Law

Bashing Trump: Victim shaming, victim denying

Toxic Fact checking!

Toronto Star Washington, DC reporter Daniel Dale (@ddale8) joins in the media’s Trump bashing, with some old fashioned victim shaming: foolish women are deceived into prostitution by “promises of a hopeful future,” not violently kidnapped, gagged and bound.

Well, not often enough for Mr. Dale.

Focusing on the type of tape that President Trump says was used to gag the women, Dale claims that he sought out “experts” who told him that physical, violent kidnapping of women in Mexico in order to traffic them – force them into prostitution – in the US “rarely if ever happens.”

Dale quotes a San Antonio “anti-trafficking activist” who woman who has helped 12 such women whose mouths were covered when they were kidnapped. Unfortunately, she didn’t record what was used to cover their mouths.

Oh, and the wall won’t change anything except that it “would merely cause certain traffickers to take more risks and impose higher debts.”

After all, less than 2% of women who are trafficked press kidnapping charges.

Dale might put too much weight in the fact that “less than 2%” of women who are trafficked press kidnapping charges. He should listen to the women of Jalisco who tell a story similar to the one the President relates. They then face the resistance of police and authorities with attitudes like Dale’s.

Just how many violent kidnappings across the border would be enough for Mr. Dale and his experts to report the stories of trafficked women instead of a story to prove President Trump wrong?

Cashless Society, Internet to Dystopia?

The dystopias of Rand’s Atlas Shrugged, Orwell’s 1984, or Bradbury’s Farenheit 451 had nothing available to monitor and police behavior and thought nearly as powerful as the Internet.

How do you feel about your credit card company conspiring and colluding with Internet platforms to monitor – and “de-monitize” – your actions and speech: “sins,” as arbitrarily determined by the arbitrary ethics or whims of a 3rd or 4th party?

Even if you don’t read Revelation as the prediction of the ultimate dystopia, you might agree that there’s a move to force political – ethical – correctness on the public by monitoring and restricting how you spend and receive money. You might even see the possibility that in order to spend and earn money, we could soon need the approval – the “Mark” if not of *the* “Beast, “of some lesser beast, composed of powerful organizations.

“Reliable Allies Refuse to Defend a President Content With Chaos.” (NYT)

“Mr. Trump grew angry over his news coverage.“

Well, who wouldn’t when confronted with this New York Times headline: “Reliable Allies Refuse to Defend a President Content With Chaos.”

The opening paragraph might add to that anger:

“President Trump, who has long believed that he is his own best adviser and spokesman, was forced to test that idea on Friday when few of his allies seemed willing to publicly share in his evident satisfaction with the tumultuous events that have buffeted the White House in the past few days.“

This is the online version,of the which has a footnote that explains that the print version carried a more neutral title:

A version of this article appears in print on Page A18 with the headline: Confusion and Controversy Swirl, But the President Remains Positive.

The internet address for the article hints at the original purpose behind the column in the US Politics section of what was once the “newspaper of record:” “donald-trump-syria-government-shutdown.”

Other than a few comments that this is the 3rd shutdown in recent years, news coverage ignores the fact that Schumer and the Senate Democrats “shutdown” the government in January, 2018 when they staged a filibuster over another funding Bill because it didn’t protect DACA.

The President is said to have an “aggressively partisan stance,” but New York’s Democrat Senator Chuck Schumer is the one who ranted on the Senate floor:

““You’re not getting the wall today, next week or on Jan. 3 when Democrats take control of the House.”

You don’t have to wonder how Not-the-Majority-Leader Chuck really feels. And it’s clear that he has “reliable allies” at the NYT.

Border Wall : now or never

For two years, the problem with funding the border wall has been exactly the same that the country faces now: the Senate Dems refuse to budge. It’s down to the last minute, now or never for the wall, and up to the Dems to choose.

The solution is simple: instead of dedicating $10+B in aid to Mexico and Central America, allocate the money necessary to build the wall and secure the border.

What a shame that the division has become so partisan and the talking points so bitterly derisive.

As to the “immorality” that Schumer decries: just as with your home, there is a moral difference between a wall intended to control who comes into the Country and one intended to lock the inhabitants in.

The solution is simple: instead of dedicating $10+B in aid to Mexico and Central America, allocate the money necessary to build the wall and secure the border.

Federal vs. State (FGM) Updated

Update from the Detroit News:
“[T]he judge left intact conspiracy and obstruction charges that could send Nagarwala and three others to federal prison for decades.”

This story has me thinking about the powers of the State vs. the Federal government.

I am a firm believer that the individual States should regulate and enforce both criminal law and the practice of medicine.

States may make what I might consider errors in their specific codes and punishments. However, the 50 States act as individual laboratories for laws and law enforcement. As long as the States rather than the Federal government regulate these areas, citizens have a better access to the Legislators who make the laws and the bureaucracy that implement and enforce them. The voters can speak directly to their legislators in person and at the ballot box and, if truly unhappy or unwilling to wait for often slow legal changes, they can move to a State with laws they like.

These cases involve two doctors and multiple accomplices who conspired to bring girls across State lines in order to carry out Female Genital Mutilation (FGM).

The procedure is described in words and pictures at the link above and at the World Health Organization report(in .pdf), but here’s the short, least-horrifying-I-could-come-up-with version:

Pre-pubertal girls (two of the girls in this case were 7 years old at the time) are subjected to some degree of cutting in their genital area. The procedure may be anywhere between a minor cutting sufficient to cause bleeding without permanent structural or functional change, to removal of the entire labia majora and minora, along with the entire clitoris, with the vaginal opening sewn almost completely closed, only to be opened (obviously, traumatically) at marriage to allow vaginal intercourse and at childbirth.

