Progressives

Sorrell v. IMS Health: Legal, Ethical, and Unjust

/ Jack Marshall / 1 Comment

The case of Sorrell v. IMS Health, which the Supreme Court decided yesterday, sharply focuses the philosophical disagreement over the role of the courts in public policy. The legal question was rather straightforward; the ethical issues are complex. Is it the Court’s duty to make bad—but constitutional— laws work, or is its duty to follow the laws, and leave it to the legislature to fix their flaws?

This was a case about incompetent  lawmaking. Gladys Mensing and Julie Demahy had sued Pliva and other generic drug manufacturers in  Louisiana and Minnesota over the labels for metoclopramide, the generic version of Reglan. The drug, used to treat acid reflux, had caused them to develop a neurological movement disorder called tardive dyskinesia. None of the generic drug’s manufacturers and distributors included warnings on the labels about the danger of extended use of the medication, even though the risk was known to them. Neither did the manufacturers of the brand-name drug. The problem was that the state statutes required generic drug manufacturers to included warnings about dangerous side effects, while federal regulations required generic drugs to carry the exact same label information as their brand name equivalent.  Continue reading →

The Chivalry Curse, the President, and the Dazzling Smile

/ Jack Marshall / 10 Comments

The Chair of the Democratic National Committee

The Republicans seldom look more silly—and politics seldom looks more cynical— than when the GOP complains that the media or liberal interest groups are ignoring conduct by a progressive politician that they would vociferously criticize if a conservative politician behaved similarly, even though the Republicans themselves see nothing wrong with the conduct, and would scream that the criticism was unfair if it was focused on a conservative. This is yet another of the funhouse mirror versions of the Golden Rule in action, being employed for a dubious “Gotcha!”: “Do Unto Others As You Would Do Unto Me, Even Though If You Did That Unto Me, I Would Condemn You For It.”

It is the game Republican women’s groups and  conservative pundits are playing now, because the National Organization for Women hasn’t rapped the knuckles of President Obama for calling Rep. Debbie Wasserman-Schultz (D.-Fla.), the Democratic National Committee Chair, “cute.”

Wendy Wright, president of Concerned Women for America (a conservative women’s organization), called out NOW on its double standard, and said,“Of all people who ought to be offended at President Obama’s statement it should be an ardent feminist like Wasserman-Schultz. Isn’t objectifying women by their looks a mortal sin among feminists?” Charlotte Hayes, a senior fellow at the Independent Women’s Forum, the conservative twin of NOW, argued, “If a conservative had said this, [NOW] might have gone quite crazy. The Democrats might have gone quite crazy and tried to have his head on a platter. I guess Democrats could get really mad because you say a woman has a charming smile.”

But, she added, “I’m not one of those people who gets mad if you said I have a charming smile. I would be flattered.”

For its part, NOW has said that it has more pressing matters than criticizing a major ally’s politically incorrect gaffe, much as it couldn’t be bothered to criticize Bill Maher for calling Sarah Palin a “dumb twat” or MSNBC’s Ed Schultz for describing conservative pundit and single mother Laura Ingraham as a “right wing slut.” The President and the woman with the cute smile, meanwhile, are ignoring the whole thing.
Here is the irony, and the problem: they are all wrong. Continue reading →

Ethics Quote of the Week: Washington Post Columnist Michael Gerson

/ Jack Marshall / 8 Comments

“In determining who is a “major” candidate for president, let’s begin here. Those who support the legalization of heroin while mocking addicts are marginal. It is difficult to be a first-tier candidate while holding second-rate values.”

—-Washington Post columnist and former Bush advisor Michael Gerson, pronouncing presidential candidate Rep. Ron Paul’s Libertarian endorsement of drug legalization ethically unacceptable.

Gerson’s deconstruction of the all-too-common and increasingly ominous calls for legalizing addictive drugs nicely captures the trio of ethical flaws of the advocacy: it denies the crucial and legitimate government role defining responsible conduct for society, it embraces the myth that recreational drug use “does no harm,” and it is arrogant and selfish, condemning the poor and reckless to problems that their fragile resources cope with, in order to bestow a dubious “freedom” that the drug advocates do not need. Continue reading →

Is Flogging More Ethical Than Incarceration?

/ Jack Marshall / 6 Comments

Ah, those were the good old days!

Peter Moskos is about to publish a book entitled “In Defense of Flogging.” He’s not really advocating a return to the Cat O’ Nine Tails, however, but engaging in a so-called “thought experiment”, which Moskos, an assistant professor of law, police science, and criminal-justice administration at the John Jay College of Criminal Justice, summarizes at the end of his article on the topic (in the Chronical of Higher Education) like this:

“So is flogging still too cruel to contemplate? Perhaps it’s not as crazy as you thought. And even if you’re adamant that flogging is a barbaric, inhumane form of punishment, how can offering criminals the choice of the lash in lieu of incarceration be so bad? If flogging were really worse than prison, nobody would choose it. Of course most people would choose the rattan cane over the prison cell. And that’s my point. Faced with the choice between hard time and the lash, the lash is better. What does that say about prison?”

I’ll answer that:  it says that imprisonment is a better and more efficient punishment for serious crimes than flogging, and who didn’t know that? Continue reading →

Ethics BELIEVE IT OR NOT!!! A NEW Missoula “List” Controversy, and It’s Just as Stupid as the FIRST One!

/ Jack Marshall / 8 Comments

I am sorely tempted to just scream, “ARRRRRRRGGHHHHHHHH!!!!” and leave it at that.

This time around, the humorless, metaphor-challenged, unfair individuals and media outlets misrepresenting an innocent, non-violent, non-provocative use of the imagery of putting someone on a list doesn’t hail from the lunatic Right, like Ronbo and his Missoula Maniacs (an excellent name for a rock band, if you ask me), but from the Left….proving that when it comes to allowing ideological fervor turn your brain to mush and your ethics to applesauce, there are no partisan limitations.

But…you are not going to believe this, but it’s true…this one started in Missoula, Montana too, just like the Missoula Mikado Affair!

Get this:

But first: ARRRRRGGHHHHHHHHHHHHHHHHHH!

OK, I feel a little better. Let’s proceed: Continue reading →