The Innocence Project

December 26, 2017

I want to talk about people we are less used to talking about around Christmas.

Several times a year I am guaranteed to have a good cry – whenever I get the latest bulletin from the Innocence Project. Without fail they describe at length someone who spent decades in prison, sometimes on death row, for crimes they did not commit. As a human being I am always heartbroken. As an American who believes that we all have a right to liberty, I am both sick and outraged.

And once freed, what education, training or experience do they have? Did they have a chance to start a family and are any left to warm their hearts? The dislocation of freedom is immense. I’ve met men in prison afraid to come out. Those lost decades freeze the soul as they scar past, present and future. Freedom is precious. It also unravels.

I am outraged because there are too many in this country, too many with the power, to keep people in prison, even execute them, even after it has become clear that they were innocent of the crimes for which they were convicted. Justice O’Connor, bless her heart, saw that as unacceptable, although we didn’t always agree on the facts. But the Supreme Court has not yet found the character or the will to conclude that it is unconstitutional to hold an innocent person once that becomes clear, or to sit tight and deny a hearing once evidence has been found that makes it improbable that the prisoner was guilty. The Court has refused to find a right to DNA evidence when that could prove innocence. And prosecutors repeatedly do everything they can to withhold evidence that could result in justice instead of in conviction. The Supreme Court has even said that there are no penalties for withholding evidence even when it is in clear violation of constitutional obligations.

As an American, it is an understatement to say that is no source of pride. As an attorney and a human being, it is a source of disgust – and fear. A legal process that ignores justice is a threat to us all. The purpose of the Bill of Rights and of the Fourteenth Amendment is to protect us all from the abuse of law to polish the prosecutor’s reputation or prejudices instead of serving the cause of justice. Unfortunately attorneys know that the criminal process is more like a canning factory than an effort to separate the innocent from the guilty, truth from lies, and fairness from abuse.

The ACLU and the CATO Institute, otherwise often on opposite sides, come together in support of truth and accurate decision-making. But when the issue is the rights of people accused of crime or the rights of people who have been imprisoned, too many eyes glaze over, not from tears but indifference. Yet those rights, if and when they are honored, are what differentiate us from a police state where people can be imprisoned because of their politics, their parentage or their refusal to kowtow to the unreasonable demands of authorities. These are part of the central meaning of being an American.

The people whose title is Justice of the United States Supreme Court who vote most consistently to protect the right to life of fetuses are the least likely to protect life in any other context. That is hypocrisy under black robes. The behavior of callous prosecutors and unqualified Supreme Court justices is an American disgrace.

— This commentary was broadcast on WAMC Northeast Report, December 26, 2017.

Advertisements

Chemicals, Infertility and Morals

March 27, 2017

You’ll be subjected to rolling commentary on innumerable aspects of the Gorsuch hearings. I prefer, as I often do, to address deeper aspects of our competing value systems that underlie the surface of our political battles. One is the human impact of our treatment of planet earth.

Human behavior is injuring our environment. But nature has ways of winning the battle. It turns out that our fertility is as fragile as the eagles’ before DDT was banned, that endocrine disruptors and other environmental toxins are damaging our ability to reproduce – they’re in our kitchens, pesticides and other purchases.[1] That can be a powerful counterattack against the human activity that is warming the globe. If we become infertile and our population plummets, America will become a sad, lonely, vulnerable place, and, quite likely, conquered by any healthier peoples left.

Nevertheless, I’m sick of making consequential arguments, to tell people that if we don’t do this or that, bad things will happen. I think the arguments I’ve been making are air tight. But the science floats over people’s heads. A women, well-enough educated to know better, told me that she chose not to think about the environment because it was too big to deal with. Her comment made clear to me that reason doesn’t reach nearly enough people. Science won’t solve anything unless we accept and act on it.

