Author: Jack Marshall

Vermont Crosses The Line: When Government Is Cavalier About Restricting Our Liberty, It’s Time To Push Back

/ Jack Marshall / 5 Comments

Right wing pundit Sarah Hoyt has been at the forefront of those arguing that it would be better and safer to accept the risk  of more deaths from the Wuhan virus than to allow state governments to behave like police states. So far, I have thought she was wrong and unduly paranoid, but Vermont’s latest action has me agreeing with her response, which was, “I’M SORRY. ARE THE PEOPLE OF VERMONT ALL OUT OF MIDDLE FINGERS?”

From the Burlington Free-Press (Bernie Sanders was once mayor of Burlington. That’s just something to keep in the back of your mind, as this episode suggests the slow but deadly spread of the Totalitarian Left Virus, which may eventually need to be called “the Burlington Virus”):

Large Vermont retailers such as Target, Walmart and Costco are now required to limit the sales of non-essential items in order to mitigate the spread of COVID-19. The directive was announced by the Agency of Commerce and Community Development on Tuesday. The agency hopes it will reduce the overall number of people going into stores to purchase items such as clothing, electronics and toys during the state’s “Stay Home, Stay Safe” executive order.

“Large ‘big box’ retailers generate significant shopping traffic by virtue of their size and the variety of goods offered in a single location,” said Lindsay Kurrle, secretary of the Agency of Commerce and Community Development in a news release.  “This volume of shopping traffic significantly increases the risk of further spread of this dangerous virus to Vermonters and the viability of Vermont’s health care system.”

Retailers are being asked to promote online ordering, delivery and curbside pickup to customers….

The order is here. Continue reading →

Pandemic Ethics Dilemma: The Universities And Colleges Need To Keep Their Students’ Money, But They Are No Longer Earning It.

/ Jack Marshall / 20 Comments

A class action lawsuit has been filed against the Arizona Board of Regents, the governing board for Arizona’s three public universities, because the three schools have refused to refund room, board and campus fees to students who were told to leave campus because of the Wuhan virus. Like virtually all US colleges and universities, Arizona State University, University of Arizona and Northern Arizona University, moved their classes online  for the remainder of the Spring  semester. Students who lived on-campus were either told to move out or encouraged to do so. Yet, the  lawsuit says, the Arizona Board of Regents has refused to offer refunds for the unused portion of the students’ room and board and their campus fees. The lawsuit seeks payment of the prorated, unused amounts of room and board and fees that the class members paid but were unable to use.

How can the schools maintain that it is ethical for them to do this? I understand that having to refund the money will be disastrous for them, but they are literally keeping advance payments for services that the schools will no longer provide. I expect to see more such suits, and on the basis of law, equity, ethics and common sense, I don’t see how the institutions can prevail in them. Continue reading →

Comment Of The Day: “Mid-Day Ethics Stimulus, 3/31/2020: Dunces, Heroes, Hacks And More”

/ Jack Marshall / 3 Comments

Veteran commenter Michael  Erjecito’s comment on another post about the pandemic included the line, “When this emergency ends, we will give back all powers, without exception.” Chris Marschner used that statement as his departure point in this Comment of the Day on a separate EA post, Item #4 under the title above, which involved Governor Ralph Northam’s “order” restricting the freedoms of  Virginians. Since I had started a post on the topic of draconian government restrictions that are Constitutionally questionable, I was grateful to see Chris had attacked it with his usual verve.

Here is Chris Marschner’s Comment of the Day on the post, “Mid-Day Ethics Stimulus, 3/31/2020: Dunces, Heroes, Hacks And More”:

I am beginning to believe this event is a government dress rehearsal for a much more draconian event later on. One must test the limits of what the public is willing to endure from governmental decrees lest we see the people charging the statehouses with torches and pitchforks.

Ok, enough of my melodrama. But the quote above is indicative of the risk of a different type of loss well after this virus disappears.

I keep hearing that Trump ignores science or that he relies on hunches and not data to make quality decisions. Well at 8 pm yesterday, Maryland Governor Larry Hogan (R) issued the stay at home order or face fines of $5,000 and/or a year in jail. In that decree, there is absolutely no mention as to the scientific data that he used to trigger the order and thus there is no data to indicate when he would lift the order.

