Judge Vinson’s Ruling on the Individual Mandate, Rejecting Utilitarianism

Judge Roger Vinson of Florida’s Northern District Court has struck down the much-debated individual mandate in the new health care reform law, and more striking yet, has ruled that the entire law fails to meet constitutional requirements as a result. Lawyers more skilled than I will be analyzing the opinion today and long afterward, but the opinion is also notable for its ethical approach. Continue reading

Blood Libel Ethics and the U.S. News Media’s Integrity Dead End

First you make a baseless, inflammatory accusation–the Big Lie. Then you attack your victim for how she responds to it.

The news media’s self-destructive obsession with discrediting Sarah Palin has reached its ethical nadir, and with it any reasonable hope that U.S. journalism, as currently practiced, will be returning to credibility and respectability within the foreseeable future. Continue reading

Ethics Dunce: Rep. James Clyburn (D-S.C.)

I know that Ethics Alarms has been a bit relentless regarding the accusations and the innuendos against Sarah Palin and others in the wake of the Arizona shooting, but it is an unusually widespread out-break of unfair conduct, and the Ethics Dunces are coming in waves, and from all sides and sectors.

We have a sheriff on the scene, Clarence Dupnik, who seems determined to create the assassin’s defense for him, by claiming, in the face of much evidence to the contrary, that he was driven to violence by inflammatory political rhetoric. Watch Loughner’s crack criminal defense team run with that. We have the nation’s supposedly premiere news source, the New York Times, running a revolting editorial describing Loughner’s attack as political, when this is clearly not true. (An excellent condemnation of the Times piece by James Taranto can and should be read here). Not to be outdone, Rep. James Clyburn (S.C.), the third-ranking House Democrat, took the same low road. Referencing defeated G.O.P. Senate candidate Sharron Angle’s justly criticized “Second Amendment solution” statement from the campaign (it probably, and justly, lost her the election), Clyburn tied it to Jared Loughner’s attack. Continue reading

Ethics Final For Barack Obama

Is President Obama the fair, ethical, unifying, anti-partisan president of all the people that he promised to be in 2008, or is he a Machiavellian, undercover Chicago pol, willing and ready to use divisiveness and deceit to enhance his power, silence critics and advance his agenda? During the past two years, there has been ample evidence supporting both descriptions, but his address in Arizona Wednesday could settle the issue. If the President emulates his Democratic predecessor, Bill Clinton, using the massacre in Arizona as a political wedge the way Clinton used the Oklahoma City bombing—if he adopts the philosophy of former Chief-of-Staff Rahm Emmanuel that one should never waste a crisis—then we will know the dispiriting truth about Barack Obama. Continue reading

On the Post-Shooting Finger-Pointing Apology Watch

It may be that the first apology for the partisan rush to lay twenty shootings and five deaths at the doorstep of the Tea Party, Sarah Palin, and conservatives came from Arizona Daily Star’s cartoonist, Dave Fitzsimmons, and the paper itself in an editorial today. It began with a statement from the cartoonist, and continued: Continue reading

Hero, Villain or Hypocrite: The Dilemma of the Undercover Dog-Fighter

The limits of absolutism and the drawbacks of utilitarianism both come under scrutiny in assessing the strange saga of Terry Mills, whom the ASPCA recently appointed as its Animal Fighting Specialist.

Beyond question, this is a job he is uniquely qualified to hold. In 2008, Mills worked for the FBI’s domestic-terrorism task force, and went under-cover for more than a year to expose and break up a national dog-fighting ring. His efforts resulted in many arrests, and the rescue of more than 500 animals. Accomplishing all of this, however, required Mills to become part of the culture he was attacking. He trained and fought his own dogs, engaging in the very cruelty he was working to prevent. Continue reading

Lying to Mom

The call was from my mother’s case worker at the hospital.

The night before, my mother, 89, had fallen in her apartment, the seventh fall in ten days and, like the others, a direct result of her stubborn refusal to use a cane or a walker despite her unsteadiness. This time she had not been able to dissuade me from taking her to the emergency room, where we both lingered until nearly 6 AM as she was X-rayed, CAT-scanned, and given a battery of tests. The staff felt she needed to be checked-in to stay for a couple of days, especially since she was hallucinating. I agreed, over Mom’s protests; it would also provide me some more time to figure out how to prepare my home for her to move in, at least temporarily. There is no way I am going to let her fall again.

Now the case worker was calling to tell me that my mother was resisting treatment. She wanted to go home, she said, and was physically resisting efforts to give her an M.R.I. Would I please come over and persuade her?

The hospital was only fifteen minutes away, and as I drove there, I pondered various strategies. With my mother, you get one shot. If your first argument doesn’t persuade her, nothing will. I could explain why the M.R.I. would help the doctors clear her for release, but that one could backfire if the test revealed something that in fact led to a longer stay. One ploy kept pushing itself to the front of the line: Continue reading

TARP Ethics Dilemmas: A Guide For Advocates and Critics

Surprise! The TARP bailout of October 2008 seems to have turned out remarkably well.  The Troubled Assets Relief Program, which was and still is attacked by conservatives and Tea Party critics as a $700 billion bailout for Wall Street giants who should have been allowed to fail, is now anticipated to eventually only cost the federal government about $25 billion, according to the Government Accounting Office.

When a policy that is widely criticized as wrong-headed in principle actually works, it presents ethical problems for both advocates and critics alike.

A few helpful tips: Continue reading

Allied Against Consumers and Ethics: Google and the Sociopathic Businessman

Today the New York Times extensively documents the unethical business strategy used by the owner of a web-based eyewear business.

After making the discovery that Google does not distinguish between positive and negative mentions of a business on the Internet, he resolved to treat complaining customers as badly as possible to encourage complaints about his company on consumer sites. I do mean “as badly as possible”: the Times relates the accounts of customers who received insulting phone calls, threatening mail, and other harassing and bullying communications from the entrepreneur, who uses multiple aliases. The method works well: since on-line diatribes, complaints and bad reviews have piled up over his poor service, outrageous conduct and often shoddy merchandise, the man’s business is booming. Its name consistently nears the top of Google’s search results when a potential customer types the name of his or her favorite eyewear designer and “eyeglasses,” sometimes placing higher than the designer itself. Continue reading

Be Thankful Tom DeLay Is Going To Jail

“As for DeLay, his time will probably come. He has ethical blind spots galore, and is only getting bolder with time. The more the Republicans move to protect “The Hammer,” the more damaging DeLay’s inevitable fall will be to the party. As the old newspaper columnists used to say, “You read it here first!”

I posted that almost exactly six years ago. In the years I have been doing ethics commentary, no figure inspired (or perhaps depressed) me more than Tom DeLay when he was G.O.P. Majority leader in the House. Now he has finally been convicted of the legal violations that his contempt for ethics virtually guaranteed.  From “Too Dumb to be Ethics Dunces,” posted in 2005: Continue reading