So let’s address the moral issue. No one, no business, no company or corporation has the right to put toxins in the environment, chemicals that can make it impossible for people to reproduce or kill or maim those of us alive, or make us produce deformed and handicapped children – no one and no company has that right. And they don’t have the right to change the subject, throw smoke in our eyes, saying something else is the problem when they aren’t bothering to check. We’ve had enough lies. This is not a football game where deception is a winning strategy. In human life, deception is sinful, immoral, totally unacceptable. Taking risks with other people’s lives and making excuses for it is criminal.

If there is an economic problem, then, as many labor leaders have suggested for decades, let’s share the work, or create other jobs that don’t do damage – jobs aren’t an excuse for hurting people. Hurting people isn’t a job; it’s a crime. People aren’t entitled to work at criminal enterprises.

The Cabinet and the President and the Members of Congress and the state and local governments aren’t entitled to commit the crime of murder by poisoning the environment. Pro-lifers and liberals should be united on the environmental front given the enormity of the killing, of adults, children, fetuses and sperm. We’ve all seen multiple films with populations at risk and the starship or other craft working hard to prevent destruction of civilizations. The authors of those stories were trying to portray the immorality of destroying civilizations, and they were warning us of the likelihood that we would face that problem.

How many of us are moral enough to deal with this issue? Isn’t it criminal to support the rape of the air, land, food and water that give us life? Isn’t it criminal to carelessly poo-poo the dangers? How many of our corporate and elected officials are criminals?

Those with so little respect for the lives of fellow human beings must repent, stop and stop those who do, immediately and completely.

— This commentary was broadcast on WAMC Northeast Report, March 21, 2017.

[1] https://www.nytimes.com/2017/03/11/opinion/sunday/are-your-sperm-in-trouble.html.


Choose Life

February 28, 2017

I want to focus on a serious issue that is being ignored in favor of all kinds of fake news and grandstanding. In college, I took a course on demography. That means we were looking at the explosion of population in parts of the world, which then leveled off, but at much higher levels than before. Everything we are struggling with in this twenty-first century is related to that explosion of population.

The most significant advances in our longevity were the result of public health advances, precisely the things that people don’t want to spend on right now, on our water and sewer systems. I remember my dad asking every owner of places where we stopped for the night whether the water was potable, meaning it was drinking water from which we would not get sick. That was new in his lifetime. And by the way, my dad grew up in Brooklyn, in New York City, using an outhouse. Sure many of us have used outhouses at one time or another but they are not the best protection for public health in large communities – septic systems take lots of space.

After water and sewer systems, penicillin probably made the biggest difference – it’s probably why I’m talking with you today but never met my sister who died at the age of three before the discovery of penicillin. Those advances added decades to our lives by comparison to very short advances from modern medicine and surgery.

And they are a large part of the problem of global warming. There are lots more of us burning things, driving cars, using electricity, getting what we need for business or pleasure from the furthest corners of the world. That takes energy. Energy has been produced by burning things. And so the world gets hotter, the oceans expand, tropical diseases proliferate, and life threatens to get nasty, brutish and short once again. And efforts to mitigate that will be overtaken if population continues to expand – worldwide it’s doubled in my lifetime.

So when I hear about advances in medical science, like the possible elimination of malaria, I think how wonderful for the likely victims, and then I wonder about the global impact. There is no free lunch. We can make lots of advances. But the world has its limits. More people will put more stress on the environment. And stress on the environment is already heading us toward the next major extinction – us, human beings, our children and grandchildren.

And so I think there is a trade-off between our health and our numbers. There is no human life after we are extinguished – only death and tears. So let’s be clear, I am very pro-life, but to be pro-life demands support for birth control, especially the kinds that prevent conception.

There is no so-called pro-life position that is not also a position about death. It seems to me that The Church and all houses of worship, must rethink their positions about death and destruction along with their positions about conception. The two are intertwined by laws well-beyond our ability to control. Yes the Bible says choose life, all our bibles say that in some form. But are we choosing life if we ignore the reality of death, destruction, and extinction?

— This commentary was broadcast on WAMC Northeast Report, Feb. 28, 2017.


%d bloggers like this: