“bias makes you stupid”

OK, “Jane Doe” Was A Lying, Venal, Fick. It Doesn’t Make Abortion Any More Or Less Ethical

/ Jack Marshall / 12 Comments

In the final 20 minutes of the documentary “AKA Jane Roe,” “Roe,” whose real name was Norma McCorvey, reveals that when she converted to an anti-abortion, born-again ex-gay Christian with the help of leaders of the evangelical Christian right, she was scamming them, us, everybody. Before that stunning reversal, she had been at the center the landmark Roe v. Wade decision, in which the U.S. Supreme court declared that the right to have an abortion was protected by the U.S. Constitution.

“This is my deathbed confession,” she says in the film, sitting in a chair, on oxygen, in her nursing home room , quite evidently pleased with herself. She is asked , “Did [the evangelicals] use you as a trophy?” “Of course,” she replies. “I was the Big Fish.”

“Do you think you would say that you used them?” “Well,” says McCorvey, “I think it was a mutual thing. I took their money and they took me out in front of the cameras and told me what to say. That’s what I’d say.” She even gives an example of her scripted anti-abortion lines. “I’m a good actress,” she points out. “Of course, I’m not acting now.”

Of course.

McCorvey isn’t the first litigant in ground-breaking jurisprudence to change her mind. William J. Murray, the atheist son of activist Madeline Murray O’Hair, who used his complaint about being forced to pray in school to launch the litigation that eventually  got all school prayer in public schools banned as unconstitutional, later became an ardent Christian. This always leads opponents of the decision to respond with “See? SEE?” Continue reading →

Morning Ethics Warm-Up, 5/19/2020: They Can’t Handle The Truth

/ Jack Marshall / 29 Comments

You want warm? I’ll give you warm!

1. That candidacy flamed out quickly! A movement seemed to be underway to have New York governor Andrew Cuomo replace doddering Joe Biden as the Democratic Presidential nominee when his press briefings regarding his state’s handling of the pandemic seemed so much clearer and straightforward than President Trump’s. (Not exactly a high bar, that.) Then the actual consequences of his leadership became apparent. Cuomo had issued a directive on March 25 requiring nursing facilities to accept patients recovering from the Wuhan virus,  and the policy, as many health experts predicted at the time, was a disaster. More than 5,400 New Yorkers have died in nursing facilities from the virus, forcing Cuomo to withdraw his directive last week. Then New York officials admitted to miscounting nursing home Wuhan virus deaths by only counting residents who died from the disease in the facility itself , intentionally omitting the deaths of residents who died after being transferred to a hospital.

The other problem for Cuomo when he was suddenly thrust into the limelight is that the man is an arrogant jerk who can’t seem to hide it, though the news media usually labors mightily to help him try. Over the weekend, however, a reporter asked Cuomo, “Governor, what would you say to families who have suffered losses inside nursing homes? They’re looking for accountability, and they’d like to see justice.”

Imagine the uproar if Donald Trump had given Cuomo’s answer, which ended with a shrug:

Older people, vulnerable people are going to die from this virus. That is going to happen despite whatever you do. Because with all our progress as a society, we can’t keep everyone alive. Despite what everything you do and older people are more vulnerable. And that is a fact. And that is not going to change.

Oh, I think it matters what you do, Governor. For example, deliberately placing people with a highly contagious disease in a crowded facility filled with the kind of people most at risk of dying from the virus pretty much ensures that more of those vulnerable people will die than would have otherwise. Continue reading →

Monday Morning Ethics Eye-Opener, 5/18/2020: Shopping Carts, Stupid Cabinet Member Tricks, And More [CORRECTED]

/ Jack Marshall / 23 Comments

Ready?

Many readers have been sending in suggested post ideas, which is especially appreciated since the news media seems to have decided that only pandemic-related matters, Democratic Party-boosting  and Trump-bashing are worthy of prominent coverage. Let’s look at today’s Times front page—one, two—out of six stories, only one, at the bottom of the page, isn’t in one of these three categories.

I’ve also been receiving much appreciated help fixing typos. Thanks. Sometimes I find my own mistake, like noticing this morning that Glenn Logan’s excellent Comment of the Day from the weekend somehow got posted without a headline or a tag mentioning that it was the Comment of the Day.

1. Is State Secretary Mike Pompeo  really as irresponsible, reckless and arrogant as it appears?  The firing of Inspector General Steve Linick is causing “firestorm” #81,753 of the Trump administration because he was reportedly investigating the Secretary of State’ss alleged misuse of taxpayer-funded assets for personal rather than professional purposes. Last summer, members of Congress looked at a whistle-blower complaint accusing Pompeo of asking diplomatic security agents to run errands like picking up restaurant takeout meals and retrieving the family dog from a groomer. In October, a Democratic senator called for a special counsel to investigate his use of State Department aircraft and funds for frequent visits to Kansas, his home.

More than one Trump Cabinet official has had to leave because of this stuff. Anyone working for President Trump has to know that they are under special scrutiny because a whole political party and the news media is searching for any means possible to weaken Trump’s Presidency, throw monkey wrenches into its work, and further undermine public trust. What Pompeo is accused of is petty abuse of power and position, but it is still abuse, and also arrogant rich guy-entitled, “Mad Men” style  self-indulgence. Pompeo knows it’s wrong, and also knows he’s a target. If the allegations are true, it is really stupid for him to do this, and also stupid for the President not to have announced a no-tolerance policy about this kind of conduct months, heck, years, ago.

2. An ethics analysis I had never heard of before: “The Shopping Cart Theory.” [Pointer: valkygrrl] Continue reading →

Ethics Quote Of The Month: Matt Taibbi, “Rolling Stone” Columnist

/ Jack Marshall / 15 Comments

“I can understand not caring about the plight of Michael Flynn, but cases like this have turned erstwhile liberals – people who just a decade ago were marching in the streets over the civil liberties implications of Cheney’s War on Terror apparatus – into defenders of the spy state. Politicians and pundits across the last four years have rolled their eyes at attorney-client privilege, the presumption of innocence, the right to face one’s accuser, the right to counsel and a host of other issues, regularly denouncing civil rights worries as red-herring excuses for Trumpism.”

—Progressive “Rolling Stone” columnist Matt Taibbi, in “Democrats Have Abandoned Civil Liberties: The Blue Party’s Trump-era Embrace of Authoritarianism Isn’t Just Wrong, it’s a Fatal Political Mistake”

I’m not highlighting Taibbi’s excellent essay as an appeal to authority, not at all. I’ve written about the situation he’s bemoaning for more than three years, and I’ve made my case. (Check the “Totalitarianism” tag—Taibbi should be using that term rather than “authoritarianism.”)  I don’t need Matt Taibbi to prove my analysis correct. I’m calling attention to his essay because it’s a relief: so many people have told me that I am a Fox News, Trumper zombie for pointing out what should be screamingly apparent. For years I have been reading fevered warnings that the President was a dangerous authoritarian endangering democracy, when it seemed apparent that the party those critics supported were presenting the real threat by undermining our institutions and ignoring both the Constitution and the law.  I was beginning to doubt my sanity, just like Ingrid Bergman in “Gaslight.” Only a handful of analysts with courage and integrity—Professors Turley, Dershowitz, Jacobson and Althouse; journalist Glenn Greenwald, a few liberal pundits like Taibbi and Andrew Sullivan (sometimes) kept me from self-commitment.

More from Taibbi, on Michael Flynn:

Warrantless surveillance, multiple illegal leaks of classified information, a false statements charge constructed on the razor’s edge of Miranda, and the use of never-produced, secret counterintelligence evidence in a domestic criminal proceeding – this is the “rule of law” we’re being asked to cheer.

Russiagate cases were often two-level offenses: factually bogus or exaggerated, but also indicative of authoritarian practices. Democrats and Democrat-friendly pundits in the last four years have been consistently unable to register objections on either front.

Flynn’s case fit the pattern. We were told his plea was just the “tip of the iceberg” that would “take the trail of Russian collusion” to the “center of the plot,” i.e. Trump. It turned out he had no deeper story to tell. In fact, none of the people prosecutors tossed in jail to get at the Russian “plot” – some little more than bystanders – had anything to share.

Nah, there’s no mainstream media bias. Continue reading →

Cemetery Ethics: The German POW Gravestones.

/ Jack Marshall / 27 Comments

If you encountered that gravestone in a cemetery, would it move you to file a protest? Or to start an advocacy group dedicated to having the marker removed or taken down?

There are two such  gravestones marking the resting places of German prisoners of war in Fort Sam Houston National Cemetery in San Antonio, and another one is in Fort Douglas Post Cemetery in Salt Lake City. They are located among the graves of American veterans, some of whom fought against Germany in World War II. A retired colonel visiting his Jewish grandfather’s grave at the Texas cemetery saw one of the markers with the swastika symbol,  and his complaint moved  the Military Religious Freedom Foundation, which obviously does not have enough on its plate, to demand that the Veterans Administration “do something.”

Apparently in the throes of a strong attack of common sense and possessing functioning ethics alarms, the VA’s National Cemetery Administration has responded to the protest  by stating that it “will continue to preserve these headstones, like every past administration has. All of the headstones date back to the 1940s, when the Army approved the inscriptions in question.”

Mike Weinstein, the founder of the MRFF and a former Air Force officer, deeply feels the pain of having to allow buried soldiers have the emblems of the nations they fought for on their headstones, and is apoplectic about the decision.  “It’s intolerable,”  he said. “This should not require explaining why this is wrong.”

Baseball writer Bill James once wrote that when someone says that that their proposition shouldn’t require explaining, it usually means that they have no valid arguments.

“But..but…” Wienstein sputters, if you translate the German phrase on the the headstones, they read, “HE DIED FAR FROM HOME FOR FUHRER, PEOPLE AND FATHERLAND”! I know I always enjoy translating the foreign languages on headstones over the graves of strangers just in case I can find them offensive. Continue reading →

Mystery Solved! Now We Know What The ACLU Has Been Doing While State Governments Were infringing On Basic Civil Rights

/ Jack Marshall / 13 Comments

It was rotting.

The non-profit organization that is supposedly dedicated to protecting the rights of all Americans against government incursions, as the Bill of Rights holds in both letter and spirit, made no effort to protect the citizens whose liberties have been arbitrarily manacled by power-mad governor and mayors, though the pandemic over-reach seemed to be a perfect battleground for the once non-partisan and idealistic group.

However, once Secretary of Education Betsy DeVos spearheaded a much-needed revision of Title IX designed to protect the due process rights of male students accused of sexual misconduct on campus, the ACLU sprung into action—to try to block her.

It is hard for me to imagine how any objective reader could  peruse the revised federal guidelines on how sexual assault allegations should be handled on college and K-12 campuses and conclude that they are hostile to the Bill of Rights in any way. Nevertheless, the  federal lawsuit filed yesterday, with the backing of the ACLU, claims  the changes would “inflict significant harm” on victims and “dramatically undermine” the civil rights of accusers—you know, those women who must be believed when they want men to be punished.

The suit was filed on behalf of four advocacy groups for such women, including Know Your IX and Girls for Gender Equity. The objective is to block the Education Department’s fixes, made necessary by the Obama Education Department’s unethical “Dear Colleague” letter that threatened universities with the loss of funds and other sanctions if they didn’t make it easier for women to get male students kicked out of school in she said/he said disputes.  The  reform regulations will go into effect by August 14 unless they are rejected by the courts.

The rules championed by DeVos  bolster  the due process rights of those accused of sexual assault and harassment, allowing for live hearings and cross-examinations.

The suit, filed in U.S. District Court in Maryland by the American Civil Liberties Union and the New York-based law firm Stroock & Stroock & Lavan LLP, is Orwellian. “This new federal effort to weaken Title IX makes it more difficult for victims of sexual harassment or sexual assault to continue their educations and needlessly comes amid a global pandemic.”

What does the pandemic have to do with anything? I guess it’s because the ACLU had a retreat or something and decided that the Wuhan virus  suspended civil liberties. Says Yahoo!, Continue reading →

Quick Notes, And An Open Forum

/ Jack Marshall / 54 Comments

Before opening discussion up to the floor (I’ve got a bunch of deadlines to meet today), a couple of brief notes:

  • Ed Whelan nicely shreds a ridiculous letter from Senator Sheldon Whitehouse that I was going to take on myself before I saw his excellent job.
  • Earlier I wrote about the case of Aimee Stephens, now pending in the Supreme Court, whose employer fired her because she was transitioning to female and used the pretense that she was refusing to wear gender-appropriate garb. She just died before any ruling, but I assume this won’t render her case, or the issue, moot.
  • I will be writing about the ethical significance regarding the release of the “unmasking” list as soon as I figure it out. At very least, the list seems to show that several Obama officials, notably Joe Biden, have been lying.

And now, you’re on your own.

Morning Ethics Warm-Up, 5/14/2020: Only One Pandemic Note Out Of Five!

/ Jack Marshall / 6 Comments

Good morning!

I am disgusted with this brain-dead talking point: perhaps my most Trump Deranged Facebook friend posted a rant–at least he wrote his own this time rather than searching the web for the latest from established “resistance” pundits (Dana Milbank, Paul Krugman, Joe Scarborough, about a hundred others)—making the “point” that President Trump wasn’t “elected to do heart surgery,” so the argument that Dr. Fauci’s opinions on the Wuhan virus shouldn’t dictate policy because “he wasn’t elected” were foolish. How did people like my friend get this way? He is obviously amazingly receptive to Democrat-crafted narratives, and probably hypnosis as well, so I guess I should be glad he doesn’t think he’s a chicken.

We elect leaders to consider and weigh many opinions of advisers, experts and specialists in narrow fields to balance those among other considerations in deciding what is in the best long and short term interests of the nation. That’s why, among other reasons, the we have a civilian in charge of the armed services. This increasingly popular (and tiresome) claim from the Left that if the recommendations of scientist aren’t followed, it is proof of ignorance and recklessness is logically, historically and politically unsupportable. If it’s sincere rather than a partisan tactic, it is ignorant  as well.

Scientists aren’t accountable to the public for their opinions; if they are wrong, they just come up with new theories and conclusions.  Scientists and health care specialists also, as we have said here many times, operate within the tunnel vision and priorities of their own specialties. All Dr. Fauci focuses on is the likely (as they appear at any given point) health consequences of national policy. Economic, security, political consequences are not his concern, nor should they be. Arguing that his position on the best national policy must be accepted by the President is irresponsible as well as incompetent, and this is true without even considering the fact that Fauci and the “experts” have been repeatedly wrong about the pandemic already, as Senator Paul pointed out this week.

1.How sports teaches character. I am going to have to take two hours out of my day because the MLB channel, improvising like crazy to come up with programming without any baseball games to cover, is replaying the 1975 World Series between the Boston Red Sox and the Cincinnati Reds, best known for Game 6, when Carlton Fisk hit a walk-off home run in the 12th inning of arguably the most exciting World Series game ever played. I was at Game Six and two more in that seven game series (thanks to the generosity of my late law school friends and classmates Mitch and Myron Dale, whose father was then president of the Reds), but it was one I didn’t see in person, Game 4, that was the Ethics Game.

