Category Archives: The Nanny State

Institute for Justice’s Bone Marrow Donor Compensation Legal Challenge Prevails

Here’s a follow up to a story I linked back in 2009 concerning the Institute for Justice’s legal challenge to the National Organ Transplant Act of 1984 and the act’s applicability to bone marrow transplants. This is very good news for the roughly 3,000 Americans who die every year while waiting to find a bone marrow match:

Arlington, Va.—The Ninth U.S. Circuit Court of Appeals today issued a unanimous opinion granting victory to cancer patients and their supporters from across the nation in a landmark constitutional challenge brought against the U.S. Attorney General. The lawsuit, filed by the Institute for Justice on behalf of cancer patients, their families, an internationally renowned marrow-transplant surgeon, and a California nonprofit group, seeks to allow individuals to create a pilot program that would encourage more bone-marrow donations by offering modest compensation—such as a scholarship or housing allowance—to donors. The program had been blocked by a federal law, the National Organ Transplant Act (NOTA), which makes compensating donors of these renewable cells a major felony punishable by up to five years in prison.

Under today’s decision, this pilot program will be perfectly legal, provided the donated cells are taken from a donor’s bloodstream rather than the hip. (Approximately 70 percent of all bone marrow donations are offered through the arm in a manner similar to donating whole blood.) Now, as a result of this legal victory, not only will the pilot programs the plaintiffs looked to create be considered legal, but any form of compensation for marrow donors would be legal within the boundaries of the Ninth Circuit, which includes California, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, Washington and various other U.S. territories.

[…]

Rowes concluded, “This case isn’t about medicine; everyone agrees that bone marrow transplants save lives. This case is about whether individuals can make choices about compensating someone or receiving compensation for making a bone marrow donation without the government stopping them.”

A Blow Against The Nanny State Struck In… California??

Yes, my good friends — Gov Jerry Brown has actually vetoed a nanny-state helmet law.

Can you believe it?

I’ve added the emphasis below. It’s almost refreshing to hear such a sentiment from a politician — a California politician at that.

To the Members of the California State Senate:

I am returning Senate Bill 105 without my signature.

This measure would impose criminal penalties on a child under the age of 18 and his or her parents if the child skis or snowboards without a helmet.

While I appreciate the value of wearing a ski helmet, I am concerned about the continuing and seemingly inexorable transfer of authority from parents to the state. Not every human problem deserves a law.

I believe parents have the ability and responsibility to make good choices for their children.

Sincerely,
Edmund J. Brown

Hat Tip: FreeRangeKids

A Ban Worth Drinking To

For the first time ever, reason.tv is cheering their “Nanny of the Month.”

That’s right, starting September 1 , more than 500 Michigan restaurant and bar owners will begin turning state lawmakers away from their establishments. State Senator So-and-so wants a brew? Too bad. Politicians won’t be served until they revisit the state’s 2010 smoking ban, which, owners say, has devastated business, and left bars like Sporty O’Tooles on the verge of collapse.

Okay, “nanny” is a bit of a misnomer in this case as these bar owners are reserving their freedom of/from association rights in their own establishments but good for them for standing up to these busybodies in the legislature. These are the kinds of bans I would love to see more of.

The Family Leader’s Pledge Provides Litmus Test for Social Conservatives AND Libertarian Leaning Republican Primary Voters

Just last week, a “pro-family” group that calls itself “The Family Leader” laid out a 14 point “Marriage Vow” pledge for G.O.P. presidential primary candidates to sign as a condition of being considered for an endorsement from the organization. Among the more troubling points of this pledge, at least for those of us who care about limited government and individual liberty: vow support for the Defense of Marriage Act and oppose any redefinition of marriage, “steadfast embrace” of a Marriage Amendment to the U.S. Constitution that would “protect” the definition of marriage in all states as “one man and one woman” and “Humane protection of women” from “all forms” of pornography. Another point of the pledge reads “Rejection of Sharia Islam and all other anti-woman, anti-human rights forms of totalitarian control” which I find quite ironic in that many of the 14 bullet points would be almost perfectly in sync with Sharia Islamic law.

In the introduction to the pledge, there was language that suggested that black families were better off during slavery and more likely to be families that included both a mother and a father than “after the election of the USA’s first African-American president.” This language was later struck from the document that included the pledge.

For most of the G.O.P. field, candidates were reluctant to sign and offered no comment. Mrs. Tea Party herself, Michele Bachmann, however; couldn’t sign the pledge fast enough – even before the reference to black families was removed. Rick Santorum also signed, Jon Huntsman said he doesn’t sign pledges, Newt Gingrich reportedly won’t sign the pledge unless there are additional changes to the language (How could he? Isn’t he on wife number 3?) Mitt Romney rejected the pledge calling it “inappropiate for a presidential campaign” and a Ron Paul spokesman said the congressman “has reservations” about the pledge and “doesn’t want the government to dictate and define traditional marriage.”

Gary Johnson, true to form, effectively vetoed the pledge.

Actually, this is an understatement. Gov. Johnson blasted the pledge calling it “un-Republican and un-American.”

