At the Edge

Commentary on the Big Issues

Category: Politics

A Quick Note on France

Haven’t been able to post much on here — and will not for another month or so — because I’m extremely busy at the moment. But I will say one thing: I hope En Marche! wins.

Update: En Marche! has won, and I’m relieved. But the fact that right-wing populism came so close to victory is deeply regrettable.

American Health Care Act

I predicted that the Republican healthcare plan wouldn’t be good, here and here. My prediction was correct. The American Health Care Act is an utter failure. In this post, I’m going to talk about the specific characteristics that make the AHCA a failure, though I think John Oliver’s excellent piece on the subject sums it up.

The AHCA makes a few key changes to Obamacare. First, it slashes Medicaid substantially, by preventing registration for the ACA Medicaid expansion after 2020, defederalizing it and block granting it to the states, and, in the words of Speaker Paul Ryan, “capping its growth rate.” Second, it changes the income-based tax credits of Obamacare, and makes them age-based, while substantially reducing the amount of money given to people. Third, the individual mandate is repealed, and a different penalty is introduced. The bill has a lot of issues. I’m going to talk about (1) the harmful effects of the new penalty, (2) the structure of the new age-based tax credits, (3) higher premiums for the old, the poor, and the middle class, (4) the damage to Medicaid, and (5) as a result of all of these things, lower coverage.

Penalty. The new penalty for not buying insurance is especially punishing to the poor. In general, people in higher income brackets sometimes pay less than the poor, and the poor pay more in the mandate.

Tax Credits. The tax credits are structured in an especially bad way. Those who’re poor often get less than the rich. And the tax credits are substantially smaller. According to the Kaiser Foundation, low-income groups often obtain lower tax credits under the AHCA. Substantially lower than what the ACA gives them. To quote Vox:

[A] 40-year-old making $20,000 (or 160 percent of the poverty line) would get $4,143 in subsidies under the ACA but only $3,000 under the GOP plan. A higher-earning 40-year-old, making $75,000 annually, would get no tax subsidy under the ACA but $3,000 under the Republican plan.

Premiums. While estimates suggest a moderate reduction in healthcare premiums in the long term, the CBO suggests that, for older, poorer Americans, an increase in premiums by 750% is expected. The CBO’s own example is that of a 64-year-old individual earning $26,500 annually. That person would be forced to pay $14,600 for premiums, more than half their annual income, as opposed to the current $1700 in premiums. While there would be moderate reductions in premiums for younger individuals, there would be massive rise for older persons.

Medicaid. Curtailing Medicaid to this extent isn’t a good idea outside of the reasons already mentioned above. Simply, it portends a future in which the Republican Party might decide to stamp it out entirely and rely on the free market — which, as I’ve explained before, is a really bad idea; in short, because the private health insurance industry has a strong incentive to raise prices, and the free market doesn’t solve.

Coverage. The Congressional Budget Office estimates substantial difference in terms of the number of people insured. According to this estimate, by 2018, 14 million less people will be insured under this plan, 21 million lower in 2020, and 24 million in 2026, relative to the Affordable Care Act. The bill is especially hard on the middle class, because either there are people who make too much to qualify for Medicaid but still can’t entirely afford premiums, who will eventually drop their health insurance, or the people who maintain their coverage but only require preventive care, who won’t meet their deductible under this plan at all (considering the effect on premiums) — both these kinds get frustrated and drop their insurance. Meanwhile, those who rely on Medicaid, i.e. the poor, lose out too, as I will explain below.

President Trump discussing a replacement for Obamacare with lawmakers. Photo Credit: Vice President Pence @ twitter, via Wikipedia. Public Domain image.

In summary, the healthcare plan harms both the poor and the middle class of the United States, causing so many people to opt out of health insurance in the long term that the industry itself may fall. While there is a moderate decrease in premiums for the upper middle-class youth and insubstantial difference for the wealthy, the remaining middle-class and the poor are hit hard, because of the penalty, the poorly structured tax credits, the harms to Medicaid, and higher premiums for the poor and the middle class, which, together, reduce insurance coverage.

I probably won’t post anything again this week, because I’m pretty busy, but I’ll try to post more in the upcoming weeks to keep up with my attempt at posting once a week.

President Trump’s America

Donald Trump is among the more controversial presidents in American history, with historically low approval ratings of 41% according to a Gallup poll, one of his landmark executive orders blocked by the Ninth Circuit, and anti-Trump protests all across the United States. In this post, I’m going to explore how President Trump has fared so far.

President Trump has signed an average of 1.5 executive orders per day — still short of his predecessor’s first week in office. In any case, President Trump has been active, and I’m going to take a look at what he’s done so far.

(1) Trump’s executive order on Obamacare was his very first, merely hours after taking the oath of office, rolling back the ACA financially. The implications of it weren’t substantial in terms of actual policy, but they sent a clear message: President Trump actually intends to repeal the Affordable Care Act. That’s a proposal I have criticized in previous posts, such as one about the Affordable Care Act and one criticizing Republican healthcare policy, but, in short, would cause about 19.7 million people to lose insurance in a single year, destroy 3 million jobs and result in a “$1.5 trillion reduction in gross state product from 2019 through 2023.” The reduction in taxes would add to the strain even more.

(2) Trump’s order to reduce regulations didn’t make sense. In his order, it was essentially a “two-for-one” guideline: for every one regulation introduced, two had to be repealed. The problem is that it’s completely arbitrary, merely a classically Republican rhetorical flourish suggesting that there are “too many regulations.” The reality is that some heavily important regulations might be lost, or might not be introduced, in the process, and even if Trump wanted to reduce regulations, he should have reviewed and deleted those that he deemed unnecessary. The number of regulations doesn’t matter: the necessity of them matters. This order was just absurd.

(3) Trump’s heavily controversial executive order on immigration, specifically with regard to immigration from seven countries, has actually resulted in strikes, and has been struck down as unconstitutional by the Ninth Circuit. It’s probably unconstitutional on many levels: it violates the Fifth Amendment which allows for due process of law, the Fourteenth Amendment which asks for equality, and the fact that “national origin” is actually a suspect classification. Some lawyers have suggested that Trump deliberately made the EO unconstitutional so it would get repealed. In any case, it is overly vague (e.g. made green card holders suffer), harmful to people whose condition the U.S. is directly responsible for (e.g. military translators), and won’t have any effect on terrorism outside of propaganda.