The clitoris is a sensitive organ and very much an important part of the sexual function of the female body. The cutting site, the scarring, and the consequences of obstructed urine and menstrual flow can be life long. The actual reported goal is to make the girl chaste and impair her ability to engage in illicit sex and blunt her sexual pleasure.

FGM is a criminal act and should most certainly be malpractice under State’s medical codes. These sorts of cases would normally best be brought before the State courts.

The reason that these particular cases should be prosecuted (also prosecuted?) in Federal Court is that the girls were transported across State lines. In addition, they were irreversibly mutilated solely because they are females. If this latter doesn’t come under the 14th Amendment Equal Protection clause, I need a lawyer to explain that protection. In slow, simple language, please.

Now, I know some people will ask how I can oppose what is most likely a religious act and one that seems to come under both parental rights protection and the penumbra of “right to privacy.” And what about male circumcision?

The right to freedom of religion. Parental rights, and privacy do not have precedence over the rights not to be permanently harmed. Unlike male circumcision, there’s no medical reason to perform FGM, FGM directly impairs multiple bodily functions, and carries a significant risk of life long pain, repetitive infections, and even death.

It’s the legitimate function of government under our US Constitution and supported by the Declaration of Independence to protect the rights of individuals from being placed in harm’s way. These cases of mutilation are nothing but harmful for life, were performed on minors who are too young to consent, and were accomplished by conspiracy, using federally regulated telecommunications to make appointments, taking the girls across State lines, and utilized State licensed personnel, equipment, and medications.

I hope the Federal appeals overturn this ruling. Quickly!

Euroean Travel Politics

I’m very careful about politics when traveling. The media far too often tells us that the rest of the world doesn’t like the US since Trump was elected. The “Italian for Dummies” web page even has the phrase, “Non siamo americani.” (We aren’t American.”)

But my experience has been different: a lot of Europeans think Donald Trump is right about border security and limiting immigration. And we’ve heard this from citizens of England and Italy, who go out of their way to express their support of President Trump.

Last month, a British couple stopped to admire our narrowboat on the Thames. When they found out we were Americans, they turned the conversation to politics, support for Brexit and praise for President Trump.

We picked up our car at the Rome Airport on Friday and it happened again. Out of the blue, the 30-something agent asked, “What about Trump?”

I deferred answering to Larry and braced myself for criticism or ridicule of the President from our new aquaintance.

Instead, our Roman friend volunteered his approval of Donald Trump and the “changes’ both our countries are making in response to international pressure to accept overwhelming numbers of refugees.

He talked about the inability to vet the refugees picked up at sea, the effects on Italy’s employment situation, and the financial stress the boat loads of immigrants were causing Italy before his government’s recent refusal to accept ships full of migrants at Italian ports.

He said, “Trump is making changes. People are afraid of change, but this is good change.”

None of the people we talked to – or who made it a point to talk to us – expressed hate or racism. They are worried about the future if their countries and disapprove of “Brussels” forcing regulations on them, not simply afraid of foreigners.

I wonder who’s listening.

(BTW, several different sets of Canadians have initiated similar conversations. All approved of the President and disapproved of Trudeau.)

Is there a solution to the current immigration emergency?

I’m following and responding to the news reports and conversations on Twitter and Facebook about the arrests and separations of alien families because I’m looking for a solution that will work and have fewest unintended consequences.

We can spend all day screaming our objections or justifications and playing political games based on what should have been done and when, in the past and present. Or, we can tell our legislators that we recognize the reality of the circumstances, today, and that we need to make immediate changes, followed by more measured steps.

We urgently need to:

1. Ensure that the very young are safe and nurtured. This is an emergency, because of the damage that we know tactile deprivation has on small children. No more claims that some institutional rule prohibits holding a toddler;

2. Make sure that no more children are “lost” and that even those who are separated can communicate with their parents.

(Hospital arm bands? Schlitterbahn and the Toob renters in my home town use similar bands. The tracking numbers could follow numbers on the bands and would not only work better with digitizing information

Would it be possible/permissible to use RFID and/or GPS?

Delta uses bar codes attached to each suitcase and can text me when my suitcase is loaded or unloaded on the plane. Last month, when I was on a cruise, ATT texted me that I wasn’t covered by their international plan as soon as I stepped on the ship, before the ship left the dock.);

3. Speed up the process of reuniting the families;
(This last will be enabled by the above, but will also require resources for the rapid setting up of family shelters for those awaiting hearings, and hiring personnel for those shelters and judges to hear the cases and lawyers to represent the asylum seekers.);

4. Streamline the process for approving or rejecting application for asylum at the ports of entry. (See above. This may be a useful job for civilians -paif or volunteer – and the National Guard after apprehension and/or initial evaluation by Border Patrol);

5. Fix the laws concerning detention of children separated from their parents, the right of application for asylum for anyone who manages to step on US soil, temporary worker permits that do not allow family to immigrate, and for immigration in general;

6. Continue to identify, arrest, and prosecute people who willfully violate our immigration laws;

7. None of this is dependent upon or contradictory to securing the Border. All of them are enhanced by increased security, however;

8. Stop the partisan game playing!

It should be made clear that our government will follow the law as written. Perhaps we can continue the ads Obama’s Administration is said to have used in Central America.

None of these should be done so that more people show up expecting immediate visas, green cards, or even healthcare and food stamps. They certainly shouldn’t believe that they have a right to immigration or to burden our social infrastructure and taxpayers.

Please comment on my Facebook page.

Edited numbering, BBN

Happy Birth Parent Day

Google Images for “Baby Daddy” card

That lawsuit I wrote about yesterday would not only would put an end to Texas’ Medical and legal regulations on abortion – including informed consent, waiting periods, and sonograms – the plaintiffs go out of their way to redefine mother and father, too.

