Ethics Warm-Up, 2/8/2019: Coming Out Of My Green New Deal-Induced Coma Edition

Good afternoon!

Sorry; this was all set to go up by 10 am until I read the Green New Deal, and it sent me back to bed.

1. Green New Deal-related, he typed warily: Let’s see if the news media and pundits are as scrupulous about transparent flip-flops when they come from a cute socialist. During an interview with NPR, host Steve Inskeep pointed out to Rep. Ocasio-Cortez how much government involvement it would take to implement the so-called Green New Deal,” She responded,

“It does, it does, yeah, I have no problem saying that. Why? Because we have tried their approach for 40 years. For 40 years we have tried to let the private sector take care of this. They said, ‘We got this, we can do this, the forces of the market are going to force us to innovate.’ Except for the fact that there’s a little thing in economics called externalities. And what that means is that a corporation can dump pollution in the river and they don’t have to pay, but taxpayers have to pay.”

Then, a few hours later, Chuck Todd that same day asked Ocasio-Cortez about the same issue: wouldn’t this require a massive government take-over of private enterprise? This time, she resorted to Authentic Frontier Gibberish and said:

“I think one way that the right does try to mischaracterize, uh, what we’re doing as though it’s, like, some kind of massive government takeover. Obviously, it’s not that, because what we’re trying to do is release the investments from the federal government to mobilize those resources across the country.”

When the truth proves unpalatable, resort to double talk. There is no reason to trust anyone who does this. They are trying to deceive you.

2. But—But–I thought putting Kavanaugh on the Court meant that abortion was doomed, since all the justices appointed by Republicans vote in lockstep! The issue was whether a Louisiana law that required doctors to have admitting privileges in hospitals before they could provide abortions should be stayed pending a Supreme Court challenge. Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh wanted to deny the stay, with Kavanaugh writing in part,

[E]ven without a stay, the status quo will be effectively preserved for all parties during the State’s 45-day regulatory transition period. I would deny the stay without prejudice to the plaintiffs’ ability to bring a later as-applied complaint and motion for preliminary injunction at the conclusion of the 45-day regulatory transition period if the Fifth Circuit’s factual prediction about the doctors’ ability to obtain admitting privileges proves to be inaccurate….

The law has not yet taken effect, so the case comes to us in the context of a pre-enforcement facial challenge. That means that the parties have offered, in essence, competing predictions about whether those three doctors can obtain admitting privileges….

Before us, the case largely turns on the intensely factual question whether the three doctors—Doe 2, Doe 5, and Doe 6—can obtain admitting privileges. If we denied the stay, that question could be readily and quickly answered without disturbing the status quo or causing harm to the parties or the affected women, and without this Court’s further involvement at this time…. [D]uring the 45-day transition period, both the doctors and the relevant hospitals could act expeditiously and in good faith to reach a definitive conclusion about whether those three doctors can obtain admitting privileges….

Roberts joined the four Democratic appointees—the liberal wing, natch—to allow the stay. Conservatives are horrified, but all this means is that he’s evaluating the case on its merits as he sees it, not following a pre-determined ideological script in lock-step fashion, like, say, the four liberal justices he voted with.

It’s called integrity and independence. Good for Roberts. Maybe he can persuade other justices to view their roles similarly. Continue reading

Morning Ethics Warm-Up, 2/7/19: Kneeling Cub Scouts! Face-licking Politicians! Everything Is Spinning Out Of Control!

Good morning from Austin!

I really woke up in the Austin Marriott feeling pretty well for the first time in over a month. The bad news is that I might just have to stay here forever…

1. Tales of the double standard. The news media almost universally thinks that Nancy Pelosi’s sarcastic applause routine at the State of the Union this week was hilarious. Let’s keep this in mind the next time these people bemoan the deterioration of civic discourse and the toxic partisanship in Washington. It’s such a cliché by now that it is useless to repeat it, but I’ll say it anyway: imagine what the media reaction would have been if John Boehner or Paul Ryan had treated Barack Obama that disrespectfully during one of his speeches. They would have been up in arms in protest, and they would have been right. Or, if you like, imagine the fury from the news media if President Trump had responded in kind to Pelosi’s affront, and raised his middle finger right in her face.

