As with so much about Twitter and the rest of the internet, the recent #YesAllWomen movement, which took place in the wake of the UCSB murders but which both legitimately and laughably moved far away from the killer's supposedly misogynist motivation and into the everyday fears and annoyances that women suffer in 21st-century America, was a mix of good and bad.
The #YesAllWomen meme is derived from feminists' derogatory #NotAllMen meme, in which they basically dismissed and ridiculed men who pointed out that most men aren't misogynist, sexist, entitled, or anything approaching rapey. "Pff," these women scoffed, "such a high percentage of you ARE like that that all you can resort to is a pathetic 'not all men are like that.'" With their Twitter hashtag #YesAllWomen, feminists supplied retorts to the "not all men" excuse-makers by pointing out that yes, ALL women suffer certain fears and dangers and harassments because some large enough subset of men are violent, dangerous, or at least crass and sexist.
This, to me, seems irrefutable and perfectly legitimate to point out as a conversation-starter in our vicously circular culture war. You shouldn't believe the statistic that 20% or 25% of college women have been sexually assaulted, but the upper range of the other reported statistics (1 in 6 American women) is truly deplorable, if accurate. One in six! It is also deplorable that sexual assault is the most under-reported violent crime, with at least 80% going unreported to police.
So there is no overreaction, no feminist victimizing, no man-hating involved in women's being afraid to walk alone at night, in the discomfort they feel at bars, cons, and other social events, or in the precautions they feel they have to take to avoid groping or verbal harassment. My impression is that it is completely legitimate to say that yes, ALL women are justified in feeling scared or uncomfortable in situations where men don't.
Some of the things that these Twitter warriors claimed applied to all women, on the other hand, are truly ridiculous and laughable. The reason I'm writing about them is not only because ridiculousness deserves ridicule (invites it, in fact), but also because bogus, trumped-up claims can do real harm to actual past and future victims of actual transgressions. Just as a made-up rape accusation can, justifiably or not, damage the (perceived) credibility of the next real rape victim, so can empty complaints about oppression and harassment make reasonable people doubt the validity of other claims and question the general reasonableness of the people who make the bogus complaints.
— BostonDave in TX (@orion99da) May 25, 2014
For those who don't see what complete garbage this is, I'll explain it to you in all seriousness: It casts all men as potential murderers and sows suspicion about all men. This is otherizing, collectivist hatred that reduces an entire half of the species to its Y chromosome and sex organs. Feminists across the world, in all cultures and all languages, should be shouting to this Ashley Sinha: "You're the reason so many men treat all feminists as man-hating 'feminazis'! You're harming our cause!"
— Shannon (@shannonrwatts) May 25, 2014
This is so ignorant it's infuriating. No, all women aren't victims of the NRA, or guns, or the Second Amendment. Second, men are by far disproportionately victims of gun violence in the West and across the world. Third, and possibly most important, thousands if not tens of thousands of women belong to the NRA, and thousands use guns to defend themselves from rape and other crimes every year.
3 women are killed every day in the US by domestic violence. Who is killing them? It is us men. #YesAllWomen
— Dean Obeidallah (@Deanofcomedy) May 26, 2014
More reductionist man-blaming and more misunderstanding of the word "all". There are over 100 million women in the United States. Clearly, not all of them will be victims of domestic violence, and clearly "us men" aren't all doing the killing.
"John," you say, "you're taking the wording of the hashtag too literally. He doesn't mean his statistics apply to all women or extrapolate to all women. It's an expression of solidarity."
Yes, I agree, the hashtag was used in dumb, ineffective ways, and Twitter is an awful place to make a serious point about anything or cite any statistics that can't be easily summarized in 140 characters.
#YesAllWomen Because I cried out of fear when I found out I was having a girl.
— Cynthia Silver (@BabyinTowCo) May 25, 2014
Because you just know that some man is going to harass, denigrate, and abuse her, eventually? How enlightened.
— Ruth Marie Sylte (@rmsylte) May 28, 2014
and i realize that not all men are like this. but all women at some point have been harassed or victimized by a man. and that's a problem.
— Grace Lauren (@geekyartchick) May 25, 2014
Again, they misuse the word "all" to make a political point.
Because for all the agency I pray to foster in my daughters, they'll end up shamed for it by an employer, a lover, a stranger. #YesAllWomen
— Josh Raby (@JoshRaby) May 25, 2014
Hyper-concerned misandry gives you the ability to see the future now.
Every single woman you know has been harassed. And just as importantly, every single woman you don't know has been harassed. #YesAllWomen
— Sarah W. (@toasterposey) May 25, 2014
This is simply false. It is so mathematically improbable as to be obviously false without having to take a survey to find a counterexample. I know women, including my wife, who have not been harassed, at least not in such a way that they considered it harassment. I don't doubt that you define harassment to be such a slight annoyance that you see it, hear it, and experience it everywhere and all the time, because that is clearly how some women need to live their lives and see the world in order to feel better about themselves and give their lives some grounding to hold onto. That grounding is good old-fashioned, reliable, unchanging, unquestioned, self-assured, otherizing hatred. But no, not every single woman I know or don't know has been sexually harassed.
Because society is more comfortable with people telling jokes about rape than it is with people revealing they've been raped #YesAllWomen
— Gabi Padovano (@scabbygabi) May 25, 2014
Obviously you are not paying attention. Most people, in fact, seem to be very uncomfortable about the telling of rape jokes.
Because women are still told how to respond to street harassment and men aren't told not to harass #YesAllWomen
— Elsa Roberts (@elsalroberts) May 25, 2014
Men (and boys) are told not to harass all the time. In fact, the anti-harassment lesson is pounded into us so firmly that it results in the suppression of not only harmful sexual urges and not only harmless sexual urges but also many males' general rambunctiousness, assertiveness, confidence, and comfort with the opposite sex. I would go so far as to say, with only anecdotal and not statistical evidence to support me, that the hyper-sensitive, hyper-PC suppression of boys' (and girls') natural behavior and sexuality has done far more harm than good on the sex-crimes front.
Black guy shoot folks = thug. Brown guy shoots folks = terrorist. White guy guns down women = "nice guy who's mentally ill". #YesAllWomen
— Charles Clymer (@cmclymer) May 25, 2014
Not a single civilized human being has said a single nice thing about him. You know how I know? Because saying a nice thing about him makes you an uncivilized troglodyte. It may be circular reasoning, but it's factually correct.
Bc I was asked if I was going to drop out of college now that I was married. #YesAllWomen
— M. A. Melby (@MAMelby) May 27, 2014
Yes, all women what? Are expected to drop out of college if they get married? I doubt even a large minority of women who get married during college are asked if that means they're done with their education. And I doubt that people even silently wonder that about many women who get married during college. True, all but one of the women I knew who got married during school did it in grad school and not undergrad, but no one in my professional/social/peer group even wondered if that meant they were done with school or career, either at that time or upon graduating. Once again, just because it happened to you or even a lot of people you know does not mean it applies to all women.
The risk of being sold as a slave or "wife", to entitled men, is a risk & reality of daily life for millions. #YesAllWomen
— M. A. Melby (@MAMelby) May 26, 2014
So like 1% of women?
"Imagine if she was your daughter!" Since the only way a man would care about women is if he had ownership over one. #yesallwomen
— Aly ☮ (@Aly_Sun13) May 26, 2014
Well, that's just the opposite of constructive.
#YesAllWomen ask another women "how it is here" when starting a new job.
— M. A. Melby (@MAMelby) May 26, 2014
All women? Why wouldn't all men? I have a better question: Why wouldn't you ask that at the job interview—you know, the time you're supposed to find out those things about a company?
And, finally, the most ridiculous, embarrassing one of all the Twittersphere:
#YesAllWomen Bc the only female cartoon character I saw growing up was a terrified cat that was constantly sexually assaulted by a skunk.
— M. A. Melby (@MAMelby) May 25, 2014
This is an email I sent to Sheldon Richman on May 3:
Dear Mr. Richman,
I had a few thoughts about your recent TGIF column "Libertarianism Rightly Conceived" and how thick and thin libertarianism might be applied to some recent news stories, and I hoped you could share your perspective. I don't think I belong squarely in the "thick" or "thin" camp—just libertarian—but I certainly used to lean strongly "thin".
