Philosophy

Another kind of lawyer joke

“[T]he doctor/bioethics committee thinks the patient should die.” Wesley J. Smith, Esq., Texas Senate Health and Human Services Committee, 4/10/2019 LifeNews.com

Wesley Smith is a rarity among the many lawyers who chased bioethics to the bedside late in the last century: he actually believes in the sanctity of human life and in the right of conscience. I’ve attended and reported on his debates and encounters with proponents of intentional euthanasia. And even happily defended him.

Unfortunately, Lawyer Smith was not above spinning the truth this month when he came from California to once again misrepresent the Texas Advance Directive Act (“TADA,” “the Act,” or “166.___”), an attempt to balance conflicting rights when doctors disagree with a patient or his surrogates about actual medical procedures and treatments that the doctor believes harms the patient.

On April 10, 2019 Mr. Smith gave invited testimony to the Senate Health and Human Services Committee in favor of SB 2089 (Hughes) and
SB 2129 (Creighton). LifeNews.com published part of his testimony online, under the title, “Texas Rule Allows Hospitals to Essentially Euthananize Patients After a 10-Day Notification.”

Mr. Smith doesn’t just contradict multiple Supreme Court rulings since Cruzan (1990) affirming that withholding or withdrawing treatment is not equivalent to euthanasia. Paradoxically, he echoes arguments that anti-conscience activists use to justify abortion on demand, Physician Assisted Suicide and intentional euthanasia by a third party by claiming that the principle of autonomy supercedes “First, do no harm,” or non-malevelence, and the right to conscience.

(You can watch all of Part I and Part II of the April 10, 2019 Health and Human Services Committee meeting addressing SB 2089 by Senator Bryan Hughes and SB 2129 by Senator Brandon Creighton online. Part I includes Mr. Smith’s testimony beginning at 33:00/1:01:10.)

We’ll skip Mr. Smith’s assertion that there is a right to force others to provide everyone medical care in general, not just in emergencies or at the end of life. I’ve covered these assertions and his attacks on the Texas Conference of Catholic Bishops I’m, back in 2007.

Today, let’s just look at his spin on the current version of TADA.

Lawyer Smith uses emotionally weighted terms that aren’t in TADA, such as, “life-extending,” “futile care,” “permitting the institution to force its will on patients and families,” “invidious discrimination,” and “inappropriate care.” He contrasts patient’s “rights” with doctor’s “values,” and is the first that day to raise the specter of doctors willing to kill when patients are “expensive.” And, reflected in the LifeNews.com headline, Mr. Smith flatly says that TADA allows euthanasia – intentional acts to kill patients – equivalent to the administration of injections or medications that he wrote about this week.

As I’ve stated so many times in past WingRight.org and LifeEthics.org posts, TADA doesn’t allow us to remove or withhold care for patients, only treatments that are “medically inappropriate.” There are no futile patients, only futile treatments that cause harm to the patient over and over, without any expectation of reversing organ failure after organ failure.

Mr. Smith also ignores the multiple attempts by the medical and pro-life community and Legislature to improve the law’s timeframe and communication, much as Senator Creighton’s Bill. One example from 2007, SB 439 by Senator Bob Deuell, would have required written notice and an offer of a private ethics consult to take place at least seven days before the hospital committee meeting. That Bill had a schedule for giving the patient or surrogates written information about the dispute process, copies of medical records, and lists of resources. The family would have been given access to the committee meeting, with their own advocates. When the committee agreed that the treatment requested was inappropriate, the family would have receive assistance in searching for7⅞ another doctor or facility for at least another 21 days. I believe that the Bill bogged down in the House because of opposition from Texas Right to Life to any Bill that did not include liability for doctors and the indefinite “treatment until transfer” in this year’s SB 2089.

In the last five minutes of the Part I video, another lawyer, Texas Right to Life General Council Emily Cook, gave us the best clue about the ultimate goal of her organization: “judicial review.”

Ms. Cook and Mr. Smith would have every one of these disputes settled by a Court. This is the Texas trial lawyers’ dream: a huge weapon against our State’s tort reform.

Today, the law specifically allows an appeal to a County probate judge when the Committee agrees with the doctor’s decision. SB 2129 allows a request for an injunction in any Court in the County, enabling “judge shopping.” Since it also prohibits the County from charging the patient or his surrogates any fees, the costs would fall solely on the County.

