Comment of the Day: “As The Obamacare Ethics Train Wreck Accelerates, A Plea To The Bitter-enders: ‘Stop It. You’re Disgracing Yourself.’”

Maybe---I sure hope not...

Maybe—I sure hope not…

My old friend Peter (we went to sixth grade together, and friends don’t get much older than that) has been absent from these pages for a while, and I was getting worried that I had offended him for the 9,498th time. So it was with relief and pleasure that I just fished his comment today out of the spam pile (how it ended up with messages like the one from someone called “Cheap Jordans Online”—what cruel parent names a kid “Cheap”?—to the effect that “Gentry and her NHM colleagues hoped that the much younger elephant fetus would contain enough genetic material to reveal whether it came from Africa or Asia,”  I’ll never understand) and realized that it was a slam dunk “Comment of the Day.”

Peter is in just as gloomy a mood as when he last commented, and I’m sure Rand Paul’s latest misadventures fending off plagiarism accusations didn’t help ( my old 6th grade math partner is a dedicated libertarian, and bristles at my critiques of the Paul clan). I’m not quite so pessimistic. Still, the fact that the President of the United States just put a big dent in the Rule of Law by unilaterally changing a statute that was duly passed by Congress, and nobody, especially Democrats, who are terrified, Republicans, who won’t have the guts to risk the trap of NOT letting the President try to fix, however illegally, his own mes, and having his complicit newsmedia then blame them for it not getting fixed, as you know they would,  and the public, which will live to regret standing for the proposition that Presidents can just ignore the Constitution if they are sufficiently desperate, bolstered by the media and principle-free, will do anything about it is alarming.

Actually, I think Obama’s “Hail Mary” unpassed amendment to the law Nancy Pelosi said we had to pass to find out what was in it—and wasn’t THAT the truth!—will deepen the ACA fiasco, and may–I’m hoping now—teach our leaders and the lazy, gullible fools who elected them the indispensibility of such ethical principles as integrity and process to democratic government.

But I’m not certain; Peter could be right in his grim diagnosis. He is an MD, after all. And he solved all the tough problems in Mrs. Penwarden’s class. She was a Nazi, by the way.

Here is Peter’s Comment of the Day on the post, As The Obamacare Ethics Train Wreck Accelerates, A Plea To The Bitter-enders: “Stop It. You’re Disgracing Yourself.Continue reading

NOW Do You Agree That Congress Should Read Bills Before It Passes Them?

runaway-train

The Obamacare meltdown should not be cause for joy anywhere, although I can understand why the Republicans are giddy and conservative pundits are searching for ways to say “Didn’t I tell you?” in unobnoxious ways. There are no obnoxious ways. There is no worse feeling than knowing that a leader, a movement or a cause that you fervently believed in and defended against doubts and criticism was not worthy of your trust. For the politically and socially committed, comparing this experience to losing a loved one is no exaggeration. Are you in the habit of pointing at your neighbor and shouting, “Haha, your mother died! I told you she looked sick!”? Mocking and razzing the Democrats or progressives in your life is not much better.

We all, however, share responsibility for running this republic, and lessons must be learned. Back in 2010, I wrote of the process whereby the Affordable Care Act was passed…

“…Once the bills began to emerge, though, things got worse. They were far too long and convoluted to read and understand; this was incompetent and irresponsible. None of the Senators or Representatives (or the President himself) who advocated the bills in the most emphatic terms had read them, which is a breach of diligence, and many frequently made statements in public that misstated the provisions of the bill, sometimes egregiously. Not reading a technical bill on a well-understood or narrow matter and still voting for it may be common (though, I would argue, outrageous), but doing so with a massively expensive and complex bill affecting the life of every American is irresponsible and an abuse of power. This has continued. Politicians who the public should be able to trust are still making assertions of fact that are not facts they have independently confirmed, and they are insufficiently familiar with the details to either make fair arguments or inform the public.

