Ethics Dunces: Half of the U.S.A.

“Who’s Plato?”

According to a recent  Pew poll, almost half of the U.S. is still unaware of last week’s landmark Supreme Court decision upholding the Affordable Care Act, limiting Congress’s power to control private choices through reliance on the Commerce Clause of the Constitution, and flagging the Democrat deceit in passing a substantial tax on the middle class while hiding the fact in public and political discourse. 15% of the public must have been watching Fox and CNN the way listeners of Orson Welles “The War of the Worlds” listened to the 1938 radio broadcast, turning the dial before misinformation was clarified. These trusting or lazy souls still think the ACA was over-turned. This is, admittedly, better than thinking the world has been conquered by Martians.

The poll means that as we head into a watershed election that challenges the nation to make hard choices about its future course in tax policy, addressing the debt and deficit, foreign policy, commitment to national defense, entitlement reform, immigration, education, infrastructure renewal, employment, financial regulation, and equally vital matters that could have a decisive impact on America’s success, stability and even survival, one half of the public lack the interest and initiative to  stay current with crucial national developments. Continue reading

Unethical But Irresistible: The Trouble With Anonymous Sources

“Hello, CBS? Jan Crawford, please. Jan? I can’t talk too loudly because I’m on Justice Roberts’ wall…listen, I’ve got a…DAMN! Lost the signal again! That’s it, I’m dumping Sprint…”

The reverberations of Chief Justice Roberts’ surprise parsing of the Affordable Care Act continue unabated. He is, according to which pundit or analyst you read, a patriot, a fool, a traitor, a Machiavellian, a genius, a coward, a patsy or a hero. Now CBS reporter Jan Crawford has the Washington, D.C. elite chattering from their Manassas hotel rooms, where they have fled to find electricity and air conditioning, with a story that is headlined: “Roberts Switched Votes To Uphold Health Care Law.” Her story begins…

“Chief Justice John Roberts initially sided with the Supreme Court’s four conservative justices to strike down the heart of President Obama’s health care reform law, the Affordable Care Act, but later changed his position and formed an alliance with liberals to uphold the bulk of the law, according to two sources with specific knowledge of the deliberations. Roberts then withstood a month-long, desperate campaign to bring him back to his original position, the sources said. Ironically, Justice Anthony Kennedy – believed by many conservatives to be the justice most likely to defect and vote for the law – led the effort to try to bring Roberts back to the fold”

It is attributed to two anonymous “sources with specific knowledge of the deliberations.”

In the absence of named sources whose credibility can assessed for their own motives and reliability, Crawford’s report should be treated as no better than rumor. It is not being so treated, however. The story is headlined as fact, and the media is treating it as fact in many cases, though more responsible media sources are using the headline, “CBS: Roberts Switched Votes To Uphold Health Care Law.” Although all newspapers and legitimate news organization have ethical guidelines urging “caution,” “retraint”and “circumspection” in the use of anonymous sources to support a story, they are also addicted to them like crack. Most anonymous sources have good reasons to stay anonymous, prime among them the fact that they are breaking laws, regulations, professional ethics codes and bounds of trust by talking to reporters. Others have axes to grind and personal objectives served by planting stories. We can’t assess any of these things without knowing the identifies of the sources, and, of course, the targets of anonymous stories can’t defend themselves against ghosts. Continue reading

Ethics Quote of the Month: Chief Justice John Roberts

“We do not consider whether the Act embodies sound policies. That judgment is entrusted to the Nation’s elected leaders. We ask only whether Congress has the power under the Constitution to enact the challenged provisions…Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.”

—-Chief Justice John Roberts, in the introduction to his majority opinion in the case of National Federation of Independent Business et al. v. Sebelius, which upheld the Affordable Care Act on the grounds that the so-called “individual mandate” was a tax, not  government-mandated commercial conduct.

The Chief Justice’s statement is what is called dicta, commentary in a Supreme Court opinion that is neither binding on future courts nor a substantive part of the decision. Dicta, however, often has great influence in shaping future cultural consensus, and we can only hope that the Chief Justice’s wise and ethical words stick.

He is talking about process and accountability, and what is necessary for our democratic republic to work, and, frankly, survive. Reading letters to the editor and web site comments about yesterday’s decision, I find the overwhelming civic ignorance and “the ends justify the means” obsession of the vast majority of the writers more than depressing. The Supreme Court decision did not “vindicate” the Democrats and President Obama—only positive outcomes from the law they rammed through the system using every obfuscation and trick in the book could begin to do that, and even then it might be impossible, at least from an ethical standpoint. The Supreme Court’s decision raised the serious question of whether the law was passed under false pretenses, a tax disguised as something else so as not to call attention to its violation of the President’s promise not to raise taxes on the middle class. Once the Affordable Care Act began traveling through the courts, the Administration began suddenly calling the individual mandate a tax—a term that was not used in the 2500 page law itself—because it recognized that its Commerce Clause rationale for the individual mandate was shaky. Some courts found the bait-and-switch cynical and offensive, and refused to consider it. The bait-and-switch was offensive, or should be to citizens who believe that the public should know the truth about the laws Congress passes, but Roberts properly held that it isn’t up to the Supreme Court to protect the public from the curs, liars and knaves they regularly elect to high office because “character doesn’t matter.” In a democracy, this is the public’s job. We are accountable. The Supreme Court doesn’t exist to protect us from our own laziness, lack of principles and stupidity. It exists to make sure that if our elected officials pass lousy, ill-considered and un-read laws that roll the nation ever closer to a national diet of moussaka, at least they did it within the bounds of the Constitution. If We the People decide to tolerate cynical, dishonest, incompetent leaders and representatives and the nation ends up like Stockton, California, well, at least one branch of government did its job to make democracy work.

In the end, it will have been the people who failed to uphold their part of the experiment. That’s what the Chief Justice was saying.

I wonder if anyone is paying attention.

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Source: National Federation of Independent Business et al. v. Sebelius

Graphic: Linda Life

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.