“”1 Most people with the capacity to become pregnant identify as women. Historically, both jurisprudence and public health data have focused on women when addressing reproductive rights and health. But there is an emerging recognition in the law and society more generally that not all people who may become pregnant identify as women. See generally Glenn v. Brumby, 663 F.3d 1312, 1316-19 (11th Cir. 2011)

(holding, consistent with the weight of authority, that the Equal Protection Clause prohibits discrimination on the basis of “gender nonconformity”) (collecting cases); Robin Marantz Henig, How Science Is Helping Us Understand Gender, National Geographic (2017), https://www.nationalgeographic.com/

magazine/2017/01/how-science-helps-us-understand-gender-identity/. The Constitution protects the right

of all individuals to end an unwanted pregnancy, regardless of gender identity.”

From the UK, we see the inevitable results in a time of identity and personal choice :

“Lawyers have told a judge that he had been biologically able to become pregnant but had legally become a man when the child was born.

Or a parent, of either gender or any identity, who sees the child as his own person, human-enough to possess inalienable rights, rather than a political statement and a means to an end?

Safe, legal, and unrestricted?

06/16/18 7:30 AM Edited formatting, BBN

Existing tariffs, duty, and barriers to trade in Canadian law.

Current barriers on imports into Canada from the US affect dairy, wine, telecommunications like TV, cable, and broadcasting, and even software and “cloud” data storage.

https://www.export.gov/article?id=Canada-Import-Tariffs

In contrast, there are very few barriers to trade with Mexico.

(Edited to add the link to information on Mexico.)

The Day That Justice Died

Where is the freedom or justice in raiding the attorney/client privilege? Not just the offices and homes of a lawyer, but documents that most of us thought were protected by an all-but-inviolable privilege?

Supposedly, Cohen lied to his bankers about why he wanted a loan. Was it by comission or omission???Is it a Federal offence to not fully disclose why you want to go into debt?

Stormy Daniels threatened (black-mailed) to make accusations about Trump immediately before the 2016 election, got money and signed a contract, now wants to reneg (she pretty much has) on her contract, but the one who paid the money is the one who is being investigated/harrassed.

Why aren’t the Trump people demanding the same deals Hillary’s people got: immunity and non-disclosure agreements before sitting down with the FBI?

When were any of the Clinton lawyers or aides’ homes or offices raided?

Trump wasn’t my first, second or third choice in the Republican Primary of 2016.  And I’ve already mourned the death of the rule of law, back when Comey killed it.  But I agree with the President: this looks like a witch hunt.

Response to criticism about Texas Advance Directive Act

I’ve been having a long Facebook discussion with representatives of organizations, people who claim that I support coercion and killing patients because I defend the Texas Advance Directives Act, 166.0046. (TADA).

I want to respond as fully as I can. ( I’m bandwidth deprived today and will gradually add more links when I reach better signals. See here, here, and here for more explanations from earlier WingRight posts. Links to the law, the press, and previous blog posts by others can be found in those articles.)

It

(Edited 03/11/18 for typos, to add a link, and to clarify points originally made on Facebook in a long debate. BBN)

Disappointed by BVI Immigration 

A month ago, one week after Irma,  I came into Beef Island as volunteer doctor with a small medical relief group on a charter plane.   I was only given a visa for 30 days, even though I explained that I have a Non-Belonger Land Holder License (NBLHL), but didn’t have it with me when I canceled the rest of our vacation in Europe. 

Today I went to the government offices in Spanish Town with my NBLHL and was refused a visa extension until I could produce a return ticket. The officer informed me that the NBLHL only allowed me 6 months “per annum” and proceeded to examine my passport, as though to check how long I had been present in the Country this year. 

(I had to go up to Flow to get a good signal in order to buy the ticket online. I returned to find the officer leaving for lunch 15 minutes before noon.)

When I came in on September 14, there was no demand for a return ticket. At the time, there was a perceived shortage of doctors and we believed I would need to be self-sufficient for food and water as I wouldn’t have access to power or running water. The prisoners and looters were still at large. 

Thank goodness, nothing was quite as bad as we feared:  The British military had arrived by then; the wonderful people at Nanny Cay took great care of me and the rest of the group and we arrived the first day that Nanny Cay was able to turn on their desalination plant /water maker for a few hours.  

The medical need on Tortola was already improving enough that I was able to come to Virgin Gorda just 4 days later. Although they don’t need me either, I’ve been working at the clinic in Spanish Town at least two days a week ever since. I don’t want a job and don’t need the experience, but feel that I made a contract that I must keep. I also want the docs, nurses, and staff to know me if one of the feared medical crises does arise. 

BTW, That NBLHL I mentioned “authorizes”  immigration “to grant leave to land for a period not exceeding six months…” Not “per annum,” and there is no mention of a return ticket six months in advance. 

Larry and I have also applied for a “permit to reside”  which required the same documentation that we submitted –  and resubmitted after it was lost – for our NBLHL:  letters from law enforcement and character references, and financial statements. We were required to leave the Country while it was processed, but have been informed that it  languished in the Immigration department without action from 5 July to September 4 –  2 months before Hurricane Irma – and that it is most likely lost and will need to be resubmitted. 

If you saw my post last week, you’ll recall that when Larry was finally able to come to the BVI 3 weeks after I did, he was required to pay duty or produce receipts at Beef Island Customs on the 

(I had to go up to Flow to get a good signal in order to buy the ticket online. I returned to find Ms. Smith leaving for lunch 15 minutes before noon.)