Ultimately, SB 2129 would make it much, much easier to sue the doctor and the hospital, moving Medical decision-making into the courtroom.

Most of the “stakeholders” for patient rights in Texas (including Texas Alliance for Life, Texas Baptist Christian Life Commission, Coalition of Texans With Disabilities, Texas Medical Association, Texas Hospital Association, Catholic Hospital Association, Texas Nurses Association, and the Texas Conference of Catholic Bishops and many others) oppose both of the Bills that Mr. Smith favored. Since SB 2129 would mandate that the County pick up any Court costs and that the judge make his ruling within five days, don’t be surprised if we hear objections from representatives of these parties, too.

So what’s the “joke?”

It could be the ridiculous notion that Lawyer Smith is a mind reader, able to discern the “invidious” motives for the “discrimination” he feels doctors and hospitals routinely practice:

“To fully comprehend the unjust nature of Texas law in this regard, realize that these “futile care” or “inappropriate care” decisions do not terminate treatment because it won’t work, but because it does. It is keeping the patient alive when the doctor/bioethics committee thinks the patient should die.” (Emphasis from LifeNews.com’s transcript.)

He repeatedly comments that physician’s decisions about medically appropriate treatment are subjective and that they (we) might “project their fears and their desires onto the patient” based on our “values,” rather than medical judgement based on repeated, at least once a day examination of the patient, reports by the nurses and staff and our education and experience.

The joke might be that Lawyer Smith volunteered that the indefinite, repeated evaluation and medical decision-making against the medical judgement of doctors would not be “slavery.” I would like to know what Lawyer Smith calls the legal requirement to use one’s body and brain to carry out actions, including writing orders for nurses and other medical staff, against your will.

It might be tragically funny to watch “judicial review” end up with the two sides hiring expert witnesses – doctors – to give the judge opposing views. There’s dark humor in the realization that ultimately the judge would order the original doctor to use her medical judgement to provide treatment – against her best medical judgement.

But the real joke is that “judicial review” risks the unintended consequence of decisions made by judges like the late t Judge George Greer, who Mr. Smith wrote about in this article.

Comments are closed. Please comment on my Facebook page.

Prenatal manslaughter?

Something to consider, from a question on Facebook about abolishing abortion and my discussionof the human rights of prenatal human beings:

“I read the article. It seems filled with potholes to extend personhood to an embryo. Would then a mother who, through negligence, caused death or damage to the embryo, say [by] falling down the stairs or drinking alcohol, be guilty of manslaughter?“

My answer:

The prenatal human is undoubtedly a member of our species, correct?

The risk of abusive prosecuters doesn’t negate the human right not to be killed or justify two classes of human beings, some with human rights, some not human-enough. It certainly doesn’t justify the current abortion on demand: New York’s abortion until birth or Vermont’s proposedconstitutional amendment that prenatal humans “shall not have independent rights under law.”

This is where there is a clear physiologic and philosophic difference between negligence after birth and before. There is no other human relationship equivalent to pregnancy and gestation. Before birth, she’s harming herself first, the child secondarily.

Just as some people had to learn to accept the full humanity of emancipated slaves, there will be a learning curve for the full humanity of the prenatal human. We can do better than Reconstruction and much better than Jim Crow.

There’s previous experience taking the unique relationship into consideration. We already deal with children harmed by alcohol abuse or born addicted to illegal drugs every day.

While there have been abuses, like the drug testing of mothers in South Carolina, it has been more productive to treat addiction than to prosecute as crimes.

*********

Please comment at my Beverly Nuckols Facebook page.

Immunologist denies Imunology (Vaccines)

Here’s a review and critique (with live links, by Skeptical Raptor) on one of the anti-vaxx advocates, an “immunologist” who exaggerated her credentials, makes her money through the big-money scam “Vaxxed,” and who wrote this ridiculous lie:

“”Immunology does not attempt to study and therefore cannot provide understanding of natural diseases and immunity that follows them.””

Banned by prolife website

I’ve sat on this for 4 days, hoping for a response to the questions I sent to 2 of the ‘co-founders” and an editor of the website. (They only use those online forms, so I can’t follow up by email.)

So far, no response from any of the 3.

I’m not going to link to the website, but the address is in the photo.