The news stories I refer to are Mozilla's Brendan Eich being forced to resign over a supposedly bigoted political donation, Los Angeles Clippers owner Donald Sterling being suspended for life and fined by the NBA, and (much less newsworthy) game developer Josh Olin being fired from Turtle Rock Studios for Tweeting, "Here's an unpopular opinion: Donald Sterling has the right as an American to be an old bigot in the security of his own home. He's a victim." One reason I thought it'd be helpful to explore how thick libertarianism applies to those news stories is that your aforementioned column is more about argumentation and the philosophical reasons thick libertarianism is better than thin, and not about how thick libertarians would address any specific goings-on in the world today. I think people would be better able to judge the merits of thick and thin libertarianism if they saw how each would manifest in day-to-day situations. A second reason is that all three of those news stories are notably devoid of any government action or First Amendment issues, and the main way in which thick and thin libertarianism seem to differ, at least in practice, is how they would handle non-governmental, not-directly-rights-violating, social and labor issues.
One widespread objection to the Brendan Eich episode is that only a few years ago, presidential candidate Barack Obama expressed the very belief that got Eich run out of town, and in the same year in which Eich's donation occurred (2008). Another politician who I assume is popular among the left-liberal Mozilla employees who demanded Eich's resignation, Hillary Clinton, only publicly embraced gay marriage in 2012 or 2013. So the point is that Eich donated money to a politician running on an anti-gay-marriage platform at a time when the majority of Californians, the majority of Americans, and, indeed, those outraged employees' darling presidential candidate agreed with Eich. But suddenly, now that the tide of popular opinion has currently (and probably permanently) swayed to their side, everyone who doesn't conform must be eliminated immediately. There was no hint that Eich had ever or would ever treat any Mozilla employee (or, indeed, anyone else) with unfairness or disrespect.
One of the main differences between Eich's toxic political donation and the (illegal) tape-recording that got Donald Sterling ousted is time: If Sterling had made similar comments publicly, even at an official NBA (or NFL or MLB) event in, say, 1950, he would almost certainly not have been punished in any way. That doesn't change how wrong and harmful racism and bigotry are, but it does highlight that the way in which society handles these types of social issues depends on the times and on majority opinion. Maybe it shouldn't depend on the tide of popular opinion and feelings, but it does.
There has been less objection to Sterling's ouster than Eich's because racism has long been recognized as hateful and harmful by almost all Americans, whereas equality in marriage rights has only recently tilted in that direction. (There has also been less objection to Sterling's ouster because of his ostensibly racist actions, not just words, in his real estate dealings. Yet another reason, possibly the best one, that few object to Sterling's ouster is that the voluntarily agreed upon "NBA Constitution" supposedly allows it.)
But libertarians have always been on the right side of both gay-rights and race issues, not just recently. Whether a libertarian limits his notion of libertarianism to issues of government and coercion or expands it to include various issues of social justice such as racism and patriarchy, libertarians have always advocated equal rights and equal laws for all individuals and championed the belief that all individuals are equal in both a moral and a legal sense. Before the NBA and other sports leagues were this politically correct, before Silicon Valley programmers were so "enlightened" by left-liberalism, before game development companies were so sensitive to PR crises caused by any hint of political incorrectness, libertarians recognized and championed the rights of all people to be treated equally, at least under the law. So should libertarians have been demanding the ostracization of homophobic, racist, sexist, misogynist, etc. employees, owners, CEOs, managers, sports figures, and anyone else all along? Should thick libertarians?
If thick libertarians don't demand that others see the light on such social issues or else hit the highway, then how are they different from thin libertarians? Only in the things they write and advocate, and not in the actions they perform and the policies they recommend? Am I wrong in even using these racism/bigotry/free speech/PR examples to try to distinguish between thick and thin libertarianism? They seem perfectly apt for discerning any important distinctions that exist.
It is important to note that even though no government was involved in any of those stories, the issue of free speech (or maybe I should just say speech) was. Does thick libertarianism say that the answer to abhorrent speech is more speech, or does it say that the answer is some form of socially administered punishment in the economic/financial/employment realm? If the former, then it doesn't seem to differ in practice from thin libertarianism. If the latter, then I think thick libertarians could run afoul of exactly what Lew Rockwell worried about but you dismissed in your TGIF column: mob-enforced thuggery that will be hard to restrict to the "right" issues and the "right" cases.
I use the word "thuggery" because I have seen it applied to the recent spate of free speech violations on college campuses, and I think it applies in at least Brendan Eich's case. In Sterling's case, if anyone is the thug, it is Sterling, and I understand that the NBA has a right (indeed, a need) to manage its public perception according to its own interests. In Turtle Rock Studios' case, the trigger-happy way in which Josh Olin was fired seems more like hyper-PC overreaction by executives than mob-enforced thuggery or anything like that. But I think my point remains: If thick libertarianism demands social justice in non-coercion-related, non-government-related ways, then I worry that it rests on a slippery slope that can lead to such thuggery as demanding that hateful speakers not be allowed to give speeches on college campuses and that very good, even brilliant, executives be fired for suddenly minority opinions.
In the Sterling case, he was unwittingly recorded in the privacy of his own home, with no one but his mistress around. I don't know if any political philosophy should have anything to say about how we should treat such a recording, but it just doesn't feel right to lay such a huge, permanent punishment on someone, even a powerful, actually racist billionaire, based on a private and illegal recording, without any type of hearing or defense or investigation. It also doesn't seem right to base any fine or suspension on the supposedly racist things Sterling did in his real estate business, which have no relation to his status as an NBA owner. (I doubt the NBA did take his supposed real-estate racism into account, but many supporters of the NBA's decision have. I also think the NBA almost certainly made the best decision for its own interests.) How do you think thick and thin libertarianism would differ in addressing these two facets of the Sterling case? Punishing people for privately expressed thoughts that were surreptitiously recorded seems awfully Orwellian, but should we be thankful that those thoughts were recorded in this case? If combatting and eliminating racism and bigotry are a central tenet of the thick libertarian philosophy, then it seems that thick libertarians would be much less conflicted about this whole case than thin libertarians, but I think some intellectual and moral conflict is warranted here.
Regarding Josh Olin's case, which obviously resulted from a Sterling-related tweet, do you think libertarianism of any stripe should have anything to say? Olin expressed sympathy for someone who he thought was wronged by a sensationalist media, by an overreactive, overly sensitive NBA commissioner, and by an unfair process (all the way from the secret recording to the swift, harsh punishment). Olin opposes racism and bigotry, but he committed the PC crime of sort-of supporting a racist billionaire, or at least a racist billionaire's rights. But Donald Sterling wasn't punished for actually doing anything racist, only saying something racist privately. Sterling apparently isn't a raging, frothing racist, as his mistress is mixed-race and he apparently doesn't have much problem with her sleeping with black people (!), only with her bringing them to Clippers games. Trying to put the NBA's need to look after its own PR image and finances aside, is there anything really different, in principle, between the NBA ousting someone who merely said something and Turtle Rock Studios firing someone who merely Tweeted something? Both the NBA and Turtle Rock are within their contractual rights. Both needed to look after their own financial interests. Both got rid of someone for saying something that's somewhere between unpopular and abhorrent. But I think Olin was clearly wronged by his higher-ups, Sterling not so much.
Does thick or thin libertarianism have anything to say about whether Turtle Rock should have fired Olin? Whether they overreacted? Whether someone who defends Sterling's rights is on the wrong side of social justice? Whether there is a stark difference between the Sterling and Olin cases? If it was right (again, morally right in a social-justice way, disregarding the NBA's need to maintain PR and revenue) to ban Sterling from the NBA, then isn't it wrong (i.e., counter to the social-justice fight) to oppose that ban? If it was right (morally) to ban Sterling from the NBA, is it also right to ban all players who think like he does? Why or why not? Is it right for the NBA (or owners, or their lawyers, or private eyes) to entrap others in surreptitious recordings of hateful speech and then ban them for life? If it was right for the NBA to use this private recording that fell into its lap, is it that much more wrong to actively engage in such recordings?