(4) Trump’s orders to restart construction of oil pipelines, the Keystone XL extension and the Dakota Access pipelines, have similarly met with controversy, since they’ve made approval of those pipleines probable, which is problematic for a simple reason: the environmental effects of these pipelines. First, the risk of an oil spill could cause water poisoning for indigenous people. Since 2010, the operator of the Dakota pipeline has been responsible for more oil leaks than any other pipeline operators. Second, these pipelines would be dangerous to wildlife, with species like the whooping crane and swift fox threatened by these pipelines. The potential of an onshore oil spill is also dangerous. Wildlife extinction is harmful because it could cause ecological collapse, and because, as I’ve explained earlier, animals have rights. Third, the pipelines could harm the fight against climate change. For instance, the Keystone XL extension utilizes tar sands to extract oil, which could result in massive greenhouse gas emissions. Furthermore, the level of oil access it would create would essentially cut off efforts to move to clean energy.

(5) The deletion of references to climate change from the White House website is concerning because it appears President Trump is serious about his views on climate change — which is particularly harmful because climate change is a massive threat. The President’s disagreement with the scientific consensus, which was firmly established through this, could pose an existential threat to the human species itself. As philosopher and social critic Professor Noam Chomsky notes, the Republican Party’s position on climate change merely accelerates the world into disaster, and that the GOP could even be the “most dangerous organization in world history.”

(6) The new POTUS’s first military raid was conducted in Yakla, in central Yemen, and has been described as “botched,” with one member of the Special Forces team dead, and 30 Yemeni civilians killed, including an eight-year-old. The intended target of the raid is still alive. The raid received heavy criticism, with John McCain characterizing the raid as a failure, with a typical response from the President on Twitter which said McCain didn’t “know how to win anymore.”

(7) Reinstating the “Mexico City” policy, as Trump did with an executive order on January 23rd, has blocked American funding to foreign NGOs who perform abortions. This has been heavily criticized, and for legitimate reason: it won’t reduce abortions, but make them less safe and cause the deaths of thousands of women across the world. The reason is obvious: politically appealing to religious conservatives; or, worse, an indicator of the President himself being a religious conservative.

(8) Trump reorganized the National Security Council to include, among others, “chief strategist” of the Trump Administration, Steve Bannon. Bannon oversaw Breitbart News, a notably far-right news agency. This move has been criticized by President Obama’s National Security Advisor, Susan Rice, as “stone cold crazy.” Furthermore, his downgrading of the Director of National Intelligence and Chairperson of the Joint Chiefs of Staff has been criticized from both sides of the aisle.

(9) The proposed repeal of the Johnson Amendment is another extremely concerning potential policy of the President, with him vowing to “totally destroy” the Johnson Amendment, a provision that limits the political speech of tax-exempt organizations (e.g. churches). The reason “destroying” the Amendment is problematic is because it would encourage massive conservative organizations to influence politics, and blur the line of separation between the church and the state in one of the world’s few states that has succeeded in achieving true secularism under the freedom of expression. If religious institutions have so much influence over the government, it would likely result in heavily conservative policies: such as restrictions on abortion rights, LGBT+ equality, et cetera.

President Trump signing the Presidential memoranda to revive the Keystone XL and Dakota Access pipelines. Public Domain. Source: Wikipedia.

Conclusion

President Trump hasn’t done too well so far. His policies have been typically conservative, with massive implications to egalitarianism, environmental policy, foreign policy, and healthcare. The “Mexico City” policy will cause thousands of deaths. The raid in Yemen has been a botched failure. His apathy toward solving climate change could pose an existential threat toward the human species. The construction of the oil pipelines increases risk of a leak, and poses a massive threat to both humans and wildlife. The executive order on Obamacare would strip millions of people of their health insurance.

All of these actions, if they actually work in achieving their objectives, would likely be exceedingly dangerous to the people of America, and essentially purge President Obama’s relatively better legacy in terms of domestic policy. There’s little wonder that the current POTUS has been one of the most controversial and least approved presidents in U.S. history. Will he defy these negative expectations? It looks unlikely — but only time will tell. 

The War on Drugs

The War on Drugs — America’s campaign against the drug trade — has been a failure. Yet, American politicians refuse to see this unfortunate truth. In this post, I’m going to argue that the U.S., and much of the developed world, for that matter, should decriminalize recreational drug usage, as the best solution to the problems drugs present.

Fuerza del Estado Michoacán.jpg

A picture from a confrontation in the Mexican Drug War. Public Domain.

Image: By Diego Fernández (autor original) / vendida con “copyright compartido” a la Agencia de Fotografía AP México (autor secundario) – self-made / publicada en La Jornada México (fuente de consulta secundaria) AP otorga permiso de difusión en dicha publicación, Public Domain. 

I believe that drugs should be decriminalized because the status quo has substantial harms, classified as follows: the black market in drugs, the disproportionate effect on marginalized groups, and the violation of the right to choose.

Black Market

When drugs are illegal, the drug trade occurs within the black market. That’s how people get drugs anyway. But the black market is substantially more dangerous, for multiple reasons, the most important one being crime. Ending the War on Drugs would allow for U.S. legal drug business to compete against the black market, and win (due to things like lower costs [70-80% cost drop is predicted] and, quite simply, legality) — legal businesses tend to compete illegal ones out of business.

However, continuing the War on Drugs would fuel the black market, and the illegal drug trade would create huge problems in terms of crime and violence. The direct harm of the War on Drugs, then, exacerbates with military violence. There are five problems created by the black market in drug trade: gang violence in the U.S. and Mexico, funding insurgent groups and terrorist networks, the direct casualties of military action, access to children, and greater health risks from drugs.

Gang Violence. The black market causes substantial violence within the United States, and in its borders. American drug demand fuels most of Mexico’s cartels, creating much of the violence along the U.S.-Mexico border. It also fuels American cartels — cartels that fight with competitors, and engage in armed robbery and similar black market activities (i.e. gang violence).  The Global Commission on Drug Policy explains:

The global war on drugs has failed . . . prohibition has failed in tackling global consumption of drugs, and has instead led to the creation of black markets and criminal networks that resort to violence and corruption in order to carry out their business. This drug-related violence now threatens the institutional stability of entire nations.

 

Terrorism. Black market trading in drugs funds insurgent groups and terrorist networks. Mark Kleiman, et al. explain,

“Drug revenues support insurgents, other armed non-state actors, and corrupt officials, while counternarcotic efforts create hostility to state power. None of this would be true if the drugs and crops in question were made legal.”

A crucial example of this is the Taliban — the opium trade is the main source of revenue for the Taliban. Drug legalization would help fight such major criminal networks.

Military Action. In some respects, the War on Drugs is literally a “war” — major portion of it involves military action. The reason for this is simple: the government needs to fight the sort of dangerous gangs and criminal networks that trade in drugs. 1,100 people are murdered within the U.S. every year due to the War on Drugs. American involvement in the drug wars of Mexico and Colombia have even larger impacts, in the form of fighting cartels — with staggering death tolls in those respective theaters, alongside millions displaced.

