Tag Archives: Gary Nolan

Big Pharma vs Big Supplement

Right behind used car salesman and politicians, some of the most commonly distrusted people in our lexicon are large pharmaceutical companies—if people use the term “big pharma,” you can often assume that their thoughts are less than flattering.

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Turing Pharmaceuticals CEO Martin Shkreli

People like CEO of Turing Pharmaceuticals Martin Shkreli, engaging in a clear example of what can only be called price gouging, and later arrested on securities fraud charges, certainly don’t help the public opinion of the pharmaceuticals industry. And the list of civil and criminal actions against some drug companies don’t help either. As with any industry, there are clearly some bad actors.

Off-Label Promotion/False Advertising

One look at that civil litigation list provided, and you start to see a common theme. Almost all of them are for an “Off-Label” promotion violation of the False Claims Act, originally enacted in 1863. Off-Label promotion is when a drug company promotes a particular drug for treatment of something that isn’t supported by clinical data and thus isn’t approved by the FDA based on that data.

As an example, for men with male pattern baldness (androgenetic alopecia), minoxidil, which is often sold under the brand name Rogaine® from Pfizer was tested on the back of the scalp, often referred to as the bald spot, and as this report from the International Society of Hair Restoration Surgery after a 1-year post marketing study states:

In evaluating minoxidil effectiveness in stimulating hair regrowth, the investigators found the 5% solution very effective in 15.9% of patients, effective in 47.8%, moderately effective in 20.6% and ineffective in 15.7%.

Image result for rogaine

 

But it was not tested on a receding hair line near the forehead (bitemporal recession), so despite the fact that logic would seem to dictate it would be effective there also, it can only be marketed to restore hair at the scalp until studies confirm its efficacy for bitemporal recession as well.

This kind of false advertising is certainly inexcusable, and I don’t want to claim otherwise—the purpose of this article isn’t to argue that pharmaceutical companies are faultless and incorruptible. But instead, to promote skepticism as to whether they are to be trusted to a lesser degree than supplement companies.

Because of the life-and-death situations or general health implications involved when taking pharmaceuticals, that industry is far more heavily regulated than most—and arguably for good reason.

Image result for regulations

But such heavy-handed regulation has other implications. The more regulations an industry has, the greater the risk they’ll be prosecuted for violations, as their compliance is that much more complicated to achieve.

Said violation may be an intentional misrepresentation, an innocent mistake, or a subjective situation where they feel their claims are fair and accurate, but the courts ultimately disagree.

However, any industry has a list of civil litigation, so the argument that pharmaceutical companies are unique in this where supplement companies aren’t, or any other industry in general isn’t, is patently false logic.

Supplement companies have often been found to make equally false claims through the years, and  as this article from the New York Times shows, the federal government has cracked down on them also.

But it’s imperative to understand that pharmaceutical companies largely make testable and proven claims, where supplement companies almost never do. I don’t think one can fairly argue the people making testable and proven claims most of the time, are somehow less honest than the people who purposefully don’t, because they know they’ll get sued for false advertising if they do.

Profit Motives

There’s this notion that big pharma rakes in huge profits, while supplement companies are promoting all-natural products that work just as well at treating illness, and are being suppressed by the pharmaceuticals industry because they’re so cheap, so big pharma can keep you sick to maintain those huge incomes.

The problem with this argument is that it’s a patently false premise because the supplement industry is incredibly profitable too. As this PBS article from 2016 points out, they’re a $30-billion industry. By comparison, this US Trade Commission report shows that total pharmaceutical sales weigh in at a stout $333 billion.

Big supplement is 1/10th the size of big pharma, but they’re nothing to sneeze at, and at the end of the day, the profit-based-motive argument that decries big pharma is equally true for big-supplement. So one cannot fairly use that to attack big pharma against big supplement. But there’s more meat on this bone than you might think.

Why the Price Discrepancy?

As was noted earlier, the regulations around pharmaceuticals are based on the FDA requiring clinical trial data to support their claims. This is a good thing. But here’s a basic overview of how clinical trials work.

As this information from the FDA points out, (copied and pasted verbatim for accuracy) there are five steps in the drug development process.

  1. Discovery and Development
    Research for a new drug begins in the laboratory.
  2. Preclinical Research
    Drugs undergo laboratory and animal testing to answer basic questions about safety.
  3. Clinical Research
    Drugs are tested on people to make sure they are safe and effective.
  4. FDA Review
    FDA review teams thoroughly examine all of the submitted data related to the drug or device and make a decision to approve or not to approve it.
  5. FDA Post-Market Safety Monitoring
    FDA monitors all drug and device safety once products are available for use by the public.

If you click on the link above, each step is explained in great detail, and they’re incredibly complicated. Especially the Clinical Research portion, which has its own set of four phases within it.

  • Phase 1
    • Study Participants: 20 to 100 healthy volunteers or people with the disease/condition.
    • Length of Study: Several months
    • Approximately 70% of drugs move to the next phase
  • Phase 2
    • Study Participants: Up to several hundred people with the disease/condition
    • Length of Study: Several months to 2 years
    • Approximately 33% of drugs move to the next phase
  • Phase 3
  • Phase 4
Clinical Study Map. Click for more info

As you should easily understand from all of this, at a minimum, 2 years to 6 years of time and money will be spent by the pharmaceutical company, before they’ll ever see a dime of return-on-investment, nevertheless a profit.

But let’s do a little math here. Based on the FDA’s account of how many of those move all the way through the clinical trials process, 70 out of 100 move to phase 2 (70%), 23 out of 70 move on to phase two (33%), and 5-7 out of those remaining 23 move on to phase 4 (25% – 30%). Which means 93-95 out of 100 will not see the light of day, and will be money big pharma will have to write off as a loss. That doesn’t even include the ones that don’t make it through the other four steps that aren’t clinical trials.

So generally speaking, if one drug costs $5-$7 to manufacture, that means a drug company would have to charge, on average, $100 for that drug, just to break even.

When looking at the above, you can understand that since the supplement industry isn’t beholden to all of this, it makes sense that the average pharmaceutical would potentially be twenty times more expensive than the average supplement ($5 compared to $100). Not to mention, they don’t have to invest in all that pesky testing to verify their product does what they say it does either.

Image result for dsheaAs this article points out:

The Dietary Supplement Health and Education Act (DSHEA) of 1994, which was lobbied through Congress by the supplement manufacturers, exempted them from the FDA drug approval process.

How does that compute? Think of it this way. If you’re going to argue some chemical does something to your physiology or health (everything is a chemical, even all-natural supplements, so I’m not talking solely about man-made products), then you simply have to prove it.

If you’re able to prove it, and you want to make that claim, then your product is a pharmaceutical. You will market it as such, because there’s credibility associated with your product if you do so. Not all pharmaceuticals require a prescription after all, things like ibuprofen, NSAIDs (aspirin), and other OTC medications are still pharmaceuticals that make specific, testable, and proven claims. So there’s no harm in marketing your product as such.

However, if you can’t prove it, but you want to sell something anyway, you have to make vague claims that can’t be challenged in court because they can’t be falsified.

For instance, you might say something “promotes heart health.” If something has any dietary value whatsoever, it can fairly be argued it promotes heart health, because nutrients keep you alive. Your basic apple, a juicy steak, or a big fat cheeseburger could make a similar claim, even though the latter two actually can harm heart function too. However, if you want to say it reduces the risk of heart attacks, now you have a very specific claim that must be backed up with data.

The basic gist of the argument is that if your product works, it’ll be a pharmaceutical, and if it doesn’t really do anything, it can still be marketed as a supplement. However, this is not to say that supplements can’t help. If your doctor notes a particular vitamin deficiency, then taking that vitamin supplement is surely an advantageous course of action. But as this Scientific American article points out:

The new studies, published today (Dec. 16) in the journal Annals of Internal Medicine —including two new clinical trials and one large review of 27 past clinical trials conducted by the U.S. Preventive Services Task Force — found no evidence that taking daily multivitamin and mineral supplements prevents or slows down the progress of cognitive decline or chronic diseases such as heart diseases or cancer.

So when comparing the two on the trustability scale, consider this:

With pharmaceuticals, you’re trusting a group who has to support their claims with clinical data under threat of civil action, and therefore spends the millions of dollars to prove their claims.

With supplements, you’re trusting a company who avoids such litigation by making ambiguous claims because they either didn’t want to make the effort to do such studies. Or worse yet, such studies were conducted, and no efficacy was shown for the claim they hoped to make, so they sell it under the guise of an ambiguous and often untestable claim instead.

The Overlooked Downfall of Supplements

With supplements, the reason they’re often unregulated and avoid the skeptical eye of the FDA, is often because the FDA deemed them innocuous, and therefore didn’t need regulated. Think about that for a minute. The FDA basically argued that when taken at their recommended dosages, these supplements do very little, if anything, so there was no need to regulate them.

So how then does one come to a conclusion that such things are better at treating a condition than something which was actually proven to do something, and specifically the something you needed it to do?

But it does get worse. Because there’s a saying in biology that states, “Everything is a poison, what matters is the dose.” In small amounts, most of these supplement compounds are harmless. But as this CBS News video points out, because many people take these supplements on the belief that they can’t harm you, the fact is, some can do harm if taken in excess.

Many people fail to realize that you get almost all the vitamins and minerals you need in your diet, assuming you eat reasonably healthy. So taking a vitamin pill when you don’t have a deficiency of that vitamin, is effectively an overdose. Most of the time, you’re body just sends it out your exhaust pipe, but they can in fact be harmful.

The Naturalistic Fallacy

One of the final arguments I like to address, is the “all-natural” argument. (If you want an explanation of the Naturalistic Fallacy, click the title above.)

Cancer, arsenic, snake venom, and a litany of other things that kill you are also all natural. Many drugs stem from extracting the thing that helps you from a plant for instance, without making you consume other parts of that plant that either don’t help you, or might harm you.

