In
Defense of Andrew Speaker
by
Bob Murphy
by Bob Murphy
DIGG THIS
Now that the
initial shock and outrage over the case of Andrew Speaker – who
flew to Europe and back despite having a drug-resistant strain of
TB – have died down, we’re hearing the predictable cries for more
government power and money. Dr. Julie Gerberding, head of the CDC,
told lawmakers in early June, "If we believe the patient has
a strong intent to put others at risk, we need to have confidence
we can take action absent documentation of intent to cause harm."
And just this Sunday, a typical editorial
in The Republican concludes:
Speaker is
now in medical isolation in Denver. His close call must serve
as a wake-up call.
Specialists
have been sounding the alarm. They want more federal money for
research, education and outreach. And they want the authority
to forcibly quarantine someone with a drug-resistant form of tuberculosis.
They should
get all of that – and soon.
Cases of medical
quarantine are classic examples of situations where the rights of
the individual are supposedly trumped by the safety of the community.
After all, when people’s decisions have consequences beyond their
private lives, the government should and must intervene.
In contrast
to this conventional wisdom, permit me to make a case for the exact
opposite conclusion. I claim that the Andrew Speaker case beautifully
illustrates the incompetence of government programs, and proves
that the free market is the best system to referee complicated
situations like this.
First some
background that may change your opinion of Speaker: Based on what
you’ve heard, he must be a very selfish guy, right? Well maybe,
but one theory is that Speaker might have contracted TB when he
was doing charity work for sick people in Vietnam.
Speaker has
said time and again that health officials told him he wasn’t a threat
to anybody. Before he left for Europe, he was walking around freely,
practicing law, interacting with his fiancée and her young
daughter, and so forth. Anyone who’s planned a wedding knows it’s
a logistical nightmare. Is it so shocking that Speaker decided to
go ahead with his travel plans, rather than canceling his international
tickets and other arrangements, so that he could stay in the US
and continue to walk around freely with his TB that wasn’t contagious?
When the scandal
first broke, various health officials pooh-poohed Speaker’s claims
that he had been repeatedly told that he posed no threat to anyone.
Yet Speaker’s father surreptitiously taped one of the conversations,
in which Dr. Eric Benning, medical director of the Fulton County
health department, clearly
tells Speaker "because of the fact that you actually are
not contagious, there’s no reason for you to be sequestered,"
and "As far as we can tell, you are not a threat to anybody
right now."
Further proof
that Speaker honestly believed he wasn’t putting anyone in danger:
Both sets of parents were present at the wedding, and he kissed
his new bride on the mouth! And it’s not just that these were six
woefully ignorant people. In an ironic twist, Speaker’s new father-in-law
has a Ph.D. in microbiology and is a CDC expert in…drumroll please…tuberculosis!
(You couldn’t have made this stuff up.)
Now at this
point in the saga, the CDC got a hold of Speaker and told him his
strain of TB was more drug resistant than previously thought, and
that he needed to either book a $100,000 private jet home (at his
expense) or check himself into an Italian facility "indefinitely."
Again, he wasn’t told he was contagious; they advised him to take
a walk and go to dinner before turning himself in.
Yes, at this
point Speaker and his new bride definitely flouted their orders,
and booked a flight to Canada (to avoid the US "no-fly"
list), and then drove a rental car through border security without
(they claim) lying about their identities. Before his trip, Speaker
had been told that treatment in Denver was his one shot for survival,
and he was afraid being detained in Italy would be a death sentence.
Now I ask,
how in the world does this sordid tale justify more money and
power for the CDC and other health officials? Suppose things
had gone the opposite way, and that the feds had successfully coordinated
with the airlines to prevent Speaker from flying to or from Europe.
Surely newspaper editorialists would’ve congratulated the government
on a job well done, and thanked their lucky stars that our society
places limits on people’s individual liberties.
So then why
is it that when the government botches the job, again the
conclusion is the same – to wit, we need the government to take
away more liberties? If the government is so incompetent that it
didn’t even catch the newlyweds as they crossed the border from
Canada through a regular checkpoint, why should we trust it to protect
us from future outbreaks of contagious diseases?
Make no mistake,
if the government didn’t arrogate to itself the right to handle
these life-or-death issues, the free market would fill the void.
In a purely capitalist setup, it would be horrible for business
if an airline allowed infectious passengers to fly internationally.
Yet in today’s world, airlines won’t be punished for this carelessness,
since travelers will assume "the government takes care of that
type of thing." How many readers even know which airline Andrew
Speaker used?
Some
readers might object and say, "Wait a minute! Yes, the government
fumbled the ball on this one, but so did the private airline. Neither
agency prevented Speaker from putting people in danger."
But
this isn’t true. Suppose airline carriers instituted their own passenger
rating system, and declined service to those it deemed infectious
(or terrorist risks, for that matter). If these people were A-OK
according to the government’s list, then they could easily
sue for baseless discrimination. So we see, the way the system works
right now, if the government gets involved in something, it doesn’t
just supplement – it takes over.
The government
botches just about everything it touches, whether it’s schools,
housing projects, reconstructing Iraq, or keeping the public safe
from TB. Maybe it’s time we quarantined the CDC and let the free
market take a shot.
June 20, 2007
Bob
Murphy [send him mail]
has a PhD in economics from New York University, and is the author
of Minerva.
See his personal website at BobMurphy.net.
Copyright
© 2007 LewRockwell.com
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