Category Archives: General discussion

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General discussion

Barack Obama versus George Will

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Sunday, George Will issued a column on the public option.  In this column, he argued that public option would drive the private insurance industry out of business.  Among other things, he wrote:

Assurances that the government plan would play by the rules that private insurers play by are implausible. Government is incapable of behaving like market-disciplined private insurers. Competition from the public option must be unfair because government does not need to make a profit and has enormous pricing and negotiating powers. Besides, unless the point of a government plan is to be cheaper, it is pointless: If the public option conforms to the imperatives that regulations and competition impose on private insurers, there is no reason for it.

That struck me as bizarre (I'm thinking of the Postal Service here).  Anyway, it struck Obama as odd as well.  Check out his response to the following question:

QUESTION: Wouldn't that drive private insurance out of business?

 

OBAMA: Why would it drive private insurance out of business? If — if private — if private insurers say that the marketplace provides the best quality health care; if they tell us that they're offering a good deal, then why is it that the government, which they say can't run anything, suddenly is going to drive them out of business? That's not logical.

 

Now, the — I think that there's going to be some healthy debates in Congress about the shape that this takes. I think there can be some legitimate concerns on the part of private insurers that if any public plan is simply being subsidized by taxpayers endlessly that over time they can't compete with the government just printing money, so there are going to be some I think legitimate debates to be had about how this private plan takes shape.

 

But just conceptually, the notion that all these insurance companies who say they're giving consumers the best possible deal, if they can't compete against a public plan as one option, with consumers making the decision what's the best deal, that defies logic, which is why I think you've seen in the polling data overwhelming support for a public plan.

I think Obama is correct to the extent that non profit companies compete in a free market all of the time.  Many hospitals don't need to make a profit, some insurance companies are essentially non profits.  I suppose the only remaining thing is the size.  But, as Obama correctly points out, a large number of people seem to favor that kind of insurance arrangement.  It would seem to be an odd limitation on their freedom to shut off that option.  

General discussion, Plain Bad Arguments, Robert Samuelson

Mission accomplished

Robert Samuelson, opinion writer for the Post, thinks the Press has been too kind to Obama.  They are, he claims, "infatuated" with him; they have, as it were, a crush on Obama.  What is the evidence for this claim?  Why, studies, of course:

Obama has inspired a collective fawning. What started in the campaign (the chief victim was Hillary Clinton, not John McCain) has continued, as a study by the Pew Research Center's Project for Excellence in Journalism shows. It concludes: "President Barack Obama has enjoyed substantially more positive media coverage than either Bill Clinton or George W. Bush during their first months in the White House."

The study examined 1,261 stories by The Post, the New York Times, ABC, CBS and NBC, Newsweek magazine and the "NewsHour" on PBS. Favorable articles (42 percent) were double the unfavorable (20 percent), while the rest were "neutral" or "mixed." Obama's treatment contrasts sharply with coverage in the first two months of the Bush (22 percent of stories favorable) and Clinton (27 percent) presidencies.

Unlike George Bush and Bill Clinton, Obama received favorable coverage in both news columns and opinion pages. The nature of stories also changed. "Roughly twice as much of the coverage of Obama (44 percent) has concerned his personal and leadership qualities than was the case for Bush (22 percent) or Clinton (26 percent)," the report said. "Less of the coverage, meanwhile, has focused on his policy agenda."

Gee.  None of this supports Samuelson's claim that there is "collective fawning" or "infatuation" on the part of the media for Obama.  Besides, he's not even mildly suspicious of the metrics of the study.  What does it mean, for instance, that an article is "favorable"?   Does it advocate Obama's position (whatever that may be) or does it just report that that position enjoys broad support?  Newspapers are filled with all kinds of articles (many of them are of the inside baseball variety); lumping them all together under the simple "favorable/unfavorable" metric is bound to obfuscate questions of bias rather than clarify them.  More importantly, however, increasing "unfavorable" does not entail that the press has grown any more critical or skeptical.  Knee-jerk skepticism in the name of balance is (ironically) worse than none at all.  Finally, its seems wrong to presume, as Samuelson has, that there is some ideal position for the favorable/unfavorable ratings.  Perhaps this is where it ought to be.  But that's another matter.  

