Year: 2018

Morning Ethics Warm-Up, 6/28/2018: The Post-Kennedy Retirement Announcement Freak-Out

/ Jack Marshall / 78 Comments

Good Morning!

1. How prescient of me to headline yesterday’s warm-up “Deranged” before Justice Kennedy announced his retirement and the progressive/Democratic/ mainstream media/social media freakout commenced!

2. Duh. Since nobody seems to be writing about how perfectly this proves the Trump-inflicted brain damage on the Left, allow me:

  • Justice Kennedy is 81. As my dad used to say when he entered his 8th decade, he’s in the red zone, and can drop dead at any second. Did Democrats really assume he would keep working forever?

Their shock at this is ridiculous and unbelievable. WHAT? An 81-year-old judge is retiring?

  • This is a wonderful example of how people assume that everyone else thinks as they do. The Trump-Deranged have reached the point where they would saw their pets in half to undermine the President, so they assume that Kennedy feels the same way.

There is no evidence that he does, in part because, unlike Ruth Bader Ginsberg, who has periodically trumpeted her contempt for the President, he has been judicially discrete and professional.

  • It is per se irresponsible for an 81-year-old in a challenging job with national impact not to step down before he or she becomes incompetent, or drops dead. Scalia was irresponsible not to retire. Ginsberg should retire (she is 84). Breyer is two months short of 80: he should retire.

Outside of judges, we have multiple members of Congress, notably Pelosi and John McCain, who are being unethical by not stepping aside.

  • The bottom line is that nobody should be freaking out, because everyone should have been prepared for it.

3. We get it! You are vicious, juvenile, angry, rigis and irrational people. The Daily News nicely sums up the calm, analytical, reasoned reaction by the Left:

Continue reading →

Ethics Quiz: The Little House On The Cultural Divide

/ Jack Marshall / 50 Comments

From the New York Times:

The American Library Association is dropping Laura Ingalls Wilder’s name from a prestigious children’s literature award in order to distance the honor from what it described as culturally insensitive portrayals in her books.

The decision was made out of a desire to reconcile the award with the organization’s values of “inclusiveness, integrity and respect,” representatives of the association said in a statement on Monday. The award is given out by its children’s division.

“Wilder’s books are a product of her life experiences and perspective as a settler in America’s 1800s,” the association’s president, Jim Neal, and the president of the children’s division, Nina Lindsay, said in the statement. “Her works reflect dated cultural attitudes toward Indigenous people and people of color that contradict modern acceptance, celebration, and understanding of diverse communities.”

…Despite their popularity, Ms. Wilder’s books contain jarringly prejudicial portrayals of Native Americans and African Americans. In the 1935 book “Little House on the Prairie,” for example, multiple characters espoused versions of the view that “the only good Indian was a dead Indian.” In one scene, a character describes Native Americans as “wild animals” undeserving of the land they lived on.

“Little Town on the Prairie,” published in 1941, included a description of a minstrel show with “five black-faced men in raggedy-taggedy uniforms” alongside a jolting illustration of the scene.

Hmmmm.

Your Ethics Alarms Ethics Quiz for today:

Is it fair and reasonable to remove Wilder’s’ name from the award, essentially taking away an honor despite no new information or evidence arising? Continue reading →

Morning Ethics Warm-Up, 6/27/2018: Unhinged

/ Jack Marshall / 129 Comments

Good Morning.

1. Nah, there’s no mainstream media bias…This is one of the times that I am sorry that the Trump Deranged on Ethics Alarms have temporarily withdrawn from the Comment section battles, as I would love to hear their self-indicting rationalizations.

Here was this morning’s New York Times, big black headline:

JUSTICES  BACK TRAVEL BAN, YIELDING TO TRUMP

Outrageous in every way. The Court did not “yield” to anyone or anything but the law as it stands and has stood for centuries. As Constitutional Law expert Eugene Volokh succinctly put it, “The federal government may pick and choose which foreigners to let into the country (at least setting aside foreigners who have are already been granted residence), even based on factors — political beliefs, religion, and likely race and sex — that would normally be unconstitutional.” He explains:

This used to be called the “plenary power” doctrine, referring to the principle that the government has essentially unlimited power when it comes to at least this aspect of immigration law, unlimited even by the Bill of Rights. It is not based on the constitutional text; textually, the First Amendment would apply to all exercise of Congressional authority, whether under the Commerce Clause or the District of Columbia Clause or the Necessary and Proper Clause under Congress’s power over immigration. But, right or wrong, it is based on longstanding American legal history; and the majority adheres to that history.