To give you a fictional example, imagine you had a panacea tree. You notice that when eating the panacea tree leaf, that you feel slightly better when you have a stomach ache. So you start eating a lot more panacea tree leaves next time you get an upset stomach, but then you get dizzy because the panacea tree also has a psychotropic substance in it.

So pharmaceutical companies will extract the compound that helps with the indigestion, produce a pull that contains just that, so the next time you have indigestion, you don’t have to eat panacea leaves. You can just take their drug, and not have to deal with the psychotropic side effects from eating the leaves.

That’s clearly an incredibly simplified generic example, but you at least hopefully understand the principle of what pharmaceutical companies might do, and why they should get the presumption of benefit, compared to just eating some random plant that may help somewhat, but harm in other ways.

Expanding on our fictional example, there’s another scenario to note as well. Some of these compounds from a natural source, are so low in that natural source, like 1 PPM (parts per million). But in order for that compound to cure your condition, you’d need a dosage that’s more like 100,000 PPM (or 10%), so you either take a pill that was made with 100,000 molecules of just that compound, or you eat 100,000 of the panacea leaves and blow up your stomach because you ate too much.

Purposefully Keeping You Sick

People argue big pharma only wants to keep you beholden to big pharma by stringing you out on a never-ending supply of drugs. But there’s a few things to note on this point.

If you have an infection, you might take an antibiotic for a week, then you’re done. If you have cancer, you might be treated by something like chemotherapy, be cured, and then you’re done. I’m sure almost every one of you reading this, at one point in your life, had a condition which required you to take a drug for a short period of time, the drug cured your condition, and now you no longer take that drug.

These are all instances where big pharma cured you and did not string you out. But most supplements expect you to take them for the rest of your life, because you’ll be healthier. So who’s stringing you out again?

Risk Mitigation

Many conditions people might have may require surgery. Surgery can be very dangerous and expensive. But there might be a drug that can manage your discomfort much more cheaply and less dangerously. If the condition isn’t life threatening, people will often choose not to have surgery, and just take the drug to manage the pain instead. Things like back surgery for lower back pain and such, come to mind. That’s not big pharma stringing you out, that’s you and your doctor choosing not to take a big risk.

Something May Be Better Than Nothing

Many conditions are degenerative in nature. If you lop a finger off, it won’t grow back. This is true for your bones for instance, as well. So with degenerative disorders like Alzheimer’s disease or osteoarthritis, you cannot cure what is no longer there, at least, not yet.

So sometimes pain medications are the only alternative to osteoarthritis relief. Again, that’s not big pharma stringing you out, that’s your own body falling apart and you managing the pain with pharmaceuticals.

Rheumatoid arthritis and osteoarthritis are different types of arthritis. They share some similar characteristics, but each has different symptoms and etiology.

I say “not yet,” because regenerative medicine (the ability to regrow things on someone that aren’t regrowing naturally) is one of the biggest areas of new discovery these days.

It should also be noted that because researchers are working on regenerative cures, they’re also working to heal you in a short time, then stop treatment once you’re well. If we go back to the “stringing you out” argument, if that was their goal, they’d be pushing painkillers, not spending millions to find cures.

SYNOPSIS:

Both Big Pharma and Big Supplement are hugely profitable. Arguing one is better than the other based on profits is false.

Big Pharma is heavily regulated and backed by science. Big supplement is just a company trying to sell you something that is largely unregulated.

Most people who make pharmaceuticals studied years of biology to do what they do so they could make things that save lives. People who make supplements often don’t have such training, and are largely operating on guesswork, anecdotal evidence, false assumptions, and sometimes, outright lies and speculation which can genuinely be likened to magic and the supernatural in their outrageousness.

You should always be skeptical in life, and I would never promote not questioning big pharma, but if I’m dying and have to trust one of them, I’m going to trust the one with proven results, and I’m willing to pay them in a manner that makes them profitable to do it.

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A Skeptical Look at Kneeling During the National Anthem

By now, unless you live under a rock, you’ve no doubt seen the backlash of these tweets from Donald Trump.

But how did we get here?

Most know it started with former San Francisco quarterback Colin Kaepernick, who decided during the 2016 NFL preseason to kneel for the following reasons, as cited here on the NFL website.

I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color. To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder.

Colin Kaepernick

If you are reasonably familiar with the situation, and on social media, you’ve no doubt noticed most people have an opinion on one side or the other, and it’s nearly as heated and divided as religion and politics infamously are.

Since most opinions I’ve read are pretty passionate instead of objective, I felt it was worth exploring the subject from a skeptic’s point of view. As an issue, between Trump’s position and Kaepernick’s, it’s pretty complicated with a lot of facets worth considering individually.

If we start from the beginning, Kaepernick opted to do this in the wake of a number of police involved shootings of young “black” men, some of which, were unarmed. It appeared to be excessive force by many, and potentially even manslaughter or murder. Yet no charges against said officers were filed in the immediate aftermath. (I’m not aware of whether charges were filed later.)

I’ve written several times about police behaving poorly, and that this issue needs to be addressed far better than it is currently. I’ve also stated in my post “Analysis of Race and Perspectives of the #BlackLivesMatter Movement” (post also explains why I use white and black with quotations), that we as a nation have a lot of room to educate ourselves, and revise our long-held beliefs on racism.

While I believe the deliberately hateful racists, whether they be white-on-black or vice versa, are an incredibly small minority; many more biases are simply ingrained, and a product of conditioning versus a deliberate intention to demean someone.

Respectful discussions between the two sides can help overcome both, if we’re willing to have them. So I encourage all people, no matter what their skin tone may be, to be open to such discussions. It’s surely the only way tensions will improve.

But moving on from whether Colin has a point or not, let’s discuss his tactics, since they’ve now overshadowed his initial concern he was trying to bring awareness to, which for him, is almost assuredly a tragedy.

Is Kneeling Effective Towards His Goal?
SANTA CLARA, CA – OCTOBER 02: Colin Kaepernick #7 of the San Francisco 49ers kneels on the sideline during the anthem prior to the game against the Dallas Cowboys at Levi’s Stadium on October 2, 2016 in Santa Clara, California. (Photo by Thearon W. Henderson/Getty Images)

Since this started over a year ago, can we honestly say that racism has gotten any better?

It should be noted that it’s virtually impossible to quantify racism, but it is possible to quantify how many police shootings of unarmed black men who weren’t directly witnessed to have committed a crime.

Nonetheless, those parameters aren’t part of any FBI data I’ve seen. So there’s little way to determine if he’s been effective in reducing them.

As such, no claims one way or the other, can be considered anything other than speculation until that data is available. But I will say that it does seem like there have been fewer of these in the news since these protests began.

I think it’s also safe to say that racism is part of many discussions in a meaningful way at a number that’s probably as high as it has been since the civil rights movement.

The media’s coverage of Colin’s actions and their coverage of the police shootings which instigated his actions are largely to blame for this. So it is fair to say that he’s at least helped start the discussions that needed to happen, and are hopefully helping to achieve his end goal.

Are His Actions Congruent With His Goal

On this issue, I have to say I feel Colin missed his mark.

The U.S. flag is generally something that’s attributed to represent our nation, and also the men and women who served our military to defend it. But Colin never insinuated he was mad at those people.

He directed his anger at what he felt were several corrupt law enforcement officers, and the system that seemed to defend that.

So yes, he created awareness, but the people he offended doing it, were largely not the people he was mad at in the first place.

Is Colin Kaepernick a Racist

I cringe when anyone tries to make claims about what’s in someone’s heart. You just can’t know that. So you often have to take people at their word or their actions.

Colin Kaepernick with adoptive parents Rick and Teresa Kaepernick

I don’t recall seeing one instance where Colin said anything negative about Caucasians. It’s also important to note that Colin has a biological mother who is “white,” presumably a “black” father, and adoptive “white” parents who took him in and raised him.

The idea that he’s racist, seems pretty far-fetched, and not supported by any evidence I saw. But feel free to comment below, citing sources, if you’ve seen any statements he uttered against Caucasians in general.

Could He Have Chosen a Better Tactic?

Because Colin is famous, I believe he’d have done far more to improve these relations between the police and young urban minorities by doing community outreach with police. Maybe trying to start  a ride-along program with NFL stars, for instance.

Urging NFL players, especially those who were once urban minorities themselves, to go out with officers and start dialogues with them based on mutual respect between the police and many of the NFL players who were former at-risk kids themselves, would certainly help achieve his goal.

If police hear these stories from some of the NFL’s best, maybe it would make the officers see the young men in their community as potential greatness instead of potential criminal young men.

Community Outreach: Dajuan Howze, 13, battles for the ball against Pittsburgh Police officer Gino Perry while Zone 5 police commander Jason Lando waches. The officers played a pick up basketball game with local youth during the Homewood Community Day celebration.

I also believe that if a cop car rolls up in a bad neighborhood with a superstar like Colin riding along with them, it might incite those kids to get to know their local police; building better relationships in the process.

If you’re one of those kids, you’d love to meet an NFL star. And if you meet one thanks to a police officer who brought him to you, all of a sudden that police officer is more likely to be seen as a friend instead of a foe.

Is Colin Trying To Create Unity

On the face of it, a peaceful protest is certainly what Martin Luther King is famous for. And his kneeling is not that different from Rosa Parks sitting on a front bus seat.

Yet once Colin knelt, many took offense, and sadly didn’t see it that way, if that’s how he meant it.

Colin KaepernickIf he intended to be unifying however, wearing socks depicting police as pigs, all but ruined his message.

Even if he justifies it by saying that it was only directed at bad cops, I’ve heard multiple racist “white” people justify hateful speech by saying, “There’s black people, and then there’s n*****s”?

They assume because I’m white, I want to hear that nonsense. I assure you, I really REALLY don’t appreciate it. And I usually tell them so if I’m not in a position where I think I’ll be physically attacked for doing it. And Colin’s excuse for wearing those socks is pretty similar, in my opinion.