Government should not be involved in the bedrooms of consenting adults. I have always been a strong advocate of liberty and freedom from unnecessary government intervention into our lives. The freedoms that our forefathers fought for in this country are sacred and must be preserved. The Republican Party cannot be sidetracked into discussing these morally judgmental issues — such a discussion is simply wrongheaded. We need to maintain our position as the party of efficient government management and the watchdogs of the “public’s pocket book”.

This is exactly what this so-called marriage vow is: a distraction. The Tea Party movement was successful in the 2010 elections because the focus was on the economy, limited government, and liberty NOT divisive social issues.

Gov. Johnson continues:

This ‘pledge’ is nothing short of a promise to discriminate against everyone who makes a personal choice that doesn’t fit into a particular definition of ‘virtue’.

While the Family Leader pledge covers just about every other so-called virtue they can think of, the one that is conspicuously missing is tolerance. In one concise document, they manage to condemn gays, single parents, single individuals, divorcees, Muslims, gays in the military, unmarried couples, women who choose to have abortions, and everyone else who doesn’t fit in a Norman Rockwell painting.

Maybe The Family Leader has done as all a huge favor? By pressuring candidates to sign the pledge in hopes of receiving The Family Leader’s precious endorsement, those of us who want to have some idea of how serious these candidates are about limited government and freedom now have a litmus test of sorts. Michele Bachmann and Rick Santorum receive an F, Jon Huntsman and Newt Gingrich maybe a B, Mitt Romney and Ron Paul an A, and Gary Johnson an A+. The rest who have yet to respond get incompletes.

Obviously, for so-called values voters, the grades would be awarded in the opposite way (i.e. Johnson gets an F and Bachmann an A+). This pledge exposes the divide within the Republican Party and the battle for the party’s soul. Will G.O.P. primary voters nominate someone who will welcome individuals (especially independents) who aren’t necessarily found in a Norman Rockwell painting or will they once again nominate someone who panders primarily to white Christian men who want to tell you what to do in your bedroom?

If they win, we might as well get used to the idea of 4 more years of President Barack Obama.

Will Individualized Medicine Increase Health Inequality?

Ezra Klein has a rather thought-provoking post today about human genome sequencing and its ability to allow doctors to better-tailor treatment to the specific needs of an individual patient. It presents a phenomenal opportunity to both make medicine more effective, and IMHO to make it cheaper by spending less time and energy on substandard treatments. Ezra raised a different point, though, and I think makes a logical error that warrants further discussion:

If that’s the path that medical advances ultimately take, one byproduct will be an immense explosion in health inequality. Right now, health inequality, though significant, is moderated by the fact that the marginal treatments that someone with unlimited resources can access simply don’t work that much better than the treatments someone with more modest means can access. In some cases, they’re significantly worse. In most cases, they’re pretty similar, and often literally the same.

But as those treatments begin to work better, and as we develop the ability to tailor treatments to individuals, we should expect that someone who can pay for the best treatments for their particular DNA sequences to achieve far better health-care outcomes than someone who can’t afford the best treatments and has to settle for general therapies rather than individualized medicine.

I believe Ezra makes assumes the premise that the “best” treatments are also the most expensive treatments. I believe this to be unsupported by evidence.

Suppose 10 different people all happen to have the same malady. To use a common one, let’s say that the malady is hypertension. Multiple drugs today exist for the treatment of hypertension. Some of them may be specific variants (branded or generic) of medications all within a specific class, but often multiple classes of drugs may be used to treat hypertension. Those multiple classes will affect different people in different ways, but my guess is that a typical doctor will offer a “standard” treatment regimen for hypertension and only deviate from that standard if something doesn’t appear to be effective. What’s further important to note is that different doctors may have different “standard” regimen, based on their own experience rather than exact current medical literature.

What the idea of genome sequencing may bring to the table is that medical research can form stronger predictions of a particular person’s response to certain medicines based upon their specific genes, and it is easier to tailor the treatment to the patient. This doesn’t mean that the rich person’s treatment will be more expensive than a poor person’s, but it does mean that someone who has genome sequencing will likely have more effective treatment than someone who does not. What it also means is that someone who has genome sequencing may actually have less expensive medical treatment than someone without, as less effort and dollars can be used adding treatments that are statistically likely to be ineffective.

And herein lies the rub. Will a rich person have better access to genome sequencing than a poor person? Not if we have Ezra’s wet dream: government socialized health care. Once effectiveness at reducing costs is shown, government in its awesome authoritarian-ness will undoubtedly use the desire for cost-cutting in medical treatment to demand genome sequencing of anyone participating in Obamacare. Sure, we civil libertarians will soundly object to government getting access to everyone’s DNA, but I’m sure they’ll tell us, much like they do with the TSA pornoscanners and told us with our social security numbers, that there’s NO CHANCE the genome information will ever be used for anything other than our medical care, and will be completely confidential. And since nobody listens to us civil libertarians today, they’ll get it done.

If Ezra looks at the potential from this angle, I think he’d change his tune. If he sees genome sequencing as a potential cost-cutting measure, rather than an inequality-increasing measure, I’m sure he’d actually push for wider adoption of it. And like any government authoritarian impulse, if something is good [and if we’re paying for it with tax dollars], we might as well make it mandatory, right?

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