When I came in on September 14, there was no demand for a return ticket. At the time, there was a perceived shortage of doctors and we believed I would need to be self-sufficient for food and water as I wouldn’t have access to power or running water. The prisoners and looters were still at large.

Thank goodness, nothing was quite as bad as we feared: The British military had arrived by then; the wonderful people at Nanny Cay took great care of me and the rest of the group and we arrived the first day that Nanny Cay was able to turn on their desalination plant /water maker for a few hours.

The medical need on Tortola was already improving enough that I was able to come to Virgin Gorda just 4 days later. Although they don’t need me either, I’ve been working at the clinic in Spanish Town at least two days a week ever since. I don’t want a job and don’t need the experience, but feel that I made a contract that I must keep. I also want the docs, nurses, and staff to know me if one of the feared medical crises does arise.

BTW, That NBLHL I mentioned “authorizes” immigration “to grant leave to land for a period not exceeding six months…” Not “per annum,” and there is no mention of a return ticket six months in advance.

Larry and I have also applied for a “permit to reside” which required the same documentation that we submitted – and resubmitted after it was lost – for our NBLHL: letters from law enforcement and character references, and financial statements. We were required to leave the Country while it was processed, but have been informed that it languished in the Immigration department without action from 5 July to September 4 – 2 months before Hurricane Irma – and that it is most likely lost and will need to be resubmitted.

If you saw my post last week, you’ll recall that when Larry was finally able to come to the BVI 3 weeks after I did, he was required to pay duty or produce receipts at Beef Island Customs on the items (water filters, etc.) he brought, in spite of the moratorium.

Beyond investing in our home at Nail Bay on Virgin Gorda, Larry and I have done what we could to assist physically and financially in the BVI recovery after Irma. I’m not as enthusiastic about residency as I was in June or even a month ago, and do not feel at all welcomed by the BVI.

Personhood “TBD” 

“To Be Determined,” or the Schrodingder’s cat* version of human rights.

Does the possession of inalienable human rights depend on unknown future facts? Can the moral worth of a human being be determined by the actions of another human being – or by fate, the available and utilized medical technology?

Sherif Girgis discusses the theory of Princeton philosopher, Elizabeth Harman, in today’s Public Discourse. The professor’s view that abortion is – or may be – a neutral act has been the subject of discussion since she appeared in the YouTube video, Philosophy Time, produced by actor James Franco and Eliot Michaelson.

Besides the obvious problems pointed out by Girgis of defining “consciousness” and the TBD “kind” of a human fetus, there are other problems.

First, any concept of “inalienable” human rights would need to be discarded. There goes the Declaration of Independence and the basis of the United States Constitution.

In addition, Professor Harman’s theory would presumably allow the use of bodies of the human species for the benefit of humans with “moral worth,” as long as those bodies are never allowed to become conscious. This is the current practice of researchers using embryos, including those created for the purpose of manipulation and destruction.

But there’s nothing in this philosophy to prevent the intentional manipulation of a human body for research or to benefit others, as long as the body is never allowed to develop consciousness. Continual sedation or mutilation of the brain from the beginning – before consciousness – would prevent the development or acquisition of moral worth and rights.

In the process, “human” rights would cease to exist. The actions of others, laws and location and the potential use of technology would finally determine who is human enough to possess the right not to be killed. (Forget the right not to be “enslaved.”

What happens if (as Girgis proposes) the abortion itself is aborted or fails? Or if the brain isn’t damaged sufficiently to prevent consciousness?

Forget about opening the box: don’t put humans in there in the first place.

*I saw this analogy on a Facebook thread, but thought the same thought before I stole it.

Edited to correct my misspelling of Dr. Harman’s name.

Health Insurance Choice Is Bad?

Health insurance choice is bad?

The San Antonio Express News picked up a Washington Post op ed on those big, bad Republican plans to repeal Obamacare. Originally titled, “The reason Republican Republican health-care plans are doomed to fail,” by the editorial board that declared, “There’s no way to replace Planned Parenthood.”

And it’s bunk, even as prudently renamed and appropriately filed in the Opinion section.

What we are *actually *seeing *today is that costs are rising and insurers are withdrawing from States. Choices are certainly limited if there’s only one insurance company on the exchange and routine screening costs are “free” — But the care for treatment discovered at screenings is subject to high deductibles.

Limited coverage plans with major medical for extraordinary costs – rather than a wish list covered with other people’s money from first dollar – encourages personal responsibility and will cut costs. It would also allow people to own their insurance, rather than have it controlled and limited by current employers.

Science vs. Philosophy

R(obin) Alta Charo has once again been given a platform in the New England Journal of Medicine.

Poor Robin. She conflates ethics and philosophy with science. Although observing what “is” can lead to insight about which actions and manipulation lead to harm and which improve individual and group well-being, Science cannot prove or disprove philosophy, or determine what we “ought” to do.

Ms. Charo continues her career-long advocacy for elective, interventional abortion and against the inalienable human right not to be killed – all in spite of her assertion that she has no conflicts of interest in this essay. By declaring that Trump Administration appointees “embrace alternative science,” Robin makes her own gross scientific error. In addition to confusing “science” and philosophy, she bases much of her objection on an emphasis on “established pregnancies” and ignores the existence of the human embryo after fertilization but before implantation.

The very odd complaint about definitions of gestational age assumes that time varies according to when we start counting days.

Some state legislatures have tried to redefine pregnancy dating, shifting from the standard measure of time since last menses to time since probable fertilization. Such a definition falsely enhances the viability statistics for lower gestational ages and helps to bolster arguments for 20-week limits on abortion rights.

Again: Science is about what 《is,》 while ethics ought to be, not about true  《oughts.》

“Different” (Transgender at 4?)

