Many of us watched the debate of John Fetterman (D) and Republican Mehmet Oz (R) last night and it was at times very difficult to watch. Fetterman is clearly still experiencing serious problems in cognitive processing and communication after his stroke five months ago. However, when some raised disconnected or incomprehensible responses, commentators like MSNBC’s Liz Plank objected to such criticisms as discriminatory “ableism.” The Philadelphia Inquirer wrote that these questions only reflect our “discomfort” with disabilities.
I felt an enormous amount of sympathy in watching Fetterman struggle last night. This is terribly difficult for any stroke victim and I give him credit for soldiering on with his campaign. However, Plank and others suggest that recognizing a serious question over the incapacity of a politician is now considered discriminatory and hateful.
There have been allegations that Democratic operatives hid the extent of the stroke from voters, which occurred shortly before Fetterman was given the Democratic nomination. Since then, Fetterman has been closely protected from reporters seeking to ask him questions. Not only was the extent of the damage not revealed before the nomination, but this debate did not occur, according to the Wall Street Journal, until after roughly half of the mail-in ballots were submitted.
Before the debate, NBC reporter Dasha Burns was attacked for merely noting that Fetterman did not appear to be able to process questions or comments before one of his relatively rare interviews.
Fetterman’s wife demanded an apology as others piled on Burns as an “ableist.” Gisele Fetterman told the Independent “I would love to see an apology towards the disability community from her and from her network for the damage they have caused.”
From the outset, it was clear that Fetterman has continuing residual damage from the stroke when he started by telling the audience “Hi goodnight.”
There were also glaring contradictions on his record, including a strikingly false statement on his opposition to fracking. Fetterman repeatedly opposed fracking in prior years but categorically denied that past opposition in the debate:
This debate was all the more important due to the fact that Fetterman will not agree to anything more than a single one-hour debate with closed captioning technology. He has also limited any ability of reporters or voters to ask him questions at events. The voters have a legitimate interest in seeing how their senator will response to issues and opposing views.
Politico reporter Natalie Allison stated the obvious that “the ability to process conversation in real time and respond is a lingering challenge, and that was absolutely a real issue tonight for Fetterman.”
Yet, Plank denounced critics as engaging in discriminatory “ableism.”
Such charges are common on college campuses where the term is defined as “the privileging of ability and results in the oppression of disabled people based upon real or perceived impairments. It ‘others’ disabilities, chronic illnesses, and neurological or mental illness.”
The question, however, is whether a senatorial candidate’s difficulty processing or communicating is discriminatory. It is clear that a senator can use closed captioning in hearings to understand questions. The same is true for communicating with staff in the office or some other forums.
Two U.S. senators recently suffered strokes.Sen. Ben Ray Luján of New Mexico suffered a stroke and required physical therapy in his recovery. Sen. Mark Kirk of Illinois returned to the Senate a year after suffering a stroke. Staff stated in a 2015 article in the Atlantic that the stroke caused continuing difficulties for Kirk who lost his 2016 bid for reelection.
I agree that a diminishment of speaking abilities from a stroke victim should not be treated as a de facto barrier to public service. This issue has come up in EEOC cases dealing with the exception for Bona Fide Occupational Qualifications (BFOQs) under federal law. These cases may offer some insight into the balancing of interests.
The EEOC defines a “qualified individual with a disability” as “a person with a disability who meets all of a position’s legitimate job requirements and can perform the essential functions of the position with or without reasonable accommodation.”
The EEOC posts a letter on this issue as instructive:
“[T]here is no BFOQ defense in the ADA. Accordingly, an employer may not defend a disability-based employment action by asserting that the absence of disability is a BFOQ. An employer, however, may assert other defenses under the ADA. For example, an employer may defend the use of a qualification standard that screens out an individual on the basis of disability by showing that the standard is job related and consistent with business necessity. In that respect, the employer must show that the standard is an accurate measure of the individual’s ability to perform the essential functions of the position at issue. An employer may justify a safety-based standard by showing the existence of a direct threat, i.e., a significant risk of substantial harm that cannot be reduced or eliminated through reasonable accommodation.”
