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Abortion and Animals

[ 0 ] August 23, 2007 |

LT comments in the thread earlier today that (s)he can see some relevance of animals to the abortion debate. And I can actually see it in one narrow context. In his essay in What Roe Should Have Said, Akhil Amar argues:

There are indeed plausible textual reasons for not treating the unborn as persons within the meaning of the Constitution…but even nonpersons may have interests that deserve of human protection. A pet dog is not a person, yet society may protect it from cruelty or wanton destruction…

This is is true, as far as it goes. The fact that the fetus is not a legal person does not, in and of itself, mean that the state cannot legislate to protect fetal life. (Well, apparently there are some libertarians who argue that the state cannot protect animals; not being a libertarian, I’m free to agree with McArdle that such legislation is perfectly acceptable, and in any case it’s certainly not prohibited by the United States Constitution.)

But as applied to abortion, the analogy doesn’t do any serious work: it breaks down in ways that are particularly important to assessing abortion. Most importantly, unlike animals fetuses reside in women’s bodies, and being forced to carry a pregnancy to term imposes serious burdens on a mother’s health and life prospects, which forcing a woman not to torture dogs does not. Similarly, bans on abortion ineluctably place these burdens exclusively on women as a class, while most laws protecting animals don’t burden any particular class of individuals. And finally, unlike with abortion statutes as Michael Vick now knows we’re willing to enforce laws banning animal cruelty against rich people. Roe extended the de facto access affluent women had to safe abortions to more women by straining down legislation that was arbitrarily enforced; again, there’s no analogy with bans on animal cruelty here.

So ultimately the point, while narrowly clever, isn’t useful. If access to abortion is not a fundamental right, the analogy is superfluous; the state can already balance the relevant interests pretty much however it chooses. (It matters only in the sense that the state would not be required to ban abortion, a conclusion that for obvious reasons opponents of legal abortion are generally desperate to avoid in any case.) And if abortion is a fundamental right — and under the relevant doctrine is clearly is — comparing fetuses to animals doesn’t get you very far in terms of justifying the severe burdens abortion bans place on the right.

Look, We’ve Seen This Kind of Thing Before

[ 0 ] August 23, 2007 |

Was lucky enough to get a ticket to see the New Pornographers last night. Even better, the rockcrit friend who got me the ticket had heard that Neko wouldn’t be appearing, but she turned out to be there, a pleasant surprise. (No Dan, though.) She had technical problems for the first couple songs and the new acoustic backing players were often inaudible, but otherwise it was excellent, tight playing of very well-selected old stuff mixed judiciously with the best stuff from Challengers. Some fans were impatient with the shambolic between-song patter, but I have always found that part of their charm. During one interlude where fans shouted requests someone yelled “Lady of Spain,” and before I could even shout out “Never play ‘Lady of Spain’ again!” Carl made the obligatory Slap Shot reference, and followed that up with a discussion of lines from Strange Brew. Non-Canadians wouldn’t understand.

I have an etiquette question. The woman who was in front of us for most of the show hit me a couple times with her large bag accidentally early on, the kind of thing you’d expect given how packed things were. But then she actually tottered back into me a couple times, and it became evident that she was so wasted she could barely stand up (it was a little funny at first, because she was also scrawling things in a notebook.) After a bit the guy with her literally had to hold her up so she wouldn’t fall down. And then halfway through the show he brings her another beer, leaving her to collide with people for a couple minutes. I didn’t say anything, for the reason that I almost never do in such situations: I try to adhere to the principle of “mind your own goddamned business.” I’m very reluctant to mention such things to a friend; in the rare circumstances where I’ve timorously make a query about someone’s drug problem or eating disorder of whatever I’ll feel guilty for weeks. With strangers, I don’t think you should stay anything. Still, I wonder if it’s appropriate in a case like that to say “uh, don’t you think she’s had enough,” or alert the bartender or something?

The Ghost of Trolls Past

[ 0 ] August 22, 2007 |

Long-time readers of LGM will remember our first major troll, who during debates about abortion would start babbling about bald eagles. I thought this was a true innovation, but similar arguments are now being made in the august halls of the Tennessee legislature. Apparently, if you believe that it should be illegal to torture dogs, then you have to be against abortion. And as soon as dogs that have already been born start occupying women’s uteruses, this analogy will be somewhat less specious. (In addition to the problem of calling fetuses “babies” — given that the GOP believes that women who get abortions should not face any legal sanction, I can only infer then that Rep. Campfield believes infanticide should be legal unless it’s a contract killing.)

