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A tale of two professors and Sarah Palin on Obama's 'death panels'

By: Mark Tapscott
Editorial Page Editor
08/09/09 11:52 AM EDT

Former Alaska Gov. Sarah Palin gives her resignation speech July 26, 2009, in Fairbanks, Alaska. (AP Photo/Al Grillo)

 

Sooner or later, former Alaska Gov. Sarah Palin's critics are going to realize that, while her style of speaking drives them up the wall, they are spectacularly imprudent to assume she doesn't know what she is talking about. Consider the reactions of two prominent law school professors to this statement posted by Palin on her Facebook page:

"The Democrats promise that a government health care system will reduce the cost of health care, but as the economist Thomas Sowell has pointed out, government health care will not reduce the cost; it will simply refuse to pay the cost. And who will suffer the most when they ration care? The sick, the elderly, and the disabled, of course. The America I know and love is not one in which my parents or my baby with Down Syndrome will have to stand in front of Obama’s 'death panel' so his bureaucrats can decide, based on a subjective judgment of their “level of productivity in society,” whether they are worthy of health care. Such a system is downright evil."

Palin's reference to Obama's "death panel" inspired Prof. Harold Pollack to pen the following "have you no decency" witticism on The New Republic's health care blog: 

"To be clear, it is downright evil to establish a 'death panel' that decides who is allowed to live based on their “level of productivity in society.” Less clear is what the heck Palin or Bachmann are talking about. I can’t find the words “death panel” in any administration position paper, the stimulus package, or the House and Senate draft health reform bills. Don’t take my word for it. Read the bills."

Of course, Pollack, who is a University of Chicago professor of social service administration, could as easily have said that there could not been any genocide in the Soviet Union, China or Cambodia because Joseph Stalin, Chairman Mao, and Pol Pot never  used the term "death camp" in any official communication, either.

But another professor's reaction to Palin's statement demonstrates that Pollack's snark was too cute by half. According to Cornell University law school's William Jacobson, writing for the Legal Insurrection blog:

 

"The incoming fire has been withering, as usual. Palin is accused of becoming the 'Zombie Queen,' certifiably insane, 'clinically wrong,' and espousing a 'gruesome mix of camp and high farce.'

"These critics, however, didn't take the time to find out to what Palin was referring when she used the term 'level of productivity in society' as being the basis for determining access to medical care. If the critics, who hold themselves in the highest of intellectual esteem, had bothered to do something other than react, they would have realized that the approach to health care to which Palin was referring was none other than that espoused by key Obama health care adviser Dr. Ezekial Emanuel (brother of Chief of Staff Rahm Emanuel)."
 
Jacobson explains that:

"The article in which Dr. Emanuel puts forth his approach is 'Principles for Allocation of Scarce Medical Interventions,' published on January 31, 2009 .... While Emanuel does not use the term 'death panel,' Palin put that term in quotation marks to signify the concept of medical decisions based on the perceived societal worth of an individual, not literally a 'death panel.' And in so doing, Palin was true to Dr. Emanuel's concept of a system which
considers prognosis, since its aim is to achieve complete lives. A young person with a poor prognosis has had a few life-years but lacks the potential to live a complete life.
 
"'Considering prognosis forestalls the concern the disproportionately large amounts of resources will be directed to young people with poor prognoses. When the worst-off can benefit only slightly while better-off people could benefit greatly, allocating to the better-off is often justifiable ... When implemented, the complete lives system produces a priority curve on which individuals aged between roughly 15 and 40 years get the most chance, whereas the youngest and oldest people get chances that are attenuated.'
 
"Put together the concepts of prognosis and age, and Dr. Emanuel's proposal reasonably could be construed as advocating the withholding of some level of medical treatment (probably not basic care, but likely expensive advanced care) to a baby born with Down Syndrome. You may not like this implication, but it is Dr. Emanuel's implication not Palin's."
 
Put another, less charitable way than Professor Jacobson chose, the analyses of Palin critics would be more likely to be taken seriously if they displayed at least a modicum of intellectual honesty.
 