A stroke is a disability and there should be reasonable accommodations in the workplace. In most cases, such reasonable accommodations can and should be made.
Yet, according to Plank and some others, pundits and voters who question the ability of Fetterman to be effective as a senator are engaging in ableism. I do not agree as a general matter. The ability to process information and to communicate are clearly essential functions in representing a state in Congress. The problem is that we do not know the extent of the damage from this stroke and whether reasonable accommodations in the workplace are possible.
There was an EEOC settlement in 2013 with an employee who was thought to have suffered a stroke due to facial paralysis. The facial appearance was due to Bell’s Palsy. The EEOC lawyer stated:
“The ADA requires that all employees be given equal opportunity to do their jobs regardless of an actual or perceived disability, and employers should not make decisions based on perceptions about someone’s supposed impairment. This case should remind all employers that the ADA requires employers to make an individualized assessment about an applicant or employee’s ability to do the job instead of acting out of speculative fears or biases.”
The EEOC has also sued on behalf of a truck driver who was not accommodated after a minor stroke.
There is also the difference presented by this issue being part of a political debate on the overall fitness of a candidate to serve in Congress. This is obviously not an ADA-covered matter on the campaign trail. Communicative and cognitive ability are core criteria for voters. An analogous comparison can be drawn to cognitive questions raised about former president Ronald Reagan or President Joe Biden due to their advanced years. Is that “ageism” and also deemed discriminatory?
At a minimum, last night’s debate should make the disclosure of Fetterman’s medical records an imperative for the media. The question is whether this is just a speech problem as opposed to a more serious comprehension or mental processing issue.
No, it is not. ‘Woke’, and, ‘Progressive’, at least historically, are actually antonyms, and the fact that every single living American ‘liberal’ seems to be ignorant of this fact is all that need be said. And stop comparing us to Europe or its affiliated countries; there is no such thing as a one to one comparison – this country was founded on the very principle of fleeing their BS.
This is about people not caring enough to pay attention in the 21st century, due to online/social media degradation of the brain, and nothing more. Write piece after piece on the mindset – until that somehow changes, I don’t know what we do. Dave Rubin is spot on with his terming of ‘Regressive Liberals’. No one in their right mind would have run Fetterman. Very, very clearly, the *party* is all that matters to them, just like the Nazis and the Soviets, and that is not what our Republic was based on. Calling for ‘one party rule’, let alone election overseers from other friggin’ countries; as the Democrats are, in the 21st century era of wealth is basically calling for monarchy, and in this century that is flat out insane. Like, certifiably.
Running Fetterman anyway is the exact *opposite* of compassion. There is nothing modern Dems will not do in their inhumane lust for power, and it isn’t even clear what they want, other than their own aristocratic comfort and superiority (is it any wonder their kids are so screwed up, and are leading us over the edge of a cliff?). This is the living definition of insanity. This November we still have the power to stop it its tracks, and hopefully, over time, reverse it. We do not need another Civil War, and we sure as sh** don’t need another global war when nukes flow like water. And it is, undeniably, irrefutably, proven by video clips of mouths saying actual words, it is 100% the modern left fomenting all of this, ALL OF IT, at present.
Pray that our discussion of law still matters in the future, because depending on how things go, it very well might not.
Re: Liz Plank, Philadelphia Inquirer, and “discriminatory ableism.”
I believe the operative language under ADA requires that “with or without reasonable accommodation,” a person can perform the essential functions of a position. Fetterman was provided with the accommodations his campaign/staff requested. He apparently refused to release medical records, but in the alternative, provided a statement from his physician.
Soooooooo, we ask ourselves, what are the “essential functions” of a senator?
I would suggest that the essential functions are: an ability to listen to and actively communicate with constituents, to read and assess copious written material on the subject presented, to cognitively comprehend the information received, to remember it and be able to timely recall it, to engage in deliberative discussion, to comprehend (if not to recommend) solutions or resolutions -and discern among the alternatives presented or proposed, to gauge the benefits/burdens/to assess pros and cons of proposed legislation, to act and vote accordingly. Others on this site may add more or disagree.