Red Sox pitcher Luis Tiant, with his team facing a daunting three games-to-one deficit if it lost, pitched a nerve-wracking, complete game 5-4 victory, protecting a one-run lead for most of it despite lacking his best stuff against the toughest line-up in baseball. Nearly every inning, the Reds had men on base and threatened to take the lead; over and over again Sox manager Darrell Johnson trudged out to the mound to replace Tiant, only to have his ace shake his head, insist that he would get the job done, and demand that his boss return to the dugout. TV closeups of the Cuban’s grim and sweat-covered face showed pure determination as he took the fate of the team on his own back fearlessly and without hesitation. Tiant, an old man in baseball years, threw over 180 pitches that night in the era before they counted pitches; today, starters are seldom allowed to throw more than 100. Even more than the famous Curt Schilling “bloody sock” game in 2004, that athletic performance epitomizes for me the ethical virtues of professionalism, honor, perseverance, accountability, fortitude, courage and sacrifice. I have pictured Luis Tiant’s face  many times since when I have been under pressure to succeed, or facing a challenge while not feeling at my best. Continue reading →

Ethics Warm-Up, 5/13/2020….Oh, So WHAT If It’s Morning Or Not? Who CARES? Who Cares About ANY Of It?

/ Jack Marshall / 36 Comments

1. I miss Ken. Ken White used to troll people who would ask him to post their sponsored content on Popehat. Now that he’s writing for The Atlantic, which morphed into a “resistance” organ and which I refuse to read on principle unless a particular screed is brought to my attention, I no longer get to chuckle at his nonsense mockery post about ponies and the rest. Now I’m getting this junk too. Faith Cormier writes,

I was visiting your website, ethicsalarms.com, and it had me wondering: do you accept outside submissions? If so, we’d love to create an original piece for you!Because it would include a totally natural reference to one of our clients, we’re prepared to pay you $100 for your time and effort. (Payments made through PayPal.) Shall we send you a draft, Jack? Alternatively, if you have any questions, please don’t hesitate to ask.

Yeah, I have a question, Faith. How could you read this blog, with the title “Ethics Alarms,” and make a proposal like that? “Totally natural reference” means a promotion, and that this would be deceptive marketing.  My integrity may have a price some day, but if it does, it will be a hell of a lot higher than a hundred bucks.

2. Ethics movie spoiler.  “Standoff,” is a 2016 film that critics mostly slammed because critics don’t understand ethics movies. A hit man (Lawrence Fishburne) who is chasing a 12-year-old girl who took a photo of him while he was executing people tracks her down to a run-down house where a depressed and alcoholic veteran (Thomas Jane) is living. The veteran, who has some facility with firearms (and who lost his own young son, sending him into his tailspin) decides to protect her, though the hit man demands that he turn her over to be shot. The veteran faces several ethics conflicts after making the altruistic decision to risk his own life to try to save a child who showed up on his doorstep by random chance. The hit man captures a police officer and tortures him to force the girl’s surrender. He then threatens to kill the officer, and does, as the veteran rejects the proffered exchange. Finally, the hit man captures the veteran’s ex-wife, and says he will kill her if he doesn’t get the little girl. (“How do I know I can trust you?” the vteran asks as they are negotiating. “You can’t!” the hit man replies.)

Now that’s an ethics conflict! Continue reading →

Ethics Alarms Expresses Its Gratitude To CNN For Providing Such A Superb Illustration Of “Fake News” As I Compile The Directory Of Same

/ Jack Marshall / 10 Comments

The fake news category is “polls.”

Gallup released the results of a survey in which various attitudes regarding the pandemic were explored. One question asked “How soon would you return to your normal day-to-day activities” if “there were no government restrictions,” giving respondants four options to choose among. The most popular answer was “after the number of new cases declines significantly,” getting 40% in the most recent results. The least popular answer was “after a coronavirus vaccine is developed,” with  9 %  choosing that.

Here is how CNN reported the results: Continue reading →