“bias makes you stupid”

The New York Times Legal Expert Doesn’t Understand The Constitution

/ Jack Marshall / 23 Comments

Well that’s a kick in the head! Actually, the expert in question is Linda Greenhouse, the Supreme Court reporter for The Times from 1978 to 2008 and once a regular participant in those Sunday Morning network “round tables” when a talk show wanted to pretend it had a balanced and non-partisan array. Greenhouse is a strongly left-biased Democrat legal analyst, often a dishonest one, and her latest column for the Times proves again that it is propaganda and woke advocacy, not legal enlightenment, that she serves.

Once again, I wish “A Friend,” formerly our resident Times apologist, was still allowed here so I could read his tortured defense of the paper for printing this sinister crap.

Do read “Will the Supreme Court Toss Out a Gun Law Meant to Protect Women?” I wouldn’t bother to quote it if the Times didn’t make you pay for the privilege of rolling your eyes, but I will, a bit. The headline says it all, though, and by “all” I mean anti-rights, anti-due process totalitarian cant. You know, Democratic Party/progressive/ “Do Something!” stuff.

If the Constitution contains an enumerated right in its Bill of Rights, the fact that a law directly violating that right may, in the eyes of some, have some beneficial effects is irrelevant unless there is a massive, existential justification for an exception. Otherwise, the law is unconstitutional. Current progressives and Democrats don’t believe that, or rather, object to the principle. The believe that if speech “hurts” someone by making them feel bad, expresses taboo opinions or makes a sanctified group member feel “unsafe,” laws blocking or punishing that speech shouldn’t be seen as a First Amendment violation, though, in fact, they are. If the right to a fair trial has to be ignored to make sure that a cop whose knee inadvertently triggered nationwide riots and DEI craziness ends up in prison for life, well, reasons the Left, you gotta break some eggs to make a metaphorical omelette, the eggs being the Bill of Rights.

The United States Court of Appeals for the Fifth Circuit, following SCOTUS’s long-delayed and essential 2022 ruling in Bruen that the Second Amendment means what it says and is about the human right to bear arms and not militias, declared a federal law unconstitutional that prohibited a person subject to a court-issued restraining order for domestic violence from owning a gun. It was and is obviously the right decision except to anti-gun zealots who believe in pre-crime laws, red flag laws, and anything along the slippery slope to outright Second Amendment repeal. The Supreme Court is obviously going to uphold the Fifth Circuit, because its ruling was correct. The only question is whether any of the three far-left ladies on the Court will have the integrity to follow the law. I have some hope for Justice Kagan.

But to read Greenhouse, one would think, and by “one” I mean a typical American who doesn’t read SCOTUS opinions, couldn’t name five of the first ten Amendments and doesn’t comprehend what the Supreme Court’s job is, that the fact that an invalid law has good intentions should be sufficient reason to let it stand. (I doubt the law at issue even had good intentions.)

What the law allows in domestic abuse restraining orders is for judges to issue them solely on the testimony of the complainant, and that act will ban an individual from exercising his right to bear arms. Evidentiary standards are minimal; judges are inclined to grant requests for restraining orders because if there is violence against a complainant after the judge finds no cause—moral luck lurks! —the judge is going to be crucified. The other party doesn’t have a right to be present at the hearing, so the result of the law struck down would be that individuals could lose a core enumerated right without due process of law, based solely on the word of an adverse party.

Continue reading →

Now THIS Is An Irresponsible Biden Judicial Nominee…

/ Jack Marshall / 8 Comments

The exchange above revealed much about the caliber of judicial nominees President Biden is presenting to the lock-step Democratic Senate majority.

The bio of this one, Quinnipiac University law professor Sarah French Russell, states that she “focuses her research and teaching on sentencing policy”–sentencing policy!!—“juvenile justice, prison conditions, reentry issues, ethics, and the problems of access to justice.” Ethics—when her response to being confronted outright with a letter she signed, advocating outrageous and radical measures, was to tell the assembled Senators that he had no memory of signing it and to deny that the letter said what it said…”Russell was previously Director of the Arthur Liman Public Interest Program at Yale Law School and taught in Yale’s Criminal Defense, Prison Legal Services, and Supreme Court clinics. Good old dependable Yale Law School!