And then we ask ourselves, with the accommodations Fetterman requested, is he capable to “perform the essential tasks” of a senator?
The ADA is relevant in the sense that the if Elected the Senate would have to accomodate Fetterman’s disability.
The ADA has no application at all to elections.
Understood, John. I was simply responding to the print and TV media allegations of discriminatory “ableism.” And what voters may want to consider in reality. Thanks, though.
Those on the left should consider that they can pass all the discrimination laws they want.
Not a single one has any effect at all on who we elect into government jobs.
Outside of the far left – most of us understand that our elections are not racist or ….
Why is it that we beleive without laws that the rest of society would be different from elections ?
Imagine 100 senators performing their consitutional duties, all with the same level of auditory and verbal impairment that Fetterman displayed last night, and you will have a good measure of how absurd it is to send Fetterman to Washington to represent Pennsylvania.
Or even make the image more clear by imagining Fetterman and Biden discussing policy in a one-on-one breakfast.
https://rumble.com/v19qp8s-mike-judge-on-the-legacy-of-idiocracy.html
https://rumble.com/v1bowqe-idiocracy-stupid-people-reproducing.html
Fableism
There is a huge difference between a capable individual who has a disability and one who is incapable of performing a job. That is the heart of the matter.
Democrats want to get Fetterman over the finish line, have him resign and then have the Democrat governor appoint his wife, who will then serve for 50 years.
We have lost our collective common sense.
The Fetterman ‘case’ is the latest proof of it.
We have been lowering expectations in this country for many decades.
“Able-ism?” Really? We’re going to allow a candidate to gain a seat in this nation’s Senate, for a six-year term, based upon exactly what……
And to Liz Plank and those who agree we’re ‘discriminating’ —- it’s our ability to discern, to discriminate, based upon all objective and subjective facts at our disposal, and upon our experiences as well, that enables us (as voters in this instance) to pick the best candidate for the job.
So Liz —- just shut up already — you’re fouling the air.
“… this debate did not occur until roughly half of the mail-in ballots have been submitted. The Wall Street Journal noted that 48 percent voted before they saw Fetterman in the debate.” ~ Turley
Early voting started in many states before the final Biden v Trump debate. At some point the parties need to schedule debates before early voting starts.
Puck the ‘parties’. It doesn’t matter how you count the votes if only the ‘parties’ can win.
*Snowden for President 2024 ‘From Russia With Love’
“The question is whether this is just a speech problem as opposed to a more serious comprehension or mental processing issue.” ~ Turley
The Senate, as “the world’s great deliberative body” (President James Buchanan, 1867,” requires more than comprehension or mental processing. The Senate requires an ability to introduce legislation, debate others, etc. Fetterman clearly cannot meet any of those reasonable requirements.
And given the ardent defense of Fetterman by the media, in the event he is elected and sworn in, will any senator debating Fetterman in the floor or in committee be smeared with the “ableist” label. (The answer of course is yes.)
Reading on some of the post debate polls.
It appears those in PA, were in fact shocked by Fetterman’s performance, or lack there of.
Oz numbers have taken a off, while Fetterman numbers have tanked.
As others have pointed out, Fetterman’s stance on issues and performance while in office pre-stroke need to be considered. His obvious condition post-stroke should be a disqualifying factor, obviously he is not fit for office.
The fact his campaign team is trying to blame the CC system, when he was given two chances to practice with the system, but only took one is rather telling.
Ultimately, it will be the voters come election day that will determine if he is qualified.
That is how democracy works.
Funny enough, there are those claiming if the GOP wins in the mid-terms, democracy is danger.
“I felt an enormous amount of sympathy in watching Fetterman struggle last night. This is terribly difficult for any stroke victim and I give him credit for soldiering on with his campaign. However, Plank and others suggest that recognizing a serious question over the incapacity of a politician is now considered discriminatory and hateful.”