Again, if thick libertarians dislike Olin's firing, then in this case they seem to agree with the thin libertarians; but if they don't think it's so bad, then I think they're on that slippery slope to PC thuggery. If thick libertarians think the NBA made the best decision for its own interests but don't necessarily think Sterling's ouster was right or necessary in the libertarian fight for social justice, then again I think they side with some/all thin libertarians.
In general, would thick libertarians simply boycott the bigoted companies or sports teams and not demand that anyone resign or be fired? But thin libertarians have no problem with doing that or in others doing that, either. Would thick libertarians say it depends on the intricacies of the private contracts signed by all involved? So would thin libertarians. (And many self-described thin libertarians even decry various types of oppressive contracts, such as homeowners' associations, end-user license agreements, purchase agreements that prohibit the purchaser from publishing negative reviews, employment contracts that prohibit employees from publishing certain opinions, etc.) Would thick libertarians say they can only decide whether and how racism (etc.) should be punished on a case-by-case basis? Then the social-justice aspects of thick libertarianism don't seem like staunch principles but rather personal preferences, which don't rank as tenets of a philosophy, to me.
I think I'd better end this email now because it's already longer than I anticipated. Thank you for your time,
"But in reality the point of free speech is for the stuff that’s over the line, and strikingly unbalanced. If free speech is only for polite persons of mild temperament within government-policed parameters, it isn’t free at all."
—Mark Steyn, "The slow death of free speech"
I suspect that some of my allies in the libertarian movement who have always been more sympathetic to left-ish concerns don't (fully) realize it or admit it, but modern left-liberalism/progressivism/feminism is the staunch, and proud, enemy of free speech. It is the most fervent and dangerous enemy of free speech that free societies face today, and has been for decades. Its adherents are merely becoming more bold and brazen about it recently, as they get more comfortable with their political power (both at the small scale of universities and the large scale of national governments) and more confident that they are winning the culture war.
"Gee, you're just now figuring that out?" you might say. But seriously, think about the full meaning and implication of this fact: Adult human beings of average or even above-average IQ have become so willfully ignorant, so blinded by bias and partisanship and fighting their battles, that they are constitutionally incapable of allowing certain facts and logic to enter their thoughts.
I am referring specifically to the left-feminist protesters at the Supreme Court today, rallying in support of women's rights or reproductive rights regarding the twin cases Sebelius v. Hobby Lobby Stores and Conestoga Wood Specialties Corp. v. Sebelius, when of course the cases have nothing to do with women's rights or reproductive rights.
Many of the protesters' signs say, "Not my boss's business". You made it your boss's business! Your boss (the owners of Hobby Lobby or any other company) had no problem with your private healthcare choices and purchases before this! They never raised a finger or batted an eye until now! You screamed "Stay out of our reproductive systems and our reproductive choices" for 50 years, and now you want to rope your employers, coworkers, and taxpayers into your reproductive choices (even more than they already were), and they object, and now you are the ones saying these choices aren't your boss's business? The bosses should be the ones saying, "Not my business; leave me out of it." Leave them out of it and go along with your health insurance plan and your out-of-pocket expenses that you and millions of other people have always had! Don't rope someone into your reproductive choices, and then when they object, say "This isn't your business!"
How is it possible for the human mind to atrophy so much? How has their ability to understand logic and interpret facts been so perverted that they interpret facts as their polar opposites?
You left-liberals and self-described "progressives" roped employers and taxpayers into your reproductive choices. You MADE it their business. If you don't want it to be their business, then lobby for the repeal of the contraception mandate.
Lie 1. The contraception mandate cases are about women’s rights.
... Women will have the same constitutional rights to acquire and use contraception regardless of whether Hobby Lobby wins or loses. More than that, they’ll have the exact same rights as they had before the contraception mandate was a gleam in Sec. Sebelius’ eye. What women won’t have is the right to force other people to pay for their contraception, but that has never been a right recognized by the Supreme Court.
In the Bizarro World of the newspapers, not paying for someone else’s contraception is the same thing as prohibiting them from purchasing and using them themselves. This is an obviously false equivalence, but one that leftists are bent on telling themselves. No matter how many times you point out that the business owners in these cases aren’t preventing their employees from purchasing and using contraception, a smug leftist will smile and say “but women’s rights, you see,” as if these magic words excuse the lie.
Lie 2. The contraception mandate cases are about gay rights.
In USA Today, Human Rights Campaign’s Chad Griffin and Planned Parenthood’s Cecile Richards paint a picture of a world where a decision in favor of religious owners’ decision not to provide contraception coverage unleashes numerous horrors unrelated to contraception coverage, including the possibility that businesses could turn away gay customers. Setting aside the fact that it is already legal for businesses to turn away gay customers in more states than not, this is the classic reductio ad absurdum, wherein letting businesses continue to operate as they have for decades will somehow unleash an apocalypse of discrimination heretofore avoided.
Lie 3. The contraception mandate cases are about for-profit corporate rights.
Let’s flip back to the New York Times. Liptak repeatedly emphasizes that this case involves for-profit corporations seeking special treatment. This is a red herring. The beliefs of Hobby Lobby’s owners are just the same as the beliefs of thousands of owners of non-profit corporations who Sec. Sebelius exempted from the mandate. ...
Liberals seem focused on the “for-profit” characterization of the businesses involved in this case because, by exempting thousands of non-profits from the mandate, they’ve little else to stand on. ...
Lie 4. Corporations cannot exercise religion.
This Sunday’s New York Times took a particularly harsh tone when criticizing businesses that operate according to their owners’ religious beliefs, claiming: “for-profit corporations are not ‘persons’ capable of prayer or other religious behavior, which is a quintessentially human activity.” Again, note the emphasis on “for-profit,” because it is indisputable that non-profit corporations are capable of “religious behavior.” Look no further than, say, my former employer the Roman Catholic Diocese of Tulsa, which like all dioceses in the United States is legally organized in the corporate form.
As with speech rights, individuals do not give up their religious rights when they incorporate, for whatever purpose. In the Hobby Lobby case, where the organization’s mission statement explicitly included a charge to operate in accord with the owners’ religious faith, there can be no question that the corporation was intended to further the “quintessentially human activity” of religious behavior. It is astonishing that leftists cannot grasp the simple truth: corporations are made up of people.
Lie 5. Corporations are asking for dangerous new rights.
... In fact, the plaintiffs in these cases are simply asking for things to go back to the way they were in 2009, when they weren’t compelled by law to violate their religious consciences.
It is not a radical departure from the norm for businesses to pick and chose what health coverage they provide. In fact, that was the norm for decades. What was new and harmful and possibly part of a slippery slope to lawlessness was the decision of Sec. Sebelius to impose her will on businesses, for the first time demanding that they provide morally objectionable coverage or face crippling penalties.
Lie 6. Government has a compelling interest in forcing companies to provide birth control.
To survive a challenge under RFRA, the government must demonstrate a “compelling governmental interest” and employ the “least restrictive means” of furthering that interest. That’s why a great deal of coverage, and indeed the government’s own briefing, is devoted to claiming that birth control is an unmitigated good and direly needed by women who will somehow be unable to get it if religious businesses aren’t forced to provide it.
This claim is complete bunk. First, the vast majority of businesses provided contraception coverage for their employees before the mandate became effective and continue to do so now that it has. Only a small number of businesses, most of which are not very large, are seeking an exemption based on their religious belief. Second, Sec. Sebelius has already exempted 190 million people from the contraception mandate, either because they work for non-profit corporations or because their plans were “grandfathered” when Obamacare became effective.
In short, when 190 million people are purposefully exempted from a law, there can be no argument that it is aimed at a compelling purpose. Providing broad exemptions intended to go on in perpetuity demonstrates that the contraception mandate is the opposite of compelling.
Mollie Hemingway writes about the seven most ridiculous things about the campaign to ban the word "bossy". The whole short thing is worth a read, but this passage was my favorite:
Further, even if there were a sex differentiation here, it’s not the one described by the campaign here:
When a little boy asserts himself, he’s called a “leader.” Yet when a little girl does the same, she risks being branded “bossy.”