Begging the Question, General discussion, Michael Gerson

Impartiality

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When you don't have an argument, you can always just beg the question:

As a young senator involved in judicial nomination debates, Obama showed no deference to presidential choices. Instead, he developed a theory that Supreme Court justices should favor socially unfavored groups. He opposed John Roberts for using his skills "on behalf of the strong in opposition to the weak." He criticized Samuel Alito for siding with "the powerful against the powerless." Obama made these distinguished judges sound monstrous because they stood for the impartial application of the law.

That's Michael Gerson.  The jeune Obama has obviously alleged that the judges were "partial" to the interests of the powerful.  Obama is not, in fact, referring to Roberts's behavior as a judge.  But that's another point.  If one reads the whole passage (and not just the heavily elided selection featured on right-wing blogs), Obama addresses Gerson's "impartial application of the law" objection:

There is absolutely no doubt in my mind Judge Roberts is qualified to sit on the highest court in the land. Moreover, he seems to have the comportment and the temperament that makes for a good judge. He is humble, he is personally decent, and he appears to be respectful of different points of view. It is absolutely clear to me that Judge Roberts truly loves the law. He couldn't have achieved his excellent record as an advocate before the Supreme Court without that passion for the law, and it became apparent to me in our conversation that he does, in fact, deeply respect the basic precepts that go into deciding 95 percent of the cases that come before the Federal court — adherence to precedence, a certain modesty in reading statutes and constitutional text, a respect for procedural regularity, and an impartiality in presiding over the adversarial system. All of these characteristics make me want to vote for Judge Roberts. 

The problem I face — a problem that has been voiced by some of my other colleagues, both those who are voting for Mr. Roberts and those who are voting against Mr. Roberts — is that while adherence to legal precedent and rules of statutory or constitutional construction will dispose of 95 percent of the cases that come before a court, so that both a Scalia and a Ginsburg will arrive at the same place most of the time on those 95 percent of the cases — what matters on the Supreme Court is those 5 percent of cases that are truly difficult. In those cases, adherence to precedent and rules of construction and interpretation will only get you through the 25th mile of the marathon. That last mile can only be determined on the basis of one's deepest values, one's core concerns, one's broader perspectives on how the world works, and the depth and breadth of one's empathy.

In those 5 percent of hard cases, the constitutional text will not be directly on point. The language of the statute will not be perfectly clear. Legal process alone will not lead you to a rule of decision. In those circumstances, your decisions about whether affirmative action is an appropriate response to the history of discrimination in this country or whether a general right of privacy encompasses a more specific right of women to control their reproductive decisions or whether the commerce clause empowers Congress to speak on those issues of broad national concern that may be only tangentially related to what is easily defined as interstate commerce, whether a person who is disabled has the right to be accommodated so they can work alongside those who are nondisabled — in those difficult cases, the critical ingredient is supplied by what is in the judge's heart.

I talked to Judge Roberts about this. Judge Roberts confessed that, unlike maybe professional politicians, it is not easy for him to talk about his values and his deeper feelings. That is not how he is trained. He did say he doesn't like bullies and has always viewed the law as a way of evening out the playing field between the strong and the weak.

I was impressed with that statement because I view the law in much the same way. The problem I had is that when I examined Judge Roberts' record and history of public service, it is my personal estimation that he has far more often used his formidable skills on behalf of the strong in opposition to the weak. In his work in the White House and the Solicitor General's Office, he seemed to have consistently sided with those who were dismissive of efforts to eradicate the remnants of racial discrimination in our political process. In these same positions, he seemed dismissive of the concerns that it is harder to make it in this world and in this economy when you are a woman rather than a man.

As I tell my Critical Thinking class, it's just not that hard.  I just don't understand why Gerson can't do what every phil 101 student must do in order to earn a C.

General discussion

Team players

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I pick on "conservative" columnists a lot here.  I've noted elsewhere (click here) why this is so.  Now I am not the only one making this observation. From County Fair:

Last week, I noted that the numerical advantage conservatives have on the nation's op-ed pages doesn't tell the whole story:

There's a huge qualitative difference between the conservatives given newspaper columns and their progressive counterparts as well. The conservatives tend to be more partisan, more aggressive, and more reliable advocates for their "team."

The Washington Post employs as a columnist Bill Kristol, a hyperpartisan neocon Republican strategist who has been a key player in GOP efforts to block health care and start unnecessary wars. Who is supposed to be Kristol's counterpart? Richard Cohen, who opposes affirmative action, supports torture, and attacked liberals who opposed Kristol's war in Iraq?