*************************************
Which, of course, says volumes about JT’s sterling character (I had no sympathy for the guy who wants to throw open the gates of the violent criminals wing of the prison) , damns “Plank and others” as the “shut-up and obeyers” they so clearly are, and makes a farce of both REAL ableism (yes, it is a real issue) and meritocracy which is the only antidote to Woke Poisoning.
No sympathy for Fetterman. It was his decision to stay in the race knowing that his incapacity is disqualifying. It is his choice to hide his medical records from the voters. If anything, have sympathy that he has a wife almost as despicable as “Dr” Jill. Two power-hungry peas in a pod.
I am a great supporter of your legal analysis, and while you may focus on Fetterman’s current medical condition, which I do not dispute, you are ignoring his extensive record of support for working people oriented policies, as well as Oz’s own deficiencies- his carny over hyping of certain health or weight loss products of companies that were sued by the FTC, AND perhaps more important, his close relationship with Turkish President Erdogan and the risks of dual loyalty presented inherent in that relationship and his dual citizenship.
Twenty years ago, Sibel Edmonds, who as a translator for the FBI, discovered and blew the whistle on Turkish infiltration of the Pentagon and was prosecuted for it.
We should all be concerned about Erdogan, his unreliability in NATO, and his Ottoman expansionist policies and whatever he is able to gain from persons infiltrating our government and collaborating with him, including those officials who are elect.
These also are serious issues that need to be explored.
you are ignoring his extensive record of support for working people oriented policies
Ms Chardaé Jones, the current mayor of Braddock, who succeeded Fetterman, has never had a conversation with him. You obviously are a DNC operative / campaign worker for Uncle Fester
Mayor Chardaé Jones on John Fetterman: We’ve never had a conversation!
You are free to vote as you wish.
I would note that Oz is an incredibly successful immigrant.
I can feel sympathetic towards Fetterman over his stroke.
But he has accomplished nothing outside of politics in his life and little inside it.
At full capacity – Fetterman does not demonstrate anything that leads one to conclude significant skill or ability to succeed outside of politics.
I do not care what emotions Fetterman wears on his sleave.
The last thing I want in the senate is someone whose emotions drive him.
I found it interesting how you jumped from Oz being Turkish to his being a Turkish spy.
Hunter Biden is “Born in the USA” yet, a dozen countries have their tentacles in him.
John- I agree with you about Hunter Biden. But the issue of Oz’s connection with Erdogan is a very real one- and let us not be enthralled by his success as a huckster.
I am not interested in “connections” to Erodigan.
If you have something that indicates that Oz’s values, principles, conduct are bad or concerning – provide that.
We spent the whole of 2017 fighting over the Turks vs. the Saudis – the world is made of bad people – some of them are even are allies.
And sometimes our bad allies end up at odds with each other with us in between.
Biden went on a moral crusade during the election against MBS and the Saudi’s.
And then had to eat crow, prostrate himself and this country as a hypocrite and got laughed at to his face.
We have a mess in Ukraine right now, first and foremost because our current president is a moron, but equally because for 20+ years we have not figured out how to come to terms with Putin. Yes, he is a bad man – but we deal with vile leaders across the world.
It is not unreasonable to beleive that Putin could have been placated and dissauded from constantly attacking his neighbors.
Maybe that is not possible – but it was worth a try. Obama actually made half hearted efforts – Twice, but those were disrupted by bad conduct by Clinton and Biden. One of the few things Trump was unable to do was build any relationship with Russia – because the left would manufacture that into treason.
So today we once again worry about the small possibility of nuclear armagedon – a fear that we thought was gone 3 decades ago.
A nuclear war cannot be won and must never be fought.
Ronald Reagan
Dear Prof Turley,
According to sources familiar with the matter, this may be the cream of crop.
*how is this worse than Trump shooting someone of Fifth Ave., or Biden/NATO’s unprovoked unhinged proxy war in Ukraine?
I don’t feel that Fetterman is up to the job. Hopefully, he will fully recover but there is no guarantee.
