White House “Ethics”: Obamacare Justifies The Means

Supreme Court protests: pointless when anyone else organizes them, unethical when the White House organizes them.

I was stunned by the news reports of the White House organizing pro-Obamacare demonstrations outside the Supreme Court, and then found myself stunned that I was stunned.

It should have been obvious to all, which includes me, that President Obama and Democratic supporters of Obamacare were so determined to pass this mess that it stopped mattering to them long ago what democratic and constitutional principles were nicked, warped, distorted and violated in the process. This should be obvious regardless of whether one likes the final product (as if anyone knows what that really is, even today—principle nicked: transparent government).

The final bill was passed with a series of legislative maneuvers that had never been mustered all in the support of one controversial bill (principle warped: process and representative democracy); it was built on an expansion of Congressional power the is either unconstitutional or a frightening slippery slope (principle distorted: individual freedom); the individual mandate was (and is) simultaneously sold to the public as not being a tax while argued to the courts as one (principle violated: honesty and integrity), the Congressional Budget Office’s verdict was obtained using accounting tricks and deceitful projections (principle nicked: fairness); and misrepresentation was the norm on both sides of the debate (principles violated: respect for the public; candor, transparency and honesty). Now that the President is already campaigning for re-election and the health care law remains his signature accomplishment—if you consider it that and not a fiasco—the White House has made it clear that, while it may not be fair to say it will stop at nothing to save it, what it won’t stop at to protect the measure is a damning indictment of its integrity.

From the New York Times, one of the few non-conservative media sources to cover the story: Continue reading

Obamacare Recusal Wars: Right and Left Are Equally Deluded

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

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

Ethics Observation of the Week: the Wall Street Journal’s James Taranto

Dissecting a Washington Post op-ed in which Attorney General Eric Holder and HHS Secretary Kathleen Sibelius argued for the constitutionality of Obamacare,  Wall Street Journal wit and political commentator  James Taranto argued that the two Obama officials…

“…can’t even muster a coherent argument in favor of ObamaCare as a matter of policy. The op-ed opens with what is meant to be a heartstring-tugging anecdote: Continue reading

Ethics Lessons From a Missing “at”

An embarrassing story from Fairfax,Virginia yields several ethical truths.

A Virginia man facing a fine or worse for not stopping properly behind an unloading school bus got off scot free after it was discovered that he hadn’t broken any law—at least the way the law is printed in the statute books.

The law reads:

“A person is guilty of reckless driving who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children.”

Got that? You break the law by not stopping a school bus that is already stopped. Continue reading

Ethics Quote of the Week

“But we have to pass the bill so that you can find out what is in it, away from the fog of the controversy.”

—-House Speaker Nancy Pelosi, in her speech before the 2010 Legislative Conference for National Association of Counties, dicussing the need to pass health care reform.

Many, including me, assumed that reports and YouTube clips of this comment were just typical examples of the increasingly common deceitful tactic of taking one sound bite out of context to make the speaker sound irresponsible or, in some cases, unhinged. But read the speech: Pelosi really is asking her audience to trust her, the House, Senate Democrats and President Obama to pass a sweeping, life-altering, expensive and vaguely defined law, that the legislators haven’t read and the public cannot begin to comprehend. Continue reading

Breast Cancer Screening Standards and Conflicts of Interest

From Reuters: CHICAGO – Cancer experts fear new U.S. breast imaging guidelines that recommend against routine screening mammograms for women in their 40s may have their roots in the current drive in Washington to reform healthcare…

The decision of the U.S. Preventative Services Task Force, an influential group that crafts guidelines for doctors, insurance companies and policymakers, to backtrack on decades of medical advice urging women to begin getting regular mammograms at the age of 40 has stirred debate and anger.  The most alarming aspect of the report, however, is that the new standards being put forth may reflect U.S. health care cost management considerations rather than proper concern for the health of U.S. women. Continue reading