At this point, he might as well.

2. Air Travel Ethics. I usually make sure that I have an aisle seat, but this time I was stuck at a window. When the plane reached the gate, the gentleman on the aside in my row just sat there, refusing to get up and allow me and the woman in the center to begin gathering our belongings from the upper bins. The woman in the center seat did everything short of saying, “Hey, ass, get up and let us out,” but he just sat there, chatting with his friend across the aisle.  In actual time, this probably delayed my exit from the plane a minute or two, but the feeling of being trapped is not pleasant. I’ve been on hundreds of flights, and this is the first time anyone deliberately blocked me in.

3. Northam-Fairfax-Herring fiasco updates!

Continue reading

Ethics Observations On The Clown Show In Virginia

What a TEAM!!!

I arrived in Austin, Texas exhausted, still suffering from whatever it is that’s been sapping my energy for the last month, and resigned to staying off the blog until tomorrow, a news day, and with luck a healthier me arrived. Then I learned about the latest ridiculous development in my adopted home state of Virginia. My mind was awash with images of George Washington, Patrick Henry, George Mason, Thomas Jefferson, James Madison, James Monroe—no, not Woodrow Wilson, he liked blackface—-all doing backflips in their graves. I can’t stand it. I have to write something.

But what? I don’t even know what this mass meltdown of the Virginia Democrats is. And what does it mean? Could it possibly mean that all of our elected officials are secretly absurd, untrustworthy morons? That can’t be it, can it? CAN IT?  Heck, before this, Virginia wasn’t even on my list of top ten ridiculous state governments, then the next think I know, the Governor of Virginia is solemnly explaining how one would go about a post-birth abortion, and then someone finds a weird photo of Governor Northam simultaneously dressed in blackface and in KKK robes, or something, in his mediacl school yearbook, and I didn’t even know medical schools had yearbooks. Maybe only medical schools where they teach post birth abortions? I don’t know. Anyway, suddenly the Governor is apologizing and saying that yes, he was in one of those costumes, then he’s saying that, upon reflection, he would NEVER have dressed like that for a yearbook photo, and he never saw the thing before, BUUUUT he did recall putting  shoe polish on his face that same year to imitate Michael Jackson, but not TOO much, because as we all know, it’s hard to wash off. Which is totally not what Matthew McConaughey promised the whites in the jury when he asked them to make themselves black for a while in that dramatic closing argument in “A Time To Kill,” but I digress. Anyway, Democrats realize that accusing Republicans and conservatives of being racists is the whole ball game for them, so obviously Northam had to go, and his own Lieutenant Governor, Justin Fairfax, who is also conveniently black as well as next in line if Northam quit, made comments suggesting that just maybe a Michael Jackson imitator, even one whose act was 35 years old, might not be exactly what the Old Dominion needs in these fraught times, not that this conclusion had anything to do with the job promotion it would involve for him. Continue reading

Morning Ethics Warm-Up, 2/6/2019: State of the Union Ethics, And More

Hello, Austin!

At least, that’s what I’ll be saying later today, as I arrive in the Texas capital to give my country music ethics seminar, sung by the remarkable Mike Messer, to a group of over a thousand corporate lawyers. It’s certainly better than lying around coughing, which is what I’ve been doing lately.

1. Update: Facebook still won’t accept Ethics Alarms links. This is seriously depressing me. I can’t get Facebook to respond or explain, and so far WordPress hasn’t been any help either. In the past, posts here have attracted tens of thousands of Facebook shares; most got at least a couple. Now there are none. This affects traffic, it affects everything. On one level, I’m tempted just to leave Facebook entirely. It’s not a very pleasant place these days, and the company is despicable. That doesn’t solve the problem though. After all the work and time I have spent trying to develop the blog, watching its readership and circulation go backwards is infuriating. I also don’t know how paranoid I should be about all of this.