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Reader Comments

All comments on this page are subject to our Terms of Use and do not necessarily reflect the views of the Examiner or its staff. Comment box is limited to 250 words.

Reinaldo Gonzalez

Aug 9, 2009

What else can be expected from a brainless quitter like Palin. I hope she does run in 2012 that way she feels the agony of defeat twice. She could not handle a job in Alaska how the hell does she expect to solve the worlds problems. Down stream is right..

 

indy

Aug 9, 2009

to be honest, that doesnt sound like sarah palin at all to me. it wouldnt surprise me one bit if someone else is behind the keyboard. smart move on palins team though, they are basically fooling the blind hidden behind their facebook account.

 

Rick Caird

Aug 9, 2009

Boy, two ad hominem's from the two lefties posting above. This is so typical of the left: Zero attempt to engage the issue either with Palin or Tapscott. I am guessing the very idea there is an issue went completely over their heads.

Rick

 

dismayed

Aug 9, 2009

I'm shocked by American ignorance. Palin is completely right in what she's saying. You people who don't get it are going to be really surprised when Big Brother shackles you to a wagon heading for a FEMA camp- then again, you're exactly what they want in their New World order- brainless cattle!

 

dismayed

Aug 9, 2009

What happened to my comment? Scared of the truth?

 

domingos

Aug 9, 2009

This is my second comment,one of the commets above speaks as if the Americans(the U.S. Americans) would have to resolve the world problems,how arrogant you are,the last time that you really helped to solve a world problem was at the second world war.

 

Domingos

Aug 9, 2009

My first comment refered the fact that the majority of your media disrespected Palin and her family and insulted her brutally,if she is really crazy why do you comment so heartfully what she says?Do you comment looneys in your country?i am Portuguese,we might disagree with our politicians but we generally leave their families alone,Palin has values that most of you lost,that is being a patriot...

 

shelby

Aug 9, 2009

Americans need to wake up and see what's going on here. S.P. is right. President O and congress want's us the American Public to just shut up and take the socialized healthcare whether we like it or not. For the first time in my life, I have never seen a President and it's administration that wants to fight against it's citzens. Unbelievable

 

Lonnie

Aug 9, 2009

I have no interest in what Sarah Palin has to say about anything including the weather. In my opinion she is the most dumbest of dumb.

 

Todd

Aug 9, 2009

And yet, Lonnie, you took the time to read and comment on this article. Your actions prove that your comment is a complete lie.

 

Heather

Aug 9, 2009

Instead of debating the subject the trolls do what they do best, naming calling and old talking points.

 

Heather

Aug 9, 2009

naming = name
Is trolls name calling? NA

 

heshtesh

Aug 9, 2009

Lonnie: How many sites did you have to check out before you could find a Palin story to comment on to soothe your addiction.

 

Rob

Aug 9, 2009


Sarah Palin lives thousands of miles from the inside of the incestuous beltway/ media bubble. Maybe she can see more clearly from beyond even flyover country.

Her comments on these huge attempts to centralize the American economy are worth hearing, since much of this legislation has been passed unread and unexamined. Now why would that be?

And now anyone who criticizes this slight of hand, is attacked, as what, Nazis. Obama has always been pretty bad at real history and seems to have forgotten that the Nazis were big into government control and supression of dissent.



 

Pelorus

Aug 9, 2009

Consider this article a combination attitude/intelligence test. If you didn't read and/or understand what Cornell University law school's William Jacobson had to say, but still slammed Sarah Palin, you need to get back to text-messaging your BFFs and leave politics to the adults.

 

sil

Aug 9, 2009

The CDC has already gotten into the spirit of the "death panel" when prioritizing the H1N1 vaccines: recommending they go to adults and school age children first (and not to the elderly).

 

kay

Aug 9, 2009

Palin's comment is spot-on target. Leftists are the last to admit that they promulgate this kind of evil, usually among the first to need rescuing from it, and usually the first to forget about that, too...

 

DA

Aug 9, 2009

diddo what Lonnie sayed..