Unfortunately, the division in the Texas prolife community is deep. The article I attempted to comment on quotes – and disputes – an article I wrote for Texas Alliance for Life a few years ago.

All I wanted to say was that I hope the readers will read that article.

Praying for peace.

(BTW, that case ruling came down in favor of Houston’s Methodist Hospital and the Texas First Court of Appeals refused to declare the Texas Advance Directive Act unconstitutional.)

“KITTENS,” before humans

I didn’t believe the opinion article by Tony Perkins of the Family Research Council, that claimed that a Democrat who voted against last month’s S311, the “Born-Alive Abortion Survivors Protection Act,” had then submitted a Bill to prevent the euthanasia of kittens used in scientific research. I assumed it was a spoof or hyperbole.

KITTENS before babies

But no, a simple search proved that Oregon’s Dem Senator Merkley absolutely opposed the Act, even posting a press release and giving his reason in Twitter, @SenJeffMerkley

The Act would not have criminalized anyone. It would only reinforce and clarify the 2002 “Born Alive Infant Protection Act,” by requiring the doctor performing an abortion to provide the same care for a born infant who is unexpectantly delivered alive during a late term abortion that would be provided to any other child in the same circumstances.

The CDC estimates that about 150 babies are born alive during abortions, each year, while acknowledging that the estimate may be low.

Merkley came up with a cute name for his Bill: “Kittens in Traumatic Testing Ends Now.” It’s a shame he didn’t give as much thought to human babies.

“KITTENS,” before humans

I didn’t believe the opinion article by Tony Perkins of the Family Research Council, that claimed that a Democrat who voted against last month’s S311, the “Born-Alive Abortion Survivors Protection Act,” had then submitted a Bill to prevent the euthanasia of kittens used in scientific research. I assumed it was a spoof or hyperbole.

KITTENS before babies

But no, a simple search proved that Oregon’s Dem Senator Merkley absolutely opposed the Act, even posting a press release and giving his reason in Twitter, @SenJeffMerkley

The Act would not have criminalized anyone. It would only reinforce and clarify the 2002 “Born Alive Infant Protection Act,” by requiring the doctor performing an abortion to provide the same care for a born infant who is unexpectantly delivered alive during a late term abortion that would be provided to any other child in the same circumstances.

The CDC estimates that about 150 babies are born alive during abortions, each year, while acknowledging that the estimate may be low.

Merkley came up with a cute name for his Bill: “Kittens in Traumatic Testing Ends Now.” It’s a shame he didn’t give as much thought to human babies.

“KITTENS,” before humans

I didn’t believe the opinion article by Tony Perkins of the Family Research Council, that claimed that a Democrat who voted against last month’s S311, the “Born-Alive Abortion Survivors Protection Act,” had then submitted a Bill to prevent the euthanasia of kittens used in scientific research. I assumed it was a spoof or hyperbole.

KITTENS before babies

But no, a simple search proved that Oregon’s Dem Senator Merkley absolutely opposed the Act, even posting a press release and giving his reason in Twitter, @SenJeffMerkley

The Act would not have criminalized anyone. It would only reinforce and clarify the 2002 “Born Alive Infant Protection Act,” by requiring the doctor performing an abortion to provide the same care for a born infant who is unexpectantly delivered alive during a late term abortion that would be provided to any other child in the same circumstances.

The CDC estimates that about 150 babies are born alive during abortions, each year, while acknowledging that the estimate may be low.

Merkley came up with a cute name for his Bill: “Kittens in Traumatic Testing Ends Now.” It’s a shame he didn’t give as much thought to human babies.

Please comment on my “Beverly Nuckols” Facebook page.

Human rights =/= “Nature’s rights”

“For example, the 1776 American Declaration of Independence held that the rights to life, liberty, and the pursuit of happiness were self-evident. The 1789 French Declaration of the Rights of Man and of the Citizen announced that the purpose “of all political associations is the preservation of the natural and imprescriptible rights of man,” such as the right to liberty. These expressions of natural human rights provided a vocabulary for arguing that slavery and other rights violations were wrong. Following the devastating human rights violations of World War II, the United Nations adopted the Universal Declaration of Human Rights, recognizing the inherent dignity of all humans and a broad array of rights. Many of these rights are not yet a reality for many people, but the Declaration provides a moral blueprint for more-just societies.