If rational people like me were apt to side with his peaceful protests, assuming he had nothing but the best intentions in his heart for all parties involved, this went a long way to burn that.

But nonetheless, I try to give him the benefit of the doubt that he was just angry, and did something ill-advised in his enraged state. Haven’t we all, in a moment of anger, said or done things we regret later?


Now let’s discuss Donald Trump’s actions.

Donald Trump Official Portrait

Love him or hate him, I think it’s fair to admit that Trump is open and honest about his opinions. His Twitter feed is laden with unrehearsed, unpolished, and uncensored opinions that clearly seem to be what he actually feels.

So let’s take a skeptical look at those.

Were Trump’s Tweets Divisive When We All Tend To Agree Unity is Needed?

Yes Trump’s comments were divisive. I frankly wish he’d just stop. But so were the people opting to kneel.

You cannot fairly condemn Trump for being divisive, if you won’t equally condemn the players who know it’s upsetting a very large portion of the country, without being hypocritical.

Should Trump Have Said What He Said and Tweeted What He Tweeted?

Trump is effectively two people. He’s a president, and an American citizen.

As president, I want him to be involved in Colin’s (and the NFL’s) actions absolutely zero.

Instead, I’d want to see him order the FBI to investigate police shootings to make sure local police aren’t effectively protecting their own during the investigations of officer shootings. Clearly, letting the San Francisco PD investigate one of their own is as big of a conflict of interest as one could imagine.

I’d also want federal prosecutors to handle any disciplinary actions, up to and including criminal trials.

As for Trump tweeting an official position on the kneeling, he should simply say it’s a private matter for the free market to sort out.

If it kills NFL ratings, then they’ll react accordingly. This is not the business of a government who’s first amendment guarantees free speech.

As an American citizen, he has a right to an opinion on anything, including this. In my opinion, he should have two different Twitter accounts: one for “the president” and one for “the citizen,” which he does (@POTUS and @realDonaldTrump). Then, keep his official positions on one, and his personal opinions on the other.

On this issue, he largely did exactly that. His @POTUS account retweeted the personal account’s tweet below, and that’s all I’ve found. The rest were on his personal account.

In general, I don’t feel Donald Trump has done a remotely admiral job at unifying a divided nation—quite the contrary. His business acumen is about winning, which means he’s often competitive by nature. That aggressiveness comes out in his behavior often, and I suspect it’s not likely to change.

He’s arguably the most divisive president in history, but it’s not like we didn’t know this prior to the election, and yet he still won. So this isn’t exactly an overpromise/underdeliver situation; no bait-and-switch transpired here.

But as much as I disagree with him on significant policy issues, I at least prefer his unfiltered nature. I find it far better than people who are polished and rehearsed yet come off as obviously fake. I’d just prefer to know instead of wonder where you stand, and whether you’re a person I wouldn’t like in real life or not.

Should The NFL/Team Owners Fire Players?


Well, the players work for the teams (franchises), not the NFL. The only people firing them will be the team owners.

The NFL has code-of-conduct policies, which they seem to strictly enforce. For instance, the Cowboys wanted to have a simple sticker in support of a slain officer, and the NFL specifically forbade it.

One can certainly argue that this is somewhat hypocritical to forbid a helmet like this, while allowing some other form of protest on the field, like kneeling for the national anthem.

But nonetheless, the NFL is a private company, and they have every right to be hypocrites if they so desire, and the free market will sort it out accordingly.

As for the teams, if they want to fire the players for representing their brand in a way that’s inconsistent with their team owner’s values, then they have a right to do so. One caveat though: only if they drafted a code-of-conduct clause is in the contract they have with that player, which specifically forbids such actions.

 


Now that we’ve covered the two actors in this play, let’s discuss the issue in general. Because there’s a lot of hypocritical and/or illogical behavior from the professional media and the John Q Pissed-Offs on social media.

Is This a Free Speech Issue?

This one’s pretty easy:

  • Is government stifling the action? – Free Speech Issue
  • Is private enterprise (NFL or team owners) stifling the action? – Not a Free Speech Issue

Since no one is proposing a law to prevent this, or that government intervene to stifle free speech, it’s not a free speech issue. It’s that simple. When such a law or government action is proposed, only then will it become a free speech issue.

Is It About Disrespecting The Flag

Many argue that it’s just a flag, and we shouldn’t get so worked up about it. But here’s the rub with that argument. 

Colin and his fellow kneelers aren’t attacking the idea that there’s too many stars and stripes on it, nor are they complaining the colors clash. They’re mad at a country that seems to allow racism and permit cops to kill “black” kids without recourse. The flag is just a representative icon of the country this occurs in, from their perspective.

Coincidentally, the people who are mad at disrespecting the flag aren’t really passionate about “the flag” either.

They’re passionate about all that the flag represents to them.

  • A country founded on liberty
  • A soldier who fought and died to protect them
  • A country they fought for if they are a soldier
  • The freedom it represents that they don’t have in other countries

That list goes on and on.

No different from you not caring about a piece of celluloid until there’s a picture of someone you love on it, the flag, as a piece of fabric, was never what anyone really cared about.

So when you make an argument that it’s “just a flag” to defend such actions, know that this argument isn’t relevant to this issue, since it wasn’t “just a flag” to either party. All sides would do well to understand that.

As a libertarian, I’m also fervent on the idea that thought-policing has absolutely no place in a free country. If it did, let’s be honest, Colin would be in jail, or worse, murdered by the state. Just ask many Iraqis who lived under the Hussein regime, North Koreans under the Kim Jong regime, or other dictator-run nations, who lost loved ones due to a government that didn’t take kindly to a lack of respect from its citizenry.

So to me, Colin should love America for the freedom it gives him to do these protests, and instead, direct his ire at the individual officers that commit heinous acts, a legal system that doesn’t seem to effectively prosecute them, and the racists who think it’s OK for officers to avoid prosecution for manslaughter of an innocent young man. Not the flag, and all the things that the flag represents to most Americans.

The Peaceful Protest

One of the most shining examples of hypocrisy in this is the people who lashed out at all the rioters after some of these controversial shooting (rightly so), and call for people to peacefully protest, then get mad at Colin and his peers for peacefully protesting.

They did what you asked, and they did it in a forum where they’d get the most attention for doing it. If the NFL allows it, you don’t have to agree with it, but you at least should give them credit for being peaceful, even if you agree with me that it’s misguided and ill-advised.

Again, we have to stop with all the hypocrisy.

Summary

All parties in this have good intentions, even if their tactics are heinous. Throughout all of it, most people are calling for unity and peace. So let’s do the things that have a proven record of achieving those goals.

I’m willing to have a respectful discussion, give benefit of the doubt to those with good intentions, even if they aren’t acting like it, and show respect to those I disagree with.

I’d also suggest instead of standing with Trump or Kaepernick, you form your own opinions, while being your own worst critic. Come to a conclusion that you think is fair to both sides, and be honest when it’s obvious you’re being hypocritical. You have no right to demand others be better if you refuse to be better yourself.

 

Eating Habits and the Obesity Epidemic – Starving Kids in Africa Aren’t Affected By Your Clean Plate

WARNING: Large dietary changes should only be done based on advice from YOUR Registered Dietitian (RD)  who practice science-based approaches to your health. When I say YOUR, I mean one you have met with on a professional level, and who has done at least a basic evaluation of you and your physiology. I am not one of those people.

If you don’t have one, ask your doctor to recommend one. Doctors can ensure there’s no obvious physical reasons why your diet must be restricted in a certain way, and they’re likely the first person to tell you that you’re dangerously obese. But nutrition training in med school can be grossly inadequate, and some programs actually do not require nutrition courses as a part of the curriculum.

A registered dietitian is trained far more in the aspects of your diet. Think of it this way. If you need surgery, your doctor recommends a surgeon to do the procedure. So if you need to lose weight, they should recommend you a dietitian for the same reason—RDs are the experts.

This post is merely food for thought (pun intended), basic logic, and some information (cited with reputable sources) that is generally understood to be good dietary advice. A qualified RD was also consulted to help ensure factual content.

I implore you not to give audience to people like The Food Babe, David Avocado Wolfe, Gwyneth Paltrow, or any other person who is entirely unqualified to be giving you dietary guidance. They are well-known by qualified scientists for giving demonstrably false and occasionally dangerous advice.


Unless you live under a rock, you have no doubt heard we Americans have an obesity epidemic. Hundreds of years ago, this might have been seen as a good thing. But while it is a clear sign the United States largely doesn’t have a starvation problem, it is a serious health concern.

Let’s start by digging into a little of that Darwin evolutionary goodness. I think we all understand our energy comes from food, right? Without digging into a jargony hole, it basically works like this.

Food contains calories. While most know this, few know what a calorie actually is. It is not an atom or molecule of something like sodium (salt) or sugars (glucose, sucrose, and fructose). As this great video points out, a calorie is a unit of measure for energy, defined as what it takes to raise 1 kilogram of water by 1° Celsius. 

Counting your basal metabolic rate—the number of calories you need to survive—coupled with the basic activities one performs on a daily basis, a general consensus is that the average male converts about 2,500 calories a day to the energy they use to sustain life, and the average female about 2,000. But this can vary wildly from person to person. An MMA fighter for instance, often is in the 4,500-5,000 range.

We all know Einstein, with his famous E=MC², demonstrated that mass and energy are interchangeable. This means when you eat food (mass), you convert some of it to energy (calories) through chemical processes within your digestive system. When you read the calorie count of food, it’s simply explaining how much potential energy, using the chemical processes in your gut, is in the food you’re about to eat.

On a side note, Ever heard that celery is a negative-calorie food (Has fewer calories than you burn eating it)? Yeah, it’s bullshit.