I feel that we had the wool pulled over our eyes with Biden, not just about the family’s influence peddling, but about his cognitive health. I don’t think that he can run the country, and I have no idea who really is. Well, I can guess who is actually running the country but the point is that they were not elected. While some would be happy to have Obama back in the White House, would they have voted for Dr. Jill on her own merits?
Fetterman would be the same — he’d need unelected handlers to interpret what is being proposed / discussed and then to make decisions.
Having dealt with many stroke victims over the years I would say Mr Fetterman’s disability is disqualifying. There are a whole variety of strokes and jobs and in many cases people are able to recover the function necessary to do their job. However a US Senator or President are elected to process information , make judgements and act on them. If you cannot process your information input or rationally and clearly give output then you are not qualified to serve. Just as a semi truck driver would not qualify or a cardiac surgeon would not qualify or an attorney or simply a family medicine physician or many others. How about an Airline pilot with 200 -300 people in the plane. Processing information and then acting or not acting on that information is our brains key function. As a hospital staff president one of your main functions is to remove an incompetent physician whether due to drugs, alcohol, mental illness or even a stroke if they are impaired mentally. The presidents word is final at the time of the removal but then can be discussed or modified by the usual followup hearing of the governing board. Fetterman’s should have been removed within 4-6 weeks of his stroke with this impairment level and someone else substituted. The “clearance” given by his “physician” should be referred to the medical licensing board for action and maybe some mandated education course on neurological assesment.
How can you make this assessment without examining Fetterman and his medical records and history?
You don’t need to be a brain surgeon to watch and listen to him for only 5 minutes to see he is impaired.
Welllllll, if you were Dr Brandy Lee, former psychiatrist professor of ill repute Yale University, you could diagnose anyone anywhere just by clicking your red ruby Marxist stilettos, but if the patient were Donald Trump, your opinion would be golden
Fetterman had an ischemic stroke of the superior and inferior middle cerebral artery, left side, his dominant hemisphere, which is where his Broca area (speech production) and Wernicke’s area (speech comprehension) are located. He seems to have Broca’s aphasia and Wernicke’s aphasia, likely some other impairments given he wont release his medical records. I see no impairment to extremities, facial features, walking or general movement. He seems to walk alright, a good sign.
However a stroke is usually something that occurs to the elderly. Fetterman is in his early 50s, with a terrible health history including being grossly obese (over 400# at a height of 6’8″), cardiomyopathy, atrial fibrillation, atherosclerosis, peripheral edema (swollen feet), sedentary lifestyle, history of cardiac meds, and poor medical compliance. Ischemic stroke happens to young people with this type of medical history. This was all preventable and avoidable. Atherosclerosis can not be reversed, so more destabilizing plaque that becomes loose that causes another stroke is a real concern. He is going to need intensive medical management. He does not evince wise decision making skills about his own life.
I continue to be appalled that spouses like Jill Biden and Gisele Barreto would subject their sick spouses to a high profiled life of a politician. Or perhaps Democrats are really cruel towards people and have little to no regard for life, like decapitating a new born baby, euthanizing an elderly person, castrating a young boy, submitting a young girl to a double mastectomy and administering puberty hormone blockers.
see:
Nogles TE, Galuska MA. Middle Cerebral Artery Stroke. 2022 May 8. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2022 Jan–. PMID: 32310592.
https://pubmed.ncbi.nlm.nih.gov/32310592/
Estovir………Either you’re a physician, or, you really really really paid attention in High School Biology class!
Very impressive.
Eventually he’s going to put some cardiac surgeon’s kid either through law or med school.
He could also have flipped an embolus due to his atrial fibrillation. He probably is on an anticoagulant, but he is the type of guy that could easily miss some doses.
First, to dispense with the obvious, anybody on MSNBC’s payroll would find a way to promote a zombie for elected office provided the undead monster has a “D” next to its name. That’s just the reality.
Second, of course Fetterman’s disability should not preclude him from running for any office. And, of course, voters are obligated to consider the disability as just one of many variables when they vote.
