Saturday Morning Ethics Warm-Up, 1/4/20: Abortion, Ann Althouse, A Big Lie And The Big Stupid

Good morning!

We’ve started a year without a dog enriching each day for the first time in over three decades. Don’t like it much.

1 . Lobbying the Supreme Court against abortion.  207 members of Congress — 39 senators and 168 House members from 38 states — filed  an amicus  brief urging the Supreme Court to uphold a Louisiana anti-abortion law when it hears the case in March, stating they “have a special interest in the correct interpretation, application and enforcement of health and safety standards for elective abortion by the people of the states they represent.” In the brief, the mostly GOP legislators (two Democrats also signed on) implore  the Supreme Court to uphold a lower court’s decision to let stand a Louisiana statute that requires physicians who perform abortions to have admitting privileges to a hospital within 30 miles of where the procedure is being performed. SCOTUS declared virtually the same law unconstitutional in Texas; the argument for this law is that Texas is bigger than Louisiana.

I’m serious.

The Center for Reproductive Rights argues that the Louisiana law is really an effort to “regulate abortion out of existence,” claiming that only one physician in the state would be able to  provide abortions if the law is allowed to stand.

Oh, I think it’s pretty obvious what’s going on.

2. Another Big Lie. When I went to a local cineplex to see “Ford vs. Ferrari,” I was stunned at how few employees were in evidence at a movie house with 18 screens and hundreds of people buying tickets. There was one human being selling tickets, the rest were dispensed by automated kiosks. There were no ticket-takers at all; we figured out that we could have just walked into any of the theaters without showing a ticket to anyone. To buy drinks and snacks, I  had to stand in a line for over 20 minutes, because only one person was filling orders. Continue reading

Ethics Observations On The Financial Massacre Of The Aurora Massacre Plaintiffs

James Holmes’s 2012 attack on the Century Aurora 16 movie theater showing “The Dark Knight Rises” killed 12 people and wounded 70 others. Many of the survivors and relatives of those killed sued Cinemark, the theater’s owner, in state and federal court, arguing that lax security was the cause of the attack. Cinemark’s defense was that the shooting was unforeseeable. Two suits went forward, one in state court and one in federal court, with different plaintiffs. Cinemark prevailed in both. After the recent jury verdict for Cinemark in the state court case this summer, the company had sought nearly $700,000 from the victims under the “loser pays” Colorado law, which directs that the winning side in a civil case is entitled to recover its legal costs from the losing side. This is the predominant system in England and Europe. The litigation costs of Cinemark in the federal case are likely to be more than $700,000, maybe a lot more.

What’s going on here (the best question to begin any ethics inquiry)? Well…

1. The law suits were a terrible idea. This was the result, in part, of the increasingly popular ideological virus in our society that is slowly reprogramming previously functioning brains to believe that nobody should have to pay for their misfortunes, and that somebody with deeper pocket and more resources should always be obligated to pay instead. This is increasingly a staple of leftist thought: the government, insurance companies, corporations, people with more money, all of them should be potentially on the hook when misfortune strikes others, because that’s fair.

2. It’s not fair, though.  It is profoundly un-American and unethical.

If those parties have caused the damage, or had the power and responsibility to mitigate it, or promised to pay for it, then there are ethical arguments to support them paying some or all of the expenses. But if something terrible happens to you, those people should have no more obligation to be accountable for your harm than you should have responsibility for taking care of them. That’s not the message sent by the culture though. Lawyers love the message that if you are harmed, somebody else can be found to ease your pain. They love it, because they can share in the bounty if a lawsuit seeking damages prevails, and this attitude guarantees more lawsuits. Continue reading