Children. In the status quo, in various countries — including the United States — ghettoized or homeless children are often a target to sell street drugs to; they become the victims of drug abuse. Even “young children” are often addicted in many parts of Kenya. This is unique to the black market because illegal drug sellers frequently market their drugs toward children, and get them addicted to drugs for their profit. The problem is substantially reduced when drugs are legal, because under a legal system, drug sale is going to be regulated and isn’t going to go to children.

Health. Black market drugs are frequently adulterated with toxic substances — a cost-saving measure. Multiple drug addicts and users, therefore, face substantially more negative effects when black market drugs are used. This adulteration also causes further harms such as heavy metal poisoning. However, in a legal setting, organizations like the FDA can ensure that drugs are regulated, tested for poisoning and purity, and given warning labels, allowing for information that drugs are unhealthy (that some people — like children — actually don’t possess). Furthermore, under illegality, there’s no means to issue clean needles, to prevent diseases like HIV/AIDS from spreading due to illegal drug use.

In conclusion, the black market in drugs causes multiple fatalities due to criminal networks, provides access to children, and poses a major health risk.

Minorities

The War on Drugs has a disproportionate effect on socially marginalized groups: African-Americans, Hispanics, the working class, and the socio-economically disadvantaged have all been disproportionately affected by the Drug War. I argue that this offers sufficient reason to end the War on Drugs. There are a couple of ways in which the War on Drugs perpetuates racism and classism; I’m going to look at two key things. First, I’m going to look at how the criminal justice aspect of the Drug War harms minorities. Second, I’ll talk about why black market drugs disproportionately affect communities of minorities.

The first issue is criminal justice. Although African-Americans in the U.S. aren’t more likely to use drugs, they’re more likely to get incarcerated for drug offenses. A 2009 report from Human Rights Watch reached a similar conclusion: the War on Drugs is a classic example of structural racism against African-American communities. When African-Americans are sentenced for drug-related offenses, they’re more likely to have longer, harsher sentences too — according to a 2012 report from the U.S. Sentencing Commission, drug sentences for African-Americans were 13% longer than drug sentences for whites between 2007 and 2009.

Why are there such substantial racial disparities caused by the Drug War? The most important reason is that white people tend to have greater political influence than minorities. This means police officers are more likely to enforce drug laws in neighborhoods without substantial numbers of rich elites, who disproportionately tend to be white people. An analysis by Project Know found that drug laws were disproportionately enforced in black-majority communities. Since police officers get funding through drug arrests, they target the places where it’s easy to make arrests: neighborhoods with poor economic conditions (i.e. those where drug users are more likely to abuse drugs openly). In other words, white drug dealers are (1) too rich and powerful for police officers to bother arresting, and (2) tend to sell drugs indoors, which means police officers get easier drug arrests by arresting black people.

Furthermore, the for-profit prison industry continues to perpetuate the flawed notion that imprisonment is a solution to things like poverty, which explains the class-based targeting of individuals for drug offenses. Since African-American individuals are likely to be poor, they’re targeted in a similar manner. This is combined with the fact that people in power have an incentive to perpetuate fear of drugs. Political critic Noam Chomsky explains:

[T]he fear of drugs and the fear of crime is very much stimulated by state and business propaganda. The National Justice Commission repeatedly points out that crime in the United States, while sort of high, is not off the spectrum for industrialized societies. On the other hand, fear of crime is far beyond other societies, and mostly stimulated by various propaganda. The Drug War is an effort to stimulate fear of dangerous people from who we have to protect ourselves. It is also, a direct form of control of what are called “dangerous classes,” those superfluous people who don’t really have a function contributing to profit-making and wealth. They have to be somehow taken care of.

The Drug War functions alongside means to disenfranchise black people — photo ID laws, gerrymandering, zoning laws, and so on — to ensure that the upper classes dominate the electorate. This isn’t some conspiracy theory: it is fact, and most research agrees. [Note: It’s more nuanced and complicated than this, but this is essentially the base of it.] What’s the harm? The mass-incarceration of these youth leads to a stripping of economic productivity — further reducing the quality of life of socioeconomically disadvantaged minorities. Ending the War on Drugs is ending the subjugation of minorities through criminal justice. 

The second issue is that minority communities are disproportionately targeted by the black market in drugs, and the lack of rehabilitation worsens the problem. The black market creates drug-dominated neighborhoods, focusing on poor African-American and Hispanic communities, leading to a deterioration in the quality of life in such neighborhoods. When drugs are legalized, there’s no “targeting” of neighborhoods by the legal market — ensuring that people aren’t essentially coerced into doing drugs.

Freedom

The right to liberty is a fundamental right — and it is the right that grounds all other fundamental rights (i.e. the right to life, property, equality, and so on). There are only two conditions when the government can infringe on the freedom of an individual: either (1) if the action would result in harm to any non-consensual other, or would overall be detrimental to society, or (2) if the person who makes the choice is unable to make such a choice entirely. The latter is something that very rarely occurs, and I’m not going to explore that in too much detail — mostly, it’s in the case of adolescents and kids who don’t have a sufficiently developed brain to make the choice to, for instance, drive, or consume alcohol. This idea is encapsulated in John Stuart Mill’s harm principle:

The only purpose for which power can be rightfully exercised over any member of a civilized society, against [their] will, is to prevent harm to others.

Why is the right to liberty, when these conditions are not met, a fundamental right? First, the right to liberty gives the government political legitimacy. Before the State existed, in the “state of nature” or the “natural condition of humankind,” individuals were entirely free from any form of restraint by the government. We consent to give up some of this liberty in exchange for preventing harm to ourselves, which we didn’t consent to. We want our conditions to be better. Therefore, the only legitimate purpose of the State is to prevent harm to people who didn’t consent to the “harm.” This is enriched by the right to liberty, and forms a limiting principle that the government cannot cross.

Second, the harm principle allows individuals to subjectively weigh costs and benefits. The government typically legislates in order to maximize the interests of the people — but when there’s no interpersonal calculation of interests, and only intrapersonal ones, those interests are subjective. Thus, only the individuals themselves can weigh those interests.

Why is this relevant to the War on Drugs? Quite simply, drug use is a self-regarding act. There’s no substantial third party harm — any of it is outweighed by the harm from continuing drug prohibition. While the choice to use drugs might sometimes be illegitimate (especially with overly addictive drugs which you want to quit using but can’t), most often, it is a perfectly legitimate choice, that the government shouldn’t infringe on — at least for individuals above the age of 22 or so, when they can make decisions for themselves. To be sure, drug use is a bad thing, but it’s going to continue anyway — so the government shouldn’t go beyond its legitimate limits to constrain things simply because they’re “bad.” Ending the War on Drugs protects the right to choice.