 

Dan the Man

Aug 9, 2009

As long as everyone knows that Cap & Trade has nothing to do with the environment, that the Stimulus Bill had nothing to do with jump-starting the economy, and that the healthcare bill has nothing to do with making anyone healthy and or well, then we can debate. Otherwise, any discussion with the opposition is useless.

 

chatham

Aug 9, 2009

Gonzalez, To support your insult of Brainless ,you need look no further than this democrat congress right up to Obama and His administration.

 

Truth Now

Aug 9, 2009

Palin was actually referring to the inclusion of a living will provision in some of the latest health care language. (The story above is a sneaky lie intendd to protect Palin.)

A living will gives the patient the ability to decide how to handle end-of-life matters, just the opposite of what Palin is saying. Palin is lying. She turned the language around to scare people into believing that it's the government making the decisions.

 

Michael Homo Hendry

Aug 9, 2009

OK, so the brother of Obama's chief of staff wrote an academic paper about deciding levels of care based on age and prognosis.

And Sarah Palin whips that into reckless talk about "death panels". She alos invents a complete fiction about “level of productivity in society".

So, there's nothing like this in any health proposal going through congress, and Palin invented half of it, and the other half was written by brother of an aide to the President.

By the way, how are republicans proposing to allocate health care? It's not limitless you know. Age and prognosis sounds like a very practical approach. Unless you are one of the 47 M Americans currently without health care. Then you have a limit of zero.

 

Richard, Dubuque

Aug 9, 2009

For all of you rocket scientists who think that Palin is an idiot, and that you are the smartest thing since Einstein, have a look at pages 424-230 of the House health care reform bill. It is all there. "Advance care planning consultation" that intensifies as the patient lingers on without recovering. Orders for life-sustaining treatments will be standardized. These are "actionable medical orders" that can be signed by a physician, nurse practitioner or physician assistant. The orders can range from being standard treatments to that of withholding antibiotics, nutrients, water, etc. In other words it is plainly written that standardized care includes the option of the health care provider being able to make the judgement to withhold treatment, and to withhold food and water. So, why don't you people read what is in the bill before opening your pie hole. If it worked for Terri Schiavo it will work for the rest of us.

 

Not Chicken Little

Aug 9, 2009

If the proposals of Dr. Ezekiel Emmanuel, White House Health Care policy adviser, do not make your skin crawl then you are the type of person the Obama administration is looking for - someone who can and would withhold care from infants, the elderly and other "defectives" based on their "worth" to the collective society - and, of course, we know who would get to make that judgment, don't we (hint: it would not be people like Sarah Palin, conservatives or other non-progressives)?

 

bobc

Aug 9, 2009

Gov. Palin is the only politician I know that has taken on oil companies and politicians of her own party...that proves to me she has more courage than the far left scum!

 

MissButterfly

Aug 9, 2009

The author is right. Sarah Palin's language may be harsh, but it's not nearly as harsh or creepy as Ezekiel Emanuel's eugenics.

 

MsElainieous

Aug 9, 2009

Do you think Palin's comments are untrue?
You can not possibly have read HR3200 and not come to the same conclusion. Muddle and Malign are all I can see from Palin bashers. No substance, No debate, just Muddle and Malign. Do you want to know what others think of Dr. Ezekial Emanuel? Watch this video...
I challenge you..
http://www.liveleak.com/view?i=ddd_1248653862...so what do you Nazi cheerleaders think about that?

 

Trish Lopez

Aug 9, 2009

As an Alaskan experiencing Palin first hand I can assure you that she's a crackpot. Any action she took in office was to ensure her popularity with the Alaskan public. She calls herself a fiscal conservative but she gave every Alaskan $3000 this year creating a deficit in the state government. Secondly, taking on big oil is ridiculous! She taxes them so much that our economy will be tanked when the gasline she stated is already built, never occurs. Palin's mentality is one of a high school prom queen who never took the time to educate herself on the issues. Our new
governor has a non-quitting demeanor and is tackling issues head on instead of creating fights with David Letterman.
May the nation embrace us since Alaska is happy to be rid of her.