Frivolous Lawsuit of the Day

[ 0 ] August 22, 2007 |

Whatta maroon. Michiko Kakutani must be praying that “write a negative review, pay $150 million” doesn’t become a legal precedent…

The Moral Hazard Myth

[ 0 ] August 21, 2007 |

Repeating a frequent argument, a commenter to this thread says:

The structure of a universal care system should somehow promote and reward healthy living.

How does one deter the freeloaders who take poor care of themselves and then overuse the system for years on end (as sort of mental health therapy)? “It will not happen” is a questionable response – it happens now.

Frankly, this gets us to one legitimate critique libertarians have of universal health care: it can be used to bootstrap lots more nanny statism. I can live with that given the net positives of having a better health care system, but it’s regrettable.

For this reason, however, it’s worth noting that the argument is lousy, a subset of the utterly bizarre belief that medical care works according to similar incentives as markets for consumer goods. As Malcolm Gladwell notes with respect to the claim that having health insurance (rather than paying for doctors out of pocket) represents a major moral hazard:

The moral-hazard argument makes sense, however, only if we consume health care in the same way that we consume other consumer goods, and to economists like Nyman this assumption is plainly absurd. We go to the doctor grudgingly, only because we’re sick. “Moral hazard is overblown,” the Princeton economist Uwe Reinhardt says. “You always hear that the demand for health care is unlimited. This is just not true. People who are very well insured, who are very rich, do you see them check into the hospital because it’s free? Do people really like to go to the doctor? Do they check into the hospital instead of playing golf?”

For that matter, when you have to pay for your own health care, does your consumption really become more efficient? In the late nineteen-seventies, the rand Corporation did an extensive study on the question, randomly assigning families to health plans with co-payment levels at zero per cent, twenty-five per cent, fifty per cent, or ninety-five per cent, up to six thousand dollars. As you might expect, the more that people were asked to chip in for their health care the less care they used. The problem was that they cut back equally on both frivolous care and useful care. Poor people in the high-deductible group with hypertension, for instance, didn’t do nearly as good a job of controlling their blood pressure as those in other groups, resulting in a ten-per-cent increase in the likelihood of death. As a recent Commonwealth Fund study concluded, cost sharing is “a blunt instrument.” Of course it is: how should the average consumer be expected to know beforehand what care is frivolous and what care is useful? I just went to the dermatologist to get moles checked for skin cancer. If I had had to pay a hundred per cent, or even fifty per cent, of the cost of the visit, I might not have gone. Would that have been a wise decision? I have no idea. But if one of those moles really is cancerous, that simple, inexpensive visit could save the health-care system tens of thousands of dollars (not to mention saving me a great deal of heartbreak). The focus on moral hazard suggests that the changes we make in our behavior when we have insurance are nearly always wasteful. Yet, when it comes to health care, many of the things we do only because we have insurance—like getting our moles checked, or getting our teeth cleaned regularly, or getting a mammogram or engaging in other routine preventive care—are anything but wasteful and inefficient. In fact, they are behaviors that could end up saving the health-care system a good deal of money.

As far as I can tell, here’s not much empirical evidence that the “moral hazard” has a major impact — it’s pretty hard to explain why the American system, which offers less insurance than other comparable ones, is so much more expensive, for example. The reason above is an important one: financial disincentives discourage you from preventative medicine, but not from treatment for more serious illnesses.

None of this surprises me, because the argument also strikes me as illogical on its face. The thing is, being healthy is its own powerful incentive. Maybe I’m unusual, but even though I have decent health insurance I don’t actually enjoy being sick, bedridden, in physical pain, spending time in doctor’s offices, etc. Do people really think it’s common — even subconsciously — for someone with a relatively healthy lifestyle to get health insurance and see that as an opportunity to go on that all Popeye’s, deep-fried HoHos, and Cutty Sark diet they’ve been hankering for? I don’t understand this reasoning at all. There may be room for some minor disincentives at the margin, but the idea that universal healthcare won’t work because the possibility of being bankrupted by medical bills is the major incentive people have to be healthy is bizarre.