“Rights-of-nature advocates posit that environmental devastation is a moral wrong that ought to be stopped. This claim is not grounded in scientific evidence but is no less valid than the assertion that harming humans is a moral wrong. Neither human rights nor nature rights can be demonstrated through a scientific process, but we can make inferences about what justice requires on the basis of what we know to be necessary for the flourishing of humans or of nature.”

Guardians with appropriate expertise could be appointed as representatives.

And when the “guardians” see Nature’s rights as conflicting with our children’s, how well will that work out?

Designer slaves

Brave New World is still in the future, but we have the technology to create betas and gammas, etc. And with potential laws that deny personhood or any rights at all under the law to the preborn, we have the legal climate.

The question is, do we have the social climate?

Tell me: Why not manipulate our offspring any way we want if they aren’t human-enough to possess human rights?

Let me know what you think on my “Beverly Nuckols” Facebook page!

Educate and edify!

WingRight.org’s motto is the subject of today’s post. I hope to convince you of the necessity of speaking up in order to “educate” and “edify” (build up and strengthen) our neighbors and fellow citizens. ( We won’t get into the “elect” or pure politics.)

“Make Orwell fiction again” (grievance studies)

How I wish society would heed this advice posted as a comment below Dr. Jordan Peterson’s video interview, “Interview with the grievance studies hoaxers,” with the authors of the “grievance studies” papers, Dr. Peter Borgossian, Dr. James Lindsay, and (self-described”lowly MA” ) Helen Pluckrose.

They ended up with seven papers accepted by various journals, four actually in print before the hoax became known. Many more were undergoing the peer review process.

Select Committee Green New Deal

Are you worthy of the oxygen you breathe, much less the carbon dioxide you exhale?

Well, let’s see what the new Dem Rep from New York has to say:

Select Committee for a Green New Deal
https://docs.google.com/document/d/1jxUzp9SZ6-VB-4wSm8sselVMsqWZrSrYpYC9slHKLzo/mobilebasic

How does MasterCard feeeeel about your buying, selling, eating and drinking – or breathing?

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.

Remembering Mama’s last lesson

“Mama’s last lesson was that we owe it to our loved ones to allow them to care for us, for their sakes.”

Mama taught me the best lessons in my life – all through our time together, even that last day. I hope I used what she taught me before Daddy and my mother-in-law, Connie, passed away. They reinforced Mama’s lessons about trusting God and His love, as well as learning through caring for others.

It’s the Christmas season, when many Christians remember the birth of the Baby Who truly cared and cares for us. I’m sure that our family isn’t the only one who is also remembering an anniversary of a loved one’s death – or learning new lessons about loving each other through caring for an elderly family member.

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Real-World Consequences of Inappropriate Behavior

In a column in the National Review today, “The Real-World Consequences of Submitting to the Transgender Zeitgeist,” Ben Shapiro writes about a man who effectively ran off a group of religious, conservative women who cancelled their membership at a “women only” gym after a transgendered MtF (a man who claims to be a woman) began using the gym and dressing room.

The women had frequented the gym out of modesty: they didn’t want to see half-baked men or be seen by men in their workout clothes.

Transgender First Principles

This weekend, the debate concerning the ethics of medical and surgical intervention for transgendered men and women, more properly called “gender dysphoria,” heated up again. The New York Times published an essay by a man who wishes to become a woman so much that he is about to undergo a 6 hour surgical procedure to fashion an artificial vagina, although the author admits that the surgery may not produce happiness and, indeed, will most certainly cause lifelong pain and the necessity of further intermittent, painful procedures.

In answer to my assertion (in an online private group) that transgender ideation is a pathology, a pediatrician said that I might as well claim that being black is a pathology.

While I’ve never heard of a black person seeking medical or psychological treatment to make his body more or less in concert with his race or body image ( or maybe I have..), there has to be some perception of a problem on the part of the transgendered person who seeks intervention.

Back in the’90’s, when I was in medical school, the definition included a lack of pleasure from the “wrong” genitalia. While it appears that this requirement for intervention has gone by the wayside, at the least, gender dysphoria makes leading their lives difficult. This seems to be a fair, if simplified, definition for “disorder.”

In addition, one of the early leaders in the development of surgical procedures for trans persons, Dr. Phil McHugh, agrees that transgender ideation is a “Pathogenic meme.”