For crying out loud. Has anyone been near a public school classroom recently? I have never in my life ever heard anyone call an assertive little boy a “leader.” There are probably few places more hostile to any male behavior of any kind than our oversensitive, girl-centric classrooms. If a little boy asserts himself in the classroom, he’s sent to the principal.
Yes, there are some slurs that girls face more than boys as they mature. But many of the ones dudes get — I’m thinking of a**hole and d*****bag and what not — deal specifically with being too assertive. Where’s their campaign?
Later this month, the Supreme Court will begin hearing Sibelius v. Hobby Lobby Stores, Inc. regarding Hobby Lobby's objection to Obamacare's "contraception mandate" on the grounds that it violates the owners' religious freedom to abstain from paying for anyone's contraception. Obamacare requires Hobby Lobby to provide its employees only certain kinds of health insurance, all of which now must cover contraceptives, something to which the owners of Hobby Lobby do not want to contribute directly. In the past, Hobby Lobby's employees (presumably) bought their contraceptives with their regular wages, and Hobby Lobby's owners never objected or even brought it up. Now that the Affordable Care Act has outlawed certain health insurance policies, the health insurance that Hobby Lobby employees get through their employer now must include contraceptives.
The outlawing of the old health insurance plans and the requirement that religious, contraceptive-opposing (or abortifacient-opposing, it doesn't matter) employers provide health insurance coverage that includes a contraceptive benefit is just one concrete example of the myriad violations of principles and rights that characterize Obamacare. This health insurance law, like all major regulatory laws, is wrong not because it violates the First Amendment or someone's religious freedom; it is wrong because it violates people's right to buy and sell what they want for mutually agreed-upon terms and to negotiate those terms freely, peacefully, voluntarily, without interference from an outside entity (in this case, the State).
When Congress and the various committees appointed by the Obama administration were writing the regulations that would decree which and how many facets of healthcare would be required to be covered under health insurance plans, it was inevitable that some decisions about coverage would be made politically. That is, the mandatory benefits covered by health insurance plans would not be decided only (or even primarily) by statistics, economics, medicine, or the free choices of buyers and sellers, but also by the desire of politicians to expand their influence and power as well as to be reelected.
The insistence by left-liberal feminists that women's contraceptives be one of the mandated benefits belies their oft-repeated stance that government should stay out of their reproductive choices and their reproductive systems. For some of the more strident feminist activists, their defining political goal is not to free women from the controlling forces of male-dominated, Christianity-flavored government but rather to take control of the government in order to force their left-feminist vision on all of society. If that sounds harsh or overly general, then why are they fighting so hard for the contraceptive mandate? The legal requirement that all health insurance plans, whether bought individually from an insurance company or received as compensation through employment, cover various female contraceptive medicines is a plain example of this true motivation. After decades of vocal protestation against other people meddling in their reproductive choices, they have now won the power to rope other people into their reproductive choices—but on their own terms.
The principle underlying this duplicity is that their positions are the only possible right ones and that they are therefore justified in using the police power of the State to force everyone else to conform. What other people want to do with their money, their jobs, their businesses, their insurance plans, and their lives is simply irrelevant or wrong, and must be stamped out. The only individual choice that matters is what (some) women want to do with their bodies. Abstaining from actively funding left-feminist programs, such as subsidizing contraceptives for women, is now labeled vile woman-hating.
Another relevant issue with the contraceptive mandate and, indeed, all of the mandates of the Affordable Care Act is that politically decided coverage benefits must now be paid for collectively, or at least more collectively, rather than individually, which has led to steep price increases, as was easily predicted. Whereas collectivization of risk (real insurance) is economically, financially, and actuarially viable and sustainable, collectivization of costs is not. Collectivization of costs inevitably leads to higher expenses, if not for everyone then at least for most people, because there is not enough incentive to price-shop (for customers) or to compete on price (for suppliers). We are witnessing this phenomenon in real time in the health insurance market as Obamacare forces millions of insurance policies to be canceled and both individuals and companies are left with only more expensive options in their place. (It should be noted that the new law is only one of thousands of causes of ever-increasing health insurance premiums; the over-reliance on the cost-collectivization plans that we know of as insurance is a paradigm that was created and perpetuated by the U.S. tax code.)
One of the particularly pernicious lies put forth in defense of the contraceptive mandate is that the female employees are going to get their contraceptive money either in the form of wages or in the form of insurance, so...the law must require it to be insurance, I guess is their argument. It isn't immediately clear why they are so adamant that the contraceptives be covered by new health insurance plans instead of wages as usual, until you realize what they really want: for other people to subsidize that cost for them.
Consider this inverview of political science professor Scott Lemieux by Amanda Marcotte (it starts at about the 6:50 mark of the podcast).
Marcotte: Is it really, as the right says, "free birth control"?
Lemieux: No, that's one of the most common misperceptions, and this came up a lot during the Sandra Fluke controversy. The key thing to remember here is that this is part of your wages. So essentially, employers get substantial tax benefits for giving you part of your wages in the form of health insurance rather than in the form of direct wages. ... Employers can't pay you in health insurance and have that insurance not cover anything, so that to qualify for taxpayer subsidies, the insurance has to be relatively comprehensive. And one change made by the Affordable Care Act was, given the centrality of contraception to women's healthcare..., that was simply just an obvious change: that insurance plans, that employers with taxpayer subsidies, should cover contraception. And that's all it does. ... You've earned the health benefits, you're paid in health benefits, and this is simply part of broad requirements that the insurance benefits be comprehensive.
Maybe it never occurs to them to ask the most obvious question: If the women are going to get paid that money one way or the other—wages or insurance—why don't they just want to keep getting that money in wages? The answer is simple: because if they get contraceptives covered under insurance, then every employee on that insurance plan pays for the contraceptives via their insurance premiums, meaning each individual woman only pays for a fraction of her contraception expenses through her own insurance premium.
Say the typical female employee at a certain company spends $30 a month on birth control pills. According to the misconception of Marcotte and Lemieux, the woman and the company, along with the company's contracted insurance provider, can agree upon either (a) a certain wage and a health insurance plan that costs the employer an extra $30/month for contraception coverage, or (b) a wage that is $30/month higher but does not include any coverage for contraception. And everything else for everyone is the same (except for possible tax implications for the employer and employee*). But this is not correct. It was probably true before but is especially true now that male employees and females who don't want or need contraceptives have no choice but to accept a lower wage and an insurance plan that covers contraceptives. In this way, everyone's wage is reduced (presumably not by the full $30) so that everyone's insurance can include this extra contraception benefit, but only some women will use the insurance to buy contraceptives. So these women have a wage reduction of less than $30 but receive a healthcare benefit of $30.
That is what's wrong with Obamacare, and indeed all cost-collectivization schemes, and that is what people are objecting to.
As far as I can tell, either I am right and Obamacare would spread the contraception costs among more than just the contraceptive-purchasing employees, meaning it is a subsidy; or I am wrong and no one would be forced to subsidize women's contraceptives, so no one is better or worse off with those contraceptives being paid for by direct wages or insurance, but Amanda Marcotte and her ilk merely want to stick it to the fucking misogynist Christians and force them to pay for something they morally object to.
(*If you are tempted to object, as alluded to by Lemieux in a side comment that I omitted above, that since wages in the form of health insurance aren't taxed, both the employer and the employee would benefit from paying for contraception via health insurance instead of direct wages, and therefore the calculus is not as simple as $30 here vs. $30 there, then the obvious solution is to reduce all taxes on all wages and compensation, or else treat all forms of income equally so that health insurance is no longer tied to employment for so many people.)
Marcotte: And to be clear, it's not like this is a new thing... I think most health insurance covered it before this, correct?
And Hobby Lobby's health insurance plans didn't cover it before this. What's your point?
Lemieux: Right...there's nothing unusual about it. There's nothing at all unusual about a private health care plan covering contraceptives. And indeed, some studies have suggested that it's actually cheaper overall, given that the expenses involved with childbirth are much greater than covering contraceptives. It's not even clear if having to provide contraceptives even reduces profitability or anything like that. ... But there's nothing at all unusual about this, and there shouldn't be. Obviously, contraception is a fairly fundamental part of healthcare, and there's no reason that statutes to make coverage comprehensive shouldn't include it.