Historically, this has even be used to authorize Congress to discriminate based on race (query whether the Court would today condemn this as “irrational”; more on that below). It has long been seen as authorizing Congress to discriminate based on country of citizenship, without investigation into whether such discrimination might actually be motivated by ethnic hostility. And, most relevant to today’s decision, it was seen in Kleindienst v. Mandel (1972) as authorizing discrimination based on political ideology, which would otherwise be forbidden by the First Amendment….The Court rejected the First Amendment claim:

Recognition that First Amendment rights are implicated, however, is not dispositive of our inquiry here. In accord with ancient principles of the international law of nation-states, the Court in The Chinese Exclusion Case (1889), and in Fong Yue Ting v. United States (1893), held broadly, as the Government describes it, that the power to exclude aliens is “inherent in sovereignty, necessary for maintaining normal international relations and defending the country against foreign encroachments and dangers—a power to be exercised exclusively by the political branches of government ….” Since that time, the Court’s general reaffirmations of this principle have been legion. The Court without exception has sustained Congress’ “plenary power to make rules for the admission of aliens and to exclude those who possess those characteristics which Congress has forbidden.” Boutilier v. Immigration and Naturalization Service (1967). “[O]ver no conceivable subject is the legislative power of Congress more complete than it is over” the admission of aliens. Oceanic Navigation Co. v. Stranahan (1909)….

As a result, the Court held that, if decisions to exclude aliens could ever be set aside, this would be so only if there was no “facially legitimate and bona fide” reason to exclude the alien. In Mandel’s case, the dissent noted, those reasons — labeled by the government as Mandel’s “flagrant abuses” during his past visits to the U.S. — “appear merely to have been his speaking at more universities than his visa application indicated.” The dissent argued that “It would be difficult to invent a more trivial reason for denying the academic community the chance to exchange views with an internationally respected scholar.” But the Court didn’t investigate whether the government’s true motive might have been the Administration’s disapproval of Mandel’s political ideas, rather than the supposed violation of past visa conditions; the requirement of a “bona fide” reason did not appear to require an investigation into the government’s true motivations, but rather simply focused on whether the “facial[]” reasons seemed sufficient:

In summary, plenary congressional power to make policies and rules for exclusion of aliens has long been firmly established. In the case of an alien excludable under [the provision involved in Mandel], Congress has delegated conditional exercise of this power to the Executive.

We hold that when the Executive exercises this power negatively on the basis of a facially legitimate and bona fide reason, the courts will neither look behind the exercise of that discretion, nor test it by balancing its justification against the First Amendment interests of those who seek personal communication with the applicant.

The majority’s decision in Trump v. Hawaii basically applied this logic to another clause of the First Amendment — here, the Establishment Clause (which normally bars discrimination based on religious denomination, including the use of neutral rules in a discriminatorily motivated way) rather than the Free Speech Clause….

Continue reading →

Regarding National Institute for Life Advocates (NIFLA) v. Becerra

/ Jack Marshall / 35 Comments

The Supreme Court ruled today that California could not require that pregnancy resource centers (PRCs) promote abortion services on their premises. The  law doing so, the 5-4 majority held, is forced speech. (A law couldn’t make the PRC’s bake cakes saying “YAY ABORTION!” either, presumably.)

The ruling in National Institute for Life Advocates (NIFLA) v. Becerra holds that by imposing the law, California created “an unduly burdensome disclosure requirement that will chill [PRCs’] protected speech.”

 California’s 2015 Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act mandated that any facility that provides care to pregnant women must post this notice:

California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women. To determine whether you qualify, contact the county social services office at [insert the telephone number].

Fines for violating the law were $500 for the first offense after 30 days, and $1,000 for each subsequent offense.