The fact is that the treatments sought or offered are based on biologic sex and are essentially bimorphic: MtF (Male to Female), FtM (Female to Male). The treatments themselves are described as “feminizing” or ” masculinizing” – one or the other.

The incidence of transgender ideation in the US is less than 1% (probably about 0.5%), with as many as 80% of those who claim to be transgendered in childhood “desisted,” changing their minds at a later date, usually around puberty.

The known association with autism
and schizophrenia, along with the “clusters” of peer-group rapid and late onset, as well as the rate of reversals, suggest caution when it comes to treatment that might later be considered disfiguring and permanent.

The author of the NYT piece states that the traditional “First Principle” of medical ethics, “First, do no harm,” is only a way for doctors to be “little kings” who deny what patients “want,”

“”Nonmaleficence is a principle violated in its very observation. Its true purpose is not to shield patients from injury but to install the medical professional as a little kings of someone else’s body.””

If doctors truly forget the First Principle, what’s to stop us from “First, doing harm?” Who decides the “harm” in that case? Better hope we don’t give up our consciences.

Certainly, in this case, I would be one of those “little king” doctors who would not carry through on surgery, based on what appears to be atypical reaction to the cross-sex hormones.

Just as it’s malpractice to affirm the anorexic girl’s body image as correct and help her avoid food, it’s unethical to pretend that transgender ideation is normal or even something we can “affirm.”

Please comment on my Facebook page, Beverly Nuckols.

More on poor vs. wealthy

In their statements about income inequality, most people ignore what I covered yesterday: the measurements of poverty almost invariably are based on income, not true poverty as measured by actual resources and consumption.

They appear to be stating that the only reason the wealthy have money is because they steal from the poor. That’s not born out by the evidence on upward mobility.

“Our analysis of new administrative records on income shows that children entering the labor market today have the same chances of moving up in the income distribution relative to their parents as children born in the 1970s. Putting together our results with evidence from Hertz (2007) and Lee and Solon (2009) that intergenerational elasticities of income did not change significantly between the 1950 and 1970 birth cohorts, we conclude that rank-based measures of social mobility have remained remarkably stable over the second half of the twentieth century in the United States. In light of the findings in our companion paper on the geography of mobility (CHKS), the key issue is not that prospects for upward mobility are declining but rather that some regions of the U.S. persistently offer less mobility than most other developed countries.”

It turns out that research indicates that conservative cities not only grow faster than liberal cities, but have better chances of upward mobility.

That same Brookings Institute referred to yesterday has reported what it takes to become middle class by US standards: graduate high school, get married before having children, and get a job..

We know what encourages learning and successful education. It’s not only money, although the bulk of education dollars should go to the classroom rather than the administration. The extent of parental involvement and prioritizing education is number one, along with a belief in the importance of attendance.

I hope this information helps you the next time someone implies that the income inequality in the US is caused by the aggression of the wealthy.

American poor are middle class in world standards

I have so much to be thankful for this Thanksgiving Day. Unfortunately, there are people who think I should be ashamed instead.

So, in my geeky way, I did some research and found some information to have on hand the next time someone talks about the poor in the US.

Those poverty rates are based on income. SNAP, TANF, Section 8 vouchers,etc., aren’t counted as income. (You could add in our public education system, as well. If you believe it’s adequate.)

According to a report (in .pdf) by the Brookings Institute, using poverty measurements based on consumption or expenditures, those living under the poverty rate in the US would be considered middle class in the rest of the world.

“Even those reporting no income at all in the US have consumption possibilities roughly equal to those reporting incomes of $20 a day.”

Thankful for my wonderful husband, our shared faith in the Lord, our material blessings, and the Internet that enables my geekiness!

How the magic happens (Bret Weinstein)

Are there university meetings where white people are refused access to the provided food, drinks, and chairs? Do some professors refuse to teach “privileged” students?

Watch this evolutionary biologist  talk about the tactics and consequences of the “social justice” movement, especially as it’s playing out in universities. (Former) Professor Bret Weinstein, Ph.D., was forced out of a tenured position at Evergreen State University in Washington State because he ran afoul of the activists behind the College’s “equity” policies.

The idea that minority students are considered a traitor to their cause (equity for people of color,etc.) for studying science is alarming.