I specify above “via the chemical processes in your gut” because there’s significantly more potential energy, like millions more, potential energy in the food via nuclear process like fission or fusion. So I wanted to point that out in case a physicist reads this and feels compelled to fire off a correction.

It should be noted that just because a particular food has 100 calories for instance, your body’s ability to convert all of it to energy can vary based on the chemical content of that food. Some foods require little work from your body to be converted to energy, some require much more. This is why not all calories are equal, and yet another reason to consult your dietitian.

Albert Einstein

You use this energy to do involuntary actions like beat your heart, open your lungs, and digest food; as well as voluntary actions such as reading stuff like this article, trolling pseudo-science quacks on Twitter (guilty), or lifting weights. You also extract the vitamins and minerals your body needs from your food, and finally the rest goes out your tail pipe as waste.

That last point is important when considering adding vitamins to your diet. Most people get all they need from a normal diet. When you add supplements, while having no deficit in your diet, your body just sends them through because it doesn’t need them. You could eat your cash and save yourself some time. Consult your doctor on this one. If they cite a deficiency you have, get a supplement as  recommended, but other than that—save your money.

If you were perfectly efficient, you would eat the exact number of calories you need for all the work you’re going to do in that moment, but that requires far more planning than any one human can do, constant eating as you do the work, plus a lab to calculate how many calories are in what you eat. So instead, we evolved to have a way to store calories for future use so we don’t run out of “gas,” and that “gas tank” is fat.

Slightly Internet-Famous Zero Body Fat Model

So Myth #1 we should dispel, is that fat is bad—it isn’t. Zero body fat is not only incredibly difficult to achieve, it’s not ideal either. A minor amount of body fat allows your body to operate at its best.

Don’t be fooled by fitness competitions. Those people (who are quite healthy) dehydrate and ironically make themselves temporarily unhealthy prior to a competition, to give a false impression of looking healthy, only to restore that body fat and water weight as soon as the competition is over. As Men’s Health points out in this article, an 8% – 20% is generally considered most healthy.

Fat is the first thing your body converts to energy when needed. Once all the fat is gone, muscle will be converted to energy next—which is what occurs during starvation. Eventually your body will consume vital organs like the heart and lungs, and then you’re dead.

So be thankful you have evolved to have some fat. It doesn’t do work inside your body, unlike muscle and organs, making it ideal for storing energy, so you don’t consume the things you actually need to live.

So back to the Darwinian goodness. Our ancient ancestors didn’t have a grocery store to go to, and ancient man didn’t evolve from apes with farming implements in their hands. So sometimes meals were few and far between. Thus we evolved a way to overeat when we have access to food, store that potential energy in our bodies, and put it to use when needed later—this overeating impulse is in our nature.

But if you know we’re predisposed to overeat, you can make a conscious decision not to, thus maintaining a healthier diet. Very few of us are in a situation where we have a legitimate concern over finding a regular source of food.

The next myth we should bust, is that you get fat from eating fat. The reality is that this was a false narrative pushed by the sugar industry, because sugar is a much larger contributor to obesity than fat, and that’s a less than ideal marketing campaign. So how is eating fat somehow less fattening than eating sugar? Instead of me trying to elaborate on this complex issue here, allow the good folks at the Cleveland Clinic to explain.

Various Types of Sugars

I know it seems counter-intuitive, because you’d think eating fat means you add those fat cells to your own fat cell count. But your fat cell count doesn’t change after adulthood, it’s the volume in them that does. So eating animal fat means you have to digest it and it’s constituents go into your own fat.

Basically, as was mentioned earlier, not all foods convert to energy as easily as others, requiring more work from your digestive system to convert them to energy. So despite fat and sugar having similar caloric content, your body has a much easier time doing so with sugar, than fat.

But before you jump on the anti-sugar bandwagon, let’s discuss that a bit. I’ve heard people argue sugar is a toxin or poison. In biology, the saying goes that “everything is a poison, what matters is the dose.”

Glucose metabolism in the brain ~Nature.com. Click image for story

As is explained quite well in this National Center for Biotechnology Information article, “Glucose (component of sugar) is virtually the sole fuel for the human brain, except during prolonged starvation.” It goes on to point out that glucose fuels muscles as well. It cannot be overstated how important it is for you to have some level of sugar in your diet.

So while enough of any substance can be toxic, sugar is not a poison in any traditional sense.

But care should be taken to get the right amount. What’s the right amount? I know you know the answer to this by now, ask your registered dietitian. Again, your needs are unique to you, and any magic number published somewhere, as if it somehow works for everyone, is false by virtue of its one-size-fits-all premise.

But nonetheless, if you’re medically overweight (not the kind of overweight healthy or underweight body dysmorphia  sufferers describe as overweight because they’ll never believe they’re skinny enough), it’s probably a fair assumption that your calorie and sugar counts are high.

So how do we fight obesity? We all know that portion control and exercise are the two bits of dietary advice that never go out of favor. But because they’re difficult and require work, many seek the latest diets pushed by celebrities who look great, or self-help gurus who tried something and it worked (anecdotal evidence isn’t evidence folks.)

Most of these diets don’t work for a number of reasons. Not the least of which, is some of them are absolute nonsense with no basis in biology. Others are decent enough premises, but the issue goes back to us evolving to store up as much energy as is available to us at the time, in preparation for potential future fasting. This mechanism sadly works against you when you do successfully lose weight.

For instance, let’s imagine your ideal weight were 150 lbs, but you had gotten up to 200 lbs. If you do successfully drop that 50 lbs, while this number is ideal for you, your body has adjusted to the idea of you being at 200 lbs., and will continue to trigger the hunger reflex until you eventually get back to 200 lbs. So the best way to combat obesity, is to stop it before it starts. While it’s not impossible to lose it and keep it off, it is significantly more difficult.

This brings me to my next point—those poor starving kids in Africa. When we talk about portion control, the one tactic you’ve likely never heard of, but should be your tactic “du jour,” is intuitive eating (stopping when you feel full). Your body evolved a mechanism to tell you when you’re hungry and when you’re full for a reason. Why would it make sense to listen to the impulse that’s telling you to eat, while ignoring the one yelling at you to slow your dinner roll?

Within the intuitive eating framework Cara Harbstreet RD from Street-Smart Nutrition advises there’s a phenomenon called the:

“satisfaction threshold”. It’s the point (or the bite) you reach to achieve maximum satisfaction from a food. When you eat past that point, each bite becomes less and less satisfying and you derive less pleasure from the eating experience. It can’t be ignored that we eat for other reasons than fuel. To say food is only eaten for fuel is like saying humans only have sex to reproduce. There’s many other motivators there, so identifying the point where you feel satisfied from a food can be the signal to stop eating. I’ve told clients to go home and bake a pan of brownies and count how many bites they take before they get bored or burnout with the sweetness and texture. Amazingly, more often than not, it’s only two to five bites, and not the whole pan although they could go that far if they wanted to. If that’s the case, we work on mindfulness and awareness because they aren’t tuned into what their body/brain is telling them.

Many of us grew up with the notion that we needed to eat everything on our plates, because there are starving kids in Africa, and therefore we shouldn’t waste food.

First of all, you’re not going to send your leftovers to starving kids in Africa. So I assure you, they do not care, nor are assisted in any way by you overeating. If you want to help those kids, send them money, or promote gene-edited foods (aka Genetically Modified Organisms GMOs) that are specifically developed to grow in these places. Before you ask if GMOs are unsafe, there’s not one shred of evidence showing them as unsafe, and because they’re engineered to resists pests, and reduce pesticides, they’re often more safe than their non-edited counterparts.

Human conditioning is a very powerful thing. If you teach someone something early and often, they can believe it the rest of their lives, even if they’re constantly exposed to compelling evidence of the contrary. So teaching kids to overeat is quite possibly at the heart of our obesity epidemic, because we’ve taught them that despite our obesity epidemic…well, you know…those starving kids in Africa need you to keep eating. I myself, knowing all that I’ve written here, still have a hard time stopping when I’m full because of this powerful bit of conditioning.

Addressing the idea that this food is wasted is slightly more complicated. Pretty much all food is organic. Don’t get me started on the FDA’s sadly anti-science definition of organic, (This was in response to those with fears of man-made foods and pesticides), I’m talking about the actual definition from chemistry, a simple carbon-based compound. This means that if you throw it in the garbage, and it goes in a landfill, it will biodegrade and fuel new organic life forms. There’s little to no harm done by chucking it in the bin, except for maybe the attraction of pests.

There are two scenarios regarding food waste:

  1. Excess food goes in the trash can
  2. Excess food goes through your digestive system, makes you fat, then goes in the toilet.

When viewed from this paradigm, hopefully you see the trash can as the better alternative. Either way, if your body didn’t need it, it’s ending up as waste, literally nothing, and I mean nothing good comes from eating it in that moment.

The actual waste is in the energy spent by the people who brought it to market, like the farmer’s tractor and the truck to haul it to the store, when you didn’t actually eat it. But, all that waste occurred before it ever ended up on your plate. So throwing it away after-the-fact, does no additional harm.

Nonetheless, waste is bad, so there’s a couple of things you can do to prevent it going forward:

  1. Don’t Overfill Your Plate: If you can go back for seconds, underfill the plate. Go back for more only if you’re truly still hungry. Heck, getting up for 30 seconds to get another plate even counts as a tiny bit of exercise.
  2. Get smaller plates:
    Same portions, but smaller plate on right looks fuller, and tricks you into thinking you ate more.

    (<–Click to see explanation of this mental trick.) Sure, you’re only tricking yourself, but if it works, it works.