“Since nobody could read the bill, this allowed the President and his allies to make general arguments that were often half-truths devised to mislead the public or avoid raising sensitive subjects. President made many “promises” about what would and would not be in the bill, knowing that they were promises he might well not be able or willing to keep. Indeed, the bill now being voted on fails to fulfill many of those pledges.  Important policy trade-offs that might erode support were not discussed, or misrepresented.”

This isn’t a partisan point, you know. I am sure that Republicans don’t read bills before voting for them either, but the practice is unconscionable, professional negligence and reckless, and if nothing else good comes out of this miserable blot on democracy, if the public finally demand that its law-makers read, understand and be candid about the laws they make, then something of value may lie beneath the rubble. Continue reading

Ethics Quote Of The Week: Sportswriter Joe Posnanski

Picked off first, Kolton Wong curses the fates...

Picked off first, Kolten Wong curses the fates…

Just as baseball’s post season was starting, I wrote a post about how U.S. society’s flawed use of consequentialism to judge merit, wisdom and ethics is encouraged by our sporting events. The example I used was an old one, from the 1968 World Series, which I consider to be a classic and extreme example. This morning, the great sports essayist Joe Posnanski addressed the same issue, focusing on an event in last night’s weird World Series game, which ended like none other in post season history. With two outs and the potential tying run at the plate, Boston relief pitcher Koji Uehara picked off St.Louis pinch-runner Kolten Wong to end the game and stop the Cardinals’ most dangerous sluggers from batting with a chance to tie or win the game. Posnanski marvels at how what he considers a foolish decision to station the first baseman near the base for a pick-off throw had good results, and how hard it is for us to focus on process rather than results. He is, of course, talking about the appeal of consequentialism, and the way baseball encourages it. I beat him to it by almost a month, but Posnanski amplifies the point nicely. Here’s Joe: Continue reading

Case Study: The Botched DP, Baseball, Ethics Evolution, and “Getting It Right”

manager-mike-matheny-argues

I know this is a long essay.

Yes, it involves baseball.

Bear with me. I think it is worth your time.

Last night, in Game 1 of the 2013 World Series, embarrassingly kicked away by the St. Louis Cardinals and won handily by some team called the Boston Red Sox,  an intricate ethics drama appeared, allowing us to see the painful process whereby a culture’s ethical standards evolve and change in response to accumulated wisdom, altered attitudes and changing conditions. An obviously mistaken umpire’s call was reversed by the other umpires on the field as the Cardinals manager argued not that the original call had been correct, but that reversing it was a violation of tradition, established practice and precedent….in other words, doing so was wrong, unfair, unethical because “We’ve never  done it this way,” a variation of the Golden Rationalization, “Everybody does it.”   You should not have to appreciate baseball (but if you don’t, what’s the matter with you?) to find the process illuminating and thought-provoking. Continue reading

Rejecting Mob Justice Even When The Mob Is Right: Ethical And Necessary

The Taco Bell employee-to-be,

The Taco Bell employee-to-be,

Prediction: Those who don’t comprehend the George Zimmerman verdict will never understand this one. Yet it is absolutely right and necessary in every way.

Summary: The Montana Supreme Court blocked an incompetent judge from changing an offensive and inexcusably inadequate sentence for a serious crime, because he was trying to do so as the result of public criticism.

Background: Judge G. Todd Baugh, an elected district judge in Montana’s Yellowstone County, sentenced  former high school teacher Stacey Dean Rambold to 15 years in prison with all but 31 days suspended—that’s one lousy month, friends— for having sexual intercourse without consent, also known as rape, with a 14-year-old female student (the teacher was 49 at the time) who later committed suicide while the case was pending. The judge, who appears to be an idiot (he later said that he can’t imagine what came over him) explained his decision at the time by saying that the underaged victim of the statutory rape was “older than her chronological age” and had “as much control of the situation” as the teacher.