Here’s a link to Weinstein’s recommended political survey, “Political Compass.” Some other forms I’ve seen in the past (especially those published by Ron Paul libertarians) are more biased, in my opinion. On those, I’ve scored slightly authoritarian because I believe in National borders, the science about human embryonic development and prefer not to redefine marriage (at the level of social experiment on future generations of children who can’t consent).

Edit: Here is another discussion about the events leading up to Weinstein’s talk. BBN

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?

Open letter to RPT Convention delegates on censure

I am writing to ask you to vote against censure by the Convention of named Republican, elected, officials.

How often have we complained about the elites who get in power only to ignore us to follow their own agenda? How many of you are at the Convention because you got tired of the establishment working against you?

Well, guess what? If you make it to the State Convention, you’re the elite establishment! Don’t be that kind of elite establishment.

For the first time in years, I couldn’t participate in the 2018 Republican Party of Texas Convention process. I still follow your efforts and have read the resolutions submitted to the Platform Committee. One Senate District has submitted resolutions demanding that the RPT State Convention censure specific legislators.

I appreciate the work you’re doing this not just this week, but over the last few months. Having served as a Delegate to the Republican Party of Texas State Convention and on both the Platform and the Rules Committees, I know you have a week of long walks to simply get to your meeting rooms, heated discussions, long waits, and many re-votes, one after another. The Committees and sessions start early and go late. (Wear comfortable shoes and take snacks!)

Through all of this, please don’t forget that you are in San Antonio as the grass roots embodiment of our Nation’s representative democracy, our Republic. You are not simply individuals expressing your own will and opinion. You are there as representatives of your constituents: the Republican voters from your Counties, Congressional Districts, and Senate Districts.

In the same way that you expect legislators to represent their voters, your voters expect you to represent us.

While it may be appropriate for the local SD Convention to censure their own legislators, especially before the Primary or run-off, many people in our Party disagree. But now, these are elected candidates. I don’t believe that it’s appropriate for the State Convention to censure them in opposition to the local electorate’s wishes.

When the votes on censure of any Republican elected official comes up, please take a look at their constituents’ votes, especially in the last Primary. Did he or she win? Was it by a substantial margin? Was he or she unopposed in the Primary because no one even challenged them?

These men and women deserve your respect, just as President Donald Trump should be given the respect he deserves after being elected President. In the same way that it was wrong for Hillary to deride Republican women as voting the way their husbands told them to, it’s wrong to dismiss these voters as illegitimate.

In addition, as this is an election year, you are writing the campaign ads for the Democrats.

Please do not oppose the voters you represent by voting in favor of public censure of Republicans.

Beverly B. Nuckols, MD

Comal County, SD 25 and CD 21

(Edited because some of the formatting got lost.)

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.)

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

Rough pro-life waters (#weshootourown)

Calling allies “cancer” and divisive is about as malignant and divisive as it gets!

Mark Crutcher and Troy Newman have co-authored a blog piece over at Life Dynamics that does exactly what they accuse others of doing. They manage to insult sidewalk counselors and Crisis Pregnancy Centers and groups like New Wave Feminists and And Then There Were None. Add in the dark graphics and the sanctimonious, unyielding tone to the accusations, and it’s no wonder our movement hits wall after wall.

What differentiates these two from their designation of “Grandstanders?” Talk about your purity test! 

My instinct as a proponent of “Can’t we all just get along?” was to remember my Mama’s advice: if you haven’t done the bad things they talk about, the scolders aren’t talking about or chastising you. 

And let’s face it, there’s a kernal of truth there: some people are all about power and fundraising and we’ve got to continually educate both new and old activists to focus on our goal of ending abortion.

However, Crutcher and Newman go too far to be too specific and don’t give any consideration – much less kudos – for the possibility that there are effective exceptions within the groups.  While I could point out examples of each of the people they describe, I can easily name more exceptions.

Instead of the negative analogy to cancerous growths, I prefer the picture drawn by my friend, Joe Pojman, PhD., of Texas Alliance for Life. 

Think of our pro-life efforts as attempts to rescue the unborn and their mothers from the sinking ship that is legalized elective abortion. We each have a boat which we use to make trips to bring as many to safety as we can. Every boat is different: Some boats are old and leaky, some are a bit nicer or newer,more or less efficient or are captained by people who wander around a lot and keep making detours, but none of the boats that we have today is big enough or fast enough to save everyone, so we make trip after trip as fast and efficiently as we can. If some of our sympathisers spend time on the shore shooting holes in everyone else’s boat – or anyone else’s boat – fewer lives will be saved. That’s real “mission drift.”