This is a good point to insert a brief explanation of what real insurance is and what modern health insurance is. I highlighted Professor Lemieux's statement above because it's a good example of what's wrong with modern health insurance. If something is fundamental and routine, then by definition it is not insurable. Insurance is the collectivization of risk, and if something is routine, basic, and expected, then there is no risk calculation involved. There is no uncertainty in the expenses that will be needed for it. Insurance covers unmanageable, unexpected, catastrophic expenses, such as a car being totaled, a ship sinking, a house catching on fire, a robbery, or a major medical expense that is not normal or expected. A monthly packet of birth control pills or other, emergency contraceptives is not unmanageably or unexpectedly expensive. (If you retort that emergency contraceptives are exactly the type of thing that should be covered under my model of "real insurance" and that they aren't easy to buy, nor are regular birth control pills, which require a prescription, then you can almost certainly blame the politicians that you voted for and not myself or other libertarians, who have long noted that every medicine of every kind should be available over the counter at any store that wants to sell it. Seriously, see if you can answer this: has your Democratic congressman or senator, at the state or federal level, ever introduced a bill to make all reproduction-related medications completely prescription-free?)
Rather than wanting their contraceptives (or a thousand other things—I only write about contraception because it is the hot topic in the to-cover-or-not-to-cover debate) to be insured against some loss or risk or unexpected, catastrophic expense, the advocates of the contraceptive mandate simply want other people to subsidize their contraception expenses. They want Congress (and now the Supreme Court) to mandate a direct transfer payment from non-contraception users to contraception users.
If this were not true, i.e., if the women were going to get $30 in some form of wages and spend $30 on contraceptives either way, why would so many left-liberals be fighting for the contraceptive mandate? I can only conclude that they see the contraceptive mandate as a type of subsidy for women's reproductive health, as well as an opportunistic opening for more such subsidies in the future.
Another pertinent question: Why stop at contraceptives? Do no other routine, affordable goods and services count as fundamental aspects of women's health? Women certainly need food and water to sustain a basic level of health far more than they need contraceptives. Why shouldn't their food and water be provided under health insurance instead of coming out of their wages? Is it merely because food and water are not considered medical care? Because they've never been covered under health insurance before? But the law hasn't mandated contraceptive coverage before, either. At one point, contraceptives weren't covered by health insurance. Why must they be now? Why shouldn't food and water be? Shouldn't people who eat less food subsidize those who eat more? If not, then why? What is the fundamental difference between food and contraceptives that implies one must be covered by health insurance and thereby subsidized by non–contraception users (and it is vile, patriarchal, misogynist woman-hating to suggest otherwise) but women must fend for themselves for the other one every paycheck? The latter being far more expensive and necessary for basic physical and mental health than the former, by the way.
The only answer I can infer is that women have higher medical costs than men through no fault of their own, and left-liberal feminists have decided that subsidizing (collectivizing) the cost of contraceptives (and other aspects of women's health) is a just battle that their side must win, and anyone who opposes them must be a misogynist, male-supremacist, conservative Christian and is therefore wrong about most other things, so to oppose the contraceptive mandate is simply vile misogyny by definition.
Where liberal feminists and conservative Christians lose my interest in this debate is making it about religious freedom or the First Amendment. I understand that the opponents of the law have to make it about that, because they would be laughed out of court if they argued on princple. But the principle requires no religion or Bill of Rights: No one should be forced to pay for something they don't want to pay for. No one should be forced to support, financially or otherwise, something they don't want to support. The contraceptive mandate is wrong for the same reason all those health insurance policy cancellations are wrong: because it violates the volunatry, peaceful associations and transactions of free individuals and the organizations they work for.
There are also practical reasons to oppose the increased collectivization of healthcare costs, primarily that it ultimately increases all healthcare expenses for everyone.
The more things that are covered by insurance, the more expensive the insurance premium will be. A greater number of people paying a (higher) premium for a routine good or service means its cost (to the consumer) has been largely or entirely collectivized. The more a cost is collectivized, the less the actual users and beneficiaries will price-shop or find substitutes, because the less they must pay of its full price. The less incentivized the customers are to price-shop or find substitutes, the less incentivized the suppliers of that good or product will be to compete based on price. The less price competition there is, the less cost-saving (i.e., profit-maximizing) innovation there will be. If companies can make the same profit from charging a higher price and slacking on innovation, then the outcome will be persistently higher prices and less innovation in both the process technology and product technology realms.
This is the past, present, and especially future of the American healthcare/health insurance industries under extensive regulation and cost collectivization.
In an article about Facebook CEO Sheryl Sandberg's net worth surpassing $1 billion, David Kirkpatrick, author of The Facebook Effect, is quoted as saying, "Did she do a billion dollars' worth of work? I don’t know. She had the good fortune to land in the right place where her talents could really be applauded."
Kirkpatrick's comments incensed many, because how many male billionaires are doubted or questioned in that way? How many people say: Did that man do a billion dollars' worth of work, to amass such a fortune? This tweet by Alex Leo is a good representative example:
— Alex Leo (@AlexMLeo) January 22, 2014
Insofar as the targets of their ire (which I'm sure include patriarchy in general or some such, and not just David Kirkpatrick) only question the worth of wealthy females in that way, they have a valid, important point.
My point in writing this post is different, however. My response to their outrage is that libertarians and anarchists severely doubt the deservedness of every billionaire's fortune and, in fact, the fortunes of many millionaires in business, industry, and politics. Our doubt as to the legitimacy of the fortunes of many large business owners, CEOs, and the like is practically a given. The illegitimacy of their fortunes is so understood that we hardly mention it explicitly. Instead, we tend to focus on the success of large corporations and other businesses when their success is owed in part to State interference in the economy. We assume as a matter of course that large businesses (and therefore their owners and executives) amassed such power and wealth through at least partially nefarious means, either by design (through lobbying and rent-seeking) or more indirectly (such as by incidentally benefiting from a regulation or barrier to entry, or by consciously taking advantage of regulations already on the books).
Libertarians and others who are opposed to the political-economic status quo take it as such an obvious given that thousands upon thousands of millionaires got rich by at least partially political (i.e., immoral and illegitimate) means that it's hard to find articles, blag posts, or discussions in which someone comes right out and says that too many millionaires and billionaires owe their fortunes to cronyism and didn't actually provide a million or a hundred million or a billion dollars' worth of value to other people. At least, I had a hard time finding many explicit, nicely phrased examples. But every time a columnist or blagger bemoans cronyism or corporatism or crony-capitalism, or points out how regulations are designed to help the rich and powerful and stamp out competition, we are making the case that some rich people and successful businesses are only so rich and successful because they are powerful and well connected, not because they have provided a great deal of value to other human beings, and that they have therefore not earned their wealth and power.
I did manage to find a few examples by searching Google and by scouring the depths of my memory for blag posts and discussions I had read years ago. Here are merely eight out of the tens of thousands of examples of libertarians or libertarian-leaning people decrying the ill-gotten and undeserved power and wealth of the modern power-elite. Note that whereas the main concern of mainstream feminism regarding the super-rich is that males and females be reviled or revered equally, the main concern of libertarianism regarding the wealthy is whether they have acquired their wealth justly (i.e., through the economic means).
The first half of "Corporations versus the Market; or, Whip Conflation Now" by Roderick T. Long nicely summarizes the major ways in which large corporations (and thus their owners and executives) succeed and make billions off of myriad State policies. It's a great, short, illuminating lesson on some basic tenets of libertarianism.
The 19th-century libertarian Victor Yarros contrasted his camp's theory of just property with that of Auberon Herbert, who thought that millionaires and landlords should be allowed to keep their present wealth even if it could be shown to have been unjustly acquired:
We, on the other hand, while insisting on the principle of private property, in wealth honestly obtained under the reign of liberty, do not think it either unjust or unwise to dispossess the landlords who have monopolized natural wealth by force and fraud. We hold that the poor and disinherited toilers would be justified in expropriating, not alone the landlords, who notoriously have no equitable titles to their lands, but all the financial lords and rulers, all the millionaires and very wealthy individuals. . . . Almost all possessors of great wealth enjoy neither what they nor their ancestors rightfully acquired....