 There is also no specific data-driven rationale for a Stay At Home order when all types of recreational activities are allowed as long as they are in groups of 10 or fewer. How exactly does the data suggest that grocery stores filled with hundreds of people crowding the aisles will cause less of a problem than a non-essential service like a mom and pop jewelry store or a scuba shop that usually have fewer than 10 people in it any given time? Why is it that the data supports Home Depot and Walmart being allowed to sell non-essential goods because they are allowed to stay open because they offer other essential goods such as repair items, food, and medicine but a comic book bike shop or video-store must shutter its business?

My point is that for all the claims that decisions are data driven I would wager most decisions are driven by political calculus not necessarily on epidemiological considerations.

Furthermore, if we are to use data to drive decisions, that data must be understood by all in order to ensure that the people subject to the restrictions imposed will know if the government is abusing its governing powers. The terms of these orders should spell out specifically the triggers that cause regulatory restrictions and when those restrictions MUST be rescinded; these restrictions cannot be open ended and without definition.

The only data that we hear is the 2.2 million deaths that could have occurred had nothing been done, and Dr. Fauci’s equivocating statement that maybe as many as 200,000 might die – but don’t hold him to that—and, the ongoing death watch clocks prominently displayed on all the network news shows and web search engines. We never hear why this decision is made or why we are not doing something that some believe might be helpful. Tell me: are the anti-malarial drugs something to be considered as a treatment or a prophylaxes; neither or both? I suppose drugs are worthwhile and can be used off label with some effectiveness so long as they are not suggested by Donald Trump.

We cannot use infection growth rates as growth rates as a trigger because they may be much higher initially with low absolute numbers. Going from 10 cases to 30 cases an increase of 20 cases is a 300% increase but going from 100 cases to 120 cases is only a 20% increase. Then the issue is where are the cases occurring? Should a county with few infections be subject to the same restrictions as a highly populated hot spot?

I do wish the media would stop confusing the public by switching between growth rates, absolute numbers and per capita values. When the press states that on a per capita basis the US lags other nations in testing, that suggests we are not doing enough even if we have tested three times the amount of others. Growth rates don’t mean beans if you don’t have a basis from which to measure. Growth rates and absolute values must be used in tandem to make them meaningful.

Many in the media and some within our commentariat believe there has been an abysmal failure at the federal level to adequately plan for such a pandemic. NO, the Governors and legislatures of the respective states have been an abysmal failure at preparing for such an emergency. In my state, Maryland, we have the Office of Emergency Preparedness.  (https://preparedness.health.maryland.gov/Pages/About.aspx)

How prepared is Maryland Governor Hogan?

On the Resources page there is not one mention of the Covid-19 virus under infectious threats. We are still mentioning Middle East Respiratory Syndrome (MERS), Ebola, and Zika but all is quiet on the Chinese Flu front.

Is the reference to MERS a bigoted and racist term? I did not consider the others to have racist connotations because how many Americans know Ebola is named after a river in the sub-Saharan Africa and the others after other places in Africa. Our governor seems to be at odds with his own departments. We are prepared for any eventuality according to our state team. They say so!

https://preparedness.health.maryland.gov/Pages/Resources.aspx:

IS THE DEPARTMENT OF HEALTH PREPARED? Yes! The Department of Health Office of Preparedness and Response prepares in a variety of ways:

• Maryland Influenza Plan and Pandemic Influenza Plan
• Pandemic influenza exercises for emergency personnel
• Partnering with local, state, federal, and private agencies to prepare for, prevent, and lessen the impact of a flu pandemic
• Maintaining a stockpile of antiviral medications and medical supplies ( WHERE ARE THEY?????)

From their web pages we find that their preparedness program is merely a funnel for federal funds.

The mission of the Hospital Preparedness Program is to support and enhance the ability of hospitals and health care systems to provide effective care and save lives during emergencies. The Office of Preparedness and Response receives annual federal funding to advance these goals and objectives. The Maryland Department of Health awards these funds in the form of grants to our health care system partners across the state (including hospitals, free-standing emergency departments, emergency medical services, community health centers, and home care and hospice agencies). Health care system partners utilize the Hospital Preparedness Program funds to enhance their ability to prepare for, respond to, and recover from emergencies that pose a threat to the health and safety of the community. Continue reading →

April Fools Free Zone Ethics Warm-Up: Everything You Read Here Is Real, Unfortunately.

/ Jack Marshall / 41 Comments

Happy Day Like Any Other Day.