Continue reading →

Saturday Ethics Trick-Or Treat Leftovers, 11/4/2023

/ Jack Marshall / 5 Comments

November 4 is lively ethics date in addition to the aforementioned robbery of King Tut’s tomb. There have been two notable assassinations on this date that have current news resonance: Then-Israeli Prime Minister Yitzhak Rabin, in 1995, and in 1928, gambler Arnold Rothstein, who was instrumental in fixing the 1919 World Series. (If the Arizona Diamondbacks has won the World Series just completed, I would have suspected a fix, especially with baseball sullying itself with a full embrace of online gambling last season.) Just to show how fast cultural and ethical winds can shift, it was on this date in 2008 that Proposition 8 was passed in California, banning same-sex marriage. Today I wouldn’t be surprised to see Gavin Newsome sign a bill making it a felony to say anything negative about same-sex marriages. The Iran hostage crisis began in 1979: yes, it’s true, Democrats: once the Iranians were the bad guys. In 1956, the USSR under Khrushchev sent in the tanks and crushed the flickering of democracy in Hungary. The late Diane Feinstein was elected California Senator for the first time, highlighting the Democrats’ incredibly cynical “Year of the Woman,” during which misogynist and serial sexual harasser Bill Clinton was held up by the party as a paragon of virtue. And in 2008, of course, Barack Obama was elected, proving that the United States was not the racist nation his administration and its supporters helped convince black citizens that it was over the next eight years.

Boy, this really has been a terrible date for ethics.

Let’s hope today doesn’t add to the list…

1. Could this be it? Is this the tipping point? In Dighton, Mass, (This Massachusetts boy never heard of it!), a female high school field hockey player was badly injured and sent to the hospital after a fierce shot by “a male player” hit her in the face. Whether the player on the other team “identified” as female or was just a male playing a female sport because Massachusetts’ way to avoid controversies is to just eliminate gender separations in all sports is unclear so far. It shouldn’t make any difference.

In the ridiculously woke Bay State, the incident is being treated like a live hand-grenade, but it is still setting off ethics alarms. Dighton-Rehoboth Superintendent Bill Runey said in a letter to families that “[w]hile I understand that the MIAA has guidelines in place for co-ed participation under section 43 of their handbook, this incident dramatically magnifies the concerns of many about player safety,” Runey wrote. Gee, ya think?

2. See? Baseball makes you smart! (As opposed to football, which gives you dementia…) The latest issue of the Baseball Research Journal (the fruit of a generous gift from my friend Bob Kenney) had a feature article on the burning topic of why Ty Cobb was named “Tyrus.” My first reaction was, “Wow, they are really digging deep for topics at SABR,” but, as is often the case, research on a seemingly trivial topic yielded wide-ranging and valuable information. Cobb believed that his first name was original and the invention of his father, a history professor, whom the baseball great thought bestowed on his son the name to honor the city of Tyre’s courageous resistance to Alexander the Great, who eventually destroyed it. This, in turn, would indicate that all subsequent Tyruses were named after Ty Cobb. In the course of debunking that story, historian William H. Cobb discovered and reveals,

Continue reading →

This Is The Mentality That Allows You To Thrive As A Democratic Party Political Consultant In 2023…

/ Jack Marshall / 16 Comments

The speaker is Ally Sammarco, a D.C.-based Democratic political consultant who pretends to be a firm, ARS Media LLC. You get an early clue about Sammarco’s ethical orientation by the fact that the ARS media website keeps referring to the company as “we” but when you click on “Who we are” you get just one name, hers. Lawyers are subject to discipline if they do this, but political consultants, obviously, don’t have to be ethical, since their job is recommending lies.

Her presumably self-written description of what she does is working “with clients on messaging to Democrats and swing voters, using creative social and digital media strategies.” You know, like posting misleading, Big Brotheresque videos on TikTok and Twitter, then responding to legitimate criticism with snark like, “Literally the replies on this show how many Republican men actually think that they could actually take out a shooter with an AR-15 with zero training.” Literally! Is this just dishonest deflection when she knows she’s mouthing pro-totalitarian propaganda, or is Ally really that stupid? It doesn’t make any difference really: this woman makes her living getting paid to advise Democrats. Ponder that for a nonce. What does this tell us?

As I noted to Ally, “It will keep you safe” is the standard aspiring totalitarian rationalization for the government infringing on any individual rights, from the First Amendment, to Due Process, to the right to a fair trial. In one of his more prescient quotes, Benjamin Franklin wrote: “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” Today’s Left is charging full-speed against that core American principle, betting that the average voter is too ignorant, too stupid, and too terrified to realize what progressives and Democrats want to do to them until it is too late.