2. State of the Union notes. The speech is always political theater, and largely irrelevant unless it is botched or something weird happens, like “You lie!” or Obama attacking the Supreme Court. I find it amazing that so many pundits couldn’t keep their cognitive dissonance in check, and give some semblance of an honest, if grudging, analysis of what one would have to call an excellent performance—and that’s all the SOTU speech is, a performance— by Donald Trump standards, and a wise performance from a Presidential perspective. At a time of near maximum divisiveness, the speech was upbeat, optimistic, and patriotic. You have to really, really hate the man to condemn that speech….and that’s how most of journalists and pundits feel. I especially liked Salon’s “Donald Trump 2019: Same lying racist he was last year.”  CNN’s Van Jones was also self-indicting, saying,  “I saw this as a psychotically incoherent speech with cookies and dog poop. He tries to put together in the same speech these warm, kind things about humanitarianism and caring about children, and at the same time he is demonizing people who are immigrants in a way that was appalling.”  On the other side of the wacko divide, Ann Coulter called the speech “sappy” and was upset because Trump didn’t talk more about the wall. Is there anyone other than Coulter than wants him to talk more about the wall? We need a special confirmation bias clinic for these people. Also: Continue reading

Never Mind The Blackface: Governor Northam Should Resign Because He Is Cowardly, Untrustworthy, Dishonest And Too Weird For Words

And it is unethical for a governor to be cowardly, untrustworthy, dishonest and too weird for words. Virginia’s governor has embarrassed his state, it’s citizens, and everyone who voted for him. He is a source of humiliation for his party. He cannot lead, or do anything but harm while he remains in office.

You host here at Ethics Alarms is still sick and bed-ridden, but I had to crawl to my office for this. Wow. From the moment he appeared in the most unethical campaign ad I had seen from a Virginia candidate for office, appealing directly to anti-Trump derangement and hate by calling the President of the United States a “maniac,” I knew there was something seriously off about Ralph Northam, and, frankly, about anyone who would vote for him. His recent “oh, this is how you go about aborting a baby who has already been born” comments confirmed that assessment, ” but I was not in favor of forcing him out of office because he had appeared in blackface while a medical student 34 years ago. However, Northam’s conduct and statements since initially apologizing for the photo that surfaced this week are not 35 years old. They reveal the current character of the individual changed with overseeing the government of Virginia. That character is intolerable for any leader, and it was not what the Virginians who voted for Northam—I wasn’t fooled, but you can fool some of the people some of the time—believed they were electing.

In today’s Saturday Night Live-ready press conference, Governor Northam, his poor wife by his side, gave a bravura performance in self-character assassination: Continue reading

Groundhog Day Ethics Warm-Up: 2/2/2019

Happy Groundhog Day!

1. Gov. Northam ethics Updates  a)There are reports that Virginia’s beleaguered governor will resign tomorrow. b) Then again, maybe not. The Times has this amazing story:

Gov. Ralph Northam of Virginia, facing intense pressure to resign from fellow Democrats after admitting that he posed for a photo in a racist costume as a medical student more than 30 years ago, was calling state Democrats on Saturday to say he did not think it was him in the picture and that he would not resign… in phone calls on Saturday morning he said he had no recollection of the yearbook image of two men, one in blackface and the other in Ku Klux Klan robes….

In addition to calling state Democratic officials, Mr. Northam has been calling former classmates at Eastern Virginia Medical School in an effort to determine more information about the picture — and to survive a crisis that is threatening his year-old governorship, according to a Democrat familiar with Mr. Northam’s calls.

This Democrat said the governor was determined to prove it was not him in the photograph and was even considering using facial recognition software. The governor, the Democrat said, had wanted to take responsibility on Friday night, which was why he apologized for appearing in the picture without acknowledging which person he was in the image.