  3. Stop Rewarding Restaurants Who Over-Serve: Tell them they give you too much food, and you may not return as a result. Maybe they’ll take it to heart, and cut back in the future. It saves them money, after all. Frequent a restaurant serving more responsible portions, or offer a smaller portion as an option. A free-market eventually listens.
  4. Ask for Less at Restaurants: I often tell the people at Chipotle for instance to give me about half the rice as usual. They may not give you a discount, but you’ll be less fat for the same price. Technically, that’s a win-win for you and them. Stop thinking of it as them getting one over on you—it was your request after all. Plus, if you like their food, you’re helping them stay in business if you save them money by allowing them to give you less.
  5. Leftovers: If you must frequent a restaurant that overserves, stop as soon as your full, and take the rest home for later. It doesn’t have to be destroyed in one sitting. Heck, you can even purposefully cut the meal in half, and plan to take the other half home before you dig in.
  6. Always Err Low: We’ve all been in the drive through, and debated one hamburger or two, small fries or large, etc. Always order the lesser amount. You’ll usually still be full when you’re done. You can always keep a snack on hand just in case. But you’ll avoid overeating because you’re full but you accidentally ordered too much and don’t want to throw it away.
  7. Always Err Low #2: Now that you’ve learned to back off at the restaurant, take that skill to the grocery store. Cara Harbstreet RD advises: A lot of food waste happens inside the home (restaurants are equally at fault) but when I dive into a food budget with someone, more often than not it turns out they’re throwing away large amounts of perishable foods like fruits, veggies, fresh herbs, dairy, meat, and poultry that goes uncooked or is cooked, but not used as leftovers. If you overstock your pantry, there’s also a chance you’ll cook more than you need so you don’t throw it away, meaning you’ll be tempted to eat more too.

Hopefully these little chicken nuggets of food science and skepticism will help you to rethink the way you eat, and help you be better parents, healthier adults, and better consumers. This obesity epidemic is not a virus floating around in the air needing a complex biological cure, it’s a simple habitual issue that small behavioral adjustments can end in one generation or two, if we simply make the effort.

Oh, and I almost forgot, don’t be afraid to spice things up a bit! As it turns out, capsaicin, the stuff in peppers that makes them spicy, triggers your body to heat up (that’s why you start sweating when you eat it). In doing so, it can burn off more of that energy you’re storing in your fat cells. Check the report out here.

 


Cara Harbstreet, RD

Special thanks to Cara Harbstreet RD, host at Street Smart Nutrition. Follow her on social media: Twitter: Cara Harbstreet RD and Facebook: Street Smart Nutrition. Her input was quite helpful in putting together this post, and her website is full of great food info.

A lesson In Skepticism: Assumptions Are Bad, but Great Discussions Can Ensue From Them Nonetheless

Recently, a friend shared this meme on Twitter. Like anyone who stands behind and supports our military, I couldn’t help but be a little put off by Lena’s supposed argument. So I quoted the tweet with “We all have our problems. Unless your problems are life and death, your problems don’t make you special, they make you normal.”

This meme appeals to those of us who feel a heavy debt of gratitude towards our military. Sadly I jumped to conclusions that I absolutely shouldn’t have, and neither should my friend I discussed this meme with shortly after.

While we took different positions, he and I both assumed that Lena was referring to her claims of assault/rape during college. Sadly for Lena, the accusations she made against a person she identified as “Barry” were deemed to be about someone who never met her, and she was forced to walk her statement back.

She later stated that “Barry” was a pseudonym she had given to her attacker. It just happened to coincidentally somewhat describe a man she went to school with named Barry, who was then sadly attacked in the media after many assumed he was her rapist. To her credit, Lena eventually confirmed he was not her attacker, but no doubt Barry endured a lot of unfair stress and insults to his character as a result.People will argue whether it was her exhibiting a Munchausen Syndrome type scenario, seeking attention by claiming to be a victim when she wasn’t. But unless you were there, or unless she ultimately admits no such attack happens, she should rightfully be taken at her word that she was assaulted. Rape is not so uncommon, especially when the parties are impaired (drugs and alcohol), as Lena admits to during the attack.

Being famous, she would also likely understand that she may open herself up to a slander claim if she identified her potential attacker by name, when that attacker has neither been indicted, nor convicted of such an assault. So her pseudonym claims are entirely plausible and even logical if true.

As I give her the benefit of the doubt, I also have nothing but sincerest sympathy for what she would have went through. While I think her literal words—as written in the meme—are effectively falsified by the meme, I absolutely understand and acknowledge that I have not known the fear of being raped, nor ever been the victim of any type of sexual assault. So while I absolutely sympathize—in that context—I cannot empathize.

It should be noted that there are many false rape accusations leveled at people for a myriad of reasons from later regret of a consensual tryst, to the aforementioned Munchausen Syndrome where people derive pleasure from playing the victim. But that being said, unless I am the accused and know I’m innocent, or witnessed the event with my own eyes and saw the consent, I will never claim a woman is lying when she says she was raped, and neither should you.

Because if they are telling the truth, how dare you make them feel like the villain in this equation when you have no knowledge of the truth. We have a presumption of innocence in this country. It’s based on the solid scientific principle of falsification, largely attributed to Karl Popper. Because of its greater likelihood of coming to a truth, it’s the moral way to approach such a claim as well.

So what was our mistake in the assumptions we made? There were actually a few.

  1. We both assumed that the text of the meme was what she said verbatim—it wasn’t.
  2. We assumed she was talking about herself—she wasn’t.
  3. We assumed it was about rape—it wasn’t.

My friend and I weren’t even in the same ZIP code.Lena Dunham endorses Hillary Clinton

As it turns out, Lena—being a strong supporter of Hillary Clinton—was supporting her campaign in an interview with Page Six (I could not find a reputable source to confirm what she said or where she said it, so I’m taking this with a grain of salt too). Lena is quoted as saying, “The other candidates are white men and they cannot understand, even if they can understand it intellectually . . . for what it’s like to be under that kind of attack, and I’m so impressed by the way she continues to soldier forth.”

Lesson learned, always be skeptical of memes, even if they’re shared by someone you trust. But nonetheless, there are many great discussions worth having about the assumptions we did make—even if they weren’t true—aside from the lesson we already learned about making assumptions.

So let’s take a couple of them on.


If she had been discussing women living in constant fear of being attacked by man, is that fair?

Well, yes and no.

From a purely literal sense, if you fear someone who is of no threat to you, that is effectively an irrational fear. But as famed psychologist and skeptic Dr. Michael Shermer explains, in man’s evolutionary history, we are prone to a phenomenon he calls patternicity: finding meaningful patterns in meaningless noise.

Dr. Michael Shermer

As he goes on to explain (click the link above for a more descriptive example), if you assume something is a threat that isn’t and flee the scene, you’ve endured no harm. But if you assume no threat when there is one, you are likely to be harmed. So it makes sense we’ve evolved to assume things are threats, even when that assumption may be false, as an effective method of self-preservation.

So for women to assume that some men are predators, even if those men are perfectly honorable in their intentions, is not entirely irrational, even though the feared assault is highly improbable (most men do not assault women). They have my sincerest sympathy that a small segment of the male population have implanted this fear in them, even if they have nothing to fear from me personally.

So men, while it’s easy to get mad at women for assuming the worst in us, understand that it’s a simple self-preservation instinct which is entirely natural and beneficial to their safety. Just make a sincere effort to make them feel as safe as possible if you wish to quash that fear and/or get to know them.


If we address my reply to the Tweet, I believe this is also a worthwhile discussion to have—not all problems are equal.

I get depressed about being single, or not reaching the level of success that I feel I should have attained in life. But I do have a job, I’m reasonably healthy, and have a wonderful family and friends. So I rarely openly share my issues, because I feel some level of guilt for complaining about these things when I see a baby with Leukemia, a soldier who lost limbs in battle, or homeless and/or jobless people whose lives are largely without hope.

It is important that we empathize where we can with people, and sympathize with them otherwise, no matter what they’re problems are. It helps to bring our community together, and it’s just the right thing to do in my opinion.

But for the person doing the complaining, it’s also important to keep your own problems in perspective. Problems aren’t that different from a hospital’s triage.

Society’s efforts should be focused on the most dire problems first, and we can address the less dire ones when the emergencies have all been dealt with. For instance, if I encountered both a drowning baby and a guy who’s depressed he broke up with his girlfriend and just wants to talk, I’m probably going to try to save that baby and leave the heartbroken dude to sort out his own problems. If my love-struck compadre were to complain about my choice, I think we all understand he’d be out of line.

My underlying point though, is that almost everyone has problems. We all love to believe we are unique in our pain—and somehow most others have a nearly perfect life.

But is this true?

No one was more loved or respected than Robin Williams, and with his portrayal of a homosexual cowboy, and then Batman’s The Joker, Heath Ledger had just solidified himself as Hollywood’s newest top shelf actor. Both of these men, by all accounts, were on top of the world.

Yet sadly both of these men, with so much love and respect heaped upon them, with none of the financial stresses many of us face either, could bear to live life another day.

And frankly, I defy you to ask anyone about their problems and find someone who responds that they don’t have any.

While someone may not know your specific pain, they almost assuredly have problems you don’t understand either. If you want sympathy and respect, don’t assume you’re the only one hurting. You’re dismissing the pain others around you are enduring—that’s pretty insulting.

I can’t emphasize enough how important I think it is that we be open about our problems, and discuss them with others. Bottling them up often ends in self-harmful or violent acts. So making the effort to not alienate those you’d like to sympathize with is something I think we should all strive for when we do reach out for help. I believe my approach would yield a more positive social interaction.


So now that we’ve covered our false assumptions, let’s address Lena’s actual claim.

A large portion of political arguments these days are hyperbole and hyper-partisanship. All sides of the aisle tend to overstate their strengths, while dishonestly ignoring their weaknesses. I’d be skeptical of anyone making a political argument on the campaign trail. But that being said, does Lena have a point?

On the face of it, no. History is littered with politicians attacking other politicians. Hillary Clinton was by no means the first to be the brunt of hateful political attacks. Some of hers are only unique in that she’s a woman, but most arguments were against her policy or character—not the fact she’s missing equipment down below.

