Month: September 2025

End of an Awful Week Ethics Potpourri, 9/17/2025

/ Jack Marshall / 8 Comments

How awful? Oh, awful for me personally, a I was sick for most of it and had a serious Missing My Dead Wife relapse; awful for ethics, as there were even more disgusting events than usual; awful for good taste, as Jimmy Kimmel was back on the air, where he is and has always been a toxic pollutant, and the Trump Administration’s ham-handed attempts at censorship turned the creep into some kind of First Amendment martyr—is that enough for you? It’s enough for me. Meanwhile…

1. Kash Patel fired all of the FBI agents who kneeled to honor George Floyd, or Black Lives Matter, or something. Ooooh, another freedom of speech controversy, and another opportunity to accuse the Trump Administration of being racist! Was this move necessary, fair and responsible, never mind legal? My verdict: unnecessary, fair and arguably responsible, as such conduct shows wretched judgment and possible anti-law enforcement bias, but as speech goes its rather vague to justify firing, don’t you think? Or is it just MAGA grandstanding?

2. Speaking of grandstanding, former child star and #MeToo activist Alyssa Milano decided to make a public spectacle of having her breast implants removed. The 52-year-old shared an Instagram photo of herself in a hospital gown, and explained why she’s undergoing the removal process. “Today I’m releasing those false narratives, the parts of me that were never actually parts of me,” she wrote “I’m letting go of the body that was sexualized, that was abused, that I believed was necessary for me to be attractive; to be loved; to be successful; to be happy.” Translation: “I haven’t worked in years, and the implants weren’t doing me any good, so my publicist thought I could get some interviews and podcasts by making a big deal out of getting rid of the things.” Is she also eschewing make-up, hair extensions, false eyelashes, tooth implants, botox and other parts of her that were never actually parts of her? Those implants did their job (they got her the role of “Long Island Lolita” Amy Fisher once upon a time), but now that they have outlived their usefulness, she’s kicking them on their way out. Seems mighty ungrateful to me! Aging, desperate celebrities and attention addicts are a tragic group….

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Oh-Oh. Here Come the Robo-Judges…

/ Jack Marshall / 6 Comments

Google “AI judges” and you will see many links to news articles and even scholarly treatises about the use of artificial intelligence in the judiciary. There are already bots trained as “judicial opinion drafting tools,” and manuals written to help judges master them.

There have already been incidents where judicial opinions have been flagged as having tell-tale signs of robo-judging, and at least two judges have admitted to using AI to prepare their opinions.

I hate to appear to be a full-fledged Luddite, but I am inclined to take a hard line on this question. The title “judge” implies judgment. Judgement is a skill developed over a lifetime, and is the product of upbringing, education, study, observation, trial and error, personality, proclivities and experience. Every individual’s judgement is different, and in the law, this fact tends to imbue the law with the so-called “wisdom of crowds.” There will be so many eccentric or individual analyses of the troublesome, gray area issues that cumulatively there develops a learned consensus. That is how the law has always evolved. In matters of the law and ethics, an area judges also must often explore, diversity is an invaluable ingredient. So is humanity.

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Tales of The Great Stupid: Race-baiting Serena Williams Shows “Why We Can’t Have Nice Things” Like Harmonious Race Relations

/ Jack Marshall / 12 Comments

Why in the world would Serena Williams, of all people, think it is necessary or appropriate to engage in public race-baiting? The woman is rich and famous, and became a national idol playing a sport that has an overwhelmingly white fan base. Never mind: Serena was triggered when she encountered a decorative cotton plant (reportedly fake) in an un-named luxury hotel. The retired women’s tennis legend, now 43, took a video of the vase holding a cotton plant on a table in the hallway, and asked her Instagram followers, “Alright, everyone. How do we feel about cotton as decoration? Personally for me, it doesn’t feel great.”

Yeah, you’re right, Serena, the New York hotel placed a cotton plant in the hallway to slyly remind you that 150 years ago black slaves were forced to pick cotton in states hundreds of miles away. I think you should organize a boycott and start a protest organization called Cotton Plants Matter.

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Ethics Dunces: The UN General Assembly Members Who Walked Out On Prime Minister Benjamin Netanyahu’s Address

/ Jack Marshall / 14 Comments

This one is easy, or I hope it is. I shouldn’t have to go into much detail about how most of the United Nations disgraced itself today, even by the lowered standards of its recent bottom-of-the-metaphorical-barrel ethical incoherence, by walking out of the hall just before Netanyahu began his speech.

Delegates didn’t walk out on Fidel Castro, who betrayed his nation and enslaved it after promising to be Cuba’s liberator. They didn’t walk out on Nikita Khrushchev, who was a significant architect of The Great Purge under Stalin that murdered between 700,000 and 1.2 million people. The United Nations has defended, supported and honored dozens of depots, dictators and mass killers, but its members chose the freely elected leader of the only democracy in the perpetually violent and messed-up Middle East—which the U.N. is primarily responsible for messing up in the first place—to show such symbolic contempt, disrespect and stupidity. As Netanyahu said in the clear and persuasive speech that followed this insult, the gesture supported terrorism, giving Hamas reason to believe the horrific sneak terrorist attack in 2023 was a diplomatic success, in addition to killing innocent Jews, the Palestinian national pastime.