Beginning with the late student’s mother, who reacted to the absurd sentence by screaming “You suck!” at the judge (Excellent diagnosis, by the way) and storming out of the courtroom, the ridiculous verdict caused an overwhelming backlash of negative public sentiment that spread nationwide. There was so much wrong with the sentence and the way it was arrived at that the mind, and conscience, boggles: 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.

______________________________

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.

Unethical Quote of the Week: U.S. Secretary of State Hillary Clinton

Hillary said something unethical? I'm shocked! Shocked!

“But the bottom line is, whose side are you on? Are you on Qadhafi’s side or are you on the side of the aspirations of the Libyan people and the international coalition that has been created to support them? For the Obama Administration, the answer to that question is very easy.”

—–Obama Administration Secretary of State Hillary Clinton, responding in a press conference to Congressional objections that the U.S. continued participation in attacks on Libya violates the War Powers Resolution—which it undoubtedly does.

Most of the objections to Sec. Clinton’s comments focus on her apparent hypocrisy; after all, this is the same woman who as a U.S. Senator in 2003 objected to “are you with us or against us” rhetoric from the Bush Administration regarding the Iraq war by saying,  “I am sick and tired of people who say that if you debate and you disagree with this administration somehow you’re not patriotic. We should stand up and say we are Americans and we have a right to debate and disagree with any administration.” But this isn’t necessarily hypocrisy: Hillary has a right to change her mind. What is unethical about her statement on Libya is that it is manipulative, unfair and dishonest. Continue reading

If President Obama Is So Smart, Why Does He Keep Doing the Same Dumb, Unethical Thing?

I have written before, more than once, about President Obama’s astonishingly flat learning curve regarding what is and is not appropriate subject matter for the nation’s Chief Executive to render public opinions about. Without knowing the facts, he has denigrated a local policeman’s handling of a difficult and racially charged situation; he has rendered opinions on state governance matters that are not the federal government’s proper concern; he has warped public opinion by condemning a state law while misrepresenting its provisions. He has criticized citizen critics and media figures by name, something that is almost unprecedented for a president. He has declared corporations negligent or guilty in matters that had not been fully investigated, before any lawsuits or charges had been filed.  He took sides in a purely local dispute over the location of an Islamic center near the 9/11 scene, and he even injected himself into NBA star Lebron James’ free agency, suggesting that he should consider Obama’s home town Chicago Bulls.

Flat, flat, flat. Continue reading

Unethical Quote of the Week: President Obama

“Some of what I’ve heard coming out of Wisconsin, where they’re just making it harder for public employees to collectively bargain generally, seems like more of an assault on unions. I think everybody’s got to make some adjustments, but I think it’s also important to recognize that public employees make enormous contributions to our states and our citizens.”

—-President Obama, commenting on Wisconsin’s budget balancing measures, which will include ending collective bargaining by some public employee unions.

"Ladies and gentlemen...The President of the United States!"

This an abuse of power. No doubt about it.

For all his vaunted intellect, the President has displayed a stunningly flat learning curve in acknowledging and respecting the limits of Presidential influence, otherwise known as “sticking your nose where it doesn’t belong” or “shooting of your mouth about something that is none of your damn business.” In less than three years in office, he has… Continue reading

Omnibus Spending Bill Ethics

One silver lining in the despicable, 2000 page omnibus spending bill unveiled by Senate Democrats is that Republicans also have their grubby fingerprints all over it, so even though the bill lumps together a huge and expensive mess of pet Democratic projects, the richly deserved attacks on the monstrosity cannot be easily derided as “partisan.” Another is that it should put to bed forever the revolting slander that  the Tea Party movement was motivated by racism when it proclaimed that it wanted its country back. If there was ever a democratic institution that demonstrated utter contempt for the public, its legitimate and fervently expressed concerns, and the obligation of responsible government, the 2010 Lame Duck Congress is it. Continue reading