The TexasGOPVote website chronicles the complaint by a “Conservative, Christian” mom  that her male to female (supposedly) transgender 6 year old shouldn’t be treated differently. I agree with the underlying sentiment that it is not the child’s fault.

The child is treated differently – by parents, peers, school nurses, and any educator, doctor or other professional or official who is complicit with this abuse of a 6 year old child – because the child *is* different. Medicine, physics, and the rest of the observable, measurable and verifiable universe don’t change because a child declares that cold is hot, up is down or boys don’t feel like “she” feels (at the highly experienced age of 6). 

It is disturbing to read about the apparent mistreatment of depression that this mother describes in her earlier blog. So disturbing that I’m inclined to ignore – or at least put off to another post – commenting on the stereotype in the description of “girly girl, Kai, in pink and sparkles” or of  the suggestion in mom’s earlier blog about Joseph as “gay” (at 2!)  for displaying supposedly “flamboyantly feminine mannerisms and love for all things girly.” 

How could anyone so misinterpret the repeatedly voiced desire of a 4 year old to be taken away to heaven because another 4 year old said her father called him a freak as equivalent to hating hair cuts ( or more “feminine mannerisms“)? How can she compare her “secret” research with the proper treatment her son needed?

Unfortunately, a 6 year old claiming to be transgender is different because he or she has had his or her perceptions of the world colored by the same adults who would not allow a child they loved to play with fire or jump off the highest point of the school building. 

The fact is that genetic and phenotypically female girls will always be “different” from Joseph. From the first penetration of the zona pellucida by a sperm bearing a Y chromosome, to the differentiation of the Wolffian duct, to the first time he urinated over someone’s shoulder into the air after birth, Joseph has been a male. Stereotypes aside, he will remain a male, however he acts or is medically or surgically manipulated. The genetic and phenotypical reality of his body will always affect any future medical or surgical treatment.

Hopefully, no one will be complicit with medical or surgical castration or other mutilation until this child is legally competent to consent. In that case,  his body will still be phenotypically male, entering puberty, when he enters middle school, whether as as Joseph or Kai. Now, that will be a  “difference” evident to all the girls, including the ones who have never seen male genitals. 

It will be very evident to the survivors ​of sexual abuse. Hopefully, they called the police after they were abused.

Contrary to the claim in the blog,  Lt. Governor Patrick and the “Bathroom Bill” didn’t start the trans debate.  School districts in Texas were changing policies, entire cities have passed ordinances, and the last President issued an Executive Order that threatened Federal education dollars. 

And preditors are taking advantage of the increased access available due to the transgender debate: men like Paul Witherspoon, Levandus Gacutan, Christopher Hambrook, Richard Rodriquez, Jason Pomare, Sean Patrick Smith, or the many unnamed men who have been not reported to the police when they enter previously gender-segregated areas like poolside changing rooms, shower rooms or gym locker rooms. (I’ll let you research those names.)

Thanks to “Conservative, Christian” mom, the world is being misrepresented to other children who are encouraged to consider pathological behavior as not “different.” Because of “feelings” the rest of us are repeatedly told to ignore the difference –  and observable,  measurable, and verifiable facts. 

And this specific child is being abused. 

Beverly B Nuckols, MD. 

Equal, but special

A Facebook friend, Michael Smith, made an excellent comment about the contrast between “separate but equal,” and “equal, but special.”

I spent some time yesterday at the Texas State Capitol Reagan Building discussing House Bill 2899 by Simmons, which would prohibit local governments and other regulatory authorities from creating a new “order, ordinance, or other measure to protect a class of persons from discrimination; to reduce or expand a class of persons protected under state law from discrimination.”

The consensus of a group of people waiting for the House State Affairs Committee to begin was that the Bill is a thinly veiled “attack” on the LGBT community and transgender persons in particular. The comment that made me go into my Don Quixote tilting windmills mode was about just wanting to “peeing in peace” and the false claims of fears for safety of women and children.

I pointed out that that it is reasonable for women to have fear when confronting a man in a closed space and that we all expected privacy and security in bathrooms, locker rooms and other public places where people disrobe. (Yes, I used the term “disrobe.” And “intimate spaces.” I’m a nerd.)

I was told that I was speaking from “privilege” (!) for my example of caution when entering an elevator with a strange man and objecting to the stereotype that the brains of men and women are different and the assertion that men and women simply think differently. I heard that segregation of the sexes in public bathrooms is a new phenomenon and that the Roman baths, such as those in Pompeii were completely different matters, mainly due to the religion of the time.  And of course, several of the group told of the danger of violence against gays or trans but that there has never been any crime against other people by transgender person

Two of the people claimed to be transitioned from male to female. While demanding “respect,” they told stories of having coworkers fired for refusing to use their preferred pronouns. and engaged in very real “hate speech,” mocking and assigning hateful motives and emotions to me. The same person who pointed out that little boys can be molested in men’s bathrooms then said that *I* was the one who must obviously consider anyone with a penis a predator.

The group was secure in the belief that the fears of violence and abuse of the LGBT community outweigh not only the fears of victims of sexual abuse or parents of children and thousands of years of social norms.

Cities, but claiming to write non-discrimination ordinances create environments where some people are “equal, but special” – or a specially protected class of persons. George Orwell put it another way: “Some animals are more equal than others.”

Law makers to doctors: “Keep the patient alive” 

If only we doctors – or legislators, lawyers and probate judges – really had the power to “keep the patient alive” as this article claims two new Bills  (  HB 4090 & SB 1213) in front of the Texas Legislature will (force doctors to) do. 

