Character

In Borden v. US, Justices Gorsuch And Thomas Indicate They View The Law As Taking Precedence Over Ideology

/ Jack Marshall / 4 Comments

Gorsuch-and-Thomas

Good. That’s two: maybe there are more.

So- called “three strikes” laws are a conservative invention to bind the hands of liberal judges inclined to give too-lenient sentences to repeat offenders because of superfluous factors like a tough childhood. As a result, liberal justices generally detest the device, arguing that it takes the judgment out of judging.

In Borden v. US, a case that asks if a conviction for a violent felony based on recklessness or negligence rather than malice should count as a “strike,” the three bedrock progressives on the U.S. Supreme Court, Justices Breyer, Sotomayor and Kagan, voted predictably, against the application of a “three strikes” law. If all six conservative justices showed similar fealty to their biases, the petitioner, Charles Borden, Jr., would face an enhanced sentence after pleading guilty to possessing a firearm as a convicted felon, because he had three previous convictions for “violent felonies” according to Tennessee. Confounding the Supreme Court politicizers who don’t believe judges are capable of being ethical—which requires putting aside personal biases and loyalties to do the right thing—Justices Clarence Thomas and Neil Gorsuch voted with the liberals. They did so because they were following the letter of the law, and that is the Supreme Court’s job.

In Borden, prosecutors argued for the mandatory 15-year sentence based on three earlier convictions that included on for “reckless assault.” Borden argued that such a conviction was not a “strike’ according to the wording of the law, and in law, words are supposed to matter. His claims were rejected in the lower courts, and Borden was sentenced as a “career-criminal.”

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Ethics Catch-Up, 6/10/2021 (But I Keep Falling Further Behind!)

/ Jack Marshall / 14 Comments

Hamster wheel

That’s not me, by the way. I would never wear a shirt like that…

1. Not substantiated, but worth mentioning: Fulton County, Georgia, poll manager Suzi Voyles says that when she sorted through a stack of mail-in ballots last November, she noticed strange uniformity in the markings on ballots favoring Joe. Biden. All the absentee votes contained perfectly filled-in ovals for Biden, except that each of the darkened bubbles featured an identical white space inside them in the shape of a tiny crescent, indicating they had been marked with toner ink instead of a pen or pencil. All of these ballots were printed on different stock paper than the others she handled as part of a statewide hand recount of the 2020 Presidential election, and none were folded or creased, as mail-in ballots usually are. To her, the Biden votes looked like they’d been duplicated by a copying machine. At least three other poll workers observed the same thing in stacks of absentee ballots for Biden they handled, have joined Voyles in swearing under penalty of perjury that they something was—is—seriously amiss. A state judge has ordered that all of the 147,000 mail-in ballots counted in Fulton be unsealed to allow a closer inspection of the Biden ballots for evidence of counterfeiting. Observations:

  • Why is this only happening now, rather than before the results were certified?
  • Even if the audit show that Trump “won” Georgia, indeed even if similar audits show that he should have won the election, nothing will change as far as the current government is concerned. You can’t unring that bell. Congratulate the Democrats: it worked!
  • Even the Georgia audit alone, if it turned up sufficient counterfeit ballots, would still force some accountability on the news media and progressive pundits, who have rather too vigorously insisted that the election was as pure as the driven snow.
  • So far, the mainstream media has ignored this story, and will continue to if it comes to nothing. Right now, it’s officially just more conservative conspiracy theory.
  • I am certain that there are many in authority who believe that even if there was widespread fraud in 2020, it shouldn’t be revealed because that knowledge would cause civil unrest. I almost feel that way myself, except that Democrats and news media have been shouting from the rafters that complaints about the loose controls on mail-in ballots are fanciful, and that Trump is “lying” when he says the election was stolen. Now the truth has to be determined, so that highly dubious narrative doesn’t prevent essential reforms.
  • If the Xeroxed ballot accusation turns out to be legitimate, things will get ugly. At that point, maybe they have to.