America has never had a woman president, nor even a female vice-president. For a significant portion of American history, they wouldn’t have been allowed to do so. They weren’t even allowed to vote before 1920, with the passage of the 19th amendment.

The heinous acts toward the black community in American history dominate our culture. There are a multitude of movies, documentaries, and other media depicting the slavery era and civil rights movement—far more than there are about the hardships and atrocities women have endured as a group.

Yet I suspect many may be surprised to know that black men had the right to vote after the passage of the 15th amendment in 1869, over 50 years before woman had such rights in America.

So women have gotten pretty poor treatment throughout history (not just America) without nearly as much attention given to that fact, compared to others.

I readily admit it’s plausible that a large majority of men will vote for another man. And, since many women still claim to support the traditional notion of being subservient to their male counterparts, many women may not necessarily vote for a woman either. This makes Lena’s underlying point more than fair.

Much like Obama overcoming the racial barrier on the path to the presidency, our first female president will likely have higher hurdles to jump than her male counterparts do to get there too.

However, if I can pose a hypothetical situation for a minute, I don’t think I could be easily convinced that if Republicans had chosen a well-respected woman like Condoleezza Rice, and Democrats had chosen  someone who’s largely scandal-free like Tim Kaine as their nominees, I’m not convinced Condoleezza wouldn’t have gotten the same votes Trump did, and Kane gotten most of the votes Hillary did—yielding the same result.

I think if we’re honest, it would have been a far better election, with a better outcome, no matter who won, compared to the two highly-hated candidates the big parties actually picked.

Hillary most assuredly lost some votes solely by virtue of her pesky second X chromosome, but I am firmly convinced that she lost far more votes be virtue of being laden with a series of potentially immoral, corrupt, and even potentially criminal acts.

I’m of the opinion she got far more votes by virtue of being a Democrat from people who didn’t like her, than she lost by virtue of being a women from people who would have otherwise voted Democrat. Most heated political arguments are partisan in nature, not sexist.

So is Lena’s argument valid? Somewhat. Do I think it cost Hillary the election? No.

I think Hillary Clinton’s actions and persona cost Hillary Clinton the election. Trump was arguable one of the most beatable Republicans in recent history. Laying that defeat at the feet of her gender seems improbable to me.

But if you disagree, there’s a comment section below…have at it. Debate is good! Thanks for taking the time to read this.

Food For Thought: Facts and Myths About Mankind Being Omnivorous vs Herbivorous

Full disclosure

I’m a meat-eater and have never entertained going vegetarian/vegan. My passion level on the subject is pretty low, it’s just my curiosity that’s high. Unlike me, some are quite fervent on the subject however, so be wary of that if you intend to discuss the subject with those who have chosen to avoid animal byproducts. You may be in for a very heated debate.

While I do have a love for animals, especially my pets, and I understand (and largely agree with) all the arguments against the less-than-ethical treatment of animals, knowing that there are many natural meat-eaters in this world lends me to the conclusion that animals eating others is simply the natural order of things. So those are my biases in advance, and you should be fairly made aware of them.

IMPORTANT!

I would also like to point out that ALL decisions about your health and diet should involve consulting your physician (MD) and/or a registered dietitian (RD). I’m neither of those things. Do NOT consider my advice, or any other internet celebrity who isn’t an authority on the subject (aka The Food Babe, David Wolf, et al.) as a credible source.

I’m merely a skeptic providing food for thought, not giving any dietary advice above consulting your doctor or dietitian.

Unlike the aforementioned celebs, I will at least cite reputable sources where possible. All of them are chocked full of great information. They’re not just there for reference, I encourage you to read them individually. I’ve even reached out to a few registered dietitians as well, to be sure I don’t steer you down the wrong path (as you’ll see later).

On to the show…

To start, let’s break down veganism vs. vegetarianism. The short answer is that vegetarians don’t eat meat. Vegans take that one step further, and don’t consume anything that comes from animals, such as meat, dairy, eggs, and other such animal-derived consumables. For the long answer, click this article from Authority Nutrition.

There are two basic types of reasons for choosing to drop foods from the animal kingdom—opinion-based and factual. Only factual claims could be fairly subjected to criticism.

For instance, if you don’t want to be part of exploiting animals in any way, that’s a matter of opinion. While others can potentially find flaws in your reasoning, the bottom line is that opinions, by definition, are not right or wrong. So if that’s your only motivation, no one should be trying to argue you’re right or wrong, only that they agree or disagree.

The other reason one might do so, is for health reasons. That is a matter of fact, not opinion, and therefore is subject to scrutiny. No one has a right to their own facts, nor do facts care what someone believes. The best way to come  to know them, is via the scientific method. So this is why I stress above that someone trained in evidence-based science like an MD or RD should be consulted. It is your life, after all…so to you, it’s kinda a big deal.

Controlled studies are difficult on the subject, you have to rely on the subjects not only to stick to their respective diets, but if done properly, the study would take decades to test for longevity between the two groups, and other factors like changes in exercise and lifestyle, changes in diet within the framework of omnivorosity and herbovosity can all change the outcome and skew the data in such a study.

That being said, I was able to find this study from Oxford, which studied vegetarians against omnivores. As you can probably imagine, it’s complicated, for reasons I’ll get into in a bit. I’ll let you read it and come to your own conclusions, I’m not qualified to do so myself. (I keep pointing this out, not to demean myself, but so you don’t take advice from others who aren’t qualified either.)

So what started me down this path of inquiry? I had an exchange with a friend who is vegan, and she had suggested that dairy was not a natural food source for humans—I’ve heard this multiple times since. Me being the slightly sarcastic skeptic that I am, decided to share the response I gave her recently on Twitter for a laugh or two.

While I was of course being a little cheeky in my response, this brings me to my first point. There are a lot of clearly false claims out there that simple skepticism on your part can debunk—no biology degree required. Question everything, especially when your health is at stake. So let’s get to this claim.

Milk – It Does a Body Good?

All mammals are born eating milk. Mammals have mammary glands which supply…you guessed it…milk! And yes, I said eating—milk is technically a food, as much as it is a drink.

Why do we consume milk? Remember back to the days you were born; in case you don’t recall, you didn’t have any teeth.

Since our prehistoric ancestors didn’t have access to baby food or applesauce, it should make sense that milk was pretty much the only thing a toothless fecal factory can consume and get all the nutrients it needed. So, voila! We are in fact meant to eat dairy; or more to the point, the nutrients contained in dairy.

While it’s important to note that milk does vary slightly from animal to animal based on their needs (cow’s milk isn’t evolved for humans, for instance), there’s certainly no evidence it’s toxic in any scientific definition of the word. Click here for a good breakdown of the nutritional content of many animal milks from the University of Illinois. You’ll notice that it’s largely the same contents, just in varying amounts. This make sense, because we’re all mammals, and on the evolutionary tree, we’re all one big branch stemming from one common base, which means our needs are pretty similar as well.

Wisconsin milk board overstates dairy’s benefits to children, some experts say – Click Image for Article

As we grow older, and our teeth come in, we don’t need milk—we never technically did. We just need nutrients that milk provides, which many other chewable food sources also contain. Your body doesn’t care where protein, glucose (sugar), sodium chloride (salt), calcium, and other essential vitamins and nutrients come from, it just needs them wherever you can get them. So if one is to argue you need milk as you grow older and are able to consume a more normal diet, that’s also pretty false, despite what the National Dairy Council tells you. Milk does however have a good, natural combination of carbs, fat, and protein which is why it’s been deemed a great beverage for post-exercise recovery.​

Harvard has a phenomenal write-up on milk, including it’s effects on osteoporosis, one of many dubious claims about it. As you can probably imagine, as with most things, there are pros and cons—be skeptical of anyone telling you anything is all good or bad.

There’s a saying in biology “everything is a poison, what matters is the dose.” Bear that in mind, because many false arguments come from a zero-tolerance perspective (the idea that consuming any amount is dangerous), which is rarely if ever true. How much of something you consume is almost always equally important to what you actually consume. You can die from drinking too much water, while there is an acceptable amount of substances like mercury you can safely consume without incident. This is important for all those who think glyphosate and other potentially harmful chemicals used in food crops should learn before they assume what they’re eating is dangerous. The levels you get them in with a normal diet, make them almost entirely innocuous.

Since I’m a lover of science, and my interest level was getting high, I tweeted the following to two RDs I know from Twitter. Huge thanks to Amanda Kruse RD, CD (@Amanda_Kruse) for editing this post, and thanks to RD David from Science Based Nutrition (@SciBasedNutr), and Cara Harbstreet RD (@StreetSmartRD) for furthering the discussion on Twitter. I encourage you to follow them and join in the discussion.

Human Evolution

One of the arguments against eschewing meat, is that we evolved to eat it. It’s true humans have been eating meat for the entirety of our 200,000ish years on Earth. To argue we aren’t evolved to eat meat is clearly illogical. Veganism/Vegetarianism are fairly new concepts to our species.

The Cleveland Clinic

A very good short introduction to going meatless from the Cleveland Clinic shows what precautions one should take if going vegan/vegetarian to get nutrients they’ll be missing from a normal diet containing meat. If special caution needs to be taken if you ween yourself off of meat, this itself is a pretty strong argument that we are meant to be omnivorous. But if choosing this route, here’s a separate article from Cleveland Clinic (thanks Twitter RDs) outlining what you should consider—it can be a very good alternative for some if done right.

On the flip side, this article from Harriet Hall from Science Based Medicine is a pretty good account of the many pitfalls one might experience by going vegan. It’s a science-based review of a book from a woman who went vegan, only to realize she was experiencing health issues as a result.

Vegetarian Tostadas

But, as the articles from Cleveland Clinic point out, with some careful planning, you can easily substitute those missing nutrients with plant-based options. In doing so, you can fashion a diet that may in fact be even healthier. So while the evolution argument is compelling on the face of it, the fact remains that you can go meatless and be healthier for it. Take care though; if you think you’re not the type to stick to a carefully planned diet, veganism may not be for you.