Well, not “happy,” exactly…

I’m on record on Ethics Alarms as detesting April Fools Day, as well as regarding April Fools stunts by professionals, like lawyers and journalists, unethical though usually not sanctionable. It should be a children’s day, like Halloween, but adults are determined to co-opt all such days, ruining it for everybody.

1. I lost a good friend yesterday. It’s more than that really: the human race lost one of its finest representatives. His name was Dennis Nollette; he was a lawyer, a writer and a bon vivant, but most of he was one of those amazing people who made you feel good just by being around him. I knew him in laws school, where he was my room mate for a year; he also was a member of the casts of the three productions I staged when I was a student. Since graduation, I think I saw Dennis six times, never for long, but with him it seemed like the time melted away: he was always the same, always emitting his powerful positive energy, optimism, and love for those around him, and I always felt as close to him as ever.

And just like that, he’s gone. There was no warning; it all happened so fast. All I have now is an overwhelming feeling of loss, along with an acknowledgment of my duty to let as many people as possible know that he was here, that he made the world a better place by being here, and that those of us who remains should follow his example by making the best out of life, and encouraging others to do the same by our example. That was Dennis’s genius, and attention must be paid.

2. Maybe the Constitution IS a suicide pact…Justice Robert H. Jackson’s  famous line in his dissenting opinion in Terminiello v. Chicago, a 1949 free speech case, has come to mind many times in the past few weeks, as the news media and online sources have churned out some of the most irresponsible and outrageous essays in memory, many of them about how this period will “change America forever,” usually in undesirable ways.  90% of these screeds are nonsense and based on flawed reasoning. My current leader for the worst idea is this piece, by conservative gadfly Roger Simon: “Should We Postpone the Presidential Election One Year?”

It’s an incompetent question. Not only shouldn’t we, we can’t, and any suggestion from Republicans that we ought to even think about it would be instantly condemned as the attempted dictatorship by Donald Trump that Big Lie #3 has warned us about.  We also know that if the President did get an extra year, it would spent all of it defending himself against one impeachment attempt after another. Continue reading →

Having Previously Concentrated Only On Idiotic Reasons Not To Call The Contagion By The Name It Deserves, The Deranged Settle On A Vile And Unethical One

/ Jack Marshall / 14 Comments

I have managed to post twice about the name game, and the ridiculous effort to find some way to justify not identifying the Wuhan virus by its place of origin, a campaign led by, naturally enough, its place of origin. The first post focused on the idea that calling a Chinese virus a Chinese virus was “racist,” a concept so devoid of reason and logic that it made my brain hurt.

The fact that the concept was enthusiastically embraced by such proven blights on the political scene as Rep. Omar was  one major clue that  dastardly motives were involved. This was a pretty much flat out resort to Big Lie #4 in the “resistance” Big Lie tool box, that one being “Trump is a racist/ white supremacist.” It was a short post, because there was no legitimate argument to rebut. Continue reading →

KABOOM! How Does Someone This Ignorant Of The Law Rise To This Level Of Law Enforcement?

/ Jack Marshall / 19 Comments

Oh, fine. I get up, still groggy, from a perfectly lovely nap, my defenses are down, I’m still savoring that dream where Mookie Betts, Chester A. Arthur and Danny Kaye drop by with some macaroons, and what is the first thing I read?

This–and

KA-BOOM!

There goes my head, all over my office and this transcript I have to read in ten minute increments because it’s so boring. Oh, thank you, thank you so much, City of Seattle and your  ridiculous Chief of Police, Carmen Best! Continue reading →

Mid-Day Ethics Stimulus, 3/31/2020: Dunces, Heroes, Hacks And More

/ Jack Marshall / 27 Comments

I’m stimulated!

And you?

1. Maybe not the wisest move, but ethical… Rep. Tim Burchett (R-Tenn) shared  his cell phone number on Twitter for anyone who needed to discuss their fears about the impact of the Wuhan virus. “If [you’re] feeling overwhelmed or scared and just want to talk to somebody give me a call,”  said. “We will get through this together.”

He added, “I know everybody’s under a lot of pressure with what’s going on with the Coronavirus. If you’re feeling all that pressure and it’s getting to you…I know in the last little bit here we’ve had nine people in our community taking their life. That’s a horrible, horrible thing, somebody taking their own life. If you feel like you’re going to hurt yourself or maybe hurt somebody around you, why don’t ya’ll just call me. Let’s talk.”