2. Accountability Ethics, Baseball Division. The last two nights, the Houston Astros were booed lustily in Boston by fans indignant about that team’s cheating in 2017, including during a close play-off series with the Red Sox on the way to the Astros’ World Championship. There’s a disconnect here: the primary villain in the cheating scandal is the current Red Sox manager, Alex Cora, who engineered the sign-stealing scheme the team used to help it’s hitters all season. Cora, of course, hasn’t bee jeered at all. Alex said that the booing of his former team made him uncomfortable. Good! He told the press after the game in part,

“Tough to hear it. Because at the end, I was part of that. I was part of the 2017 Astros, and I was part of the whole sign-stealing situation and them being booed and screamed at … I was part of that, too. I know there’s a lot of people in this town who are fans of the Boston Red Sox that don’t agree that I’m the manager [Note: Like me…] There’s others that yeah, they’re OK with it and others, they’re just happy that we have this [winning] record. But that was something I was wondering for a while — how people were going to treat them — because at the end, we were part of it. [Clarification: Not “part of it,” Alex. You were the instigator of it.] Me and [current Red Sox player] Marwin [Gonzalez] were part of that, and it was a tough one last night. When I got home, I thought about it. I was like, ‘Wow.’ It was tough. It was a tough night.”

Not tough enough. I also liked how he threw his own player under the metaphorical bus. Most Boston fans had forgotten that Gonzales, now with the Sox , was one of the Astros’ sign-stealing cheats. I’m sure he was happy to hear his manager remind everyone in his new city.

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Good Ethics News! It Is Fair To Say That Vice-President Harris Will Never Be Elected President

/ Jack Marshall / 44 Comments

Holt and Harris

There is no question about it: fraudulent personalities and con artists have been elected President of the United States in the past. However, that challenge isn’t easy, and being able to fool the public most of the time isn’t the only skill required to pull it off.

Kamala Harris is one of those truly awful politicians who radiates phoniness and opportunism. She has no true principles other than dedication to her own ambition and narcissism, and it is fair to conclude that if she ever had access to the power of the Presidency, she would create a bipartisan disaster.

Fortunately, Harris can’t fool anyone, at least not enough. She isn’t smart or dexterous. Her insincerity glows like an LED bulb. This is why she was such a spectacularly unpopular Presidential candidate when she ran in the Democratic primaries. The Vice-Presidency was handed to her based on nothing unique or admirable about Harris, just her color and her chromosomes. This provided her with a second chance to make a good first impression, but she just can’t do it.

Good.

This episode is in itself minor, but it features such a spectacularly dishonest and bumbling performance by Harris that it should erase any fears that anything short of Joe Biden’s demise will put her in the Oval Office.

During an interview with NBC News yesterday, Harris, who has been criticized for not visiting the U.S.-Mexico border despite being delegated the job of overseeing the mess there, was asked whether she had any plans to do so.

Harris: I – at some point – you know – we are going to the border. We’ve been to the border. So this whole – this whole – this whole thing about the border. We’ve been to the border. We’ve been to the border.

Or as Ralph Kramden would say, “Huminahuminahumina…”

When Lester Holt protested that despite her use of “we,” she had not, in fact, been to the border, her lightening-fast retort was…

Harris: “I – and I haven’t been to Europe! And I mean, I don’t – I don’t understand the point that you’re making. I’m not discounting the importance of the border.”

That’s it! That’s proof positive that Harris is too dim to hide her own dishonesty even to fool some of the people some of the time, or to get past a mildly challenging question from a Democratic ally like Holt. After trying deceit to duck the point Holt was making (“We’ve been to the boarder”—see, it depends on what the meaning of “we” is!), she resorted to a grade school level deflection (‘I haven’t been to lots of places! What’s your point?‘) The point is that her job doesn’t require her to go to Europe, but the boarder crisis does mandate that she go there and learn something. As she knows. And the best she can do is a virtual Jumbo, as in ‘I have no idea what you are referring to!’

This is Kamala Harris. She’s not just inept, she’s an inept phony. She may fool a few people with cognitive disabilities or who don’t give a damn, but most Americans will see through someone who talks like that, and they don’t want such empty suits as their leaders no matter what their political affiliations are.

She’s never going to be President.

Isn’t that nice?

Tuesday Afternoon Ethics Tunes, 6/8/21: The Mean Fundraiser, And More

/ Jack Marshall / 26 Comments

Quite a while ago—I’m afraid to check—I asked readers to submit nominees for popular songs with an ethics theme or lesson. Lorne Greene’s one hit recording ( his vocal version of the “Bonanza” song did not fly off the shelves) was “Ringo,” a pretty blatant rip-off of Jimmy Dean’s “Big John,” was one of the first on the list. I received quite a few suggested songs but events overtook me, and I never finished the project. It is in a growing list of promised future content that I have yet to deliver, including missing parts to multi-part posts. I apologize to readers for all of them, but I also intend to make good on all of them, though the ethics songs compilation is understandably low priority. I was happy to finally finish the Ethics Guide to “Miracle on 34th Street” after it languished for a year. The top priorities on the catch-up list right now are Part II of Three Ethics Metaphors: The Rise, The Presidency And The Fall Of Donald J. Trump—that will be on the “Animal House” parade plot metaphor for Trump’s election—and, of course, the long-delayed Part III of The Pandemic Creates A Classic And Difficult Ethics Conflict, But The Resolution Is Clear.