So why would we be meat-eaters in the first place?

Evolution is the ability for a species to adapt to its environment. So they will thrive in locations that contain a rich supply of foods and nutrients those species need. If that species can eat just about anything, then that species has a greater chance of living on. So being omnivorous gave mankind the best chance of survival as we migrated all around the globe.

Mankind is also the one species (there may be others, but I’m not aware of them) that took evolution to a whole new level by customizing their environment to suit them. We build fires and air conditioning units. We farm and build shelter, too. All of these things make it possible for us to inhabit every continent on the planet. Take that, other species!

This ability to adapt our environment to suit us, changed the face of evolution in a meaningful way. It also brings us full circle to veganism, because it allowed us to do things like go vegan/vegetarian if we choose to, thanks to the knowledge of how we can modify our diet to supplement what we’ll miss from meat.

Bad Arguments

Because this issue is quite contentious, there are a lot of bad arguments out there from people who simply want you to see their side, and through confirmation bias, have come to their conclusions one way or the other—insisting their way is the only way to be.

Anecdotes – “I went vegan, and I feel great. So will you!”

As the BBC’s Dr. Karl Kruszelnicki often says…

So why should you ignore your vegan friend who swears by their diet? Because they are not a controlled study.

Imagine your friend does go vegan for health reasons. Many meat eaters eat fried meats like deep-fried chicken nuggets, and other friend foods like french fries. Maybe they’re feeling bad, and a doctor tells them to eat healthier and exercise.

So instead of entering into a controlled study, they start exercising, and go vegan, as well as other such “healthy” lifestyle changes.

Six months later, they feel great. But why do they feel great? We know that exercise makes you feel better, as long as you don’t overdo it. So maybe going vegan did nothing, and you’re just feeling better because of the exercise.

Also, maybe while going vegetarian, you also cut out those other fried foods as well, so you’re not only going vegetarian, you’re eating healthier in general. It’s quite possible that had you done all that, but instead switched your meat consumption to fish, chicken, bison, and other healthier low-fat meats, you’d be even better. How would you know? You didn’t control for all those variables. Instead, you went through a life change, and introduced a myriad of variables where you really can’t determine which, if any were effective.

So while your friend might mean well, this is a great example as to why scientists don’t consider anecdotes as evidence.

What is healthiest?

Another concern you should have, is when people claim one diet is healthier than the other.

The word healthy is incredibly ambiguous—how would you define it? It could mean not being obese or malnourished, disease free, heart-healthy, mobile, longevity of life, clear of mind with no dementia…the list is pretty endless as to how you could define it. (I refer you to the Oxford study above now, which broke down the areas that were better and worse). So for someone to claim one is healthier than the other as a blanket statement, is already a walk down the path of hyperbole and flawed logic.

Because of nearly entire lack of fat, if obesity is your concern, a vegan/vegetarian diet is almost certainly the better option than eating high-fat meats. But again, lean meats like chicken, fish, bison, etc., could achieve the same goal.

Why do I point this out? Because again, this is exactly why you should consult your doctor, or a registered dietitian. They will know better than anyone, how to determine your needs, and then guide you down the best path to achieve them.

Conclusion

Whether you choose to go herbivorous or carnivorous, there are healthy and unhealthy paths you can go down with either. Ignore anecdotal evidence, ignore hyperbolic claims that indicate one is clearly “healthier” than the other, ignore your well-intentioned friends who are eminently unqualified, and the myriad of internet celebrities selling you whatever they want to believe, too. With most things in life, there are pros and cons; anyone telling you there isn’t, is someone you probably shouldn’t listen to.

You can go vegan and be healthier. You can remain omnivorous and with small changes, still be healthier. While we did evolve to eat meat, at the end of the day, it doesn’t appear it’s necessary. The short answer seems to be, that the opinion reason is the only one that’s a firm reason to ditch meat. You can achieve most any health goals without going vegan by…say it with me…consulting your doctor or registered dietitian.

 

A Rather Random Collection of Interesting Facts

Ever wished the day was a bit longer? If so, you could move to Venus. The second planet from the sun takes 243 Earth days to rotate on its axis—making a day there a whopping 5,832 hours.

Even more interestingly, because it’s closer to the sun than Earth, it has to travel faster than Earth to remain in orbit and not crash into the sun.

TEL AVIV, ISRAEL - JUNE 8: (ISRAEL OUT) The planet Venus is visible as a black dot as it transits across the face of the sun as seen from the Tel-Aviv university June 8, 2004 in Tel-Aviv, Israel. The rare astronomical event last occurred in 1882, while the next transit is due in 2012. (Photo by Uriel Sinai/Getty Images)
TEL AVIV, ISRAEL – JUNE 8: (ISRAEL OUT) The planet Venus is visible as a black dot as it transits across the face of the sun as seen from the Tel-Aviv university June 8, 2004 in Tel-Aviv, Israel. The rare astronomical event last occurred in 1882, while the next transit is due in 2012. (Photo by Uriel Sinai/Getty Images)

So because of this increased speed, and its shorter path around the sun, a Venusian year is only 225 Earth days long. So quite unique to Venus, a Venusian day lasts longer than a Venusian year.


If you’ve ever seen someone speed-walking and seen a different person running quite slowly, you should instinctively understand that the difference between a walk and a run cannot accurately be described as a matter of speed. So what’s the difference then?

When an animal is running, at some point during its stride, all of its feet will be off the ground at the same time. A run is basically a series of jumps in succession.

Cheetah Running — all four feet are off the ground
Cheetah Running — all four feet are off the ground

When walking, there is always at least one foot in contact with the ground, and the motion is a series of falling forward and catching yourself actions.


One of the most common metrics to measure a country’s worth is Gross Domestic Product, or GDP. If countries were a company, this would ultimately be their gross revenue.18-facts-about-walmart-that-will-blow-your-mind1

We all know Walmart is one of the largest companies in the world, but what people don’t know, is that if we treated GDP and gross income equally, Walmart would have the 25th largest economy in the world.


Ever wonder how beer steins got their famous lids?

Beer Stein
Beer Stein

During the era of the black plague, many thought the contaminants in the air were the cause. As a result, they came up with the bright idea that they’d be best served to cover their drinks to prevent contamination.


Ever notice that removable sewer lids are always a circle? Others that are attached via a hinge may not be, but all the removable ones are.lid%2011

This is because a circular lid is the only shape that cannot fall inside itself. A square lid could be turned sideways and diagonally for instance and fall right in. So to keep the lid from accidentally falling down into its hole, it’s almost always a circle.


We should all know about the HIV (human immunodeficiency virus), it’s the cause for the disease we all know as AIDS (Acquired ImmunoDeficiency Syndrome.)i10-13-immuaids1

However, in a rather shameful page of science history, as recent as 30 years ago, AIDS used to be called GRID, which stood for Gay-Related Immuno-Deficiency)

Largely because the first known people to have the disease were gay, and somehow, doctors/biologists felt that it must be exclusive to the gay community.


A carburetor is called such because it adds CARBon to the air that an engine takes in.

The carbon of course, comes from gasoline usually. It was invented by Karl Benz…half of the Mercedes-Benz name we’re all familiar with.


Play-Doh used to be Kutol Wall Cleaner. Because of its sticky nature, the soot from burning coal would stick to it.

Educational and learning toys for disabled children. Photo of Playdoh. (Photo by Anacleto Rapping/Los Angeles Times via Getty Images)

Of course, we don’t use coal to heat homes too much, any longer, and so another use was found for it.


Honey is one of the only food products that never spoils. According to this Smithsonian Institute article, it’s because, “its acidity, its lack of water and the presence of hydrogen peroxide—work in perfect harmony, allowing the sticky treat to last forever”


We all think of light, as the things we can see.

Light Waves Range

Most are even aware that there’s ultraviolet, and infrared light, just outside our visible spectrum.

But believe it or not, X-rays, gamma rays, radio waves are all forms of light as well called electromagnetic radiation. They’re just different sized waves.


People often use the words apes and monkeys interchangeably, but they are not quite the same. We humans are actually apes, by definition.

Ape vs Monkey

So how do you tell the difference between apes and monkeys? One difference is that monkeys usually have tails, where apes usually do not.


Most people know that the word phallic means something that looks like a penis. Well, there’s a female equivalent—yonic. I’m not adding a picture of that. We here at Logical Libertarian are not that kind of website.


The federal register was enacted in 1935—a list of all federal laws. It was 11 pages. As of 2015—an astounding 81,611.

Pic of a Federal Register from senator Mike Lee’s (R) office.

If you ever wonder why Libertarians complain about an ever-oppressive government, one of the concerns is that no single person could be reasonably expected to know what’s in the register, and therefore be comfortable they are not engaged in, nor committed a criminal act, and are therefore safe from prosecution.


Think Americans don’t have balls?

Americans Pulling Down Statue of King George During the American Revolution

After declaring independence, Americans decided to melt a statue of King George located stateside and used it to make musket balls to fight the British.


Another word for “zero,” is “naught.” So when discussing eras, after the “nineties” we had the “naughties.” No kidding. And I don’t have a pic for that either.


If you’ve ever used a LASER pointer, you should already know LASERs are largely noiseless.

Storm Troopers shooting LASER guns.

Sci-fi movies like Star Wars always wrongly add noise to the firing of such fictional guns.

If they were to make any noise, the noise would be a burning noise that would come from the thing they hit, which they cause to catch fire or explode.

In case you think this is conjecture, the Navy already has such a weapon in testing.


White chocolate doesn’t have any chocolate (cocoa powder) at all in it.

White Chocolate vs Chocolate

It’s typically just fat, cocoa butter, and sugar. It’s a g** d*** impostor!