But we can bail water and plug those holes if they’ll just give us a chance.

Clichés are repeated because they prove true, time after time.  Remember this one: “The enemy of my enemy is my friend.” But do we really “educate” with wide condemnation of the efforts of others who approach our goal from a different angle or do we create more of the very harm we are warning about?

Keep building those coalitions, looking for common ground, and plugging along!

Taxes aren’t charity (SNAP and “government interference.)

Okay, old lady rant here, from someone who once qualified for WIC, but did what we had to* to refuse it. I’m seeing complaints about a proposal to change the SNAP (food stamp) program from money/cards/vouchers for dollars to a mix of money and commodities.

Most people complain that it would be a big government boondoggle. And I’m sure it would be bloated and subject to all sorts of agendas and unintended consequences. I’m not sold on a change.

However, I’m also seeing comments that SNAP should be “supplemental,” rather than basic. That rather than interfering and deciding to only provide nutritional foods, we should trust recipients to know and meet their own needs. And kids on SNAP should be allowed the “dignity” of having Cheetos and a birthday cake.

I started this post because I have a real problem with measuring a child’s dignity by whether their parents can use some one else’s money to buy Cheetos or other junk food. (And, come on! A birthday cake is flour, sugar, milk, and eggs and time.)

Taxes aren’t charity. And I know I’ve seen abuses at the grocery store and with Medicaid in my practice.

Charity is giving someone a ride to the store or offering to shop when you go. It’s giving whatever without government force and, sometimes, when it hurts in the long run. But tell me, who among us would be happy to see even a freely given gift abused by the recipient?

SNAP, WIC, etc., are helping hands, a bridge over hard times. it’s hard work – nearly a time-consuming job – to meet the requirements to access government assistance, I know. And I know there are gaps. I’m sorry, but they shouldn’t be something that is comfortable.

*(Came within minutes of getting utilities turned off several times, nursed those babies until they could reason, baked my own bread with wheat I bought by the big bag and ground myself, joined a cheese and vegetable coop, bought in quantity and learned to store it in smaller portions, made do with one car and shared rides with neighbors, and taught my kids to eat what they were given – when their cousins lived on French fries, Dairy Queen and cookies. Eventually, I was lucky enough to enroll in the local Junior College and then on to medical school and Larry worked harder and harder. I know we’ve been lucky, but…)

Divide and Conquer: Dems vs. Republicans

January, 1973 marked the big divide, with Roe v. Wade forever separating those of us who believe in the inalienable human right not to be killed from those who separate our species into two big classes: the ones who are human-enough and the ones that aren’t.

That was the ugly beginning of even further class divisions, with some groups of people given power to claim more “rights” than other groups. The concept of individual inalienable rights endowed by Nature of being human dissolved in the class warfare that resulted.

Don’t forget the 60’s, when the Dems opposed Civil Rights legislation while spending – redistributing- every penny of Social Security and Medicare taxes to engineer a society based on the power of the greatest number.

For me, though, the Dems proved themselves liars and undependable in 1968, when I was 12. Watching the national political Parties and the Presidential Primaries, I saw not only the deaths of Martin Luther King, Jr. and Robert Kennedy. My natural inclination would have been sympathy toward the Party that claimed them.

However, I also became aware that it was the Dems who were rioting, calling policemen “pigs,” and soldiers “baby killers,” supporting the Black Panther and Weathermen, and telling us to “never trust anyone over 30,” to justify their violence.

I knew policemen and soldiers – and lots if people who were over 30 and deserving of my trust – so I knew these were false accusations. Even then, I could tell that they were dehumanizing entire groups, refining the old myth that some humans aren’t human-enough to possess inalienable rights in order to gain power.

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.

Graffiti philosophy

I visited the “dames” (ladies’ room) at the Sorbonne, and closed the door to find the Rosetta Stone for liberal causes.  The back was covered in hand written graffiti and pre-printed stickers: “My body , my choice, etc.,” “Feminist,  and “solidarité” Sharpied in both French and English, and “Antifasciste” and something about student power (it’s my first day) in printed stickers. There were several calls for “Justice” for different causes and individuals.
My first thought was to write a rebuttal to the “My body” claim, then realized that I didn’t have a Sharpie or regular pen and that I’m still a “good girl” who can’t bear to deface someone else’s property.

