Supreme Court Vacancy Ethics: A Competent Choice, An Unethical Announcement, And An Irresponsible Reaction

gorsuch

You know, if every day is going to set off multiple political ethics controversies, I’m not going to have time to write about lobster hats.

Last night, President Trump selected Colorado federal appeals court judge Neil Gorsuch as his Supreme Court nominee.

A. The Choice

Except for those who literally are determined to freak out and condemn anything President Trump does, this was a competent, responsible choice. He would be one of the best of the available choices for any Republican President, more qualified than Obama’s snubbed selection, Merrick Garland, to fill the same vacancy, and Garland was certainly qualified. It’s ridiculous that Gorsuch is one more Harvard grad on a Court that is exclusively Harvard and Yale, but that aside, he adds some diversity of outlook by being from the middle of the country rather than the coasts. He writes clearly, unlike, say, Justice Kennedy, and is not a pure political ideologue, like Ginsberg or Alito.

Before the Democrats’ rejection of Robert Bork shattered the tradition of allowing every President the privilege of having his SCOTUS nominations approved absent real questions about their competence or honesty, a nomination like this one would have garnered bipartisan praise. Trump made a responsible, competent, choice. Really. He did.

B. The Announcement Continue reading

Indiana’s Unconstitutional, Unethical, Thoughtful, Subversive Abortion Law

If you want to kill this no matter what, it's legal and ethical. If you just don't like its skin color or gender and want to kill it because of that, you're a monster....

If you want to kill this no matter what, it’s legal and ethical. If you just don’t like its skin color or gender and want to kill it because of that, you’re a monster….

Feminists, pro-abortion enthusiasts (They like it! They really like it!), the biased, brainless news media and kneejerk progressives who haven’t given abortion and its many ethical problems one-thousandth of the careful, objective thought it deserves are just dismissing the new Indiana law restricting abortion as one more “war on women” maneuver and yet another mindless attack on abortion rights. It is an attack on abortion rights, but hardly a mindless one, and Indiana deserves respect and some ethics points for aiming a law right at the fault line of dishonest pro–abortion logic.

Maybe the law will provoke some quality discussion before it goes down in flames, and maybe some abortion supporters will slap their heads and realize that the rhetorical and rational behind abortion is at its core intellectually dishonest. If so, it will have done some quantifiable good.

Maybe the law will be the tipping point that finally makes a significant number of ethical people who have blindly accepted the tortured logic behind the nation’s casual acceptance of millions upon millions of aborted human lives open their minds.

Maybe if I flap my arms really hard, can fly to the moon. Continue reading

“I think abortion is evil, but it is a necessary evil.” Discuss.

Foetus-435110

This blog doesn’t discuss evil very often because it is not a term appropriately associated with ethics. Evil is a concept related to morality. In an ethics discussion, I would take evil to mean something extremely, irredeemably unethical by any ethical analysis or system. The statement “I think abortion is evil, but it is a necessary evil” appeared parenthetically in a comment by Beth, a frequent commenter on Ethics Alarms who is a mother and a lawyer, regarding the Planned Parenthood videos. Though the news media appears to have successfully distorted that story by focusing only on whether the videos were evidence of illegal “trafficking in body parts” by Planned Parenthood, that was not the reason I posted the essays, and it is not the reason those videos are significant in the ongoing debate over abortion rights. Two high ranking individuals in the organizations casually discussed the crushing and crunching of the heads and torsos of living and helpless individuals with the sensitivity I would associate with stepping on a roach. If this doesn’t disturb you, it should. If it does disturb you, as it did Beth, what does that mean?

Abortion is one of the most important and difficult ethics issues in the culture, indeed in world culture. It involves millions of lives and millions of deaths, law, bioethics, religion, social policy, science, human rights and feminism, as well as society’s ultimate respect for life itself. I have written about the ethics of the abortion debate frequently (you can find most of the relevant posts here), but to summarize the Ethics Alarms views on the topic:

1. Abortion is an ethics conflict, meaning that there are ethical principles in opposition to each other, requiring society to set priorities.