2.  I know this is an unpopular position, but it’s not the first time I’ve explained it. CNN’s Brooke Baldwin was overcome with emotion as  she interviewed a woman who’ had been unable to say goodbye to her mother in person before she died of the Wuhan Virus. Baldwin is an unprofessional hack. In recent years, alleged professional journalists, especially on CNN, have allowed their emotions to influence their reporting. This results in a form of editorializing, and the practice demonstrates how much today’s journalists see themselves as performers rather than objective communicators of information.

Admittedly, this kind of interview is designed to bring out the Kleenex,  but CNN lets its hosts display grief when a favorite candidate loses (like Hillary Clinton), glee, when a figure they don’t like is abused (Carol Costello chuckling at a recording of Sarah Palin’s daughter breaking down)  or anger when a political figure  doesn’t toe the progressive line. (Don Lemon, more or less constantly.) It’s hackery.

3. And today’s Covidiot is...Pastor Rodney Howard-Browne of The River Church in Tampa, a so-called “mega church” that held a service over the weekend in which over a thousand worshipers  were “squeezed in like sardines,” as one reporter described it. Howard-Browne had said that he would defy the restrictions imposed by the state and county to stem the threat of the  worldwide pandemic. “We are not stopping anything. I’ve got news for you, this church will never close. The only time the church will close is when the Rapture is taking place,” the reverend said.

Following the service, a warrant for his arrest was issued. He is now in custody.

4.  Hmmmm...Here are Governor Ralph Northam’s exceptions to his “order” regarding the stay-at-home restrictions in Virginia:

a. Obtaining food, beverages, goods, or services as permitted in Executive
Order 53;

b. Seeking medical attention, essential social services, governmental
services, assistance from law enforcement, or emergency services;

c. Taking care of other individuals, animals, or visiting the home of a family
member;

d. Traveling required by court order or to facilitate child custody, visitation,
or child care;

e. Engaging in outdoor activity, including exercise, provided individuals
comply with social distancing requirements;

f. Traveling to and from one’s residence, place of worship, or work;

g. Traveling to and from an educational institution;

h. Volunteering with organizations that provide charitable or social services; and

i. Leaving one’s residence due to a reasonable fear for health or safety, at the direction of law enforcement, or at the direction of another government agency.

Aside from the fact that some of this would be vulnerable to constitutional challenges—those will come later—why is traveling to and from churches permitted, if church services are per se prohibited? Why is traveling to and from schools an exception, if all schools have been ordered to close? Why is visiting a relative permitted, but not a close friend? A best friend? Your only friend? Do only blood relatives count? In-laws? Seventh cousins twice removed?

The order seems arbitrary and hastily composed. Laws that infringe on civil rights cannot afford to be like that, if they want to withstand eventual court challenges, or even if they just want to be coherent.

5. Ugh. Mike Lindell, the My Pillow infomercial hustler whose TV ads have been banned at my house, was a guest at the White House Task Force press briefing yesterday.  He explained that his company was  devoting 75% of its manufacturing capacity into making face masks. Then he asked if he could add something, and President Trump said “Okay.”

Well, what choice did he have? The guy has volunteered to do a public service. He has cultivated the image of a nice person. If the President had said, “No, Mike. Sorry. We’re moving on,” he would have looked ungrateful. However that is exactly what Trump should have said. It’s not worth the risk.

Embodying a worst case scenario, Lindell said,

God gave us grace on November 8th, 2016, to change the course we were on. God had been taken out of our schools and lives. A nation had turned its back on God. And I encourage you: Use this time at home to get — home to get back in the Word, read our Bibles, and spend time with our families. Our President gave us so much hope where, just a few short months ago, we had the best economy, the lowest unemployment, and wages going up. It was amazing. With our great President, Vice President, and this administration and all the great people in this country praying daily, we will get through this and get back to a place that’s stronger and safer than ever.

Ethics foul. It was not Lindell’s place to engage in religious grandstanding and a political endoresment, however sincere it might be. This wasn’t a political rally, nor a time for religious proselytizing. It also, once again, painted a target on the President, who responded,

That’s very nice. Thank you very much. Thank you, Mike. Appreciate it…. I did not know he was going to do that, but he’s a friend of mine, and I do appreciate it. Thank you, Mike, very much.

At that point, I don’t know what else he could say.