 Justice Clarence Thomas, writing for majority, concluded that the requirement “alters the content” of the licensed centers’ speech by requiring them to notify pregnant women about the availability of low- or no-cost abortions even though the centers’ goal is to persuade women not to have abortions at all. This could be justified by a “compelling interest,” Thomas wrote, but he noted that there are other ways —an advertising campaign or posting notices on public property near the licensed centers—that would not force the centers to promote the very activity that they exist to stop.

Writes at Amy Howe at SCOTUSblog regarding the law’s application to unlicensed centers: Continue reading →

The SCOTUS Ruling In Trump v. Hawaii [UPDATED]

/ Jack Marshall / 30 Comments

The Supreme Court properly and ethically  killed the burgeoning liberal judicial theory that different Presidents have different restrictions on how they can exercise established Presidential powers. The majority in in the just announced decision in Trump v. Hawaii conclusively struck down a Hawaii judge’s ruling that Trump’s hostile comments about Muslims on the campaign trail rendered his travel restrictions unconstitutional, while a similar measure ordered by a nice President for the right intuited reasons would be presumably acceptable. This seemingly partisan ruling required substituting mind-reading for the President’s stated reasons for the Executive Order, and would have established a terrible precedent in a number of areas.

Sadly, this was another 5-4 ruling where the Court seemed to divide along ideological lines. However, since it seems clear that the five conservatives would have ruled the same way no matter which party’s President had issued the order, while the liberal bloc was indulging “the resistance” with a “Trump is special” approach, only one side of the political divide appears to have left integrity and and objectivity in their spare robes. Many, many commentators around the web have noted that this should have been a 9-0 decision, and that the political bias of the Hawaii decision was flagrant from the start. I agree. The President’s authority in this area is clear and unambiguous.

Writing for the majority, Chief Justice John Roberts wrote that the government “has set forth a sufficient national security justification” for its action. “We express no view on the soundness of the policy,” Roberts added.

More, from the holding: Continue reading →

Morning Ethics Warm-Up, 6/26/2018: Our Amazing, Evolving, Contentious Culture

/ Jack Marshall / 20 Comments

Good Morning!

1. Outrageous Self-Promotion Dept.: Just in case you live in the vicinity of Washington, D.C., AND are interested in the cultural impact of the works of Gilbert and Sullivan in the U.S., AND would like to see me (and three long-time friends and colleagues who will periodically join me in performing some selections from the brilliant satirical operettas) discuss this rich and wide-ranging topic (Politics! Satire! Movie scores! Broadway musicals!) over a three-hour session that will fly like the wind, all it will take is a mere 50 dollars (just 35, if you are a Smithsonian Associates member) and your attendance. I’d love to see you. The program is Gilbert and Sullivan in the 21st Century, this Saturday, June 30, at 9:30 a.m. Here are the details.

2. Speaking of culture…If you want to feel better about the state of U.S. culture, I recommend watch a Beach Party movie. I just saw the first one all the way to the end for the first time—to realize that it was easily the best of its line (there were six—SIX!!!—more) is mind-boggling all by itself—and found it immediately uplifting. The 1963 William Asher-directed relic looks like it’s from some particularly demented parallel universe, depicting a weird place where 30-year-olds pretend to be  loitering teenagers who do nothing all day but gyrate to frenetic versions of the Twist, listen to awful surf music that makes the Jan and Dean sound like Brahms in comparison, do some surfing themselves (but just the males), and interact with B-list comics like Morey Amsterdam and Harvey Lembeck. The songs and their hackneyed lyrics make you yearn for the nuanced hip-hop musings of Kanye West; the comedy makes “Big Bang Theory” seem like Oscar Wilde, and to speculate on what kind of populace would actually enjoy such badly-conceived and sloppily-executed crap is to risk madness. If this was America in 1963, a) Good riddance, b) How did we survive? and c) No wonder the Soviet Union thought they were going to win!