Every person, rich or poor, should be treated the same before the law. There are rich people, who are rich without having defrauded or stolen from anyone. They are rich, because they have worked hard, they have saved diligently, they have been productive, and they have shown entrepreneurial ingenuity, often for several family-generations. Such people should not only be left alone, but they should be praised as heroes. And there are rich people, mostly from the class of political leaders in control of the state-apparatus and from the state-connected elites of banking and big business, who are rich, because they have been directly engaged in, or indirectly benefitted from, confiscation, theft, trickery and fraud. Such people should not be left alone, but instead be condemned and despised as gangsters.
And there's probably some fraction of income over $250k that was really earned through hard work and enterpreneurship.
If Obama's cutoff point were, say, extending the tax cuts for everyone below $5 million, that might be a bit less clearcut for me because at that level the probability that anyone made over that amount of money through non-political means approaches zero.
Charles Johnson has written, "I just want Sam Walton to get his cold, dead hands out of my pockets. The rest is all details, as far as I’m concerned," as well as, "The centrifugal tendency of markets: market anarchists see freed markets, under conditions of free competition, as tending to diffuse wealth and dissolve fortunes — with a centrifugal effect on incomes, property-titles, land, and access to capital — rather than concentrating it in the hands of a socioeconomic elite."
Now that Gates has used state-granted IP monopolies to acquire billions of dollars that he can then use to be a bigshot philanthropist, he is all for patents (as my friend Rob Wicks says, Gates is “America’s wealthiest welfare queen”).
Recently, in Buffalo, it was announced that Geico, owned by Warren Buffett, would open a local office in exchange for $102 million in "inducements." All it took was a flunky of Buffett’s to put in a call to the Governor.
When I heard Geico was coming to town, I knew there must be a catch. Why would any company come to Buffalo where it and its employees would be fleeced by the local political class? And the answer is — when your owner is the second richest man on earth, he can manipulate the state’s corrupt political system — corporatism — and get a waiver from the state’s tax slave policies and crazy regulations.
The News has downplayed the $102 million in "inducements" to Geico: tax breaks, grants, and utility discounts. It’s all very complicated which means that politically-connected lawyers and law firms will earn huge fees putting it all on paper. Economic development bureaucrats — a class of people which would not exist in a free society — also will earn huge salaries administering all this legalized graft.
Let me get to the real heart of the matter, though, lest I be misunderstood. I hate taxes so please don’t misconstrue anything I say as believing that drastic tax relief is not needed. But here’s the $64,000 question. Why should Geico get tax breaks and not the rest of us? ...
There are reasons — nefarious ones — why our leaders choose special breaks over citizen-wide tax cuts. First, as in this case, it forces the businessmen to ask for help. That help always comes at a price: contributions, endorsements, and mugging for the cameras at ground-breaking time. That’s why you see politicians at all these openings.
Equally important, the politicians get to run these complex deals through their patronage apparatus — connected lawyers, real estate firms, development bureaucrats — all of whom make an enormous amount of money figuring out how the wired fat cats can avoid paying the taxes and complying with the regulations the rest of us are stuck with. The recipients of the patronage then kick back campaign contributions to the politicians, do free legal work, and form the backbone of their campaign organizations at re-election time.
Thus, the seemingly abstract principle of equal protection of the laws, if enforced, would have an immediate and tangible impact on cleaning up our corrupt political system. "Ideas have consequences."
The bottom line is that our corrupt political/economic system in Buffalo and elsewhere continues as it has for many years. The left thinks that system is capitalism. It isn’t, unless they view Mussolini as a capitalist. No, it’s corporatism or the corporate state, a marriage between big government and big business with big labor as a junior partner. The beneficiaries are of course big business, big government and big labor. Everyone else, that is, 85 percent of us, lose out big-time.
In my sporadic research on the Hobby Lobby Supreme Court case (and a basically identical case brought by Conestoga Wood Specialties, a Pennsylvania company owned by Mennonites), in which the companies argue that they should not be forced to pay for employee health insurance that covers contraceptives and thus violates their religious beliefs, I came across a truly remarkable column in U.S. News & World Report: "An Assault Upon the Very Notion of Secular Law" by Laura Chapin. Her column contains as many blatant falsehoods as true statements and opinions.
The Hobby Lobby case threatens to extend corporate personhood to allowing companies to force employers' religious beliefs onto individual employees,...
The federal government threatens to force the owners of a company to pay for a health insurance plan for their employees that violates the employers' beliefs, and the employers object. It is self-evident and self-explanatory why that does not constitute "forcing religious beliefs" on anybody.
deny them health care,...
This assertion is so baldly dishonest as to require no rebuttal. U.S. News & World Report should be ashamed that they published such aggressive, manipulative lies. In the space of one paragraph, Laura Chapin has already descended into Salon-like hyperventilatory desperation.
and opt out of laws they don't like.
Remember, only elected officials with a (D) after their name can violate laws (which they swear to uphold, by the way) and not only receive no rebuke from left-liberals but in fact receive their vigorous defense.
The companies object to certain forms of birth control because the "religious beliefs" of their owners forbid them from covering contraceptives that prevent implantation of a fertilized egg and thus in their minds are "abortifacients."
This column would be a good exercise for high-school students to spot loaded words, misleading statements, lies of omission, and the like, if only it were written above a high-school level. Obviously, Laura Chapin was not writing a news article but rather an opinion column in which she argued for one side of an issue, but puerile tactics like putting "religious beliefs" in quotation marks, as if Hobby Lobby's owners are only claiming to object to the contraceptive mandate based on religious beliefs but in fact are acting solely out of black-hearted, corporate greed, should make anyone doubt Laura Chapin's honesty in other areas. At this point the astute observer might question whether she really seeks any truth or fairness in life or just partisan victories.
Unfortunately for their women employees, the companies' "science" is in line with those who think people and dinosaurs walked the earth at the same time.
This reminds me of a famous quotation by Isaac Asimov: "When people thought the Earth was flat, they were wrong. When people thought the Earth was spherical, they were wrong. But if you think that thinking the Earth is spherical is just as wrong as thinking the Earth is flat, then your view is wronger than both of them put together." No, it is not as wrong as young-Earth creationism to think some contraceptives are abortifacients. Ella (ulipristal acetate), for instance, can kill a fertilized egg by preventing it from implanting in the womb, though this is rare and might be nearly impossible at the doses at which it is prescribed in the United States.
According to a friend of the court brief filed in the Hobby Lobby case by Physicians for Reproductive Health, the companies "fail to cite any scientific authority for their assertions that any FDA-approved contraceptives are abortifacients ... there is no scientific evidence that emergency contraceptives available in the United States and approved by the FDA effect an existing pregnancy. None, therefore are properly classified as abortifacients."
Fortunately for me and other libertarians, and indeed anyone who defends Hobby Lobby's position not on religious (or scientific) grounds but on plain morality, it is irrelevant whether Hobby Lobby's owners have a legitimate First Amendment claim or sound science. All that is needed is a simple, fair sense of morals and justice: don't force people to pay for something they don't want to pay for. In the words of Thomas Jefferson, "To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical."
This principle leads us to the understanding that everything about the Affordable Care Act is immoral and unjust, because it forces people to buy things (like extra coverage) that they don't want and prevents them from doing things (like being uninsured, buying a less comprehensive insurance policy, selling a less comprehensive insurance policy, and charging actuarially justifiable rates) that don't harm others. None of the things that are now illegal under Obamacare were violent or fraudulent, so they are victimless crimes like drug use and prostitution.
Nobody is stopping them from practicing their religion or forcing them to use the pill or get an IUD.
No, we're forcing them to do other things that we have decided they should be forced to do, and we have more guns, so...might makes right, I guess? I'm not sure what point Laura Chapin thought she was making by mentioning what the government isn't forcing Hobby Lobby's owners to do. Maybe she was trying to distract her readers from the real point? I don't think it worked.
But this is a pertinent question that Laura Chapin and all other defenders of the contraceptive mandate should answer: What is the difference, in their minds, between forcing someone to use the pill or get an IUD and forcing them to pay for someone else's pill or IUD? Why is one of them so obviously unjust that she scoffs at the idea that a government (her government) would ever do such a thing, while the other is not only acceptable but so right and good that it deserves the backing of law?