Conclusion

I’ve shown you that the War on Drugs fuels a dangerous black market, disproportionately harms marginalized groups, and violates the right to choice. What are the implications of these three truths? The answer: we must end the War on Drugs, immediately. But that’s not as straightforward as that sounds. What do I support in the process of ending the War on Drugs?

First, I think that drug use — of any recreational drug — shouldn’t be treated as criminal activity. In the case of addiction, it should be treated as an activity that should be prevented by rehabilitation. We ought to have free drug rehabilitation programs and no prison sentences for any nonviolent drug offenders, to integrate them back into society.

Second, I think the use of most soft drugs and certain hard drugs — specifically, those that the black market feeds on — should be legal. I don’t advocate the legalization of every single drug — just certain drugs to ensure that this dangerous illegal activity doesn’t continue. These drugs are obviously going to be regulated in terms of purity, the age of consumption, etc. and we’re going to ensure that people of certain communities aren’t targeted.

The War on Drugs has been an abject and total failure — causing thousands of deaths every year, violating the freedom to choose, and disproportionately harming socially marginalized groups. It’s time to end this repression of the people, by ending the War on Drugs.

Free Market Healthcare

The Republican Party is bent upon abolishing the Affordable Care Act — to fulfill both blind ideological dogmatism and gain political capital based on their so-called “free market” policies. Similarly, in India, the Finance Ministry has continued to slash healthcare spending by massive amounts in the name of abstract principles of “fiscal responsibility,” and “free markets.”

All of them are wrong. They’re wrong because free market healthcare doesn’t work — that is objectively the case. The government needs to regulate the health insurance and pharmaceutical industries. So, in this post, I’m going to do two things. First, I’m going to present the simple, common sense logic behind this claim of mine. Second, I’m going to justify this claim with empirical evidence.

The simple logic I’m presenting is the idea that the market has no incentive to offer better access or lower cost to healthcare if there’s no profit to be gained from it. The conservative argument, typically, is that “competition reduces prices.” But it doesn’t change a few facts.

First, insurance companies in countries like the U.S. charge at exorbitantly high rates. So, how much ever the competition, the cost won’t reduce beyond a certain point without government regulation. In fact, the only means to end this is to work toward the nationalization of the pharmaceutical industry — which is bound to be a slow process because (1) we need to maintain the quality of the healthcare system, (2) such rapid nationalization isn’t fiscally tenable, and (3) we need to maintain the jobs created by the pharmaceutical industry. But that does mean government regulation needs to exist.

Second, cost isn’t the only dimension to healthcare access. Insurance companies will continue to discriminate against people who have underlying conditions and, therefore, need healthcare more. They’ll discriminate against people based on financial status since payment isn’t guaranteed. And that’s what they did before the Affordable Care Act in the U.S., and what they continue to do in countries like India. Regardless, conservatives and right-libertarians pretend that Obamacare didn’t change anything — or that it made conditions worse. They also pretend that the abstract “free market” can solve everything like the wave of a magic wand. Only, it can’t.

And this isn’t just my opinion. It’s the opinion of noted economists such as Amartya Sen, Thomas Piketty, and Paul Krugman. All of them agree with this logic: that the private sector is grossly insufficient to fulfill the healthcare needs of the common people.

But even if you don’t buy the plain logic, here’s some empirical evidence. In a previous post, I already outlined that Obamacare was responsible for lower inflation rates of insurance costs, and that it increased access to health insurance. Furthermore, in countries with systems of nationalized healthcare, overall insurance costs a falling sharply — take the case of Canada. In addition, greater percentage of the population is insured in countries that have greater government intervention in healthcare.

The harsh reality is that the fetishization of the free market will get both developed and developing countries nowhere, at least when it comes to healthcare. Government intervention in healthcare is required to ensure that the needs of the people are met.

The Affordable Care Act

One of President-Elect Donald Trump’s key campaign promises has been the repeal of the Affordable Care Act. In this post, I’m going to explore why that’s a bad idea.

What does the ACA do?

The ACA is a very comprehensive form of healthcare reform introduced by President Obama in 2010. The main crux of the proposal was developed by the Heritage Foundation, a conservative think-tank, in the 1989. In the 1990s, something similar to the ACA became the principal healthcare plan of the GOP. Of course, since President Obama’s election, the level of extremism and partisanship within the GOP has persuaded most Republicans to strongly oppose President Obama’s plan — all of them forgetting, inevitably, that it was their plan during the presidency of Bill Clinton. The reason for that is one I’m willing to go over in another post, but, in short, it involves the problems with the American political establishment in general.

The ACA does a lot of things, and I’m going to talk about a few things it does. First, it substantially simplified means by which health insurance could be achieved for multiple people, prohibiting insurers from denying insurance to people with underlying disorders, expanding Medicaid eligibility to 38% higher than the poverty level, expanding the amount of time for which dependents were allowed to be in their parents’ insurance plan, and providing advanceable, refundable tax credits to those unable to afford health insurance. Second, it mandated that all individuals that could sufficiently afford health insurance who weren’t already covered by a public health insurance plan to buy health insurance, and mandated that businesses that employed 50 or more people offer health insurance to all their employees. Third, it substantially changed insurance standards by mandating coverage of essential diseases, contraception, etc. and created public Accountable Care Organizations to give quality care to Medicaid/Medicare patients.

Why should the ACA not be abolished?

The Republicans have been trying to abolish the ACA for a long time, since they seem to represent corporate interests more than the Democrats do. This isn’t me supporting the Democrats — my cynicism of the US political systems, or of these so-called “democracies” that serve interests of Big Money rather than the people in general, applies to all partisanship — but acknowledging the reality that the GOP is even worse, because they’ve drifted off the political spectrum into the realm of the far-right. Not nearly as far-right as fascists, but pretty right-wing.

The level of partisanship the GOP engages in is staggering — the only reason they want to engage in such mass privatization of healthcare is that their voter base doesn’t want their hard-earned money wasted on the “irrelevant” poor. President-Elect Trump is definitely substantially more reasonable in terms of economics than most of the GOP establishment, when you consider the existence of movements such as the “tea party,” and the “Freedom Caucus,” that simply don’t have a replacement plan. They simply don’t care, insofar as they get votes and campaign money.