Besides that, the inalienable right not to be killed isn’t enshrined in the French founding documents as it is in the Declaration of Independence. And the pro-life community doesn’t have ready little bumper sticker phrases that are well known and convey more than the surface meaning.

Why don’t we? If you could, what would you have printed on a 3×5 sticker to win hearts and influence young minds?

Modern opposition to germ theory???

Why is it that a CPA is trusted to tell the “truth” about vaccines, but doctors aren’t? Perhaps, because doctors understand the science behind the germ theory, learn to read and evaluate the medical literature, and aren’t willing to give credence to doctors who have their licenses restricted or stripped for fraud, much less herbalists who teach that the earth is flat.

In discussions about vaccines with people who oppose them, I’ve been told that vaccines haven’t been subjected to large, “properly,” controlled tests. Even when I pointed to large, controlled, blinded, and randomized studies the answer was that these weren’t the “properly” controlled tests.

This is what they’ve been taught by people like Ty Bollinger, a CPA who has made his living blaming sinister global government chemtrails and, of course, doctors and vaccines for cancer, autism, allergies, and all sorts of other health problems.

The latest Bollinger video series, “The Truth About Vaccines” was evidently promoted on Facebook in April, but I missed it.  I won’t link to the video, but if you want, you can Google it and find episode 1 for free on YouTube. Don’t pay for it!  I’ve watched all 1 hour, 57 minutes, and have been doing research on the “experts.”

In this episode, Bollinger interviews parents, doctors, lawyers, lawmakers, activists and some of the most notorious contemporary doctors: Andrew Wakefield, who had his license revoked for real, intentional fraud in the United Kingdom, and Rashid Buttar, DO, from North Carolina, who is no longer allowed to treat children or cancer patients. And then, there’s the blurb from David “Avocado” Wolfe, an herbalist who denies that the Earth is round or revolves on its axis around the sun!

Pediatrician Laurence Pavlesky, MD,who is prominently featured in the video, doesn’t define the characteristics of a “proper” study in the video, he does in another interview,

“What’s missing in these data is a population of healthy people who have not had any flu symptoms – to actually see if their noses contained H1N1 – because if someone is sick and has the presence of an H1N1 virus in the nose, it doesn’t mean that the H1N1 is causing the illness.

“You really have to take an appropriate control group to see if people are colonized with that virus even when they’re not sick. “

http://articles.mercola.com/sites/articles/archive/2009/11/14/Expert-Pediatrician-Exposes-Vaccine-Myths.aspx

So do docs have to match stroke or heart attack victims with healthy controls, to prove that the controls have no lesions in order to prove that occluded vessels caused the lack of brain function or heart function? 

It’s well-documented that some people are chronic carriers of strep, but not sick. Typhoid Mary was colonized, able to expose others who got sick, but not sick, herself. We also know that the incubation period varies.

Okay, maybe we could get over the difference of opinion about “proper” controls. Or whether the earth is flat. Or even why a CPA and lay people are capable of learning the truth about scientific knowledge, but doctors aren’t. However, another theme often repeated by Pavlesky and other “experts” prominent in Bollinger’s video is the denial of the germ theory.

Fom Pavlesky’s “General Guidance”:

“The expression of these symptoms may not always be caused by infections from bacteria and viruses. Instead, these symptoms and illnesses may develop as a sign that our children are healthy; that their bodies are strong, and working to bring to the surface, and cleanse, any accumulation of wastes that are deep inside them, having accumulated due to their exposure to varying stressors in their lives. In many instances, the process of bringing these wastes to the surface of the body is aided by the bacteria and viruses already living inside of them, and is a necessary step for them to become well.”

Sheri Tenpenny, DO  is another doctor in the video. On her blog, she also promotes infections as a good way to get rid of  “toxins,” adding,

“As contrary as it seems, germs are attracted to the diseased tissues; they are not the primary cause of it.”

Here’s a little statement from me:

*The diseases we call infections are caused by infectious agents: bacteria, viruses or parasites​.* 

If we can’t agree on this (and that the earth is not flat), we have no common ground for a logical discussion about Western medicine.

More to come in later posts about the “experts” in the video.