No blacks are to be seen; indeed no skin color of any shade but glistening white is visible anywhere—didn’t these people even tan? Here’s a typically clueless exchange to ponder:  Annette Funicello: “The professor got his robe from the chief of the Tokyo Fire Department!” Random 30-year-old teenage beach bum: “Great! I’ll call him if my rickshaw catches fire!”  [laughter]. In the hilarious motorcycle gang, where all of the actors appear to be at least 45, the male members’ leather jackets say “Rats” on the back, and their female cohorts’ jackets say “Mice.” None of the”girls” have any function in the film, and no higher purpose, than to moon after the guys and gyrate in their faces.  Accepted conduct is for every male youth to gawk, pant, and emit some sound the equivalent of a wolf whistle every time a shapely female passes. The romantic lead (of sorts), teen idol Frankie Avalon, trying to make virginal, had-to-get Annette jealous, grabs a generic Scandinavian waitress and just starts kissing her. It’s like a magnet. Just kisses her He doesn’t  even wait. When you’re a star, they let you do it. You can do anything. Then he tells her he loves her so she’ll make out with him until Annette loosens up. This is the hero, remember.

They should show this film in every junior high school American History class. I’m very serious about this.

3. An abject lesson in how the news media uses language to manipulate public perception: Virtually every news report about the Trump administration’s actions at the Mexican border described them, and are still describing them, in headlines as “family separation.” The cumulative effect of this is to make casual, not fully-engaged readers and listeners think that family separation is the objective of the policy. The objective of the policy is to enforce current immigration laws while obeying other legal requirements, such as the one that forbids children from remaining with federally  detained parents.  This is, under the Ethics Alarms definition, fake news: deliberately deceitful reporting that conveys a false impression. The equivalent would be characterizing the imprisonment of African American men convicted of felonies as “the Trump policy of making black families into single-parent households.” Continue reading →

Two Cheers As Nancy Pelosi Does The Responsible and Ethical Thing (Though In An Unethical Way)

/ Jack Marshall / 76 Comments

Linking her statement to a link regarding Rep. Maxine Waters’ despicable call for Trump Administration officials to be harassed by mobs and shown that they aren’t welcome anywhere in public places, the House Minority Leader tweeted,

“In the crucial months ahead, we must strive to make America beautiful again. Trump’s daily lack of civility has provoked responses that are predictable but unacceptable. As we go forward, we must conduct elections in a way that achieves unity from sea to shining sea.”

The two cheers are for Pelosi slapping down Waters, as she was obligated to do as a responsible leader, not that this has always motivated Pelosi before.

The missing cheer is because nothing Trump has ever done or said justifies or provoked any of the recent vile attacks on him, his family and his administration, and Pelosi’s allies, supporters and colleagues have been far more uncivil since Trump’s election than he has been.

For Nancy, however, this is still progress.

And just think: if she had been unequivocally ethical, the world would have spun off its axis, we’d have human sacrifice,dogs and cats  sleeping together, mass hysteria…and nobody wants that.

______________________

Pointer: Arthur in Maine

People Are Going To Hate This, But: Being A Father Doesn’t Confer An Exception From Basic Rules And Process

/ Jack Marshall / 44 Comments

Case Study I:

In a perfect example of the “Awww!” Facter at work, Marc Daniels was hailed as a model dad after he jumped on stage and began dancing with his toddler daughter when stage fright paralyzed her during a ballet performance in Hamilton, Bermuda. The cute video went “viral.”

 

 

Let’s stay away from the inherent ethical problems of having two-year-olds perform on stage at all.  Let’s also stipulate that the fact that the audience applauded is irrelevant; applause doesn’t validate misconduct. Those Broadway fools applauded Robert Di Niro for saying “Fuck Trump.”

Here’s the ethics point: cute or not,  Daniels had no justification for hijacking the performance. The performance had a director. Adults were in charge of the situation.  This was his solution: how does anyone know what the next parent who feels so empowered might do? Order the number re-started? Shout at his daughter?  What if other parents were unhappy with their children’s demeanor on stage? What if they felt Daniels’ interference was upsetting and distracting their daughters? Daniels was an audience member, and the ethical limits on his performance were the same as on any audience member.  Is this a ballet only exception, or should dads jump out of the stands to complete a Little League play when their kids drop the ball? There is no difference. Let me say it again: there is no difference.

