Author Archive: Glenn Reynolds

HAPPY JUNETEENTH!

UPDATE: From the comments:

EVERY LEFTY SLOGAN HAS AN EXPIRATION DATE:

BOB GRABOYES: Lessons from the Tuskegee Study (Redux): There will never be another Tuskegee. There will always be another Tuskegee.

Ethical breaches associated with Bell’s imperatives for the Deaf, eugenic sterilization, the Tuskegee Experiment, various HeLa experiments, and similar efforts shared a common characteristic—a view that collective good (however defined) outweighed the sanctity of individual lives. In 1910, the American Medical Association’s Flexner Report, which reconfigured the structure of medical education, anticipated traditional medicine’s focus on individual patients giving way to public health’s concern with collective good. The author, Abraham Flexner, saw the physician as a “social instrument… whose function is fast becoming social and preventive, rather than individual and curative.” . . .

Paul Lombardo, a scholar on the history of eugenics, wrote,

“The expansive reach of public health law is justified by the government’s ‘police power,’ the inherent authority to adopt laws to protect health, welfare, and morals, and an exception to the usual expectation that states should not interfere with the property rights or the liberty and bodily integrity of citizens.”

Public health’s enthusiasm for social engineering, Lombardo notes, led to the public health sector’s enforcement roles in preventing marriage between persons with epilepsy, prohibiting interracial marriages, rounding up citizens for sterilization, investigating individuals’ racial ancestry, barring immigrants, as well as the Tuskegee Experiment.

The other common thread in many of these ethical breaches in biomedical research and policy was an illiberal suppression of information flows. Eugenics maintained its respected position longer than otherwise might have been the case, thanks to the stifling of academic dissent.

Superiority complexes lead to morally inferior behavior.

MY OPINION OF BRITAIN HAS DECLINED SHARPLY:

NOT AS GOOD AS “HEADLESS BODY IN TOPLESS BAR,” BUT FIRST CLASS WORK:

OPEN THREAD: Make it march.

MY MOTHER HAS ALWAYS CLAIMED THAT IT DOES: Does Coffee Count Toward Your Daily Water Intake? Here’s What Experts Say. Coffee contains enough water to help. But: “However, Larson adds that high amounts of caffeine might increase fluid loss for some people. This usually happens around 400 milligrams or more, or four or more cups of coffee per day.”

Four cups? Those are rookie numbers.

THE OPINION WAS UNANIMOUS: SCOTUS: One Toke’s Not Over the Line, Sweet #2A. “If you wondered whether you’d ever see a day in which a unanimous Supreme Court ruled that marijuana use was the equivalent to alcohol use at our founding, well, find your calendar and circle today. In a 9-0 ruling authored by Justice Neil Gorsuch, the court threw out an indictment against a man who possessed marijuana on charges of illegal firearms possession [by a user of illegal substances]. And Justice Alito reached back to Bruen and the Founding Fathers to cement Second Amendment rights for pot users.”

Basically, to regulate firearms the regulation has to be consistent with a historic tradition of regulation. Analogizing pot to alcohol, there’s no history of banning gun ownership on the part of alcohol users. Rules against carrying a gun while drunk sure, but that’s not what the case was about. Correctly decided in my opinion.

UPDATE: More here, at the Volokh Conspiracy.