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James Comey Is Indicted. I’d Love to Say “Good,” But I Can’t

/ Jack Marshall / 10 Comments

There is evidence that former FBI director James Comey leaked information to a third party to ensure that it reached the news media—a legal breach—and lied to Congress. Is it strong enough to meet a beyond a reasonable doubt threshold? Maybe not.

He is still an ethics villain. Comey managed to make hash out of the 2016 election, first refusing to charge Hillary Clinton for a crime that he—falsely—claimed other, lesser officials had never been charged with, and then tried to make up for handing Hillary a “Get out of the negative headlines free” card by opening a new investigation even closer to the election sparked by the appearance of some of Hillary’s emails on her assistant’s boyfriend’s computer. Comey was the epitome of the “Deep State” embedded foe of President Trump—you will recall that he recently approved of the legend 8647, as in “Kill President Trump,” in a social media post. A a fan of ethical government and democracy, I am not sorry to see some adverse consequences coming Comey’s way. As a legal ethicist, I am dubious about the indictment.

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Yes, It’s Another Open Forum…

/ Jack Marshall / 30 Comments

The second in three days. I wrestled over whether to skip the regular Friday Forum, having launched an emergency Wednesday forum just days before. I decided to keep on schedule because 1) a lot is happening in the Wonderful World of Ethics right now and 2) the Emergency Forum has amassed a whopping 51 comments, and its my experience that may readers won’t take the time to drill down that deep, though they miss a lot of excellent commentary as a result.

So open forum away, I say with tongue in cheek, since I hate hate hate the current fad of turning nouns into verbs (“Let’s movie!”).

Ethics Quote of the Month: SCOTUS Justice Clarence Thomas

/ Jack Marshall / 11 Comments

“If it’s totally stupid, you don’t go along with it…”

—Supreme Court Justice Clarence Thomas, in comments at Catholic University in Washington, D.C., as he explained why he thinks the traditional reverence for Supreme Court precedent (stare decisis) makes neither legal nor logical sense

In discussions with some of my more fair and rational progressive lawyer friends about the Dobbs decision overturning Roe v. Wade, several of them admitted that Roe was a terrible opinion, badly reasoned and sloppily written. This has been the consensus of most honest legal analysts since the 1970s, but never mind, Roe declared the right to kill unborn children for any reason whatsoever a right, so for abortion-loving feminists and their allies (including men addicted to promiscuous sex without responsibility), Roe was a “good” decision. But my colleagues who knew it was not just a poor decision but a terrible one condemned anyway, because, they said, it violated stare decisis, the hoary principle that the Supreme Court should eschew over-turning previous SCOTUS decisions even if they were outdated or clearly wrong, in the interests of legal stability, preserving the integrity of the Court and insulating the institution from the shifting winds of political power.

Like many principles, that one sounds better in the abstract than it works in reality, and Roe is as good an example as one could find short of Dred Scott. Roe warped the culture and turned living human beings into mere inconveniences whose lives could be erased at whim. How many millions of human beings don’t exist today because of the ideological boot-strapping logic of that decision, which bizarrely equated the right to contraception to the right to kill the unborn?

Reverence of bad decisions as beyond reversal is also a handy political weapon: as several wags have noted, stare decisus is mandatory when the precedent at issue is progressive cant (like Roe), but when the Left passionately believes a SCOTUS decision was wrongly decided, it’s time for an “exception” to stare decisus. In his recent appearance at D.C.’s Catholic University, where he taught at the law school until protesters against Dobbs in his classes forced him to stop, Justice Thomas pointed to Brown v. Bd. of Education, the landmark decision that overturned a well-established Court precedent holding that “separate but equal” was a principle that allowed segregation in the public schools as he neatly eviscerated the intellectually dishonest position that SCOTUS precedent must be sacred.

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Mets Announcer Gary Cohen Was Right and Cubs Rookie Matt Shaw Is…What, Exactly? And What Am I?

/ Jack Marshall / 19 Comments

Chicago Cubs rookie third baseman Matt Shaw skipped the Cubs’ game against the Reds on Sunday after receiving a call from Charley Kirk’s widow. Instead, the player attended the memorial event for the assassinated activist at State Farm Stadium in Arizona. Shaw is not just a Kirk admirer: Shaw had something of a personal relationship with Kirk that he described as important to him, though they were not close friends.

During Tuesday’s Mets-Cubs game at Wrigley Field, game, Mets play-by-play announcer Gary Cohen said, “Shaw had Cubs world in a tizzy this weekend when he was not here for the Cubs game with the Reds — a game they lost (1-0) and in which his lack of presence was felt. It was later revealed that he had been given permission to attend Charlie Kirk’s funeral.”

Cohen added, “I don’t want to talk about any of the politics of it, but the thought of leaving your team in the middle of a race for any reason other than a family emergency really strikes me as weird.”