The point is, the ACA has helped the people. Not as well as I would have liked it to have, but it has. It has given 23 million people health insurance, and has saved over 50,000 lives. The basic utilitarian argument applies. The idea that it has caused the increase of healthcare prices is similarly ridiculous — in fact, it has been credited with slowing down the inflation of insurance prices. In addition, the Congressional Budget Office estimates that 18 million people would lose their insurance in the first year of ACA repeal.

If you’re abolishing the ACA, you’re going to have to have a more effective plan. Some people do. The GOP doesn’t have one, nor does the Libertarian Party (whose plan is the lack of one). Unless the US government wants to kill its own people, it would be ridiculous to abolish the ACA.

How should the healthcare system be reformed?

There’s no doubt that there are problems with the ACA. My problem with the plan to repeal it is that there’s no alternative that has been suggested, outside of extremely free market plans that are typical of the Freedom Caucus and similar far-right portions of the GOP (as well as the substantially less important Libertarian Party). Two main problems: (1) things like the medical device tax often disproportionately affect middle-income people, and (2) large pharmaceutical and insurance companies continue raising costs, harming both the people and the government.

The first problem requires some alternative means of taxation to fund the ACA, which could mean moderate hikes in the capital gains and income tax brackets, specifically at the top rates, and the closing of corporate tax loopholes. The second problem — which directly ties into the first problem — has a few solutions, which I’m going to talk about. But to explain the second problem, healthcare in the US is substantially more expensive than any other country in the industrialized world — twice as much as, for instance, Denmark.

First, a public health insurance option should be introduced with substantially lower prices than ordinary insurance companies. This would prompt more people to go with public health insurance and possibly create the competition required to reduce healthcare costs. Second, substantial cost-controlling reforms need to be introduced. Here, I would support multiple of Secretary Hillary Clinton’s proposals, such as her plan for lowering prescription drug costs. I would also propose similar measures to reduce insurance costs. Third, I would consider tougher antitrust legislation, the details of which I’m not sure of, but which would regulate insurance companies and expand the Affordable Care Act’s current regulation.

President Obama signing the ACA into law. Source: Wikipedia. Public Domain.

All of this could eventually even make Bernie Sanders’ single-payer plan possible — essentially expanding the public insurance system, or increasing Medicaid/Medicare eligibility, to one hundred percent coverage, which would be ideal but is currently not financially tenable as a result of the power Big Pharma holds over the American people.

It’s time to fight the ideological dogmatism and corporatism entrenched within the American political system, by working towards giving people a right to healthcare.

Anti-LGBT Laws

LGBT discrimination still exists today, even in the United States, despite the fact that Obergefell v. Hodges solved for a major portion of it. It’s disgusting and despicable, and with this (very brief) post, I hope to highlight a specific issue on LGBT rights: “religious freedom” laws. 

There are still 29 states in which individuals can get fired for being gay, or face similar abject discrimination just because of who they are. Take the case of Casey Stegall, a children’s social services worker who was fired just because of his sexual orientation. That’s the sort of thing that happens in America — progressive America. Why? The push from the Republican Party’s religious right, of course, in the form of bills such as the First Amendment Defense Act and Indiana’s Religious Freedom Restoration Act.

All of these bills claim to be for the “preservation” of religious freedom, but the real objective behind them is obvious — this is a push against the LGBT+ community. In other words, they want to give people the right to destroy other people’s lives — making them unemployed, denying them healthcare or education, etc. — simply because they’re against the “religious principles” of those people. And by “they are against,” I’m saying that their existence is against the reactionary religious beliefs of certain individuals (including this bunch of far-right politicians).

The classic example of this form of discrimination is the example of people refusing to bake the cakes of LGBT individuals. That is hardly the main focus here. The main focus is cases such as those when hospitals can turn away LGBT people even in cases of emergency, causing the deaths of individuals. It’s when huge corporations can exploit LGBT individuals because of their conservative inclinations, by firing individuals, and thus destroying their lives, because of their sexual orientation. This should be reason enough to reject such despicable laws: engineered to rid individuals that don’t fall into the far-right’s precepts of their lives.

Injustice anywhere is a threat to justice everywhere. This is a vast threat to social justice that the conservative establishment wants. Because they don’t care about the people as much as they care about their pathetic principles. The way these laws form a crux of politics is despicable, and they should be rejected with the deepest fervor.

Campaign Finance Reform

I firmly believe in the freedom of speech, but I only believe in that liberty for individuals. Human rights do not apply to inanimate entities such as corporations — corporate personhood is a facile notion. Giving corporations rights to “free expression” by allowing them to exercise financial power over politicians is giving possession of capital substantially more political power as an attribute. In other words, in rules of law where there are no limits on corporations funding political campaigns to advance their interests, democracy is eroded. Rich individuals and corporations could simply be kingmakers by (1) directly funding political campaigns and essentially structuring the policies of politicians, (2) funding media institutions to influence public perception by deeply biased, and even false, political commentary and (3) generally manipulate the public by dumping their money wherever necessary.

This is a problem both in Asia and in the West. In the U.S., the Supreme Court decision in Citizens United v. FEC essentially declared multiple campaign finance restrictions unconstitutional as violative of the First Amendment, which guarantees freedom of speech. The notion that some powerful corporation that simply wants to advance its interests must have its free speech prioritized over the people is fundamentally undemocratic.

The reason it is fundamentally undemocratic — as is the facile legal notion of “corporate personhood” — is that, in a democracy, political power must be decentralized. In other words, individuals should be able to play equal roles in democratic decisionmaking. When corporations can pay candidates as much as they want, then (1) there is no level playing field between various candidates because of the amount of money they have, as an extension of which (2) candidates essentially do whatever the corporations ask them to do, irrespective of whether they promised to do something of the sort, and irrespective of whether there’s a benefit to the people involved, and (3) people are deliberately manipulated in various ways, and their decisionmaking is infringed upon. Here, it is point (2) that is least obvious, and requires critical analysis.

For-profit institutions, generally, look toward short-term benefit or gain, over long-term stability of the market. Generally, public corporations have an ownership structure that requires them to impress their shareholders, so that there’s more investment, for which short-term profit is necessary. As such, corporations require the government to create conditions where their short-term goals are most profitable. That’s why corporate lobbies exist, and they’re willing to breach basic ethics to achieve their objectives. In the United States, the sugar industry has funded the deliberate publication of misleading scientific studies on the effects of sugar. In India itself, there was some level of advocacy to replace cooked midday meals with packaged biscuits under government midday meal schemes in schools. There are even larger corporate interests in question, and those are best fulfilled by placing candidates desirable to corporations in office.