Back to Lorne: I met him once, on a Santa Monica beach. He was in swimming trunks, and with his family, extremely friendly, tanned and wearing his hairpiece, which was fantastic. Like several other stars I have met in person, Greene was so strikingly attractive that he would make anyone turn their heads on a street even if you had no idea who he was. Unlike most of the others, he appeared to be a genuinely nice guy.

1. Proud to be off Twitter, Reason #569: After Twitter received notice of its noncompliance with India’s information technology laws, demanding that the company remove content critical of the government’s handling of the pandemic and about farmers’ protests, including tweets by journalists, activists and politicians, Twitter pulled itself up to its full metaphorical height, puffed itself up like blowfish, and protested in part, “We are concerned by recent events regarding our employees in India and the potential threat to freedom of expression for the people we serve.”

Twitter actually said that it cares about freedom of expression! Then, last week, after Nigeria blocked Twitter, it had the gall to tweet…

Twitter Nigeria

This, from the platform that censored the Hunter Biden laptop story and banned President Trump. The Hanlon’s Razor question of whether these are bad people or just stupid people now becomes irrelevant. It’s unethical to operate a powerful communications platform when you are so stupid.

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Saturday Afternoon Ethics Picnic, 6/5/2020

/ Jack Marshall / 6 Comments

Giant ants

And what’s a picnic without ants?

June 5, the day before D-Day, is another date chock full of ethics history. It doesn’t count, but Ronald Reagan died on this date in 2004: I was just thinking that the Great Stupid would have killed him. In Presidential history, this was the day, in 1888, President Grover Cleveland vetoed a bill that would have given a pension to war widow Johanna Loewinger, whose Civil War vet husband died 14 years after being discharged from the army. He was discharged a little less than a year after enlisting for what the army surgeon’s certificate called chronic diarrhea. Loewinger received his pension until he cut his throat in 1876. When Johanna applied for a widow’s pension it was denied; his suicide was not considered to be caused by his military service. Johanna argued that the death was part of the insanity triggered by his war service, and appealed to a member of Congress to petition Cleveland with a bill. But the President declared all previous inquests into the former soldier’s unfortunate death to be satisfactory. Mrs. Loewinger got no pension.

I always thought this was gutsy of Cleveland (or something), since he had paid someone to serve in the Union army for him after he was drafted. But there were bigger ethics landmarks on June 5:

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Ethics Dunce: Yahoo! Sportswriter Shalise Manza Young

/ Jack Marshall / 7 Comments

Naomi-Osaka interview

The withdrawal of female tennis star Naomi Osaka from the French Open because she wasn’t allowed to ignore rules all the other players were forced to play by has inspired a revealing amount of criticism…of the concept that stars should have to abide by the same rules and laws as everybody else. Since this is a massive ethics blind spot that defies persuasive advocacy, I’ve been somewhat surprised that so many commentators and athletes have been willing to put such an unethical position in print.

I shouldn’t have been, I guess. Osaka (predictably) played the victim, suddenly revealed that she suffered from depression (the old reliable “I’m not bad, I’m sick!” ploy satirized in “Officer Krupke”), and she had the triple benefit of being Asian, Black and female, the “Get Out Of Accountability Free” hat trick (that’s hockey, but you get the point) in the Age of The Great Stupid.

I was originally going to dedicate this post to the fatuous commentary of New York Times columnist Kurt Streeter, to whom all sports is about race, on l’affaire Osaka. “Using social media posts, first last Wednesday then on Monday, Osaka called out one of the most traditional practices in major sports: the obligatory news conference, vital to reporters seeking insight for their stories, but long regarded by many elite athletes as a plank walk. After monumental wins and difficult losses, Osaka has giggled and reflected through news conferences and also dissolved into tears. In Paris, she said she wanted nothing to do with the gatherings because they had exacted a steep emotional toll,” he wrote. “She sent a message with significant weight: The days of the Grand Slam tournaments and the huge media machine behind them holding all of the clout are done. In a predominantly white, ritual-bound sport, a smoothstroking young woman of Black and Asian descent, her confidence still evolving on and off the court, holds the power. Get used to it.”