More On Southwick

[ 0 ] August 21, 2007 |

From Nan Aaron:

The Post is wrong. Why are so many unions opposed to Southwick? Because Southwick voted against the interests of injured workers and consumers in divided decisions 89 percent of the time. Why are civil rights groups opposed? Because he also voted overwhelmingly — 54 of 59 times — against defendants alleging juror discrimination. That prompted his own colleagues on the Mississippi Court of Appeals to accuse him of “establishing one level of obligation for the State, and a higher one for defendants on an identical issue.” Southwick, they charged in a dissent, placed his “stamp of approval on the arbitrary and capricious selection of jurors.”

Right. Which is, of course, might make him an attractive Republican Supreme Court nominee someday….

Lucky Duckies!

[ 0 ] August 21, 2007 |

In addition to what Roy says, I’d like to highlight this odd part of Megan McArdle’s counter to Ezra’s attack on Giuliani’s health plan:

Moreover, as a class, the old and sick have some culpability in their ill health. They didn’t eat right or excercise; they smoked; they didn’t go to the doctor as often as they ought; they drank to much, or took drugs, or sped, or engaged in dangerous sports. Again, in individual cases this will not be true; but as a class, the old and sick bear some of the responsibility for their own ill health, while younger, healthier people have almost no causal role in the ill-health of others.

Virtually any healthcare thread will eventually produce someone making this kind of argument: we shouldn’t pay for healthcare for sick adults because it’s their fault for smoking, drinking, being fat, or some other lack of virtue. What these arguments leave out, however, is that 1)everybody dies regardless of their personal habits, and 2)people who die tend to get sick and rack up lots of health care costs at the end of their lives. For this reason, for example, it’s far from clear that smokers are more expensive consumers of health care; smokers consume more health care when they’re alive but also die earlier, which saves expenses later on. And then when you consider that as a class smokers are also much less expensive in terms of Social Security…this argument is pretty clearly specious.

What’s really going on here, in most cases, is what John Holbo in his classic review of Dead Right called “dark satanic millian liberalism“: to some libertarians, apparently, the fact that letting poor people die of preventable illnesses will compel them to be ascetic, conformist, risk-averse drones is a feature, not a bug. This puritain wing of the libertarian movement is especially easy to reject, and I don’t know about you but for me it’s not much of an argument against providing universal health coverage.

The Problem With Attracting Conservative Evangelicals

[ 0 ] August 21, 2007 |

The story about the Bush administration pre-empting states from expanding healthcare programs for children reminds me that I forgot to comment on the latest Michael Gerson joint. To follow up on a point I’ve made before, Gerson is often used an example of how conservative evangelicals can be brought into the fold to support Democratic economic policies if only women, gays, etc. could have their policy priorities thrown under the bus. But this is the problem:

First, Rove argues that Republicans win as activist reformers, in the tradition of Lincoln, McKinley and Theodore Roosevelt. “We were founded as a reformist party,” he said in our conversation this week, “not to be against something, but to help the little guy get ahead.” The models he cites are 401(k)s and the mortgage interest deduction — government policies that encouraged individual wealth and ownership.

Yes, Gerson talks in the language of social justice, and is probably sincerely concerned about it. But the problem is that his conception of social justice and helping the poor manifests itself…in support for highly regressive tax breaks and William McKinley being his idea of a reformist president. At any rate, the idea that conservative evangelicals are a “moderate” position on abortion away from joining the Democratic Party is dreaming in technicolor. The vast majority of Republican evangelicals support Republican economic policies, whatever language they express that support in.