 

Sophie

Aug 9, 2009

Trish you may live in AK but you're getting your talking pts from someone and not even transcribing them accurately. The new Gov is Palin's Lt Gov to whom she entrusted the keys and is carrying on her policies. She has never said the gas pipeline was built, only that the contract has finally been signed (after much negotiation). Last I read, unlike most states AK had a surplus, due to Palin's fiscal conservatism. And of course, David Letterman started the fight by a nasty attack on her child on national TV.

Bad astroturfing, Trish. More like this and your community organizer won't be paying you the $4.20/hr to write this junk. Or do you get paid by the comment?

 

MissButterfly

Aug 9, 2009

We can expect a lot of trolls, since Obama ordered the bloggers to do their bit.
I doubt that Trish even lives in Alaska.

 

Yehudit

Aug 9, 2009

I love Sarah and agree with her assessment of this issue because I DID know about Emanuel and the contents of the bill. However, she was amiss in not connecting the dots so we all wouldn't have to write articles explaining what she was talking about. As in "based on this article by Obama's health advisor Emanuel" or "if you look at Section xx it says...and we know that one of Obama's advisors is ....therefore I am confident in using the term "Death Panel" to describe ..."

She's got a restless intelligence with an impatience about the necessity of filling in the blanks. As those not already in the know continue to be mystified by what she is basing her comments on, she will undermine her credibility and worse, the rest of us will have to spend a lot of time & energy supplying her references. She should hire a speechwriter to do that for her before the articles get published.

 

Grace O'Malley

Aug 9, 2009

On July 15, 2009 Peter Singer wrote an article for the New York Times giving rationales for rationing Health Care.
http://www.nytimes.com/2009/07/19/magazine/19healthcare-t.html

Peter Singer is a bioethicist for Princeton University who believes that there is no reason a parent should not be able to abort a child up to two months of age if they are disabled. Yes, folks two months after birth. Of course this article out at this time is not a simple coincidence.
Those who are unwilling to see the reality of Rahm Emmanuals brother beliefs and Obamas use of him as an adviser are just like those who supported Hitler and Stalin. Make no mistake about it. The 19th century progressives were the ones who embraced eugenics, today's progressives are the inheritors of that history.

 

Rangerider

Aug 9, 2009

I'm an "old" guy and for you Sarah haters and the hater from Alaska, you must admit her use of metaphor is quite good:-)

 

dunn

Aug 9, 2009

Palin is absolutely spot on. You cannot provide government health care to the masses without rationing care. Can't and won't work. This public option is just a ruse anyway. It is only gonna sucker you in then get rid of your private. When companies are faced with an 8% tax if they don't provide you with healthcare they would rather pay the tax because it will be cheaper there by eliminating private insurance companies. Just google Jacob Hacker. This public option is his baby based on Medicare. But, the guy is completely delusional. Medicare is costly to run.

 

Brian

Aug 9, 2009

Am I missing something; aren't prices already rationing devices? Our current system of rationing brings a tacit understanding that people less able to pay are less deserving of care. Define "wealth" as an indicator of one's “level of productivity in society,” and you have the system Palin decries. I would absolutely prefer to have public resources rationed to maximize outcomes. Private resources can be spent on less wise (though pitiable) circumstances.

 

Grace O'Malley

Aug 9, 2009

The difference Brian is that in today's world walk into an ER in the US and you will be treated, regardless. You may have a big bill that you are responsible for, but you will be cared for and admitted if necessary and cared for however long it is necessary for you to be there. As a nurse I attest to that.
And anyone who "would absolutely prefer to have public resources rationed to maximize outcomes" is not someone I want making decisions for me or mine. Ultimately you nor anyone else has the right to make those choices, only the person affected and their families. As a nurse I know that reform is necessary to the healthcare system, I also know that this is not the way to do it.

 

Rod Carveth

Aug 10, 2009

OK, Mark, where in the health reform bills put forth so far is there anything that would implement what Dr. Emanuel put forth in his policy paper? Answer: nowhere. As usual, Governor Palin does not know what she is talking about. She is fear-mongering, pure and simple.