Ever hear the term “Be back in a jiffy”? A jiffy may sound like just a made up word, but it’s actually considered a real unit of time—specifically 1/100 of a second in most circles.

If you go to Google, and type in convert seconds to jiffies, it will basically multiple the seconds by 100. The term seems a bit fungible, as is written here, other circles use it for other periods of time. So when someone says they’ll be back in a jiffy, unless they’re superhuman, it’s a bit of hyperbole.


Contrary to what was once a popular belief, butt plugs are not approved by the FDA as a treatment for headaches.

Medical Butt Plugs

There’s no evidence to support their efficacy as such. Thought you should know.


Ever heard the term “mesmerize”? In the 1800’s, physician Franz Anton Mesmer posited an idea called animal magnetism.

Franz Anton Mesmer

Eventually—came to be known as hypnosis or mesmerizing.

He thought that two people who were attracted to each other were literally attracted to each other through magnetic forces. As with many 1800’s era medical beliefs, it was total bullshit.


Ever wonder how we know the mass of the moon?

First, I suppose it’s important to distinguish weight from mass. Weight is the effect on a mass via gravity. Mass is a constant based on somethings chemical makeup.

For instance, Mars has about 1/3 of Earth’s mass, so something that weighs thirty pounds on Earth, would weigh ten pounds on Mars.

But nothing changed about its chemical makeup in that equation. So since we know that kinetic energy is 1/2(mass) x velocity2, think of it this way. If you were to get hit with that object while it’s moving at 10 mph for instance, it will hurt the same (impart the same energy on you), regardless of whether you’re standing on Earth or Mars when you get hit.

Now that you understand that, then remember that the force of gravity is based on the mass of something, and that an object in orbit is in orbit based on two equal forces; the speed it’s moving laterally passed an object, and the speed gravity is pulling it towards that object.

So once we put something in orbit around an object like the moon, since we know how gravity works, from there, we just have to do the math.

The answer is 0.07346 x 1024 kg, by the way.


Want to lose some weight? Move to the equator!

There are two forces that determine your weight on Earth. Gravity, which is bringing you and Earth together, and for the most part, is constant around the Earth, (Technically, more dense areas of Earth will yield a higher gravitational pull).

The other is momentum, in this case often referred to as centrifugal force, (which isn’t a real force, but that’s another story) which is trying to throw you away from Earth because as Earth spins, your body wants to carry on in a straight line.

Earthrtrise image from our moon.

While gravity won’t really change much dependent on where you are on Earth, the centrifugal force on you around the equator is at its maximum, where Earth is moving at about 600 mph, and at its minimum at the poles where it’s just spinning in place.

So while still only a slight amount, you would in fact be lighter at the equator than you would be at the north or south pole. About 0.3% less to be exact.


Ever fake being asleep or dead, and have someone accuse you of “playing ‘possum?”

Opossum

Opossums aren’t playing! When s*** gets real, they actually go into shock.


We often think of the term “The Observable Universe” as a very large bubble type structure, while that’s largely what the observable universe is considered to be, it’s not quite accurate by the etymology of the words.

Observable Universe Map

The term observable universe is about the speed of light. For instance, if an item is one year old but more than one light year away, its light hasn’t had time to get here yet for us to observe it.

So while there’s a virtual “bubble” emanating away from Earth at the speed of light which is the observable universe’s border, for lack of a better word, there are also things inside that bubble, that are still not observable as well.

Is Health Care a Right?

If you’re a limited-government advocate, you’re almost guaranteed to be a detractor of the Affordable Care Act (ACA) colloquially known as Obamacare. The AHCA from the GOP designed to replace the ACA, has recently been passed by the House, but is largely believed to not have a chance in the Senate.

President Barack Obama delivers a health care address to a joint session of Congress at the United States Capitol in Washington, D.C., Sept. 9, 2009. (Official White House Photo by Lawrence Jackson)

If you’re old enough to recall the Clinton presidency, you may remember that Hillary Clinton was appointed by her husband Bill to the “Task Force on National Health Care Reform.” Her mission was to improve the state of health care in the United States, and her suggestion was a single-payer system similar to what many nations in Europe and Canada use.

This single-payer system was originally supported by President Obama as well, prior to becoming president. But the political climate in America is still one of limited government more often than not, so the ACA was a compromise Obama was willing to make to achieve his goal of every American having “basic access to health care.”

The bill being one of the larger in American history had a lot to it, and as such, had a lot of things people from many places on the political spectrum took issue with.

The extreme of the left, like self-proclaimed socialist Bernie Sanders argued for a universal plan, not a privatized option like the Affordable Care act. So in their estimation, the plan didn’t nearly go far enough.

Those on the right, felt the mandate requiring people to buy insurance was counter to American values, and challenged that, as well as several other facets, in the Supreme Court, ultimately losing their fight after Chief Justice John Roberts arguably rewrote the law to allow it to survive instead of casting the deciding vote to strike it down.

Supreme Court of the United States Chief Justice John Roberts

Many libertarians like myself, are left wondering why government should be involved in health care in the first place. I think our position is pretty consistent and straight forward, although I always cringe at the idea of speaking for other people. But I will try to state the libertarian position as I’ve consistently observed it.

Health Care is not a Right

The argument from those pushing for government-funded health care is the idea that it’s a right—some going so far as to say it’s an extension of your right to life. But let’s break that down for a second, as it depends on how you define rights in general.

The Constitution doesn’t mention health care, so there’s no honest metric one could use to say it’s a Constitutional right. However, most argue that it’s a basic human right.

The United States Constitution

If we compare health care to other well-understood basic human rights, it becomes fairly easy to understand how healthcare is different. Religious freedom, freedom of speech, freedom in general, life, air, etc., these things all have one thing in common. They do not require any action from another person.

Rights by definition, should not involve the action of another person, because otherwise, your right to have their labor or goods trumps their right to keep their labor or goods—therefore one person ends up having more rights than another.

Healthcare requires goods produced by the pharmaceutical industry and medical equipment from manufacturing companies, as well as the efforts of a medical practitioner like a doctor or nurse, it isn’t just something that exists in the ether for all to consume.

If we force those people to do such work through laws like EMTALA, which require emergency rooms to treat people, regardless of their ability to pay, this arguably violates the 13th amendment which states:13th Amendment to the U.S. Constitution: Abolition of Slavery

“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

Making a doctor save someone’s life versus giving them the option, even if they get paid to do so, is both immoral and potentially unconstitutional.

A quick internet search yielded no instance where SCOTUS has granted certiorari (agreed to hear) any petition challenging EMTALA, although the 11th Circuit upheld the law in BAKER COUNTY MEDICAL SERVICES INC v. ATTORNEY GENERAL, August 2014, The challenge there was not against the 13th amendment, it was against the 5th, which reads as follows. (The bold portion was what the challenge argued against.)

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The reason the law was upheld, is because the law only applies to hospitals which voluntarily work with Medicare. So the court ruled that their participation was voluntary, while the plaintiffs argued not taking Medicare is an undue financial burden, and therefore not really a choice. (Almost all hospitals accept medicare, because they’d have a hard time making a profit if they rejected all those who are on it). Government often gets so involved, that they create the problem by virtue of their intrusiveness in the marketplace.

The Supreme Court Of The United States

Moving past EMTALA, if we assume that the doctors help someone voluntarily, and expect to get paid by government, then the second issue arises that the taxpayer and/or fellow healthcare consumers, end up footing the bill.

What logical argument can one make to indicate that person A is responsible for person B? While it’s certainly altruistic in its intent, and I understand the idea that if we all band together to help those in need, society is potentially better off because of it; that’s still a moral judgement you’re making that others may not share with you.

There’s also a rather large hypocrisy in play for these beliefs. Speaking to a doctor who promotes a single-payer system, my argument was that at some point, that doctor expects to retire. While my taxes help pay for health care, my dollars don’t cure anyone. My dollars pay a doctor who then cures someone.

So if a doctor chooses to take a day off, or retire, they have opted to not help someone who could have used help. If I were to tell those doctors that now the government gets to dictate how many hours they work, and what time they may take off, they’d be apoplectic. Yet I do not get to choose how much of my paycheck funds the health care of another.

Much like mass and energy are interchangeable because one can be transformed into the other, so are labor and money for the same reason. Forcing someone to give up their money to pay for services they’re not receiving is no more moral than forcing them into servitude for the same purpose.

As much as it may seem heartless not to do it, you cannot divorce that fact from the equation.

This brings me to the “are you just going to let them die” argument, that is often bandied about as justification for forced medical care.

The number of visits to a doctor that are life threatening vs just quality of life issues are very small. Even Emergency Room visits, according to one government study puts the number of visits that could have been treated by a normal doctor or Urgent Care facility vs the emergency room at somewhere between 13.7 and 27.1%. That doesn’t include all the times people just went to their doctor, or an Urgent Care facility. So it is more than fair to assume that less that 10%, maybe even less than 1% of all medical care required is non-life-threatening.

If that’s true, then most of the time care may be refused, it is not about letting someone die at all.

But also, if we go back to labor and money are interchangeable, arguing that myself or anyone else is “just letting someone die” assumes that we owe them their life. Which again means that the government would get to decide when a doctor may retire or otherwise not work.

Waiting in Emergency department

While it’s easy for those of us who aren’t medical doctors to sit at home, and say “someone should help those people” (referring to those who can’t afford to pay for health care), the fact is that any government requirement for them to be helped requires violating the actual enumerated constitutional rights and largely accepted human rights of a number of people, in order to preserve a non-enumerated right of one person.

If you want to help people, you should volunteer to help. Go to school to learn medicine, and do the good deeds you want done. But the moment it becomes compulsory for you or anyone else, it is no longer moral.

With the number of charities that were doing great work to help the less fortunate before laws like this were passed, the idea that such people didn’t get help, is misguided. While there were some people who did not receive care, there were a good number who did. But more importantly to libertarians like me, liberty remained in tact, and not one right was violated.