The reason this is erosive of fundamental democratic values is that it is contradictory to the principle of “one person, one vote.” If each vote is to have equal value, then no corporation or individual should have greater political influence than any other. Of course, this is a utopian or quixotic ideal: but every step toward it is an objective social good. Erosion of democratic institutions is objectively harmful to social stability as a whole.

Thankfully, in India, we do have restrictions on the level of influence that individual or corporate wealth has on politics. But there have been multiple criticisms of these restrictions as “undemocratic.” I’m not qualified to do an in-depth analysis on the level of political influence campaign finance is used for in India, of course, but the notion that these restrictions are undemocratic is a myopic one. It is myopic because corporations are not people, and so don’t deserve the same legal rights. Money is not speech. At the point at which corporations looking to short-term financial gain have more power over government than the people, which they already do, what we’re looking at isn’t a democracy: it’s an oligarchy.

Campaign finance is not the only way corporations exert political influence — they will continue to use indirect, nefarious means to create conditions for their short-term objectives to be achieved. But at the point at which there are no restrictions on the structure of campaign finance, corporate managers can just buy elections directly. The enormous power of corporate lobbies, thus, is enhanced by such loose regulations. To be sure, none of this is a criticism of corporations or capitalism. I am not a socialist, or an anarchist. I’m a capitalist — a bitter one, but a capitalist nonetheless — so I am not opposed to corporations in principle. Most people aren’t. I am, however, opposed to the wreckage of the political system.

Issues such as health care costs (which affect both human welfare and long-term economic stability through their influence on productivity) and environmental protection (which is basically the most important issue of today) are affected by corporatist control: because there will always be vested interests against these long-term measures simply for the short term objective of profit. For example, lobby firms have spent millions of dollars fighting healthcare reform measures by President Obama. Similarly, multiple corporations back think tanks that deny the scientific consensus on climate change. At the point at which those very corporations gain the ability to exert direct and powerful influence over election, there’s no doubt they’ll push these interests — which are objectively harmful to long-term economic stability, and to society as a whole.

Every time a corporation buys an election, a battle in the war for democracy is lost. Only when the campaign finance system is reformed to prevent such intervention can true progress be made.

Reflecting on President Obama

It is official — successful businessman Donald Trump is the next President of the United States. In one month, President Obama will resign, and President-Elect Trump will take the oath of office. Let’s take this time to reflect on Barack Obama’s presidency, and how it has benefited both the United States and the world.

File:President Barack Obama.jpg

President Obama’s official photograph in the Oval Office on 6 December, 2012.

In 2008, everyone had high expectations of U.S. Senator from Illinois, Barack Obama. He promised a strong recovery from economic recession, affordable and accessible healthcare, tax reliefs, and a strong, stable foreign policy. Unfortunately, he hasn’t fulfilled all those promises — partially due to a Republican-dominated legislature and general opposition from U.S. legislators; for instance, his proposed infrastructure investment and a minimum wage hike were both voted down by Congress.

Still, he has proven himself one of the most productive presidents the U.S. has ever had. He began by swiftly signing an $800 billion fiscal stimulus bill, and started tax relief measures, to boost competition and productivity in the midst of economic recession. In a span of two years, unemployment figures drastically dropped. With the heavily controversial Affordable Care Act, he ensured that the costs of health insurance dropped by 7%, the rate of price inflation of healthcare premiums dropped from 69% in the Bush administration to 27%, and millions of people gained health insurance. In his first term alone, he made substantial investments in clean energy, further strengthening his robust job creation schemes. Finally, his bailouts of the automobile industry ensured an end to the vicious cycle of private sector jobs in the auto industry being destroyed.

In terms of foreign policy, his accomplishments have been equally substantial. It has largely been conducive to advancing international stability, with the notable exception of intervention in Libya. Now, there’s little doubt that U.S. foreign policy has always been particularly ruthless — and has engaged in the destruction of lives — but President Obama’s foreign policy was substantially better in that regard. While Secretary Clinton’s stint as Secretary of State undoubtedly resulted in a lot of unnecessary military intervention, President Obama largely tried to prevent wars or other economic conflict, with negotiations that led to the hugely successful Iran nuclear deal, the Paris Agreement to deal with climate change, and the normalization of relations with Cuba.

Regarding social policy, he has strongly advocated — and succeeded, at least partially, in gaining — substantially greater inclusiveness for Americans belonging to the LGBT community, which began in 2010 with the repeal of Don’t Ask Don’t Tell, and climaxed with briefs to the Supreme Court that made illegal state-level same-sex marriage bans (Obergefell v. Hodges). His veto of the Keystone XL pipeline authorization and support for restrictions on hydraulic fracturing have, alongside the Paris Agreement, advanced the quest toward combating climate change at the domestic level.

There’s no doubt that, for instance, his foreign policy leaves much to be desired — but, I daresay, no post-WWII president has had a more stable and stronger foreign, economic, or social policy as President Obama. He didn’t live up to expectations, but he did give the people of America, and of the world, substantial change: change that we can believe in.

India’s Demonetization Gamble

The Indian government made news at the announcement at what they declared was “demonetization,” a “revolutionary” move in which 500 and 1000-rupee notes ceased to be legal tender in India after November 9, 2016. It was hailed as the beginning of the war on tax evasion and black money, with the aim of forcibly destroying a substantial amount of black money, requiring proof of the means by which amounts of wealth in five-hundred and thousand rupee notes were acquired at the time of bank exchange. The popular Indian opinion is also  overwhelmingly in favor of the move, and multiple businessmen and capitalists have hailed it. Businessmen Anand Mahindra, Sajjan Jindal, Kunal Bahl, Narayana Murthy, and others all hailed the move. But it also met with vast criticism from reputed figures such as Nobel Prize-winning economist Amartya Sen and former professor of economics at Jawaharlal Nehru University Prabhat Patnaik.

People gathered around ATM of Axis Bank in Mehsana, Gujarat. Credit: Nizil Shah (own work).

The above image is licensed under Creative Commons Attribution-Share Alike 4.0 International license. It has been taken from Wikipedia, which in turn credits the picture to Nizil Shah. 

While I disagree, often, with the foundations of this criticism, and am even willing to accept demonetization as a mechanism to combat black money in theory, I think the implemention of demonetization has left much to be desired, and has been counterproductive to the social welfare of the people, while failing to produce a net greater revenue. I argue that demonetization poses the following harms:

First, the rural poor who lack the infrastructure to set up deposit accounts have now had their money and finances — held in cash — completely devalued. But even the rural poor who do have access to accounts are struggling. As Padmapriya Govindarajan explains: 

Even those who do have access to accounts among them struggle with ill prepared banks and post offices, small and dispersed in number, and the need to take off several crucial hours from work – sometimes in vain.”