My Hands Remain Unwringed

[ 0 ] August 20, 2007 |

I’m frankly not sure even what to say to Josh Patashnik’s response to my post from earlier today. Essentially, he concedes the merits of the arguments Matt and I made but argues that “it would be comforting to at least see a bit more hand-wringing and equivocation from Yglesias and Lemieux before condemning Wittes’s piece” because Wittes –unlike us — is “grappling with the real conundrum here.” But the “conundrum” is perfectly straightforward. Senate Democrats acknowledged the need to update FISA and hammered out a deal. The administration reneged, and then the Democrats simply gave them what they wanted, and what they wanted was essentially a blank check. I don’t think any “hand-wringing” is required to reject this legislation because 1)once these powers are given it’s almost politically impossible to take them away, and 2)because I don’t think unchecked, arbitrary executive power is an effective means of protecting national security, and our Constitution is based on the same premise. The solution, in this case, is worse than the status quo, and it’s also extremely problematic to accede to the blackmail of crying “national security” every time the President chafes against legal restraints.

In addition, as I said last week it’s a mistake to focus too much on the particular nature of the Bush administration. Obviously, it’s especially foolish to give broad powers to a President who has demonstrated again and again that he will push any powers to the brink (and in some cases, as with FISA, beyond) of their limits, but it would be unwise to trust any administration with this authority. This would be bad legislation under a President Clinton or Obama, just as it’s bad legislation now.

Is This A Plot Conceived By Michael Skube?

[ 0 ] August 20, 2007 |

Tristam Shandy points us to this extraordinarily weak piece of media criticism from walking punchline Pajamas Media. As TS points out, the biggest problem is that it’s mostly unfounded speculation. But there are a couple more gems. I like this one:

Let’s go into the fact-checking department. [Beauchamp’s wife] Elspeth Reeve was one of three fact-checkers at the magazine.

Did she fact-check her husband’s articles? While it is hard to believe that an established magazine would make such an elementary error, so far no one at the magazine has bothered to address the question. That’s an interesting omission.

Even if Reeve did not double-check her husband’s reporting, she worked alongside the other two fact-checkers and often shared a take-out lunch with them in the magazine’s conference room.

She…had lunch with some of her co-workers! Truly, an enormous scandal. Similarly, I’ve heard rumors that Dick Miniter once had lunch with Roger Simon and Glenn Reynolds, so clearly his piece wasn’t fact-checked at all! And the scandal deepens:

Perhaps the fact-checkers believed that they didn’t have to check his work thoroughly because they knew and trusted his wife, who they affectionately called “Ellie.”

Clearly, we know that TNR committed journalistic malpractice because they called the wife of the person whose article was under review…by her name. I’m convinced! It’s entirely possible (although, the assumptions of this story aside, it’s hardly been proven with any publicly available evidence) that Beauchamp made up the entire story, but this is pretty feeble stuff.

I am looking forward to the story about how that journalistic beacon Pajamas Media was suckered into a laughably false story that Ayatollah Ali Khamenei had died, though…


[ 0 ] August 19, 2007 |

Amanda says most of what needs to be said about Michael Skube. But this is a pretty amazing punchline:

Not long after I wrote I got a reply: “I didn’t put your name into the piece and haven’t spent any time on your site. So to that extent I’m happy to give you benefit of the doubt …”

This seemed more than a little odd since, as I said, he certainly does use me as an example — along with Sullivan, Matt Yglesias and Kos. So I followed up noting my surprise that he didn’t seem to remember what he’d written in his own opinion column on the very day it appeared and that in any case it cut against his credibility somewhat that he wrote about sites he admits he’d never read.

To which I got this response: “I said I did not refer to you in the original. Your name was inserted late by an editor who perhaps thought I needed to cite more examples … “

And this is from someone who teaches journalism?

Perhaps I’m naive. But it surprises me a great deal that a professor of journalism freely admits that he allows to appear under his own name claims about a publication he concedes he’s never read.

Actually, if you look at what he says, it seems Skube’s editor at the Times oped page didn’t think he had enough specific examples in his article decrying our culture of free-wheeling assertion bereft of factual backing. Or perhaps any examples. So the editor came up with a few blogs to mention and Skube signed off. And Skube was happy to sign off on the addition even though he didn’t know anything about them.

For comparison, shorter verbatim Michael Skube: “[s]ometimes argument — a word that elevates blogosphere comment to a level it seldom attains on its own — gains from old-fashioned gumshoe reporting.” Indeed. For instance, one could — to pick an entirely random example — actually read some blogs prior to writing an LA Times thumbsucker about them…

"Curtis LeMay Without the Experience"

[ 0 ] August 19, 2007 |

I think this sums up Rudy pretty well…

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