individual mandate

Incompetent Elected Official of the Month: California State Senator Ted Lieu

/ Jack Marshall / 13 Comments

Sen. Lieu wants Lowe's to see things his way...or else.

In what is beginning to look like a full-blown ethics train wreck, the Florida Family Association’s attack on TLC’s “All-American Muslim” reality show has claimed its first victim among the show’s defenders: California State Senator Ted Lieu, a Democrat. The incident inspired him to out himself as a Constitutionally ignorant bully who can’t be trusted with legislative power. Thanks, Florida Family Association!

This was only after Lowe’s, the lumber, hardware, garden supply chain, outed itself as a sniveling confederacy of unprincipled cowards by caving to the FFA’s boycott threat, a threat motivated by anti-Muslim bigotry and nothing else. Lowe’s pulled its sponsorship of the show, muttering nonsense about how the show was controversial and how such controversies should be left to communities to hash out, which was a non sequitur and offensive, as it suggested that whether or not bigotry is acceptable in America is a valid debate topic, and that Lowe’s has no opinion on the matter. How refreshing it would be if a company like Lowe’s, capitulating to a boycott threat, came right out and said, Continue reading →

Obamacare Recusal Wars: Right and Left Are Equally Deluded

/ Jack Marshall / 5 Comments

Note to Drudge: Cheering your boss's victories is not unethical. It's not unusual. It is not even meaningful. It's called "smart."

I hadn’t written about the dual efforts to knock Justice Kagan and Justice Thomas off the Supreme Court panel considering the constitutionality of Obamacare’s individual mandate, because it is so obviously politics masquerading as ethics. I also though they would stop soon, since there is no chance either Justice will recuse at this point, and neither should.

The controversy is still occupying newspapers, blogs and talking heads, however, so I suppose it is worth discussing, especially to make this point: what concerns those seeking recusal is that they know, or think they know, how each Justice will vote on the issue, and they want to rig the process by finding a technicality that will prevent one or the other from participating. Does anyone really think that Kagan’s previous work as Solicitor General under Obama will bias her already liberal leanings? No. Does anyone really believe that Clarence Thomas would vote for an interpretation of the Constitution that opens that door for Congress to demand that we buy whatever it tells us to, were he not trying to please his conservative wife? Tell me another. Both recusal arguments are intellectually dishonest attempts to interfere with full judicial consideration of a politically explosive matter. Continue reading →

Ethics Hero: Judge Laurence Silberman

/ Jack Marshall / 6 Comments

Here President Bush attempts to strangle Judge Silberman for being insifficiently loyal to conservative causes.

Judge Laurence H. Silberman, a senior judge on the federal appeals court, cast the deciding vote as the U.S. Court of Appeals for the D.C. Circuit  upheld, 2-1, the constitutionality of the controversial individual mandate. The mandate, which is almost certain to be reviewed by the U.S. Supreme Court, is the linchpin of President Obama’s health-care insurance law that requires most individuals to purchase insurance coverage or be fined.

You can hardly have more impeccable conservative or Republican credentials than Silberman. He served in the Nixon administration, was appointed by President Reagan to the court and is a Federalist Society stalwart as well as a favorite judicial scholar of the political right. An appeals judge shouldn’t be praised for doing his job, which is deciding cases based on the law and the Constitution rather than political loyalties or ideological bias. Unfortunately, political loyalties and ideology is how the press, partisan groups, elected officials and, it must be said, too many judges, do think cases are decided, and that belief  grievously harms faith in the justice system and trust in the rule of law. Continue reading →

Wolf’s Question and the Ethical Answer

/ Jack Marshall / 9 Comments

"Upon reflection, perhaps failing to buy health insurance was a mistake..."

Wolf Blitzer’s question to Rep. Ron Paul at the CNN/Tea Party Express Republican debate in Tampa, Fla. has received most of its publicity because of the idiotic response it elicited from the audience, or some of it. That is good fodder for the Tea Party-slimers, but it was the query itself that raised the most interesting ethical issue.

What should happen, Wolf asked, when a healthy 30-year-old man who can afford insurance chooses not to buy it, and then goes into a coma and needs intensive care for six months? Ron Paul, true to his libertarian soul, muttered unhelpfully that we should all take responsibility for ourselves, which is true, but non-responsive. Blitzer followed up: “But, Congressman, are you saying the society should just let him die?” (This is where the barbarians at the gates added their bloodthirsty shouts of “Yeah!”)

Slate’s Jonah Goldberg has written about what he calls the three possible options available to American society to handle the comatose slacker: Continue reading →

The Disgrace of the Health Care Reform Debacle, Brought Into Focus

/ Jack Marshall / 19 Comments

Nice image. Unfortunately, the open book is "Catch 22"

“Some prominent academics have argued that the individual mandate is a clearly constitutional exercise of the federal government’s taxing power. Some of these same academics have argued that opponents of the individual mandate’s constitutionality are well outside the legal mainstream. Yet as of today, there has not been a single federal court — indeed, perhaps not even a single federal judge — who has accepted the taxing power argument. Not a one. And yet a half-dozen federal judges have found the mandate to be unconstitutional. So which arguments are outside of the mainstream again?”

Thus did Jonathan Adler, Case Western law professor and Director of the Center for Business Law and Regulation, chide the arrogant supporters of the health care reform act who dismissed as wackos and radicals critics who were alarmed at its intrusions onto personal freedom. The 11th Circuit Court of Appeals’ rejection of the individual mandate, the provision requiring all adult citizens to buy private health insurance, is the most striking proof yet of the arrogant, unethical, dishonest, corrupt and incompetent manner in which the Democratic majority passed its version of health care reform. Continue reading →

Are GOP Leaders Obligated to Condemn Doubters of Obama’s Birth and Beliefs?

/ Jack Marshall / 14 Comments

No.

But NBC’s David Gregory thinks so. Here was his exchange with Republican Speaker John Boehner on “Meet the Press” yesterday: Continue reading →

Judge Vinson’s Ruling on the Individual Mandate, Rejecting Utilitarianism

/ Jack Marshall / 21 Comments

Judge Roger Vinson of Florida’s Northern District Court has struck down the much-debated individual mandate in the new health care reform law, and more striking yet, has ruled that the entire law fails to meet constitutional requirements as a result. Lawyers more skilled than I will be analyzing the opinion today and long afterward, but the opinion is also notable for its ethical approach. Continue reading →