Get used to what? Star athletes (and politicians, and other celebrities) thinking that if they are successful enough and popular enough, they get to break rules and get away with it? We’re used to that. But the point is that she doesn’t have the power. Tennis authorities fining her and threatening to kick her out of upcoming tournaments proved it. So she threw a tantrum, quit, took her ball and went home, and that’s admirable to Streeter, or anyone else? Well, but, you see, “it is impossible to know the depth of Osaka’s internal anguish” as “the rare champion of color in a tennis world dominated by fans, officials and a press corps that is overwhelmingly white.” Oh, gag me with a spoon. I’d be willing to suffer a lot of internal anguish in an enterprise I could make over 50 million dollars in a year, as Osaka has. Who wouldn’t?

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Ethics Observations On The Naomi Osaka Affair [Corrected]

/ Jack Marshall / 35 Comments

Osaka2

On Ethics Alarms yesterday, the controversy involving the current top female pro tennis star, Japan’s Naomi Osaka, was relegated to the morning warm-up rather than a stand-alone post. If you were not following EA yesterday, here’s a quick summary:

Citing her annoyance with repetitious questions from the news media that undermined her confidence, the 23-year old announced that she would violate the 2021 official Grand Slam rulebook, which requires players to participate in post-match news conferences. Violations result in fines of up to $20,000, but since Osaka made over 55 million dollars last year alone, more than all but the most elite U.S. professional athletes, this fine would be like a late fee at the library to normal people. I wrote in part,

“This is literally an example of a star announcing that rules are for lesser mortals. Verdict: Ethics Dunce. The reason Osaka makes so much money is that athletes are paid heroes and entertainers, and submitting to the idiocy of reporters is part of their job. Fines obviously aren’t enough: a tennis player who refuses to fulfill her obligations to the sport should be banned from competing until she does.“

Yesterday, after winning her first round match at the French Open, Osaka was fined (but only $15,000), and tennis officials proved that they read Ethics Alarms (I jest) and told Osaka that continuing her boycott of the media would result in her being suspended from the current tournament and others. Good. The organization had no other choice, unless it wanted to directly endorse the King’s Pass (Rationalization #11). If Osaka was allowed to snub the media with minimal consequences (for her), then no other player would feel obligated to cooperate either. Rennae Stubbs, a former player who is now a coach and ESPN analyst, stated the obvious while most of the players and former players were expressing sympathy for Osaka: “You cannot allow a player to have an unfair advantage by not doing post-match press. It’s time consuming, so if one player is not doing that and others are, that is not equal.”

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Memorial Day Ethics Warm-Up, 5/31/2021…

/ Jack Marshall / 38 Comments

It will be interesting to see if the news media discusses the Tulsa Race Massacre of 1921 any more this May 31 than it has in the past. Discussing this horrible mass murder of blacks in Oklahoma over Memorial Day weekend has always been seen as sufficiently tasteless that the story has suffered the equivalent of a historical airbrushing. When did you first learn about it? I didn’t encounter the episode in elementary school, high school, college or law school. I was 50, and furiously researching the life of Clarence Darrow so I could churn out a one man show (that was already in rehearsal) after Leslie Nielsen pulled the rights we had paid for on the Darrow show performed on Broadway by Henry Fonda. I was looking for the context of Darrow’s epic closing argument in the Sweet case (1925), in which he referenced examples of white mob violence against blacks. That was my introduction to the tragedy. How was this possible? I was and am a voracious consumer of American history, movies, and television. Yet the facts of the Tulsa Race Massacre never entered my consciousness.

Here’s one useful resource…there are many others available online. A brief summary: After World War I, Tulsa’s African American community was notable for its affluence. The Greenwood District was known as “Black Wall Street.” But on May 30, 1921, an incident between a white woman and a black man on an elevator—nobody knows exactly what happened—was reported in the Tulsa newspapers as an attempted rape. The young African-American, Dick Rowland, had been arrested, and members of the community believed that he might be lynched. When an angry white mob gathered in front of the courthouse, a group of over 70 back men, some of them World War I veterans with weapons, confronted them. A gun went off in a struggled, and chaos descended on Greenwood. A white mob of thousands overran the Greenwood District, shooting unarmed black citizens in the streets. It burned an area of some 35 city blocks, and more than 1,200 houses, numerous businesses, a school, a hospital and a dozen churches. It is estimated that 300 people were killed in the rampage, though official counts at the time were much lower. 300 is the same death toll as the 1871 Chicago fire. I knew about that tragedy by the time I was 8.