 

Rod Carveth

Aug 10, 2009

Sil,

Please check the CDC guidelines for distributing the H1N1 vaccine before spreading misinformation:

"Once the demand for vaccine for the prioritized groups has been met at the local level, programs and providers should also begin vaccinating everyone from the ages of 25 through 64 years. Current studies indicate that the risk for infection among persons age 65 or older is less than the risk for younger age groups. However, once vaccine demand among younger age groups has been met, programs and providers should offer vaccination to people 65 or older."

In other words, it is risk, NOT rationing, that is driving the CDC policy. Please note that according to the CDC, the average age of a U.S. swine flu patient has been 19.

 

Brian

Aug 10, 2009

Grace O'Malley, I'll see your "As a nurse..." and raise you another nurse and six physicians in my immediate family who disagree that going to the ER is anything like a replacement for health care. [To be fair, one of them hates Obama's plan.]

As for "you nor anyone else has the right to make those choices", I assume you have insurance, so you have already surrendered the final say over your family's care. At least a public program might seek to maximize outcomes rather than profits, even if it also has to say "no" sometimes.

 

JW

Aug 10, 2009

The healthcare we have now is rationed by the Insurance companies. No healthcare system in the world gives every patient everything they expect. The Billions of dollars used to pay for Admin and Profits for the insurance companies could better be used on real healthcare. I lived in Europe for 32 years and the system they have is far superior to what is going on over here.
One question if have for Obama is, will the universal plan have a drop out clause for pre existing conditions.

 

Kristal1122

Aug 10, 2009

Those Emanuel boys are evil.

 

Doc

Aug 10, 2009

News Flash!!!
Logan's Run to become Reality Show.

 

judith.miley@verizon.net

Aug 10, 2009

Dems demanded to know the people advising the Bush/Cheney administration about energy so that they knew what Bush was contemplating....the same applies to obama/emmanual admin.....and it is not a pretty sight.

 

goodspkr

Aug 10, 2009

There is no Death Panel in the bills. Of course there is no mention of abortion in the Constitution, no mention of national healthcare there either.

There is a 10th Amendment to the Constitution, but there is a Department of Education, regulations on the type of toilet I can have in my house, and an attempt to tell me what kind of light bulbs I can use in my house.

I do believe these writers are naive idiots or lying liberals.

 

megapotamus

Aug 10, 2009

Death panel? You betcha! From the UK comes yet another story of the benefits Obamacare will bring to you and me. A mom of two young boys had chest pains. Could that be serious? After two days of frantic appeals she was examined for 11 minutes and instructed to treat the pain with some ibuprofen, which the NH did not even supply. Surprise! She died in agony in front of her children. Do we really have to bring this here before the anti-american scum of the Left get a clue? Trick question, they don't mind people dying in the street as long as it is the little people. Go Sarah!

Oh, and Lonnie, if you are questioning someone else's intelligence you might avoid phrases like "most dumbest". Can you guess why?

 

megapotamus

Aug 10, 2009

For your consideration....

http://www.dailyrecord.co.uk/news/2009/08/03/exclusive-fury-after-hospital-sends-heart-attack-mum-home-to-die-86908-21567473/

 

Pat D

Aug 10, 2009

JW is lucky he didn't get cancer while living in Europe. The five year survival rates for UK males is 45%, Europe 47%, and the US 66%. The corresponding figures for women are 53%, 56% and 63%. The US figures reflect the care given to all Americans, not just the insured.

 

VenturaCapitalist

Aug 10, 2009

Read Dr. Death's Lancet article for yourself:

http://www.ncpa.org/pdfs/PIIS0140673609601379.pdf

It's only a few pages long, but the graph on the 6th page tells the whole story.

If this program passes, The Emmanuel brothers and other Chicago thugs will be making the decisions about your medical treatment. If it costs too much, it'll be your patriotic duty to go off someplace and die quietly (and cheaply) so they can give the money to Acorn. It's all about social justice.