Continue reading →

10 Ethics Takeaways From Wapo’s “Students Hated ‘To Kill A Mockingbird.’ Their teachers Tried To Dump It”

/ Jack Marshall / 4 Comments

Subhead: “Four progressive teachers in Washington’s Mukilteo School District wanted to protect students from a book they saw as outdated and harmful. The blowback was fierce.”

To begin with, read it all, and to the extent you can stand it, the comments. I included some trenchant quotes below, however.

Now the takeaways:

1. If there is a more vivid and depressing illustration of how far public education, teacher competence and race relations have declined since, oh, let’s say 2008, I don’t know what it could be.

2. The episode was triggered, a black student told the Post, when a white teen read “nigger” while reading “Mockingbird” to the class. The student disobeyed the teacher’s instructions to skip the slur, and “the kid looked at every Black person — there’s three Black people in that class — and smiled.” Well: a) Asking a student to read a passage of any book to the class when she feels part of the text must be skipped is incompetent. b) Of all the passages to have a student read from “Mockingbird,” choosing one that includes “nigger” smacks of deliberate sabotage. c) Presumed facial expression racism? At this rate, we should be back to “separate but equal” in no time.

3. “Freeman-Miller wondered: Did the school really have to teach Harper Lee’s classic but polarizing novel, as was mandatory for all freshmen?” There is no reason for any novel to be regarded as “polarizing,” except to those who regard literature as indoctrination tools. The educational process is to read the novel, discuss its literary merit, its context, its cultural significance, the ideas it communicates, and it why it works (or not) for a particular reader.

Continue reading →

A “Great Stupid”-George Floyd Freakout Mash-up Classic! The Fentanyl Overdose Death Of A Black Perp In Minnesota Will Result In A Name Change For Scott’s Oriole

/ Jack Marshall / 18 Comments

I’m not kidding.

This story has convinced me that the obsessions of the woke-infected have no limits. Hold on to your skulls…

The American Ornithological Society announced yesterday that it will remove human names from the common names for birds to create “a more inclusive environment for people of diverse backgrounds interested in bird-watching.” It is expected that around 80 birds in the U.S. and Canada will be renamed, the announcement says.

Wait, what?

It seems that this political correctness movement among bird brains began in 2018, when a college student named Robert Driver proposed renaming the McKown’s longspur, a small bird in the Central United States was named for John P. McKown, who collected the first specimen of the species in 1851. Ah, but Driver’s research revealed that McKown was insufficiently psychic about what causes would be deemed acceptable in a hundred years or so, and thus he fought Native American in the Seminole Indian in 1856, then participated in an expedition against Mormons in Utah in 1858, and worst of all, became general in the Confederate Army. Driver’s crusade was rejected at the time, because…well, it was stupid, to be blunt. The bird was named for McKown because McKown first spotted and identified it. His politics, positions on Indian relations and military exploits have exactly nothing to do with that distinction. 99.99% of people who hear the name “McKown’s longspur” don’t know or care who McKown was, or what he did in the Seminole War, nor should they. Driver—I’ll have to check to see what wokeness indoctrination factory he got his degree from—was just a bit ahead of his time. His ilk hadn’t started toppling Thomas Jefferson statues yet.

Continue reading →

Got It: Hating White People Is OK

/ Jack Marshall / 13 Comments

This explains a lot.

Last night, watching a World Series I wasn’t really all that interested in out of obligation to The Game, I was, because I’m an incurable optimist and sap akin to Pollyanna and and Shirley Temple, startled by the ad above that popped up between innings. Titled “Hate Rises,” its primary message was to “stand up to Jewish hate,” which is certainly currently relevant, since college campuses and Democratic cities are roiling with anti-Semitism and violence threatening Jews because the nation of Israel isn’t willing to let bygones be bygones after the Palestinian terrorist government slaughtered 40 infants, among other acts of savagery.

But I noticed that when the final message quickly scrawled through “all” hate, one kind of bigotry and hateful vilification was omitted. Stand Up To JEWISH/MUSLIM/BLACK/ASIAN/HISPANIC/LGBTQ Hate the ad concluded. Well, that about covers it! Wait a minute…

Continue reading →

Ethics Dunce: Aspiring T-Shirt Entrepreneur Steve Elster

/ Jack Marshall / 4 Comments

It’s come to this, has it?