Now, here's what you see if you turn to the op-ed page of today's Washington Post:

Former Bush speechwriter and current Post columnist Michael Gerson on "The Democrats' Assault on the CIA."

Conservative Post columnist Kathleen Parker on chaos in the GOP.

Former Bush aide Ed Gillespie, misleading readers about his party's historical reaction to Supreme Court nominees by Democratic presidents.

Centrist Post columnist David Ignatius on President Obama's approach to Israel

Liberal Post columnist Ruth Marcus writing about her new puppy.

So that's three conservatives, including two former Bush aides, a centrist, and a progressive. One conservative attacking Democrats, one conservative misleading readers about the Supreme Court and attacking Democrats, one conservative noting disarray in the GOP, and a liberal writing about her dog.

I invite those who hunger for balance on this page to produce the party-line liberal columnists in national newspapers.

Charles Krauthammer, General discussion, ignorance of basic matters of logic, Inexplicable

Use mention torture

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If one consumes enough news and commentary, one begins to notice the same (crappy) arguments over and over in certain circles.  This of course can happen anywhere–on the right, or on the left.  The left, however, in my unscientific opinion, just doesn't have the discipline or organization or perhaps heart to carry it off very well.  Few, I think, will repeat Richard Cohen's latest ideas.  That's not a virtue, however.  It kind of reminds in fact of the old paradox of moral weakness: vice plus moral weakness equals virtue.  Not having the stamina to be evil, I end up doing the right thing.

Back to the point.  There's an argument that's been rolling around the world of torture justifying commentary lately. It goes something like this:

MILLER: And I’m going to move beyond that and say the pertinent question to me is, is it necessary. Where do you stand on this?

KRAUTHAMMER: You know, I’m in the midst of writing a column for this week, which is exactly on that point. Some people on the right have faulted me because in that column that you cite I conceded that waterboarding is torture. Actually, I personally don’t think it is cause it’s an absurdity to have to say the United States of America has tortured over 10,000 of its own soldiers because its, you know, it’s had them waterboarded as a part of their training. That’s an absurd sentence. So, I personally don’t think it is but I was willing to concede it in the column without argument exactly as you say to get away from the semantic argument, which is a waste of time and to simply say call it whatever you want. We know what it is. We know what actually happened. Should it have been done and did it work? Those are the only important questions.

Never mind the fact that Krauthammer writes stuff he doesn't believe (without saying so).  He reasserts the manifestly absurd argument that anything done in the SERE program (Survive Evade Resist Extract) cannot be torture, as that would mean we have been torturing our own people.  The SERE program however trains people to resist the kinds of illegal torture used by our illustrious enemies.  Part of the training involves a little taste.  (Someone who went through this training tells me in his final paper for one of my spring courses (true story) that even that little taste can give you raging nightmares).

Not content with that line, Krauthammer, who fancies himself some kind of logician, pats himself on the back for having avoided the "semantic argument."  The semantic argument, in this case I suppose, is whether you call something torture or not.  That's important.  Because if it is torture, then it broke the law, and if it broke the law, then there ought to be prosecutions.  That's the problem with legal semantics.  In the end someone goes to jail.

But that's just what's so absurd about this line of reasoning.  Krauthammer makes a semantic claim–we cannot by definition torture our own people ("it's absurd!")–in order to claim that waterboarding isn't "torture."  But that's just to confuse "use" and "mention."  What's "use" and "mention"?  Well, if I pretend torture my own guy to show him what to expect, I am "mentioning" torture.  I don't really do it, I just kind of do it.  This is kind of like acting.  The actors don't really say the things they say ("I'm going to kill you"), they mention them.  Using torture, on the other hand, is illegal. 

General discussion, Hasty Generalization, Richard Cohen, Straw Man, Suppressed Evidence

White whine

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White men can't catch a break these days.  First, the white guy lost the Presidential election, now the winner gets to appoint someone to the Supreme Court.  Though Obama has so far said nothing, this hasn't stopped speculation of the weirdest variety:

 

That's a stock image of an average white guy in a tie (from istockphoto.com), not, as one might have imagined, some shunned potential Supreme Court nominee.  Now Richard Cohen–liberal columnist in the Washington Post–expresses his deep concern over the fate of white men under the impossible burden of affirmative action.  He writes:

As the time approaches for President Obama to choose a successor to Justice David Souter, the term "litmus test" will be heard throughout the land. The White House will deny applying any such thing, but the nominee will undoubtedly be chosen according to where she stands on abortion, unions and other issues beloved by liberals. This is fine with me, but what I want to know is where she stands on Frank Ricci. He's a firefighter.  