 

DB

Aug 10, 2009

Insurance companies make decisions on what they will pay for. So will a government insurance company. That is not new. To call it a death committee is sensationalism, and to imply that somehow unique to government care is dishonest.

Everyone needs to relax. The constitution prohibits interference with contract. If the government plan is crap, nothing can stop us from having a contingency.

 

Anne

Aug 10, 2009

If there is a 'death panel,' then Dr. Ezekial Emanuel will be the 'Death Czar

 

Richard, Dubuque

Aug 10, 2009

Re: Death panel. If you will read pages 424-430 of the House health care reform bill you will find it. It is plainly stated that standardized medical treatments will be in place and can be ordered by a physician, nurse practitioner or physician assistant. Part of the standard medical practices are the witholding of antibiotics, in which case an infection will progress resulting in an agonizing death. And, as part of these standardized treatments water and nutrients can be withheld. What part of euthanizing people don't you understand? Terri Schiavo was a practice run for the masses, i.e., the little people.

 

Aug 10, 2009

Governor Palin is brilliant. It's about time someone stood up and said what needed to be said. Obama's health care package won't save any money, as it is supposed to, it will drag us down faster than the current system. Yes we need to reform health care not rip it apart.

 

tammy

Aug 11, 2009

all of u idiots that r for obama need to do your homework 1.being A natural born citizen is the most important requirement to be president,both birth parents have to have been born in the USA also 2.look up femacoffins.com or femaconcentrationcamps.com (look it up u idiots)3.obama has not told us the truth about anything,if u want to live like a communist go live w/them in their country this is a FREE COUNTRY.SARAH PALIN IS FOR THE PEOPLE AND THE BEST CHANCE THIS COUNTRY EVER HAS OF GETTING BACK TO WHAT THE GOOD OLD USA IS ALL ABOUT!

 

LibertyAmerica

Aug 11, 2009

I must say that Sarah Palin correctly read the signs of the times with her comments. Citizens of the USA, you need to wake up and not accept everything that government is telling you. One day you will wake up and realise that your own selected people have taken away your freedom with your own consent. Do not be brainwash with smart politicians in the white house and the media - it is time that you awakens and realise that your beautifull country may soon be in the hands of a socialist elite that will dictate to you how to life and to work but without any freedom. Once you have a government controling all factes of your life, even your health care - you will be in trouble.

 

ZZMike

Aug 11, 2009

I'm not at all surprised by Reinaldo and indy (at the top of the comments).

When you have no case, no argument, no rebuttal, you call your opponent an idiot.

It's human nature.

And it proves that they have no case.

domingos: "how arrogant you are,the last time that you really helped to solve a world problem was at the second world war."

If that's all we ever did, and never did another thing, we'd still take first place in the history books.

Because of that little thing we did on WW II, there's a Europe that speaks French, Italian, Spanish, Portugese - not German.

And there's an Asia not under the thumb of the Japanese Empire.

Your ignorance of history is immense.

Lonnie: "She is the most dumbest of dumb."

Let us know how you're doing as governor of your state. Let us know when you pass English 101.

 

Lanier Y Chapman

Aug 11, 2009

Life or death should not be determined by "the level of productivity in society." It should be determined by one's ability to pay. That's how a free market works--that's what made America great.

 

Maezeppa

Aug 11, 2009

Of course "productivity" is a factor in considering patient care. Making an extraordinary effort for an 88 year old that you might make for a 20 year old would verge on sadism.

 

StargazerInSavannah

Aug 21, 2009

It appears that only conservatives can be really dumb. To be really smart, one must have attended one of the Ivy League schools.
There is this really smart guy that went to Harvard that just sent $2 billion to Brazil to help fund oil drilling and his good buddy George Soros. Seems that this is the same brilliant lawyer who told us that we should inflate the tires on our vehicles to reduce the need for oil drilling.
Seems to me that the recent $2 Billion Brazilian oil drilling boondoggle was just a Harvard lawyer down on his knees with his mouth around the George Soros valve stem.

 

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