Tracking the infinite variations of Trump Derangement is alternately entertaining and horrifying, often at the same time. This one is mostly just puzzling.

Elster, who is also a lawyer [inject multiple derogatory speculations here] is so impressed with his own wit and convinced that there are plenty of people whose taste is simiarly poor, whose brains are so pureed by wokism and Trump-hate, and whose willingness to proclaim their lack of political sophistication and IQ points is so unwavering, that it is worth going all the way to the U.S. Supreme Court to secure a trademark for what you see above.

The front of the T-shirt wittily <cough> refers to the low point among many low points in the GOP candidate debates that brought Trump the 2016 Presidential nomination, when Marco Rubio, trying to get the mud with Donald Trump (“Never wrestle with a pig. You both get dirty and the pig likes it” ) and stoop to crude ad hominem insults. I wrote about the incident at the time:

…when he appeared to be surging in the polls, though only because his competition was so repellent, Rubio made the decision to go “tit for tat” with Trump’s ad hominem attacks and vulgar rhetoric, making fun of the tycoon’s hair, fake tan, “little hands” and, ugh, presumed penis size. If that wasn’t bad enough, his delivery of the insults was atrocious, as he grinned and snickered while uttering these gutter attacks, looking like nothing so much as a smug 7th grader. With this, Rubio showed that he had as little dignity and respect for the office he was seeking as the disgusting boor people were turning to Rubio in order to reject. He showed that he lacked core values and integrity, and that his judgment, again, was terrible. At that point, Rubio’s support evaporated.

But Mr. Elkins, apparently, saw this sad display and thought, “Ha! Good one! I’ll have to remember THAT!” And so, as the wheel comes around for Trump again, Elkins designed that thing above and tried to trademark “Trump too small” with the drawing indicating a tiny pee-pee. Be proud, legal profession!

Continue reading →

Hamas-Israel Ethics Train Wreck Update: Look ! Here’s A University Whose Reaction To Campus Anti-Semitism Is Even Worse Than Harvard’s

/ Jack Marshall / 11 Comments

If you had “University of Wisconsin” on your train wreck bingo card—and why wouldn’t you?—collect your prize. The Nazis claimed that Jews were exaggerating about Kristallnacht too.

Dana Loesch reported that “pro-Hamas protesters staged aggressive demonstrations outside of the Hillel at the University of Wisconsin-Madison which caused Jewish students to fear for their safety.” She pointed out how this is part of the disturbing (and George Floyd Freak-out assisted—this is my analysis, not Dana’s) trend across the country: “Jewish students are being targeted: they’ve been barricaded into libraries, targeted on campus, are battling antisemitism, and feel unsafe.”

So how has the University of Wisconsin, long one of the most enthusiastic indoctrination centers of extreme wokism (which has somehow pointed its students toward applauding terrorism against Israel), responded to its Jewish students feeling like outcasts and targets on their own campus? Astoundingly, the message is “Oh, come on! It’s not as bad as all that!” Look:

Continue reading →

The Unmasking Continues: So A Big Chunk Of The American Left Hates Christians AND Jews Now?

/ Jack Marshall / 31 Comments

I did not see this coming, but perhaps I should have. After all, they have been telling us that they hate whites, males, and Americans for years.

This has been an ugly month for Democrats and progressives, if anyone is paying attention and not soaked with denial. America’s campuses, after decades of indoctrination, are erupting with open anti-Semitism, and the Left’s captive media has spread terrorist propaganda. The Associated Press told its reporters not to call Hamas killers “terrorists” after they massacred civilians, raped women, and took a couple hundred hostages from Israel on October 7. The Voice of America issued instructions to avoid calling Hamas “terrorists.” On October 12, Yale’s campus newspaper censored what it called “unsubstantiated claims that Hamas raped women and beheaded men” from a pro-Israel article by a student. (Yale professor Nicholas Christakis asked, “Are the hostage-taking, murder of children in their beds, burning of people alive, and parading of nude captive women in the street also ‘unsubstantiated’?”)

After Cornell students posted messages to university websites sewing sentiments like “If i see a pig male jew i will stab you and slit your throat,” “eliminate jewish living from cornell campus,” and an especially ominous, “gonna shoot up 104 west,” the kosher dining hall on campus, the school boldly advised Jewish students to avoid that dining hall. 

Silly me: I thought this Babylon Bee story was satire.

Continue reading →