What follows is a detailed description of Ricci's case (recently argued before the Supreme Court)–how he's been discriminated against on account of his being white, and so forth.  That may be, and by Cohen's very sorry description of the case, it looks absurd.  But as a general rule absurd arguments do not make it all the way to the Supreme Court, so one might wonder.  But that's not the point anyway.  Cohen seems to take this particularly absurd case as representative for how affirmative action needs to end, since, of course, racism is over and so forth (because "For most Americans, race has become supremely irrelevant. Everyone knows this. Every poll shows this.").

It's worse than this, however, because affirmative action (as demonstrated by Cohen's extreme example) is profoundly unfair in principle (like trying to "square a circle."):

Liberalism, a movement in which I hold a conditional membership, would be wise to get wise to what has happened. Blatant affirmative action always entailed a disturbing and ex post facto changing of the rules — oops, you're white. Sorry, not what we wanted. As a consequence, it was not racists who were punished but all whites. There is no need to cling to such a remedy anymore. There is, though, every need to retain and strengthen anti-discrimination laws, especially in areas such as fire departments, where racial discrimination was once endemic. Sufficient progress has been made to revert to treating individuals as individuals. After all, it is not some amorphous entity called "whites" who will suffer: It is un-lieutenant Ricci.

Bill Clinton tried to square the circle of affirmative action in his "Mend It, Don't End It" speech of 1995. It was a moving and eloquent address in which he recounted his region's history, reminding us of the depth and ferocity of racism in the South and elsewhere. Trouble is, the New Haven case proves that affirmative action was not mended at all. It remains noble in its ends and atrocious in its means, and it now provides Obama the chance to use his own family's history — indeed his own history — to show why it ought to conclude.

Affirmative action was never meant to "punish" racists by excluding them from employment.  This underscores Cohen's failure to grasp both the concept of affirmative and the facts of the case he discusses (his only reference is an op-ed in the Wall Street Journal by two conservative think-tankers).  One can found more background on the relevant legal questions here.  Without the necessary and obvious context, Cohen's ranting sounds a bit like this.

Equivocation, General discussion, Michael Gerson, Suppressed Evidence

Viginti quattuor

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Michael Gerson confuses sophistical pseudo-skeptical hand wringing with actual moral deliberation.    

The Justice Department memos raise a question: Can coercive interrogation ever be justified? Few Americans would object to the slapping of a terrorist during questioning, for example, if this yielded important intelligence. The coercion would be minimal; the goal of saving lives, overriding. Few Americans, on the other hand, would support pressuring a terrorist by torturing his child. Such a heinous act could not be justified in pursuit of an inherently uncertain outcome — securing information that may or may not prevent greater loss of life.

So the use of coercion in interrogations lies on a continuum of ethics and risk. Lines must somehow be drawn on the slippery slope — the difficult task that Justice Department lawyers were given. On which side of the line should waterboarding lie? It is the hardest case. The practice remains deeply troubling to me, and it was discontinued by the CIA in 2003 after being used on three terrorists. But some members of Congress, it is now apparent, knew of the technique and funded it. The decision was not easy or obvious for them. It was just as difficult for intelligence and Justice Department officials in the months of uncertainty following Sept. 11.

And, skipping a paragraph:

Some have dismissed this argument as "moral relativism" or the assertion that the ends justify the means. But this betrays a misunderstanding of ethics itself. The most difficult moral decisions in government are required when two moral goods come into conflict. Most of us believe in the dignity of the human person, a principle that covers even those who commit grave evils. Most of us believe in the responsibility of government to protect the innocent from death and harm. Government officials pursue both moral goods in a complicated world. In retrospect, they may sometimes get the balance wrong. But national security decisions are not made in retrospect.

I suspect that most Americans, in considering these matters, would come to certain conclusions: There should be a broad presumption against harsh interrogations by our government. An atmosphere of permission can result in discrediting crimes such as Abu Ghraib. But perhaps in the most extreme cases — when the threat of a terrorist attack is clear and serious — American officials may need to employ harsh questioning, while protecting terrorists from permanent injury. In broad outlines, this approach is consistent with the Justice Department memos.