But their religious beliefs do not entitle them to make those decisions for their employees – their beliefs stop at their employees' doctors' offices. None of these personal, private health care decisions by workers are any of Hobby Lobby's damn business.
You made it their business! You made it a matter of public policy! You and your left-liberal ilk forced the employer mandate (and thousands of other regulations and proscriptions and mandates, in the ACA alone) onto the American people and American businesses. Note that Hobby Lobby (and Conestoga Wood Specialties) is not objecting and has never objected to any employee doing whatever they want with contraceptives, their doctors, reproductive clinics, etc. They object to being forced to help pay for something that disgusts them. Why does Laura Chapin think it germane that no one is "forcing them to use the pill or get an IUD" but glosses over the fact that Hobby Lobby has never objected to its employees' healthcare decisions before this and isn't objecting to them now? Wait, I know this one: blind bias and shameless demagoguery.
Doesn't she think it odd that, if Hobby Lobby's religious owners objected to the "personal, private health care decisions by workers", they are only now suing the federal government to be allowed to intrude into their employees' personal lives and force their religion on them? Doesn't she think it would have occurred to Hobby Lobby to, y'know, not hire them? Or start forcing the Bible on their employees before 2013?
Clearly the owners of Hobby Lobby are doing no such thing, and I think everyone knows this, but Laura Chapin doesn't let that stop her. The personal, private healthcare decisions of Hobby Lobby's employees are none of anyone's business, as the owners have always acknowledged. But how the owners live their lives, including how they spend their money and what policies their company follows, is the government's business as Laura Chapin defines it.
It's sad that a professional "communications strategist" writing in a relatively well-respected national newsmagazine can call a defense of one's right not to be forced to pay for something they abhor "an assault upon the very notion of secular law". It's also unfortunate that the crux of this argument, from both sides, seems to be religion and the First Amendment. Religion, the Constitution, and biology are not needed here. All that is needed is simple fairness and moral equality: It is wrong to force others to pay for, or in any other way support, anything they object to. If it is an egregious, outrageous affront to human decency for religious business owners to merely continue not paying for something that they have never paid for, then how much more wrong must it be to come into someone's home or business with guns pointed at them, demanding they pay for something they don't want and never agreed to, or else go to jail? Or be killed when they resist, as is their right? Remember that the penalty is always death when you resist the State. In Laura Chapin's State, resisting a law that the country has somehow done without for over two centuries is a radical, dangerous assault on the very notion of secular law. Somehow I think the people who wrote that secular law would disagree.
Clark of Popehat.com is understandably angry. The "system" of corporate-State socialism seems rigged against the little guy, the common man, the individual, the lower and middle classes—and its exploitation of everyone outside of the power elite seems to grow more blatant and more absurd by the year. What set off his latest masterpiece polemic was Judge Giselle Pollack of Broward County, Florida, who has sentenced defendants to who knows how many years in combined jail time for drug-related offenses, will enter rehab for her drug and alcohol problem instead of going to jail like many of her victims. Clark writes,
Twenty years ago I was a libertarian. I thought the system could be reformed. I thought that some parts of it "worked"… whatever that means. I thought that the goals were noble, even if not often achieved.
The older I get, the more I see, the more I read, the more clear it becomes to me that the entire game is rigged. The leftists and the rightists each see half of the fraud. The lefties correctly note that a poor kid caught with cocaine goes to jail, while a Bush can write it off as a youthful mistake (they somehow overlook the fact that their man Barrack hasn't granted clemency to any one of the people doing federal time for the same felonies he committed). The righties note that government subsidized windmills kill protected eagles with impunity while Joe Sixpack would be deep in the crap if he even picked up a dead eagle from the side of the road. The lefties note that no one was prosecuted over the financial meltdown. The righties note that the Obama administration rewrote bankruptcy law on the fly to loot value from GM stockholders and hand it to the unions. The lefties note that Republicans tweak export rules to give big corporations subsidies. ...
What neither side seems to realize is that the system is not reformable. There are multiple classes of people, but it boils down to the connected, and the not connected. Just as in pre-Revolutionary France, there is a very strict class hierarchy, and the very idea that we are equal before the law is a laughable nonsequitr.
Jamal the $5 weed slinger, Shaneekwa the hair braider, and Loudmouth Bob in the 7-11 parking lot are at the bottom of the hierarchy. They can, literally, be killed with impunity … as long as the dash cam isn't running. And, hell, half the time they can be killed even if the dash cam is running. This isn't hyperbole, mother-fucker. This is literal. Question me and I'll throw 400 cites and 20 youtube clips at you.
Next up from Shaneekwa and Loudmouth Bob are us regular peons. We can have our balls squeezed at the airport, our rectums explored at the roadside, our cars searched because the cops got permission from a dog (I owe some Reason intern a drink for that one), our telephones tapped (because terrorism!), our bank accounts investigated (because FinCEN! and no expectation of privacy!). We don't own the house we live in, not if someone of a higher social class wants it. We don't own our own financial lives, because the education accreditation / student loan industry / legal triumvirate have declared that we can never escape – even through bankruptcy – our $200,000 debt that a bunch of adults convinced a can't-tell-his-ass-from-a-hole-in-the-ground 18 year old that (a) he was smart enough to make his own decisions, and (b) college is a time to explore your interests and broaden yourself). And if there's a "national security emergency" (defined as two idiots with a pressure cooker), then the constitution is suspended, martial law is declared, and people are hauled out of their homes.
Next up from the regular peons are the unionized, disciplined-voting-blocks. Not-much-brighter-than-a-box-of-crayolas teachers who work 180 days a year and get automatic raises. Firefighters who disproportionately retire on disability the very day they sub in for their bosses and get a paper cut.
A step up from the teachers and firefighters are the cops: all the same advantages of nobility of the previous group, but a few more in addition: the de facto power to murder someone as long as not too many cameras are rolling. The de facto power to confiscate cameras in case the murder wasn't well planned. A right to keep and bear arms that far exceeds that of the serf class: 50 state concealed carry for life, not just just for actual cops, but even for retired cops.
At the same level of privilege as cops, but slightly off to one side is different class of nobility: the judiciary and the prosecutors. Judges and prosecutors can't execute citizens in an alley, a parking lot, or their own homes ("he had a knife! …and I don't care what the lying video says."), but they can sentence people to decades in jail for things that any clear-minded reading of the Constitution and the 9th and 10th amendments make clear are not with in the purview of the government. They have effectively infinite resources. They orchestrate perp walks. They selectively leak information to shame defendants. They buy testimony from other defendants by promising them immunity. By exercising their discretion they make sure that the bad people are prosecuted while the good people (i.e. members of their own clan) are not.
Above the cops, the prosecutors, and the judiciary we have the true ruling class: the cabal of (most) politicians and (some) CEOs, conspiring both against their own competitors and the public at large. If the public is burdened with a $100 million debt to pay off a money losing stadium, that's a small price to pay if a politician gets reelected (and gets to hobnob with entertainers and sports heroes via free tickets and backstage passes). If new entrants into a market are hindered and the populace ends up overpaying for coffins, or Tesla cars, or wine that can't be mail ordered, then that's a small price to pay if a connected CEO can keep his firm profitable without doing any work to help the customer. If the Google founders want to agitate for Green laws that make Joe Sixpack's daily commute more expensive at the same time that they buy discount avgas for their private flying fuck palaces, then isn't that their right? They donated to Obama's campaign after all!
I am not listing defects in a perfectable system. I am describing the system.