1. IIPTDXTTNMIAFB! That’s short for “Imagine if President Trump did X that the news media is accepting from Biden…”, introduced here. The current example: during a speech at Joint Base Langley-Eustis in Langley,Virginia two days ago, President Biden began spontaneously complimenting a pre-teen girl who had joined her parents and two older brothers on the stage after her mother had introduced Biden to the crowd. Biden said, inappropriately and creepily, “ I love those barrettes in your hair, man. I tell you what, look at her. She looks like she’s 19 years old sitting there like a little lady with her legs crossed.” Republicans pounced, as the MSM cliche goes whenever Democrats are legitimately criticized. The episode was barely mentioned by the media dedicated to propping up Biden—that is, almost all of it—at all. IIPTDXTTNMIAFB…and President Trump didn’t even have a photographically preserved series of encounters like this:

Creepy-Joe-Biden-President

2. AHHHH! It’s a virus ! Get a gun!!! The headline on the front page of the NYT website yesterday read, “Pandemic Fuels Surge in U.S. Gun Sales ‘Unlike Anything We’ve Ever Seen.'” Incredible. People bought guns for the first time because rioting was going on all over the country, and in many places the police were doing little or nothing to stop it. Buildings were burning and being looted; citizens were being threatened. Who gets a gun to fight a pandemic? (There was never any threat of the kind of civic breakdown from the virus like that portrayed in the movie “Contagion.” Toilet paper riots?)

The degree to which the Times—the “paper of record’!—continues to distort reality to mislead the public and warp public opinion is astounding. Later in the same article, the Times said, “While gun sales have been climbing for decades — they often spike in election years and after high-profile crimes — Americans have been on an unusual, prolonged buying spree fueled by the coronavirus pandemic, the protests last summer and the fears they both stoked.”

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Remembering The First Ethics Hero Emeritus, Sir Edmund Hillary, 1919-2008

/ Jack Marshall / 2 Comments

Hillary_statue

This post was supposed to go up yesterday, May 29, but as has happened too often in recent months, the vicissitudes of existence got in the way of Ethics Alarms. May 29 is the anniversary of the epic moment when, at 11:30 a.m. on May 29, 1953, Edmund Hillary of New Zealand and Tenzing Norgay, a Sherpa of Nepal, become the first explorers to reach the summit of Mount Everest. At 29,035 feet above sea level, the peak of Everest is the highest point on earth. Hillary and his Sherpa guide were part of a British expedition, and the two completed their successful assault after spending a perilous night on the mountain at 27,900 feet.

Hillary’s tribute is included in the The Ethics Alarms Heroes’ Hall Of Honor, but for several years had been unavailable, unbeknownst to me, because I hadn’t connected some dots. The essay about him was a link to my 2008 post on the predecessor of Ethics Alarms, The Ethics Scoreboard, which was offline. I had forgotten that (and if anyone tried to access the article and failed, they never let me know), so the first Ethics Hero to be awarded that Ethics Hero Emeritus title was also the only such hero dishonored by my carelessness.

I apologize, Sir Edmund.

The Ethics Scoreboard is back online (and worth a visit), but I am finally putting the 2008 piece here, on Ethics Alarms, where it should have been long ago.

Ethics Hero Emeritus: Sir Edmund Hillary 1919-2008

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Dispatch From “The Great Stupid”

/ Jack Marshall / 14 Comments

Few revolting developments on the political scene justify the last words in “Bridge Over The River Kwai” more than this:

Nixon tweet

However, if such crack-brained reasoning ever progressed to widespread public policy, the iconic end of another film classic would be a better diagnosis. Take it, Marlon:

Criticism of Nixon’s insane tweet will be brushed off by progressives and Democrats (who, if honest, would own it) on the grounds that Nixon, who ran for mayor of New York not too long ago (though it seems like eons) is an uber-woke socialist, and therefore not representative of “real” progressives. There are two problems with that dodge, however. Several Democrat-run cities are barely enforcing laws against shoplifting as it is, notably Great Stupid Central, San Francisco (or is GSC Portland? Or Seattle?), where, reports the New York Times, shoplifting is out of control because law enforcement isn’t controlling it:

“The mundane crime of shoplifting has spun out of control in San Francisco, forcing some chain stores to close. Walgreens said that thefts at its stores in San Francisco were four times the chain’s national average, and that it had closed 17 stores, largely because the scale of thefts had made business untenable.”

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