Second, socially ostracized communities, such as the transgender community and sex workers, are disproportionately cut off from banking systems. The level of systemic discrimination and marginalization against them has caused them a substantially greater hit from demonetization. The impact of demonetization on sex workers has been analyzed. Bindiya Chari of The Times of India explains by citing an example of a group of sex workers:

Half-a-dozen sex workers, who travel to Panaji from Vasco every day in search of clients . . . said their business has dwindled since the demonetization move.

Third, refugees, who are similarly cut off from banking systems because they lack requisite documents and are still undergoing a lengthy documentation process, see months of their savings go to waste. To quote examples from The Hindustan Times:

“Chetan Achu, a native of Tharparkar in Pakistan, is an engineer who moved to India four years ago [as a refugee]. He works on contract basis. ‘I used to get cash in instalments from my employers but now after this decision of demonetization, my employers say they cannot pay cash.’ Dileep Singh, another refugee, said they approached banks but because they do not have any bank account or identity proof, banks have refused to exchange cash for them. ‘We are shocked how we will be able to change our cash?’”

The reality: they can’t. And driving people who are already suffering to worse conditions lacks in even the thinnest veneer of justice.

Additonally, there are two glaring economic harms from demonetization. First, economic productivity. Workers are stripped of productive hours as they wait for hours in ATMs and banks wanting to exchange money, and failing to meet those very objectives. This has a direct impact both on the human welfare of these workers and on economic productivity. Second, the enforcement costs of demonetization are substantial. The need for ATMs to be filled more often and the burden on banks cannot be ignored. Note that this does not constitute a net harm, but cancels out the positive effect of gaining black money. For now, this is, of course, not quantifiable. But considering the substantial uncertainty here, it is impossible to deny that the effects of demonetization on minorities and marginalized groups is sufficient to justify the notion that the impacts might just be negative.

None of the supposed benefits of demonetization holds up to scrutiny. The benefit from regaining black money?—?government revenue?—?is small because it is substantially mitigated by the amount of money lost by the government in the process, and the definite slow in GDP growth.

In terms of “fighting terrorist networks,” the human cost still outweighs because terrorist networks can still gain money and resources?—?the impact is merely temporary and mild. And since terrorism does not rely way too much on operational costs, it was largely unaffected.

Demonetization has been a blow to the weak: the shameful, staggering human cost ignored by the elitists who proposed it. The certainty among the public following demonetization was mired by truth, and by uncertainty.

The Case Against Capital Punishment

Capital punishment is defined by the Oxford Dictionary as “the legally authorized killing of someone as punishment for a crime.” This does not include killing someone in action — it solely involves punishment, after trial and conviction of a crime, by execution. Of the 195 sovereign states that are members or observers of the United Nations, 102 states have fully abolished it for all crimes. Another 6 countries — Brazil, Chile, Peru, El Salvador, Kazakhstan, and Israel — have abolished it for all cases except exceptional circumstances such as war criminals. 50 countries retain capital punishment de jure, but have not used it for 50 years, so it is not used de facto. That leaves 37 countries — China, the United States, India, Iran, Egypt, Indonesia, Iraq, Japan, Jordan, Saudi Arabia, Malaysia, Pakistan, Thailand and 24 others — that actively practice capital punishment.

I am arguing, in this blog post, that the position of those 37 countries is deeply flawed — and that capital punishment is a primitive form of punishment that should be abolished. I am going to make the case for abolition of capital punishment.

I’ve polled a few friends of mine and a few people I know about their opinions on capital punishment. The immense amount of support for the death penalty is shocking. Indeed, only four of the thirty-or-so people I’ve asked have said they do not support capital punishment. When asked to justify their position, I have primarily received three justifications for this being the case: (1) some people deserve to die, and justice requires that retribution be done; (2) the death penalty will deter would-be criminals from committing those crimes, aiding society in the process; and (3) it takes a lot of money and resources to keep a person in life imprisonment, while death will significantly reduce the amount of resources. I will refute those arguments in today’s post, in addition to providing my own case against the death penalty.

So I’m first going to tear down all the arguments in favor of capital punishment, and then, in its place, erect a case against capital punishment, thus providing reasons to abolish the death penalty.

Let’s look to the first argument. That argument makes no sense — because it’s merely blind retribution, revenge, which is utterly pointless. There’s no doubt that retribution is a part of the criminal justice system because that’s what societal values ask for, but the harms created by the death penalty (listed below) far outweigh this one.

Next, the death penalty doesn’t deter crime at all. 88% of criminologists polled agree that the death penalty has no deterrent effect. The notion that the death penalty deters homicides relies on a certain econometric model called “rational choice theory.” Rational choice theory is a model that suggests that, in the demand-side and among the common populace, choices are taken based on analysis of costs and benefits. For instance, it would suggest that, if someone were to buy a sandwich, they would subconsciously weigh the costs and benefits of buying the same sandwich, both long term and short term. The same is applied to the death penalty, wherein people suppose that would-be murderers won’t commit crimes because of the fear of death awaiting them. And it is natural instinct for people to think that, because all of us fear death.

The problem is, that intuition is probably false. The death penalty is a long term consequence, but the reality (and, upon thinking through it, we all realize it) is that people typically consider short-term consequences when performing actions and fail to properly weigh the magnitude of those actions. For instance, when a person buys some French fries, that person only thinks of the short-term consequences (immediate pleasure and relief from hunger), failing to consider the fact that it could have potential, long-term adverse effects to their health. The same applies here. When someone commits a major crime, they only think of the short-term consequence, or act impulsively. Dr. Jonathan Groner explains,

“The psychological mind-set of the criminal is such that they are not able to consider consequences at the time of the crime. Most crimes are crimes of passion that are done in situations involving intense excitement or concern. People who commit these crimes are not in a normal state of mind — they do not consider the consequences in a logical way.”

 The American Civil Liberties Union confirms that the majority of homicides are murders of passion, committed under the heat of the moment, and even pre-planned murders tend to be based solely on short-term consequences. To whatever extent that the death penalty deters homicides, other forms of imprisonment serve as an equal deterrent. Indeed, there’s no statistically significant correlation between the death penalty and reduction in crime rates either. Murder rates in states that have the death penalty are not significantly different — or are even higher — in states that don’t have the death penalty. A study by John Donohue and Justin Wolfers finds that there is no correlation that suggests deterrence.