Moral deliberation would seem at least to involve knowing what is minimally acceptable conduct.  Luckily, sometimes what is acceptable is just obvious, there is, for instance, no right time and right place and right woman and right way to commit adultery, so says the Stagirite at least (Nicomachean Ethics II.6, 1107a8-12).  On that analogy, water boarding, and various other techniques considered torture by the US military and the FBI (to name a few relevant organizations) is torture.  Redefining the words (now it's "harsh interrogation") and feigning skepticism (on which side should water torture, ahem, waterboarding lie?) about their meaning and application because of worries about a TV show scenario shocks the conscience.

Charles Krauthammer, General discussion, Logic, Plain Bad Arguments, Things that are false

Credibility Problem

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I should keep up on these things, but April 22nd was the sixth anniversary of the following remark by one of our favorite commentators, Charles Krauthammer:

Hans Blix had five months to find weapons. He found nothing. We’ve had five weeks. Come back to me in five months. If we haven’t found any, we will have a credibility problem.

That was 2003 (Thanks Crooked Timber).  At that same event, Krauthammer also said:

I want to talk about the meaning not just of the war in Iraq, but of the war on terrorism. There was a book written about 40 years ago by a man called Joseph Jones, who was in the State Department in 1947. He wrote a book called "15 Weeks." It was the 15 weeks between the day on which the cable arrived from London saying that the British had given up on Turkey and Greece and were pulling out and the announcement that the Harvard commencement by George Marshall of the Marshall Plan.

Those 15 weeks, in 1947, redefined the world, redefined American foreign policy, began the policy of containment, and stand as one of the great sort of intellectual revolutions in modern diplomacy.

I would argue that we have now lived through the 19 months, which stand on an equal plain in their audacity, success and revolutionary nature. The 19 months, of course, are from September 11th, 2001, to April 9th, 2003, a period which, in responding to an attack out of the blue, this administration has redefined the world, reoriented American foreign policy, and put in place a profound new approach which I think will stand with the 15 weeks in history as one of the more remarkable achievements, both intellectually, militarily and diplomatically, and done by a foreign policy team, national security team, which I believe is the most successful and the most impressive since the Truman-Atchison-Marshall team and the others of the late 1940s.

The war in Iraq is simply a battle in this larger campaign and then this larger conceptual structural, and it was characterized by the immediate understanding by the administration in 2001, after 9/11, that the successor to the great ideological wars of the 20th century had presented itself to us, that just as communism was the successor to fascism, in terms of the Cold War being a successor to the second World War, the war on terrorism was now the successor to those great ideological struggles that the 10-year period of the hiatus, the dream sleep that we had in the 1990s had evaporated, and we were in a new world.

And it correctly understood that the struggle was against terrorism in the context of weapons of mass destruction, that the war on terrorism had been entirely misconceived as a war on individuals, a war involving law enforcement, that it was seen as a matter of policing, and trials.

What was understood was the war on terrorism is a real war, and the war had to be taken to the enemy, and it was a war that involved states, that terrorism can only live among states, can only be supported by states and that the distinction had to be made between states which were supporting terrorism, which would inherently be our enemies and states which were not. The war in Afghanistan followed. The war in Iraq has followed.

It's new to me that wars have "successors" in anything but an accidental historical sense (one event or period following another).  Here's the more basic point.  We can all be wrong about predictions.  I've been wrong on occasion–this is going to be the best taco ever! (I've learned to withhold judgment on taquerias).  But Krauthammer is still employed by the Post.  If there going to continue to employ him–seems they will as pundit tenure is better than actual academic tenure–perhaps they (he if he were honest) ought to remind readers of his record as a prognosticator.  

UPDATE:

Again via Crooked Timber, here is a very worthwhile site: http://wrongtomorrow.com/

General discussion

Ends and odds

Two things.  In my web edition of the New York Times this morning (6:36 AM Central time right now) there are the following two headlines:

At Core of Detainee Fight: Did Methods Stop Attacks?

and right below it:

Taliban Seize Vital Pakistan Area Closer to the Capital

I thought that was interesting.  Also for fun, perhaps some of you would like play along at home by identifying the errors of reasoning in this discussion of torture (about the middle of the page–still no video here and I haven't found a transcript of the discussion yet.).