The article is misleading in its claim that a committee or a hospital decides whether or not a therapy is given: Texas doctors practice medicine in Texas. Even the Bills make it clear that the “attending physician” makes the decision whether or not to follow the patient’s (or more likely, the surrogates’) medical request.

We – Texas doctors, hospitals, and legislators – have tried repeatedly over the last decade to amend the law, Texas’ Advance Directive Act,   to increase the time frame. Last Session, we helped to ensure that food and water can’t be withheld. The lawyers and those who would have Estate (probate) judges involved in every dispute – even at the bedside of the dying – have blocked effort after effort because the Bills did not include liability for the doctor. 
These Bills are just the camel’s nose under the tent of Texas’s tort reform. Worse yet, we’d end up with medical expert testifying against medical expert in court, with the judge eventually telling the doctor how to practice medicine. It would also severe the “ethicists” who actively seek to undermine conscience protections for health care professionals.
If you’ll notice, the Bills also remove the requirement for the patient to pay for any transfer, too. I don’t suppose that the tort lawyers ​will pay for the ambulance or plane ride.

Do you want Texas law to force doctors to practice against our consciences​? 

How long and how far should any man or woman be forced by law to act against his or her will?

​Would you like to refuse?

Shocking Bill from Texas’ Jason Villaba, Republican State Representative from Dallas’ District 114 :  HB 1938 would make organ donation after death “opt out” for anyone applying for a driver’s license in Texas.

Texas would be the first State to pass such a law.

Organ donation is a public good for those who wish to do so. However, there is no ethical or legal precedent for treating human bodies – living or dead – as public property or commodities.

From the Bill as introduced:

(2)  for an applicant who is 18 years of age or older:
	(A)  specifically ask each applicant the
	question, “Would you like to refuse to join the organ donor
	registry?” and state, “If you answer ‘no’ to the previous question
	or do not answer the previous question, you consent to join the
	organ donor registry by performing either of those actions.”; and
	(B)  if the applicant does not affirmatively
	refuse to be included in the registry under Paragraph (A), provide
	the person’s name, date of birth, driver’s license number, most
	recent address, and other information needed for identification
	purposes at the time of donation to the nonprofit organization
	contracted to maintain the statewide donor registry under Section
	692A.020, Health and Safety Code, for inclusion in the registry.

http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB01938I.htm

More Fake News (5 year old handcuffed – NOT)

The Baltimore Sun is one of the online news sites I read because it’s more reliable than others. Usually.
Now, they’ve published an opinion piece with a falsehood about “inhumane acts” that were supposedly the result of President Trump’s Executive Order on travel to the United States from certai countries. At less one of those stories was easily debunked with a quick news search.

The story that a 5 year old boy was handcuffed is at false, according to a news report by WUSA9, from Washington, DC:

We tracked down the actual photo to a controversy in Kentucky involving sheriff’s deputies handcuffing young students with learning disabilities, back in 2015.

Another story going around is that a 5 year old Syrian girl was hand-cuffed by Immigration, also at Dulles. 

The anything-but-right-wing Snopes has already published a denial about the little girl. (Of course, the verdict is, “Mixture,” rather than,”False.” Can’t go risk validating anything that might have resulted from the Trump EO, I guess.)

In this case, the father even said the airport officials were kind to the family.

All of which confirms that we need to do our own research and seek out”alternative” sources to confirm or deny “facts” reported in the news.

National Security Letters

​While we were distracted by whether Kellyanne Conway was “lying” about “alternative facts” and how mean Bannon and Spicer are, the FBI quietly lifted the gag order on National Security Letters issued by them during the previous Administration.

Now, I’m not a lawyer, so the following is a lay explanation.

These “Letters” are in fact, subpoenas issued by a government agency. They don’t require a judge or FISA Court review or warrant. 

Get this: the laws authorizing the NSLs are called “Patriot” and ” Privacy” Acts and the gag order provisions have been vetted by the Ninth Circuit of Appeals:

However, the government appealed to the Ninth Circuit Court of Appeals, which vacated her ruling and sent the case back to the district court. Last month that court ruled that the gag order challenge was no longer relevant because the USA Freedom Act had successfully addressed the issue of gag orders. 

Google, Twitter, Facebook, and others reported the release from the gag order during the last couple of months. Yahoo, along with the others, has been fighting in court and some of the Letters have been disclosed to the targets:

Over the past several years, Google challenged 19 NSLs in court and last year won the right to tell WikiLeaks employees that their data had been requested.

I sincerely thought that all of these sorts of subpoenas were required to eventually go through approval of a FISA Court judge. Hopefully, the Trump Administration will not continue the Obama Administration’s abuse of these Letters and that Congress will correct the law.

Don’t regulate plants!

​Ridiculous! It’s a plant. Which literally grows like a weed – or house plant – and doesn’t require manufacturing or processing to use. What business does government have in outlawing a plant?

Marijuana laws are in the news in Texas, once again. I hear and read plans to make money from taxes and autocratic demands to”protect” people from the plants. The same Republicans who demand legalization of the sale of raw milk and think gambling dollars should stay in the State argue against any decriminalization of marijuana.

Even if you don’t have sympathy for the thousands  jailed for use while the plant is illegal, the raids on gardens, seizures of farms or the arrests of people because owners are suspected of growing illegal *plants* should make you consider the harm from draconian narcotics laws. 

In fact, my trouble getting poppy seeds for the hard, back in the’90’s is what changed my mind about these laws. The Clinton Administration was arresting people for selling seeds and dried pods used in crafts:

“Somniferum is the only poppy species mentioned in the federal Controlled Substances Act of 1970, where it is listed as a Schedule II drug, the same as cocaine. The entire poppy plant, not just the opium that oozes from its green seedpod, is considered contraband.