2. The absolutist position on the anti-abortion side is that abortion involves the taking of innocent human life, which begins from conception, and is thus unethical in all cases. It is a strong position if one accepts the underlying assumption.

3. However, no absolute position is really absolute. Every ethics absolute has an exception, or several: there must be some circumstances when abortion is necessary and right. (This is not true of moral absolutes, since moral absolutes are self defining. If the power dictating a moral precept says it is absolute, it is so.)

4. The absolutist position on the abortion side of the argument holds that a woman’s right to have complete dominion over her body, reproductive activity and health justifies abortion in all cases. This is not a strong position, and in fact is one that cannot be honestly argued or sustained. It supports abortion on demand for any purpose or preference, entirely at the mother’s discretion.

5. To make that argument, extreme pro-abortion advocates have had to deny the humanity and human rights of unborn children, even to the point of arguing that they are not individuals at all, but mere “parasites,” or “tumors.” The removal of a second life from the equation that is at the core of the abortion problem makes the abortion decision easy and guilt-free; it also settles the debate by pretending the central issue doesn’t exist. That issue is that there is another life involved, not just the mother’s.

6. The debate over the ethics of abortion has been handicapped by the tactic of both sides to pretend a legitimate interest championed by the other doesn’t exist. A woman’s ability to control her own life, career and what happens to her body is an important societal issue, yet the term “pro-life” ignores it entirely. It is not the only important interest involved in the abortion decision, however, as the term “pro-choice” suggests.

7. Neither absolute position, whatever its theoretical virtues, is practical from a policy perspective. Desperate women who are pregnant will seek abortions, people will help then (or exploit them, or kill them), and public policy cannot pretend otherwise. Society will not tolerate punishing women for aborting their unborn children, whether they deserve to be punished or not. Yet allowing mothers to have unborn children killed on a whim leads to the callous, ugly, dangerous attitude toward innocent life on display in the Planned Parenthood videos. Callousness toward any human life, history has shown us, is a slippery slope with the potential of doing terrible harm to the culture.

8. Roe v. Wade was a premature Supreme Court decision and a badly reasoned one. Until and unless it is overturned, abortion is a right. That does not mean, and never meant, that abortion necessarily is right.

9. Because absolutism fails here, abortion is a problem that demands utilitarian analysis–balancing of interests and values, in the best interests of society, long and short-term, and everyone in it, according to the facts as we understand them.

10. Balancing requires an honest acknowledgement that there is something to balance. The “pro-choice” and “pro-life” dichotomy doesn’t acknowledge that in their most extreme incarnations, and since abortion is currently a right, the pro-choice lobby detects no reason to yield to logic, science and reality. Continue reading

Virginia Campaign Lies: the Unethical Use of the Dishonest “Would”

The next U.S. Senator from Virginia? You could do worse! In fact, Virginia might.

I’m going to vote for Tim Kaine, the ex-Democratic Governor of Virginia running against George Allen, the Republican trying to regain the seat he lost in 2006 to James Webb. After the slimy, dishonest campaign Allen ran against Webb ( full disclosure: I went to law school with the Senator, and know him personally. A more honorable, courageous, principled man doesn’t walk the earth), Allen lost any chance of a vote from me forever, and it wouldn’t matter if his opponent was a toilet brush.

Nonetheless, Kaine’s ads are making me think he’s only a step or two above toilet brush level. Especially outrageous is this line, from a “war on women” ad “approved” by Tim Kaine, intoned by an announcer as the camera shows a woman:

                   “Allen would take away her Constitutional rights by reversing Roe v. Wade.”

Even counting “v.” as a word, this inexcusable statement includes four misrepresentations in just twelve words, an impressive total, though I’m sure Bill Clinton has topped it at one point of another. Let’s see: Continue reading

NBC Tries a Hit on Trump, and Exposes Its Own Incompetence

“Trump Fumbles Abortion Question” trumpeted “The Daily Beast” under the label “Confused”. It caused my heart to leap: could The Donald have stuck his foot in his mouth with an obnoxious-presidential-campaign-flirtation-destroying gaffe so soon?  Callooh! Callay!