Now he has to resign because he has proven that he’s an idiot. He began by admitting that he was definitely one of the two men in the photo and apologizing. If he wasn’t, does that mean that there’s another photo of Northam in a Klan get-up or in blackface? Why would he admit to dressing up in blackface or as a Klansman if he never did so? Was this so routine for him that he wouldn’t remember if he did it or not that particular time? Was he lying when he admitted that he was in the photo–and why would he do that?—-or lying now in a desperate attempt to save his career? Ugh. Show some dignity, man.

c) Conservative bloggers and pundits are enjoying this revolting spectacle way too much. Allahpundit: “Killing babies on the table is one thing, but an old blackface photo is where America draws the line.” Charlie Kirk:

David Bernstein: “The standards on past indiscretions confuse me. If we had had a picture of Ted Kennedy driving a car off a bridge and leaving his passenger to die while he planned a cover up, would he have had to resign?”  And when Planned Parenthood demanded that Northam resign, we got this…

d) Ann Althouse, as I assumed she would, is dubious about the fairness of condemning Northam for an unexplained use of blackface 35 years ago. “Here‘s the Wikipedia list of celebrities who’ve done blackface, ” she writes. ” Would those who want to exile Gov. Northam agree that all of these people should be shunned retrospectively (even the dead ones)? Fred Armisen, Fred Astaire, Dan Aykroyd, Jack Benny, Fanny Brice, George Burns, Johnny Carson, Joan Crawford, Billy Crystal, Robert Downey Jr., Judy Garland, Alec Guinness, Rex Harrison, Jimmy Kimmel, Dean Martin, The Marx Brothers, The Lone Ranger, Carroll O’Connor, Frank Sinatra, Red Skelton, Grace Slick, The Three Stooges, Elizabeth Taylor, Shirley Temple, John Wayne, Gene Wilder.

Of course, as Ann must recognize, all of those individuals, unlike Northam, were or are performers whose use of dark make-up was related to a particular role, skit or musical number. Continue reading

Ethics Quiz And Comment Of The Day: The Governor’s Yearbook Photo [Corrected]

You know you’re having a bad week as a politician when one scandal knocks a another scandal you’re involved in off the front page. Welcome to Virginia Governor Ralph Northam’s world right now, and where he’ll end up in it, nobody knows.

In case you missed it, Northam and abortion-loving Democrats were in the midst of trying to justify his comments earlier in the week accepting the concept of legal infanticide when a medical school yearbook photo turned up on social media, showing the governor-to-be either in black face or wearing Ku Klux Klan garb. Yes, this was another Hader Gotcha: conservatives were looking for dirt under very old rugs.  Northam confirmed that it was indeed him in one of the two costumes (but not which!) and issued the now familiar “this is not who I am now” apology:

“I am deeply sorry for the decision I made to appear as I did in this photo and for the hurt that decision caused then and now,” Northam said in his statement. “This behavior is not in keeping with who I am today and the values I have fought for throughout my career in the military, in medicine, and in public service. But I want to be clear, I understand how this decision shakes Virginians’ faith in that commitment. I recognize that it will take time and serious effort to heal the damage this conduct has caused. I am ready to do that important work. The first step is to offer my sincerest apology and to state my absolute commitment to living up to the expectations Virginians set for me when they elected me to be their Governor.”

It was immediately clear that this would not suffice. Northam is a Democrat, after all, and that is the party of race-baiting. Republicans weren’t likely to let Northam talk his way out of this either, not after he won his close 2017 gubernatorial election against Republican Ed Gillespie with the assistance of a jaw-dropping TV ad ad linking Gillespie to  the white nationalists who marched in Charlottesville and showing the GOP candidate trying to run down minority kids in his car.  Although the ad was not a product of his campaign, Northam refused to condemn it, and his campaign reported it as an “in-kind contribution.” The campaign also sent out a mailer tying Guillespie to white nationalists.

What Republicans say about the yearbook photo doesn’t matter, however. Northam’s own party turned on him, with his Democratic predecessor Terry McAulliffe, the NAACP, the Congressional Black Caucus, the Virginia Legislative Black Caucus, and the Democrats in Virginia’s state legislature all calling on him to resign.

