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Showing posts with label Civil Disobedience. Show all posts
Showing posts with label Civil Disobedience. Show all posts

Wednesday, November 30, 2022

Professional Civil Disobedience — Medical-Society Responsibilities after Dobbs

Matthew Wynia
September 15, 2022
N Engl J Med 2022; 387:959-961
DOI: 10.1056/NEJMp2210192

Here is an excerpt:

Beyond issuing strongly worded statements, what actions should medical organizations take in the face of laws that threaten patients’ well-being? Should they support establishing committees to decide when a pregnant person’s life is in sufficient danger to warrant an abortion? Should they advocate for allowing patients to travel elsewhere for care? Or should they encourage their members to provide evidence-based medical care, even if doing so means accepting — en masse — fines, suspensions of licensure, and potential imprisonment? How long could a dangerous state law survive if the medical profession, as a whole, refused to be intimidated into harming patients, even if such a refusal meant that many physicians might go to jail?

There are several arguments in favor of professional associations supporting civil disobedience by their members. First, collective civil disobedience by a professional group would avert the most common and powerful criticism leveled against civil disobedience, which is that it could lead to anarchy.

Civil disobedience is a “public, nonviolent, conscientious yet political act contrary to law,” carried out with the aim of bringing about a change in an unjust law.2 But respect for laws is necessary to maintain a civil society. Having each person choose which laws to obey and which to disobey is a recipe for chaos. The most well-known proponents of civil disobedience — Henry David Thoreau, Mahatma Gandhi, Martin Luther King, Jr. — all took seriously the threat of unrestrained disregard of laws under the guise of civil disobedience. In his 1963 Letter from Birmingham Jail, King argued that people must respect just laws, but he also wrote, “law and order exist for the purpose of establishing justice,” and he agreed with St. Augustine that “an unjust law is no law at all.” He described a “moral responsibility to disobey unjust laws” and laid out criteria to help people decide when laws, such as those upholding racial segregation, are sufficiently unjust as to warrant open disobedience. Gandhi was even more worried about chaos and launched hunger strikes to rein in his own supporters when he believed they had gone too far in their disobedience of laws.

But professional civil disobedience poses little threat of anarchy. Unlike a situation in which each person decides whether to obey or disobey a law, a professional group’s deciding together, after frank and rational debate, to support disobedience of an unjust law might eventually reinforce social cohesion, elevate trust in the profession, and help communities avoid tragic errors. Professions, after all, are expected to protect vulnerable people and core social values. Such a decision would still be contentious, however. Civil disobedience is nonviolent, but it elevates and highlights conflict and often leads to violence against people disobeying the law. Professional civil disobedience would undoubtedly require tremendous courage.

Proposing professional civil disobedience of state laws prohibiting abortion might seem naive. Historically, physicians have rarely been radical, and most have conformed with bad laws and policies, even horrific ones — such as those authorizing forced-sterilization programs in the United States and Nazi Germany, the use of psychiatric hospitals as political prisons in the Soviet Union, and police brutality under apartheid in South Africa. Too often, organized medicine has failed to fulfill its duty to protect patients when doing so required acting against state authority. Although there are many examples of courageous individual physicians defying unjust laws or regulations, examples of open support for these physicians by their professional associations — such as the AMA’s offer to support physicians who refused to be involved in “enhanced” interrogations (i.e., torture) during the Iraq War — are uncommon. And profession-wide civil disobedience — such as Dutch physicians choosing to collectively turn in their licenses rather than practice under Nazi rule — is rare.

Wednesday, September 21, 2022

Professional Civil Disobedience — Medical-Society Responsibilities after Dobbs

Matthew K. Wynia
The New England Journal of Medicine
September 15, 2022, 387:959-961

Here are two excerpts:

The AMA called Dobbs “an egregious allowance of government intrusion into the medical examination room, a direct attack on the practice of medicine and the patient–physician relationship, and a brazen violation of patients’ rights to evidence-based reproductive health services.” The American Academy of Family Physicians wrote that the decision “negatively impacts our practices and our patients by undermining the patient–physician relationship and potentially criminalizing evidence-based medical care.” The American College of Physicians stated, “A patient’s decision about whether to continue a pregnancy should be a private decision made in consultation with a physician or other health care professional, without interference from the government.” And the CEO of the American College of Obstetricians and Gynecologists called Dobbs “tragic” for patients, “the boldest act of legislative interference that we have seen in this country,” and “an affront to all that drew my colleagues and me into medicine.”