Daniels’ daughter was 2. What’s the cut-off when such parental interference is inappropriate? 4? 8? 12? 36?

I see this as part of the “Think of the children!” disease, an unfortunate and unanticipated consequence of women having equal access to levers of power and the presumed legitimacy that goes along with it. Parenting, love, loyalty and compassion outranks everything now, even law, rules, and common sense, and men have been so intimidated about “man-splaining” and are so terrified of being called sexist that they are adopting this warped hierarchy that can only result in chaos if it becomes the norm.

Case Study II: Continue reading →

Morning Ethics Warm-Up, 6/25/2018: Thuggery, Double Standards And Hypocrisy…Actually, I Could Use This Title EVERY Morning

/ Jack Marshall / 48 Comments

Good morn..oh, who am I kidding? It’s a crap morning…

[The Warm-Up is going to be uncharacteristically short. (UPDATE: Well, not that short, as it turned out…) Between my hotel check-out and my arrival home, I spent 11 hours in lines, crowded airports, an airplane, listening to violent thunderstorms and trying to get online with the wi-fi going in and out, not to mention the usual excessive intake of junk y food purchased at exorbitant prices. On top of that, I’m really ticked off, behind the 8-ball in too many projects to mention, out of food, and can’t figure out how to release the emergency brake on the only functioning car we have, my son’s Mercedes.]

1. Another Republican Trump ally abused. The new “resistance” tactic continues to escalate… From the Tampa Bay Times…

“A group of protesters accosted Florida Attorney General Pam Bondi outside the screening of the new documentary about Mister Rogers at the Tampa Theatre on Friday night, questioning her about her recent actions on health care policy and her stance on immigration.

A video of the confrontation, taken by progressive activist Timothy Heberlein of Organize Florida, shows several people shouting down Bondi as she leaves the theater escorted by law enforcement after seeing Won’t You Be My Neighbor….”

Comments:

  • Again, there is an ethical obligation for principled Americans to confront these fascists—meaning the protesters. Every citizen has the right to go to a movie, eat out, or walk their his or her dog in the park without being abused and harassed. Stand up for that right (see: The Declaration of Independence) , or lose it. Bondi should have been rescued on the spot before authorities had to be called.
  • You can check Ethics Alarms by searching for “Pam Bondi.” I am not a fan; indeed, she is an outrageously unethical prosecutor. But the way to address that is through appropriate regulatory bodies, not through the acts of vigilante thugs outside a movie theater.
  • “What would Mister Rogers think about you and your legacy in Florida? Taking away health insurance from people with pre-existing conditions, Pam Bondi!” Maria José Chapa, a labor organizer, can be heard yelling to Bondi in the video. “Shame on you!” Who cares what Mister Rogers “would” think, if he weren’t, you know, DEAD? A. Nobody knows what he would think. B. “What would Jesus think?” is idiotic enough, but Mr. Rogers? This wasn’t only unethical harassment, it was incompetent harassment.

2. Tales of the double standard… From Mediate: Continue reading →

Contender For Unethical Quote Of The Decade: Rep. Maxine Waters (D., CAL)

/ Jack Marshall / 94 Comments

“If you see anybody from that Cabinet in a restaurant, in a department store, at a gasoline station, you get out and you create a crowd and you push back on them, and you tell them they’re not welcome anymore, anywhere.”

—Maxine Waters, race-biting fool extraordinaire and, astoundingly, a member of Congress, endorsing the Red Hen restaurant’s denial of Sarah Huckabee’s right to enjoy a public accommodation with her family, and encouraging more of the same.

“Creating  crowd”  to harass someone who is doing no harm is called “inciting a riot.” If I see anyone trying to “create a crowd” to tell a citizen that he or she is not welcome, I’m calling the police. In the alternative, I’ll “create a crowd” of fair and decent Americans to make the point that bullies and bigots aren’t welcome in a civilized society. Fortunately most rational people realize that Waters is a vicious idiot, but the Democrats have an obligation to make her cool it.

She is going to get someone killed, and those who tolerate and enable her will be complicit.