I rushed to the link, which was on the NBC News site, only to have my hopes dashed. Trump hadn’t made a gaffe at all. Some biased, ignorant NBC reporter, who has decided that it is her life’s assignment to show the American public just who is and who isn’t qualified to run for President of the United States, tried a deceitful and unfair trick question on Trump, who promptly identified it as such. Then, completely mistaken about her assumption that his answer was disqualifying at all, she smugly sat back while her colleagues in the media attempt to present the exchange as a “gotcha.” In  other words, Trump is going to get the Sarah Palin treatment, and this was the first, jaw-droppingly stupid attempt at it. Phooey! It’s bad enough that I keep having to stand up for Palin; now I have to stand up for—ughhh!–-Donald Trump!

Here is part of NBC’s Vaughn Ververs’ account of the exchange between NBC’s Savannah Guthrie and Trump: Continue reading

Good-bye and Good Riddance to Bush’s Unethical “Conscience Clause”

The Obama Administration has deep-sixed a controversial Bush Administration rule that permitted a wide variety of health care workers to  refuse to administer treatments they found morally repugnant, what the Bush administration termed workers’ “right of conscience.”

Hospitals and clinics faced a loss of federal funds if they failed to uphold the rule, which itself was ethically repugnant. Kudos, thanks and hosannas to President Obama for getting rid of the Federal variety; some states, regrettably, still have them.

The American Medical Association’s position on the matter, embodied in a resolution passed by its membership, is clear and well-reasoned. Its reasoning applies to health care workers though the specific subject of the resolution was pharmacist conscience clauses.

The AMA’s resolution, “Preserving Patients’ Ability To Have Legally Valid Prescriptions Filled,” states: Continue reading

Tax Deal Ethics

A few brief ethics observations on the current tax deal machinations on Capitol Hill:

  • It was an unconscionable breach of responsibility for Congress to neglect to address this issue months ago. Not only would a timely decision whether to extend all, part or none of the Bush tax cuts have avoided the present uncertainty; it would have aided the recovery, as businesses and individuals would have known what the tax requirements would be, and could invest, spend or hire accordingly. The reason the Democrats waited, even when it was obvious that their House majority was a goner and that President Obama would be negotiating from weakness as a result, was pure, unadulterated cowardice. Congress was willing to withhold needed policy certainty, harming the economy and the public, so they wouldn’t have to take a stand before elections. Continue reading

The Citizens United Opinion and the Post’s Unethical Poll

Is the Washington Post story on  the Citizens United v. FEC Supreme Court opinion and the public’s reaction to it  dishonest, sinister, or just incompetent? I’m not sure, but I am sure of this: it is a classic example of why polls are a terrible way to guide national policy and lawmaking. The Post article begins…

“Americans of both parties overwhelmingly oppose a Supreme Court ruling that allows corporations and unions to spend as much as they want on political campaigns, and most favor new limits on such spending, according to a new Washington Post-ABC News poll.”

The statement is false and misleading. Whatever the merits or deficiencies of the Citizens decision may be, the vast majority of the American public has no idea what the Supreme Court ruling was, or why it was made. Continue reading

Super Sunday Ethics: Tim Tebow’s Pro-Life Superbowl Ad

N.F.L. quarterback Tim Tebow is in the middle of a fierce culture wars controvesy because he agreed to let his life story be the centerpiece of a Super Bowl ad created by Focus on the Family, the evangelical group founded by James Dobson. has bought air time during the Super Bowl. The ad features Tebow and his mother relating how she rejected the advice of doctors when urged her to have an abortion. She had the baby, and he grew up to be a football star. A touchdown for the anti-abortion team.

Some women’s groups, including the National Organization for Women, are petitioning  CBS not to air the ad during next month’s Super Bowl, always one of the most-watched television events of the year. Continue reading

Abortion Debate in the Senate: Inconvenient Ethics

It will be major irony if the Senate health care reform bill, an irresponsible, cynical, dishonest piece of legislation (any legislation that is 2000 pages, unreadable, and largely unread by those voting for it is, by definition, irresponsible, cynical and dishonest), fails because of its position on abortion. The bill is an abomination and deserves to fail, but not because of that. Continue reading