Naturally, Kirk-worshiping Mets fans erupted on social media, with some pledging to boycott any games announced by Cohen and others insisting that he be fired. Now, Cohen didn’t say anything negative about Charley Kirk at all. Moreover, he was 100% right. It is very weird, although weird would not be my word for it. Skipping an important game in the waning days of a baseball season when your team seeks your services is selfish and unprofessional. Shaw is a rookie and “only” makes the MLB minimum of $760,000; nonetheless, that salary commits him to being available to play if he is healthy. This wasn’t his wife giving birth or a desperately sick child or the death of a parent—the MLB Players’ Union bargained for special leave for such events.

Some wags have pointed out that the rookie is hardly a star: he’s about a league average hitter, though his fielding at third is outstanding. That misses the point. He was obligated to play baseball, not to go to a memorial ceremony. An actress bailed on an ethics program she was supposed to assist me on, with almost no notice, because her grandmother died. ProEthics, as in me, blackballed her after that, and I told her not to bother auditioning for any professional shows in the D.C. area I directed. Woody Allen said that 80% of success is just showing up, and I couldn’t trust this alleged professional to do that.

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The Trump-Epstein Statue Mini-Ethics Train Wreck

/ Jack Marshall / 8 Comments

[Before I return to my own blog after circumstances beyond my control left me unable to post for most of yesterday, I want to thank the EA commentariate for coming through with a stellar performance on yesterday’s emergency Open Forum. I expected nothing less, but the range of posts and topics was dazzling.]

I missed the Mall statute controversy until this morning. Here is the statue, which was only on display for a day before the National Park Service took it down:

Nice.

A permit for the thing was approved on September 16, and originally authorized the disparaging statue to remain on display at the National Mall until 8 p.m. ET this coming Sunday. A plaque beneath the bronze figures of the late convicted pedophile and sex trafficker and the President of the United States read: “In honor of friendship month, we celebrate the long-lasting bond between President Donald J. Trump and his ‘closest friend’ Jeffrey Epstein,” followed by a silhouette of two hands making a heart shape. The stated purpose of the artwork was “to demonstrate freedom of speech and artistic expression using political imagery.” That was deceit. The purpose of the statue was to promote the desperate Axis talking point that President Trump was involved in Epstein’s criminal activities, of which there is no evidence whatsoever and has never been any evidence.

Again, nice.

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Sunrise Open Forum & a Few Topics To Consider [Expanded]

/ Jack Marshall / 51 Comments

I’m in Richmond, preparing to do a 3 hour legal ethics CLE seminar for one of my last remaining live presentation clients since the stupid Wuhan virus lockdown ruined my business, along with oh, so much else. (Thanks, CDC! Thanks, teachers! Thanks, Democrats! Thanks, “science.” Thanks, fear-mongering news media! Assholes….) I barely have time to wake up after a long drive in the wee hours last night from Alexandria, so I’m going to have to rely on you, dear readers, to keep things lively while I am otherwise occupied.

One thing to look forward to:EA will launch a new regular column authored by our alien philosopher, Extradimensional Cephalopod! We have had two other attempts at a regular column to inject diverse (ooo, that word!) ideas and opinions here beyond the guest posts and Comments of the Day, both evaporating for various reasons, in the case of the most recent contributor, incipient insanity. “Curmie’s” Trump Derangement proceeds apace: in his latest post, he declares that “There is no such thing as free speech if a state employee can be fired for saying something someone in power finds distasteful.” This is nonsense, as the Curmie I knew would have quickly pointed out. “Distasteful” is a deliberately and deceitfully vague term: any 12-year-old could probably imagine dozens of “distasteful” comments that a government employer could justifiably decide are intolerable from an employee. The courts agree, you know.

In other news, France and other U.S. allies decided to make terrorism great again, rewarding Hamas for its October 7 attack on Israel by “recognizing” the non-existent Palestinian state. President Trump correctly excoriated those nations at the U.N.

Meanwhile, in more important news, Major League Baseball announced that the new robo-strike calling system will indeed be instituted next season. It’s about damn time. In the game I listened to on the way to Richmond (Boston defeated Toronto, 4-1), the announcers admitted that the home plate umpire was missing calls all through the game. “Well, that pitch was well off the plate, but that’s how he’s been calling strikes all night!” Boy am I sick of that.

Finally, a “The Unabomber was right” note. My new Apple smartphone wouldn’t allow me to set an alarm for this morning as insurance against the hotel skipping my wake-up call until I signed up for its “health app,” which took 8 screens, and ended up telling me that I shouldn’t get up when I wanted to.

Well, wish me luck. I have about 150 Virginia lawyers to make ethical this morning, only 14 of them in person. %$#@!& lockdown….

Added: Oh, I forgot: Disney relented and let Jimmy Kimmel back on the air last night. Oh, so what? If ABC wants to have a late night show hosted by a not-too-bright, occasionally funny, progressive scold lose money, that’s their choice. The President should shut up about it; he just gives Kimmel significance and attention that his meager talent doesn’t justify. And threatening ABC for its broadcast content is beyond stupid, as well as unconstitutional. Trump’s thin skin regarding criticism is a serious weakness, but as with the others, he appears incapable of ameliorating it.