After all, casually endorsing infanticide is easy to defend to the hard-core Democratic base, but wearing a tasteless costume 38 years ago while a student is unforgivable.

Wait…what?

The instant issue might be moot in a few hours, as the betting is that Northam will resign, but  your Ethics Alarms Ethics Quiz of the Day’s  question will remain:

Should Ralph Northam’s 1984 yearbook photo require him to resign as Virginia Governor?

Continue reading

Morning Ethics Warm-Up, 2/1/2019: Dumb, Dumber, Fake, and Fakiest

At least this guy has hair

If I’m out of bed, it’s morning to me…

1. Update. Wow. My furious ex-Ethics Alarms commenter actually filed a motion to oppose my motion to extend the time to file a response brief to his rambling 70+ page, incoherent rant of an appellant brief, as he tries to get the dismissal of his defamation suit against me overturned. Such extensions are granted as a matter of course and courtesy, and real lawyers never oppose them, so a petty motion like that sends a strategically unwise signal to the court that this is not really a legal matter but an abuse of process to pursue a grudge. Of course, reading the brief itself makes that clear.

2. Incompetent Elected Official Of The Day: Rep. Jason Crow (D-Co), who tweeted about the President sending troops to the border,

This guy needs to be sent back to government kindergarten. Troops are almost always deployed for political reasons, both national and international. Does he remember when LBJ sent troops into Selma? How about Truman using troops to break the railroad worker’s strike? Commenter Tim Levier correctly notes, “What troop was ever deployed for a non-political agenda? They go where the politicians send them. And what better place than in their home country defending their actual borders for national defense?”

The  new class of Democratic representatives is one for the ages. What an idiot. Continue reading

Open Forum, Sick Host Edition

The chair is empty.

I’m going to hand the blog over to you right now, since I am temporarily incapable of going two minutes without sneezing, coughing, gagging or sleeping. Maybe I’ll be able to catch up on posting some Comments of the Day as well, since that takes about a tenth as much time as a full post. Or maybe I’ll just crawl off into the snow and let nature take its course.

Yes, I’m feeling sorry for myself. Make me proud, ethics lovers…

Morning Ethics Warm-Up, 1/31/18: To Be Honest, This Is Yesterday’s Warm-Up That I Was Too Sick To Write…

This isn’t how I look. This guy looks BETTER than I look…

Today I feel like one of those guys I used to see nodding of in a heroin haze when I lived on Capital Hill…

1. Governor Ralph Northam endorses infanticide. Said Virginia’s Democratic Governor this week, explaining a bill that barely failed to pass in the Virginia legislature, “[Third trimester abortions are] done in cases where there may be severe deformities. There may be a fetus that’s nonviable. So in this particular example, if a mother is in labor, I can tell you exactly what would happen,” Northam, who is a pediatric neurosurgeon, told Washington radio station WTOP. “The infant would be delivered. The infant would be kept comfortable. The infant would be resuscitated if that’s what the mother and the family desired. And then a discussion would ensue between the physicians and the mother.” How can this possibly be interpreted as  anything but post birth euthanasia? Marco Rubio tweeted, “I never thought I would see the day America had government officials who openly support legal infanticide.”

Really? I did. The pro-abortion movement has been moving relentlessly to this point for decades. (New York just legalized late term abortions.)If progressives and feminists want to see Roe v.Wade substantially weakened by the Supreme Court, this is the  way to guarantee it. Of course, Northam gives all sorts of indications that he might be an idiot. His response to the predictable criticism of his statement was this tweet:

“I have devoted my life to caring for children and any insinuation otherwise is shameful and disgusting.

Yeah! Why would anyone question my devotion to  children just I advocate killing the ugly ones right after they are born? After all, they’ll be made “comfortable” until they die. (I have to admit, the “comfortable” bit really annoys me, as if that mitigates what is being done.) Continue reading