In addition to his disability, voters will also weigh Fetterman’s slobbish appearance; his debate performance; his policies; his education; his experiences; his party affiliation; etc.
Just as they will consider the “whole package” of Oz’s candidacy.
At least in theory that’s how it’s supposed to work.
Let’s cut to the chase here….MSNBC and other well known Left leaning Democrat Party propaganda outlets MUST protect Fetterman citing his medical deficiencies as the “defense”….as they have and must continue to do that re Joe Biden who is similarly incompetent due to his Geriatric Dementia and residual mental issues from two Brain surgeries.
The real issue is it is not Fetterman’s disability resulting from the Stroke that makes him unfit for Office….it is his agenda, his credibility, past performance in Office, and his proven lack of veracity that is his undoing.
This Election proves how wrong it is for Early Voting far in advance of Election Day…..why unlimited Mail In Voting is patently wrong…..and why the Media and Polling firms should be held accountable for hiding stories and pushing false information.
Fetterman’s performance was difficult to watch for sure, however his stroke being so recent there’s still more recovering to go thru. His symptoms may be superficial and he may still be able to function in an official capacity. He should continue to run until HE determines he can’t.
He should have all the help he needs to do his job. The late Senator John McCain had issues. Even Reagan with early stages of Alzheimer’s as president didn’t stop him from serving.
Until he decides on his own he can no longer do his job. He should continue to push on.
If Oz was struggling against fetterman in his condition that makes Oz far worse.
To my knowledge Fetterman has not improved any since day 3 post stroke. He is as good as he is going to be. That’s today’s evidence
It’s been 6 months. Although additions recovery can possibly occurred, the vast bulk has already happened. In any event it is unfair to the voters of Pennsylvania for that recovery to be taking place while he is on the job when he needs to be attentive, aware, cognizant, and able to effectively communicate.
I may disagree with the foundational principals of his policies, but I wish him the best. Perhaps if he fully recovers he can come back and try again at the next Senatorial election, but right now he is just not up to the job.
I want to apologize for my weird and crappy typing. This is a new computer and the different keyboard layout isn’t working and playing well with my finger memory.
Apologies unnecessary
No one grades you on typing or spelling, or grammar.
Ergonomic keyboard?
No. Do you know what a UMPC is? It stands for Ultra Mobile PC ie: A really small PC.
In this case it’s a 11th Gen Core i7 crammed into a case with a tiny 8 inch screen, with an necessarily small keyboard.
I agree.
While I think Fetterman should have chosen to withdrawl after his stroke.
He did not.
The party did not push him too.
Now PA voters are stuck with the choice between Fetterman and Oz.
They are free to decide – as you have that Fettermans problems are of no concern.
Or they can vote for Oz.
In two weeks we find out.
My guess is that Fetterman lost the election last night.
But in two weeks I may find I am wrong.
I doubt it.
At some point I will have to listen to the debate.
I do not care about Fetterman – he was never getting my vote anyway.
But I do care abut Oz, and I am pretty sure their is a libertarian running.
I still have to decide if I can vote for Oz.
Our high-tech society is impossible to sustain without intense meritocracy. Yet, look at the progress that has been made in adaptive redesign (e.g., ADA) so that the disabled can compete more effectively in offering skills. Yet, there are limits to such accomodation — at some point they begin to collide with necessary competencies.
A stroke such as that suffered by Fetterman that weakens auditory speech understanding, and interferes with clear speech production? There would be many jobs open to such a disabled person, i.e. those routine where nuanced communication is not a ongoing requirement.
But, a US Senator? This job requires the most advanced listening skills, and diplomatic structuring of utterances.
A Senator who produces word salad is only fit for a lesser role, such as Vice President.
Hahaha!! Good one pbinca!! That was my laugh of the morning!!
That one is a winner. LOL;)
On reading the preceding responses, I offer up an example that’s closer to home. Who of the Woke Ableist mindset would have an individual with Fetterman’s present shortcomings serve as presiding judge, plaintiff’s or defense attorney in a litigation involving themselves?