“But the law specifically exempts somniferum seeds, those blue-gray dots you find on your bagel. So chew on this: Seed companies can legally sell opium-poppy seeds, but gardeners who buy those seeds break the law by planting them.

Republicans are advocates of personal responsibility and remind others about the words in the Declaration of Independence. We should know that legitimate laws are intended to protect us from the infringement of inalienable rights by third parties — and the government. Laws are not meant to protect us from ourselves.

In a liberty-minded, Republican-controlled State and Nation, there shouldn’t be any laws against growing seeds from your grandmother’s heritage poppies or your new neighbors’ marijuana plants.

Addendum: a 1992 article about poppies at Thomas Jefferson’s Monticello:

“Thomas Jefferson planted white opium poppies at Monticello. They grew in the historic garden near Charlottesville, Va., until last June, when they were yanked up.

****

“The center even sold the seeds. Until its governing board — “which has a mania for being legal,” Mr. Fitzpatrick said — decided to press the issue.”

Pay attention: it’s policy, not bias

The consensus of media pundits and bloggers, as well as quite a few liberal and even Conservative op-ed authors, is that Donald J.Trump was elected President out of some misguided national populism and anger at Congress, fueled with a lot of racism, misogyny and hate. The fact that those same voters elected a Republican majority in the House and Senate  – sending virtually every eligible Republican incumbent back to DC – is glossed over.

The idea that Conservatives really believe in small government and equal opportunity supported by personal responsibility is rarely voiced. That we might actually vote, not only for President but consistently down ballot, in order to defend the Bill of Rights and the right to life is ignored while we are accused of xeno-, homo-, and poly-whatever-phobia. I read that I am “afraid” of other lifestyles, religions, and losing my “privilege” based on being a White Christian.

Personally, I approve of most of the Republican Platform, especially where it addresses core Conservative issues, such as low taxes and equal treatment under the law. I want a Legislature that will uphold the Constitution as it’s written and defend against the infringement of inalienable rights. I don’t want activist judges nominated or confirmed at any level of the Federal Court system, especially the Supreme Court. I hope President Trump and the Republican Congress majority will decrease the hassle factors and threats placed on the practice of medicine and business in general by an overreaching Federal bureaucracy.

And, yes, my sense of fairness hopes that our existing immigration laws will finally be enforced, as an outcome of the”equal treatment under the law.”

Instead of facile clichés fed by cherry-picked sound bites and the latest talking points from the Left, try looking at and listening to the 59 Million voters across the country who elected a Republican candidate for President, and ensured a Republican majority including all those “establishment” candidates in both the House and Senate. 

It’s the Republican platform and Conservative policy that we Conservatives voted for, not one man.

The day the Rule of Law died 

November 6, 2016 – a Sunday afternoon – FBI Director Comey announced that his agency’s investigation of Hillary Clinton’s selfie-server is closed, still without recommendation to charge the former Secretary of State. He destroyed any confidence that the United States is a nation of laws.

From the New York Post:

” From within the SCIF, Santos — who had no clearance — “collected documents from the secure facsimile machine for Clinton,” the FBI notes revealed.:

“Just how sensitive were the papers Santos presumably handled? The FBI noted Clinton periodically received the Presidential Daily Brief — a top-secret document prepared by the CIA and other US intelligence agencies — via the secure fax.”

Among the FBI notes on their investigation into those once-deleted emails from Clinton’s selfie-server were some indicating that Clinton regularly required her Washington, DC maid to print out official State Department documents, including classified information.

That’s right: her maid, a woman without any security clearance at all.

Again, while these emails and the access by the maid present new information to most of us, the FBI knew that they existed and that they were among the 30,000+ emails that were deleted *after* Congress had served Clinton with a subpoena.

We can assume that the emails had been marked as personal by the (again, no-security-clearance-) lawyers to whom Clinton delegated the task of dividing the contents of the selfie-server into those that were not and those that were State Department business.  Clinton claimed that neither group of emails contained classified documents, so she saw nothing wrong with turning over a memory stick containing the emails to the lawyers.

Media Matters covered the maid stories. The point that they made was strictly on Conservative bias and the timing of when the classified emails became classified. There was no coverage about the President’s morning briefing from intelligence sources or on the illegality of giving access to the SCIF. There was certainly no insight into the fact that the documents could later be determined to be classified is the EXACT reason that a person without the appropriate clearance should not be given access!

I’m disgusted. I’m angry. I want to commit felonies of my own – felonies yet to be determined, but of my choice and according to my own schedule.

But since I do believe in the Rule of Law and its benefits, I want to know what my Senators Cruz and Cornyn and my Congressman Lamar Smith intend to do clean house in the Federal  government.

And I don’t mean, “with, like a cloth.”

(Edited @ 7:05 PM on November 7, to add comments on Media Matters and to correct the cloth comment. BBN)

Obama’s Abortion Cronyism 

Obama’s new Health and Human Services regulations will prohibit consideration of whether a provider does abortions – or sells body parts – or not.

Kansas and Texas, among other States, attempted to prioritize their limited tax dollars, preferring to steer money – and patients – toward continuing and comprehensive caregivers – primary care providers- over  reproductive health “boutiques:”

When PP sued, they lost. But Obama arbitrarily stripped the State’s Title X funds and gave the money to PP, anyway.

The “most transparent Administration ever” went further:

 In New Hampshire, the administration even refused to disclose information about its direct Planned Parenthood grant, claiming disclosure would harm the nonprofit’s “competitive position.”””

What competition??? That’s pure cronyism and blatant support of the Democrat’s  – and Obama’s – pro-abortion political ideology.