The third argument fails too. In fact, the death penalty costs more than other forms of punishment. Why? Two reasons: (1) liberal judges that oppose the death penalty always try their best to not give it as punishment, which requires significantly more lawyers and resources in the court; and (2) when it comes to the death penalty, there needs to be some level of certainty as to whether a person is guilty (though even that isn’t successful in determining accuracy, often), so a lot of resources are spent. A study by Sherod Thaxton found that a single capital case (i.e. a case where the death penalty is being considered) costs $2 million more than any non-capital case. Indeed, even the resources spent on life without parole are less than the resources used up by the death penalty. Research finds that, since 1978, $4 billion taxpayer dollars have been spent on the death penalty in the state of California alone. That’s $308 million per execution. Indeed, the cost of (a) a capital case, combined with (b) the cost of keeping a prisoner on death row, is greater than the total cost/resources spent on life imprisonment.

Thus, the arguments usually presented in favor of a death penalty are unsound. Now, let’s move on to my own case against the death penalty: why the death penalty should be abolished.

First, capital punishment causes psychological damage. The death penalty causes significant psychological harms to people other than those convicted of the crime in question. The first people affected by capital punishment are the executioners — people who are responsible for carrying out the execution. Executions require a team of executioners to oversee what’s going out and to carry out the execution itself — no machine can accomplish this on its own. But the experience of killing another human being is incredibly traumatic. Jerry Givens, a former executioner from Virginia, explains:

“I performed the execution. So you might suffer a little. I’m going to suffer a lot, because I performed the job.”

Empirical research shows that executioners can suffer from paranoia and clinical depression as a direct effect of executions. Because carrying out an execution is painful.

The psychological trauma faced by the family of the executed is also immense. While, generally, there is collateral damage caused by any punishment, the level of damage caused by an execution is far beyond that. Children whose parents have been executed face severe psychological harm and are often socially ostracized as a result. Researchers Robert Cushing and Susannah Sheffer found that the family of the majority of executed inmates faced post-traumatic stress disorder (PTSD).

Second, the application of the death penalty is inhumane to people who’re executed as well. It’s definitely worse than life in prison. People on death row often face severe psychological distress and experience suicidal tendencies, in what is called “death row syndrome.” Conditions on death row are terrible. Methods of execution are also often grossly inhumane or torturous. India uses hanging — a form of execution which fractures the spinal column and leads to death by slow, painful asphyxiation. While the method of hanging used — the measured long drop — is more humane than others, it still can lead to botched executions. Indeed, in the United States alone, there have been 43 botched executions since 1982… and the United States uses more humane methods than India does. So, quite simply, the death penalty is immoral.

The problem extends beyond this. It being “immoral” might not be sufficient reason to abolish it for some people. The problem lies in concentration of power in what seems to be an oligarchy. How much power do we wish to give to societal structures and the state which consists of a small group of people that most of us haven’t even met? In a democracy, power is spread evenly, and exists at the grassroots level. We shouldn’t give the power to torture people to death to a power structure consisting of officials we haven’t even met.

Third, the death penalty causes the deaths of innocent people — men and women who were merely at the wrong place in the wrong time, and, as a result, had to face the brutality described above under the power of the public’s own elected government. According to the National Academy of Sciences, globally, 4.1% of those on death row are innocent of their crimes. And, from the start of the 20th century, 0.5% of all those executed were innocent. Take the case of Jesse Tasero — an innocent man executed for a crime he didn’t commit, in what inmates reported to be a torturous electrocution.

The issue of erroneous application of the death penalty is one that has been seen in India as well. Led by ex-Supreme Court judge P.B. Sawant, 14 former judges sent separate letters to the President of India pointing out that in 15 years (from 1996 to 2012), the death penalty had been erroneously given to fifteen people, of whom two were hanged.

So keeping the death penalty is allowing an entity of officials most of us haven’t even met to possibly cause the death of innocent people. It gives the power over life and death to a group of faraway elected officials. That’s not a world we should live in.

Lady Justice seated at the entrance of the Palace of Justice, Rome, Italy. Public Domain. Source: Wikipedia.

As such, I have proven that (1) the commonly presented arguments in favor of capital punishment are unsound; and (2) capital punishment has serious harms that justify its abolition. In the words of St. Augustine, “An unjust law is no law at all.” Since the death penalty is such an unjust law, as proven above, it is no law at all, and should be abolished.

Recommended Reading: 

  • Christopher Hitchens. “Staking a Life.” Lapham’s Quarterly. Web. Retrieved 28 July, 2016.

Why Abortion Should Be Legal

Induced abortion has become a major debate within society and politics, in multiple countries. Conservative viewpoints question the morality of abortion, and argue that a fetus has a right to life. Liberals say that the right to bodily autonomy of women outweighs the right to life of the fetus, and hold fully developed humans to be morally superior to fetuses. I tend to lean towards a liberal view of abortion, and intend to defend the status quo in the United States, India, and multiple other countries in this post.

For clarification, I will define abortion. I will use the definition of the Merriam-Webster dictionary, which says:

“[Abortion is] the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus, as . . . the induced expulsion of the human fetus.”

My first argument is that abortion has significant utilitarian harms. Government policy is decided on the basis of “utilitarianism,” i.e. in an attempt to maximize net benefit to the citizens, and to minimize harm to them. The government lacks any legitimacy unless it seeks to do that. And adopting a ban on abortion won’t maximize benefit, for one main reason. A ban would be ineffective, except in increasing danger. The fact remains that people will seek abortions regardless of whether it’s legal. Abortion is inevitable, and the illegality of such a practice will fail to deter people from aborting.

Elisabeth Rosenthal writes,

“A comprehensive global study of abortion has concluded that abortion rates are similar in countries where it is legal and those where it is not, suggesting that outlawing the procedure does little to deter women seeking it. Moreover, the researchers found that abortion was safe in countries where it was legal, but dangerous in countries where it was outlawed and performed clandestinely. Globally, abortion accounts for 13 percent of women’s deaths during pregnancy.”

There is more harm than benefit here. Women simply seek back-alley abortions, which are extremely dangerous. There is thus no utilitarian benefit to banning abortion, but there are harms.

Furthermore, the fetus is not subject to moral consideration. This is because a fetus is completely inanimate and non-sentient until around the 20th week of pregnancy. A fetus can’t feel pain until the 24th week of pregnancy. Utilitarian calculations of morality are based on positive and negative mental states. Utilitarianism is ideal for normative ethics, because it holds what is desirable. A moral obligation itself is an “ought,” which indicates desirability. What is desirable? Something that maximizes positive mental states and minimizes negative ones. So maximizing desirability is an ideal framework for normative ethics; that’s utilitarianism. The fetus lacks mental states, therefore isn’t subject to moral consideration; a fetus is equal to a chair, except with potentiality.

That’s why abortion should not be banned. Thanks for reading this post.

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