Medical organizations are rarely so united. Yet even many physicians who oppose abortion recognize that medically nuanced decisions are best left in the hands of individual patients and their physicians — not state lawmakers. Abortion bans are already pushing physicians in some states to wait until patients become critically ill before intervening in cases of ectopic pregnancy or septic miscarriage, among other problems.

Beyond issuing strongly worded statements, what actions should medical organizations take in the face of laws that threaten patients’ well-being? Should they support establishing committees to decide when a pregnant person’s life is in sufficient danger to warrant an abortion? Should they advocate for allowing patients to travel elsewhere for care? Or should they encourage their members to provide evidence-based medical care, even if doing so means accepting — en masse — fines, suspensions of licensure, and potential imprisonment? How long could a dangerous state law survive if the medical profession, as a whole, refused to be intimidated into harming patients, even if such a refusal meant that many physicians might go to jail?

(cut)

Proposing professional civil disobedience of state laws prohibiting abortion might seem naive. Historically, physicians have rarely been radical, and most have conformed with bad laws and policies, even horrific ones — such as those authorizing forced-sterilization programs in the United States and Nazi Germany, the use of psychiatric hospitals as political prisons in the Soviet Union, and police brutality under apartheid in South Africa. Too often, organized medicine has failed to fulfill its duty to protect patients when doing so required acting against state authority. Although there are many examples of courageous individual physicians defying unjust laws or regulations, examples of open support for these physicians by their professional associations — such as the AMA’s offer to support physicians who refused to be involved in “enhanced” interrogations (i.e., torture) during the Iraq War — are uncommon. And profession-wide civil disobedience — such as Dutch physicians choosing to collectively turn in their licenses rather than practice under Nazi rule — is rare.

Friday, April 6, 2018

Schools are a place for students to grow morally and emotionally — let's encourage them

William Eidtson
The Hill
Originally posted March 10, 2018

Here is an excerpt:

However, if schools were truly a place for students to grow “emotionally and morally,” wouldn’t engaging in a demonstration of solidarity to protest the all too recurrent slaughter of concertgoers, church assemblies, and schoolchildren be one of the most emotionally engaging and morally relevant activities they could undertake?

And if life is all about choices and consequences, wouldn’t the choice to allow students to engage in one of the most cherished traditions of our democracy — namely, political dissent — potentially result in a profound and historically significant educational experience?

The fact is that our educational institutions are often not places that foster emotional and moral growth within students. Why? Part of the reason is because while our schools are pretty good at teaching students how to do things, they fail at teaching why things matter.

School officials tend to assume that if you simply teach students how things work, the “why it’s important” will naturally follow. But this is precisely the opposite of how we learn and grow in the world. People need reasons, stories, and context to direct their skills.

We need the why to give us a context to understand and use the how. We need the why to give us good reasons to learn the how. The why makes the how relevant. The why makes the how endurable. The why makes the how possible.

The article is here.

Saturday, June 15, 2013

'Moral Mondays' are here to stay

By William J. Barber
The Guardian
Originally published June 10, 2013

Here is one excerpt:

It is not surprising, then, that a couple of months ago, when we called for moral witnesses based on Gandhi and Dr King's brilliant examples of nonviolent direct action, we had 17 ministers and other leaders answer the call and participate in the first inaugural "Moral Monday".

We were pleased, but not shocked, when 29 additional North Carolinians came the second Monday; 49 the third, 59 the fourth, and 151 last Monday, 3 June. Each week, the number of supporters multiplies; from about 300 the first week to more than 4,000 on 3 June.

The appeal for each Moral Monday has been the same: urging legislators to govern for the good of the whole, rather than for the wealthy. We didn't come to this decision lightly. In fact, we made several attempts to meet with the far-right legislative leadership. Governor Pat McCrory invited us to his house for a 20-minute chat. We said we wanted to work with him to be sure he governed for the good of the whole, as the US constitution requires him to do. But it was clear he was marching to the beat of a different drummer.

Since then, we have tried repeatedly to meet with legislative leaders. No luck. Once they refused to meet and refused to stop their destructive campaign, we had no choice but to commit our constitutional responsibility to instruct our legislators by engaging in nonviolent civil disobedience.

The entire story is here.