Edited 11/12/16: misspelling of Services in first sentence BBB

Lawlessness for All (A Modest Proposal)

​​Tell me why I should believe that  “Latinos” are a big homeogeneous blob who don’t care about anything else except immigration, including law and order?  

The news yesterday was full of “Latinos” declaring that they have turned away from voting for Donald Trump after his speech on immigration in Phoenix. 

These people on the “news channels” and social networks claimed that an entire group of people, all lumped together because of who their parents are or what language they speak, are of the same mindset, and will vote as a block to ensure that some people – dare I say “their people” –  are treated differently under the law from everyone else 

There’s no justice  in ignoring the law. On the contrary, inconsistent enforcement of the law is injustice:  it infringes on everyone’s rights. Everyone’s liberty is placed at risk by inconsistent enforcement at the whim of whoever has the biggest gun, the most votes or the latest appointees to the US Distric Attorneys offices and Federal Courts.  Whoever has power gets to decide which of us is “more equal.”

Illegal aliens have at least committed a misdemeanor for the first offense. If they’re working, they are probably using false Social Security numbers, possibly committing  identity theft –  not a victimless crime, even if you believe the reports that illegal aliens contribute more than they cost society.

So, here’s my “Modest Proposal,” with apologies to Vicar Swift.

If you think we should just let illegal aliens hide out for 10 years, then self-report (yeah, sure) , sign up for fines and an English as a Second Language class,  how about treating every equivalent infringement the same?

Let us each pick our own tort or crime, to be determined at our convenience. Give everyone a year or 10 – after the fact – to self-report, pay a fine, take a class  and go on.

Start with other cases of identity theft, then move on to Federal offenses like voter fraud, money laundering, Medicare and Medicaid fraud and abuse, on to failure to pay the IRS, bank fraud, embezzlement.

After all, it’s only fair.

Trump can’t run 3rd Party in Texas?

Read the Texas Secretary of State information page on Presidential candidates, here. (http://www.sos.state.tx.us/elections/candidates/guide/president.shtml )

I’m not a lawyer, but it appears to me that Texas election laws will prevent Trump from placing his name on the ballot as a 3rd Party candidate in 2016.

Any lawyers disagree?

New Braunfels Resident’s River Pass Isn’t “Free”

New Braunfels residents will get to join the crowds gathering along the Comal River every single summer holiday or weekend day, if we want to play in our rivers. (Which are actually State owned rivers.)

Our New Braunfels City Council not only promoted the ancient tradition of queuing up, they made sure we do so while visiting our Parks more often, too!

Even residents who live on the rivers and/or will only be on the Guadalupe will find themselves in Hinman or Prince Solms in order to use their “free” Pass to obtain wrist bands each and every single day if you enter or exit either the Comal or Guadalupe by City land with your tube, kayak or canoe. (noodle, life jacket, snorkel or scuba gear, too?)

Here’s the City Council ordinance info:

Between Memorial Day and Labor Day of each year, all persons in possession of water oriented recreational equipment on the premises known as the City Tube Chute, Prince Solms Park, Hinman Island Park or using public exits on the Comal or Guadalupe Rivers, must be wearing a city-issued wristband. ( http://www.nbtexas.org/DocumentCenter/View/7497)

From the nbtexas.org River Pass page:

Residents

New Braunfels Residents, who reside inside the corporate city limits, can receive a Resident River Pass at no charge to avoid paying the River Management Fee.

Then take your Resident River Season Pass (or your purchased Resident Swim Pass or Resident Family Swim Pass) to one of the three booths set up at Hinman Island Park and Prince Solms Park, or to a River Outfitter, to obtain your free wristband when you tube on Saturdays, Sundays and holidays between Memorial Day weekend through Labor Day.

AND:

Note: If you are resident using private property to enter or exit the river while tubing, but will still utilize public land to get on or off of the river, you will need a wristband to be in compliance with the ordinance. ( http://www.nbtexas.org/riverpass)

Won’t the “last exit” be fun this year?

Just in case you were wondering who and what the “Municipal Code” covers:

Public river exit means Cypress Bend Park, Lincoln Street River Exit, Garden Street River Exit, Hinman Island Park, City Tube Chute and any other City-owned right-of-way or property with frontage on the Comal or Guadalupe Rivers currently not leased to another entity.

Water-oriented recreational equipment means tubes, kayaks, rafts, canoes and all other forms of personal watercraft.

There are going to be three (3) (Yes, 3!) booths where these wrist bands can be obtained.  The 3 booths will be at Hinman Island and Prince Solms Park – none at the City limits or parks along the Guadalupe.

Won’t we all have fun getting to know our neighbors and the visitors to our City as we all line up in front of these three booths on Saturday mornings? After finding parking?

Here’s an idea: The bands may also be obtained from a River Outfitter. Maybe the Outfitters will deliver the wrist bands to our New Braunfels residences?

The City Council and Mayor can be reached, here.  http://www.nbtexas.org/index.aspx?nid=298

You can call 830-221-4000 to try to get more information from the City of New Braunfels. Good luck!

Human rights for this class of persons?

How human is human enough for human rights?

Justice Taney on slavery, in the ruling on the Dred Scott case:
“”

The question before us is, whether the class of persons described in the plea in abatement [people of Aftican ancestry] compose a portion of this people, and are constituent members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word “citizens” in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them. “

Nevertheless,  today’s Supreme Court hearing didn’t deal with the question of whether the zygote/embryo /fetus is human enough. It dealt with the regulations for abortion businesses and the doctors who work for them. These are essentially the same rules imposed on Federally Qualified Healthcare Centers.

Doctors must offer continuing care and the buildings should allow safe egress and sanitary standards of care.  The challenge is against State protections for the women who have chosen abortion.

Posted from WordPress for Android. Typos will be corrected!