It is corrupt, corrupt, corrupt. From Ted Kennedy who killed a woman and yet is toasted as a "lion of liberalism", to George Bush who did his share of party drugs (and my share, and your share, and your share…) while young yet let other youngsters rot in jail for the exact same excesses instead of waving his royal wand of pardoning, to thousand of well-paid NSA employees who put the Stasi to shame in their ruthless destruction of our rights, to the Silicon Valley CEOs who buy vacation houses with the money they make forging and selling chains to Fort Meade, to every single bastard at RSA who had a hand in taking the thirty pieces of silver, to the three star generals who routinely screw subordinates and get away with it (even as sergeants are given dishonorable discharges for the same thing), to the MIT cops and Massachusetts prosecutor who drove Aaron Swartz to suicide, to every drug court judge who sends 22 year olds to jail for pot…while high on Quaalude and vodka because she's got some fucking personal tragedy and no one understands her pain, to every cop who's anally raped a citizen under color of law, to every other cop who's intentionally triggered a "drug" dog because the guy looked guilty, to every politician who goes on moral crusades while barebacking prostitutes and money laundering the payments, to every teacher who retired at age 60 on 80% salary, to every cop who has 50 state concealed carry even while the serfs are disarmed, to every politician, judge, or editorial-writer who has ever used the phrase "first amendment zone" non-ironically: this is how the system is designed to work.
The system is not fixable because it is not broken. It is working, 24 hours a day, 365 days a year, to give the insiders their royal prerogatives, and to shove the regulations, the laws, and the debt up the asses of everyone else.
Burn it to the ground.
This post exemplifies one major advantage that amateur, or at least less formal, blogs have over mainstream media and opinion columns in newspapers and the like: the opinions and excoriations that Clark puts forth don't have to be watered down for a "respectable" publication or for a wider audience. Clark is right about everything or at least almost everything in his post, and he says it in the tone that the topic warrants. Pissed the hell off, not thoughtful and even-handed, is how we all ought to feel about most things our governments do. It should pain us to realize that all of these atrocities committed by State officials—that are legal, by the way—are inflicted and endorsed by our fellow humans who want this type of government and continually vote to keep it just the way it is.
It's true, anyone with an internet connection can have a blog whether their writings are worth anything or not, which dilutes the overall quality of the blogosphere. But have you compared the random political rantings around the blogosphere to the crap in the major newspapers and magazines lately? In an extremely good week, not 10% of MSM opinion columns about politics and economics are even non-idiotic, much less insightful, principled, or praiseworthy.
One thing I've noticed around the interwebs during the last few months is that a lot of people place a high value on what they call "nuance" and "subtlety". I put them in quotation marks because, one, they are almost buzzwords now, and two, I'm not sure some people's definitions of those qualities would agree with mine.
Imagine what an opinion column in a major newspaper about Judge Giselle Pollack would sound like. The author would call for "reforms", for a "need to take a second look at sentencing laws", for more "accountability", and would cite the growing opposition to the Drug War and the DEA, etc., and wonder if it isn't time for some form of "scaling back".
Those opinions are not subtle or nuanced. In fact, they are hardly opinions at all. They are weak, non-committal, quasi-opinionated statements designed to make the people who think they already agree with the author give a little cheer of agreement, while simultaneously avoiding offending people who think they already disagree with the author.
Often the "nuance" or "subtlety" that professional journalists and pundits strive for has the effect of steering them farther away from real truth, be it moral, philosophical, or practical, than a simpler, more direct, less qualified position would be. (Or at least a seemingly simpler position would be.) Take non-defensive wars or other "military actions" (please). Libertarians oppose all wars except as a last resort and in defense against an imminent threat, so we oppose any military intervention in the wars, uprisings, revolutions, and yes, sometimes even genocides of other nations. It is common to see warmongers and other interventionists scoff at our simple-minded, "un-nuanced" understanding of the world, as we reflexively oppose any non-defensive military action our government might take. But their devotion to considering all sides of an issue as if they were all equally valid, all possible advantages of a morally repugnant action as if they might outweigh its intrinsic wrongness, or all the "nuance" and "complexity" and "subtlety" of the winners and losers and gains and losses of any action leads them to support (or maybe just rationalize) offensive and interventionist wars. And they pat themselves on the back for understanding all the "nuances" and "subtleties" of the world better than reflexive anti-war libertarians. As if our anti-war position, because we arrive at it so immediately and easily, lacks nuance and subtlety. But their labeling of us as reflexive, naive, unsophisticated sloganeers itself lacks nuance and sophistication. The truth is directly contrary to their over-simplification. We have arrived at our anti-war position because of all the effects intervention has had and continues to have on innocent people both abroad and at home, and because of the waste and abuse attributable to every powerful military but especially the United States military, in terms of both lives and resources.
The same goes for our seemingly reflexive, un-thought-out positions against taxes, government schools, the War on Drugs, and every other government regulation and program, and our ultimate catch-all answer of "abolish it". To the extent that your professional, scholarly obsession with "nuance" and "subtlety" runs afoul of principles and rights, you have formulated bad opinions and reached wrong conclusions. This is why I'm tired of the veneration of "nuance" and "subtlety" as virtues in their own right. I'm also tired of typing quotation marks around those words, but it's justified because they've almost become meaningless buzzwords the way so many people use them.
My point is that Clark's points couldn't be made in a MSM publication, and certainly not in the way that he made them, which makes me glad that amateur, unedited blogs like theirs exist and sad that professional publications seem so scared to publish anything that sounds extreme or not "nuanced". Sure, building consensus and attracting people to your side of the argument with softer words and less insulting (or less extreme) arguments is valuable and justified sometimes. But so is a rant like Clark's. Judge Giselle Pollack doesn't deserve any kind, gentle, wishy-washy, professional-journalism words; she deserves to fuck off and die in a fire, or at least be imprisoned in a hellhole for as long as the combined total of her previous victims, and so does everyone who has voted to perpetuate the police state that the Drug War has enabled.
Now that the blatant lie "If you like your health care plan, you can keep it" has been exposed and the Obama administration—along with the usual chorus of Democratic devotees and sycophants—is trying to justify, cover up, explain away, and/or forestall the ruinous effects that Obamacare is already having, I wonder why there aren't more liberal pundits and columnists calling the president out on his lie (it was a lie: he knew it to be false and repeatedly said it anyway; higher premiums for relatively healthy people are a feature, not a bug, of Obamacare) and calling for some reforms that allow all those poor and middle-class people to keep the health insurance that they were reasonably happy with. (Note: executive orders to force insurers to ignore part of the law and reinstate some canceled plans does not count as a reform so much as a scary, but hopefully not precedent-setting, act of authoritarianism.)
Now, it's certainly possible that plenty of former (or even current) Obamacare supporters are decrying these widespread insurance plan eliminations and unaffordable premium hikes, and that the only reason I don't notice their admissions of truth is that I don't waste my time reading their blather week in and week out. But I still doubt many of them are admitting anything other than "Obamacare got off to a rough start, but these changes are for your own good, and besides, health insurance coverage will expand! That was Obamacare's only goal!" Actually, it wasn't Obamacare's only goal; one of the most important liberal talking points in the last few years was that Obamacare would decrease premiums for the vast majority of people, thereby decreasing overall healthcare expenditures. They were wrong because their analysis was based in hopeless partisanship and blind Statolatry.
My main point in writing this short post is to note that free-market opponents of Obamacare did predict that most people's insurance premiums would increase and did predict that people's insurance plans would be canceled by the legislation and did predict that the reason for these price hikes and cancellations would be rent-seeking on the parts of providers and pharmaceutical companies.
What's more, it is easy to predict some of the things that will come true of Obamacare in the future. The government will try to institute price ceilings on insurance or medical care to combat the continuously rising prices. It will try to force doctors, hospitals, and provider networks to accept insurance plans that aren't profitable to them, because too many people will complain about being shut out of too many providers and of having too little choice. It will concoct new incentives, financial and otherwise, to recruit bright young students into the medical profession, because the falling salaries and rising hassles will deter many potential doctors from going to medical school. Millions of young, healthy people will continue to abstain from obeying the individual mandate, instead paying the (much lower) fine, until they need the insurance. Left-liberals will find some way to blame every single one of these structural, economic, and medical problems on the free market (or evil profits, or the rich, or Republicans, etc.), impressing us all with their new feats of logical contortionism. And in a few decades, possibly sooner, the next Hillary Clinton or Elizabeth Warren will succeed in saving us all from the inefficiencies and unfairness of Obamacare by forcing us into a Canadian/Scandinavian-style government-run health insurance system, also known as "single-payer", which is an awful misnomer because it really means taxpayer-funded.
We were right about Obamacare, and we will continue being right about Obamacare. Any analysis that doesn't start from free-market principles will inevitably lead to the wrong conclusions.