Unethical Quote of the Month: Un-Named California Lawyer

Gail Herriot is Professor of Law at the University of San Diego School of Law and a member of the United States Commission on Civil Rights since 2007. She is a conservative, so much of the civil rights racket (“Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.” Eric Hoffer) objects to her existence.

Herriot recently posted the following jaw-dropping letter that she received from a member of the California Bar:

Dear Ms. Heriot,
 
This letter serves as a formal cease and desist demand regarding your ongoing, public, and targeted efforts to undermine and harass the Black community and its advocates for equity, in direct violation of state and federal civil rights laws and your ethical obligations as a member of the bar.
 
Your activities—including those publicly associated with the California Foundation for Equal Rights (CFER) (among others) and campaigns explicitly opposing Black-focused equity —constitute racial targeting and harassment under the Civil Rights Act of 1964, 42 U.S.C. § 1981, and applicable state hate crime and anti-discrimination statutes. Such conduct is not protected expression when it rises to the level of coordinated intimidation or bias-based obstruction of legally protected programs. It is particularly egregious that your public campaigns have focused solely on efforts benefiting the Black community, while remaining silent on or even supportive of state and federal allocations to other racial or ethnic groups. 
 
For example: In 2021 and 2022, the State of California directed substantial funding—over $165 million—to AAPI anti-hate initiatives, a commendable effort to address rising hate incidents against Asian Americans.
 
In 2024, the California Legislature authorized over $300 million in support for Holocaust survivors and members of the Jewish community, recognizing their suffering and need for continued support.
 
Despite these allocations, your campaigns have not targeted or criticized these initiatives—only those aimed at repairing centuries of harm done to Black Americans, who remain the most frequent victims of race-based hate crimes nationwide according to federal data. Your selective and racially targeted opposition to Black equity initiatives, combined with your public standing as an attorney, member of a federal civil rights commission and educator, magnifies the discriminatory impact and constitutes a pattern of bias-based harassment under both state and federal law.
 
Accordingly, you are hereby ordered to immediately cease and desist from any further direct or indirect harassment, public misinformation, or racially targeted advocacy directed toward the Black community or programs designed to support it. Continued actions of this nature may result in:
 
Formal referral to state bar disciplinary authorities for violations of the Rules of Professional Conduct concerning bias, harassment, and discrimination; and
 
Referral to appropriate civil rights enforcement agencies for investigation under state and federal hate crime and civil rights statutes.
 
Please provide written confirmation within ten (10) business days that you have received this notice and that you will comply fully with its terms.
 
Warmest Regards,

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Unethical Rant of the Year: MSNBC Left-Wing Propagandist Lawrence O’Donnell

Nah, there’s no mainstream media bias! Lawrence O’Donnell, right up there with the most shameless Axis media hacks in captivity even compared to the rest of MSNBC, usually goes his merry way slamming Republicans, conservatives and President Trump, avoiding inconvenient facts, objectivity and balance at all costs, appealing only to American who don’t want news or fair analysis, just confirmation of their own world view. When people decry the harsh division in American society today, O’Donnell is one of the prime villains, in part because he has been championing “advocacy journalism” ( as in unethical journalism) for so long.

Here’s his Ethics Alarms dossier. The last time I bothered to mention him at all (he’s always biased and unethical: The Julie Principle applies), was last year when I elevated him from mere Unethical Broadcast Journalist to Ethics Corrupter. Yes, I defended O’Donnell once…for being caught on video screaming at the MSNBC staff and shouting “fuck” among other epithets. I don’t think anyone’s most embarrassing private moments should be made “viral.”

However, this time attention should be paid, as Willy Loman’s widow says at the end of “Death of a Salesman.” O’Donnell snapped on the air yesterday and began denigrating Scott Jennings, the articulate, restrained token conservative and Donald Trump advocate on CNN’s on-air team. Jennings does a superb job vivisecting the usually emotional, knee-jerk, woke Trump-Deranged fury that he encounters on the various panels and in the numerous discussions he participates in, providing a much-needed counterpoint on CNN, which has evolved into MSNBC lite: reliably unethically biased, but with occasional outbreaks of non-partisan reality.

For some reason a sole voice of non-Axis perspective on a rival network is deeply offensive to O’Donnell. How dare Jennings defend President Trump? How dare he undermine the perpetual efforts of the news media to destroy him and defeat his policies? The Unethical Rant of 2025 was the result. Here is the whole amazing thing:

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Addendum: “And the Charlie Kirk Assassination Ethics Train Wreck Rolls On…”

I started writing this as a comment to the lively thread that has followed last night’s post, but decided to make it a separate post because the discussion raises its own ethical issues.

The Kirk denigration since the Turning Point USA founder’s death resembles that old kids game “telephone.” You would whisper a statement into the ear of the kid next to you who would pass it along down a line of ten or more and finally compare the original message to what the last one in the line heard. Hilarity usually ensued, as the vagaries of oral communication and the reception thereof resulted in “Mikey has a crush on Sue Brandeberry” turning into “Nike is suing someone who smeared crushed berries on its brand.” “Telephone” is a benign interpretation of a lot of the slander and libel against Kirk’s character and legacy; the non-benign interpretation is that people are just lying.

In the thread, a respected commenter here sparked some angry responses by answering my repeated question in the original post [“What did Kirk do or say that could possibly justify these freakouts?”] thusly: “At a guess, it might be his statement that passing the Civil Rights Act of 1964 was a mistake that might have been an issue. Or his highly uncomplimentary statements about Martin Luther King Jr and the approval of his assassination. Freedom of speech and all that.”

I have heard or read several equivalent versions of that answer since Kirk’s death, and they are worth clarifying and discussing.

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Unethical (and Stupid) Quote of the Day: Comic/Pundit Jon Stewart

“Fuck You, James Madison!”

“Clown nose on/clown nose off” Comedy Central comic Jon Stewart, in the course of blaming the Founders for the current Democrat Party shutdown of the Federal government.

Imagine: a large proportion of young Americans look to this fake authority for their news and political analysis. True, they could do even worse: Kimmel or Colbert; MSNBC, NPR, you know, what Capt. Renault in “Casablanca” would call “the usual suspects.” This latest outburst from the smug, intermittently witty know-it-all, failed actor (like Bill Maher), however, may represent his absolute low point, and he has had many previous stinkers.

But with his latest rant, we can see just how useless, ignorant and incompetent Stewart is when he isn’t mugging or being funny. At the end of the latest “The Weekly Show” podcast, Stewart was asked who to blame for the government shutdown. Of course he wouldn’t say “The Democrats, dummy!” though that is the only factual answer. Instead he blamed the Founders. Here’s his “hilarious” answer:

“Who is responsible for the government shutdown? I’m gonna go with the Founders, who came up with this fucking fakakta, overly complex bureaucratic web of nonsense that it takes to get anything done, and I think it’s very difficult when one political party that represents 75 million voters has zero say, authority, heft, and in a functioning political environment that isn’t a zero-sum game, there would have been conversations up until now that took some consideration. Some, I’m not saying a lot.”

Oh, stop, stop, Jon, my sides are splitting! The funny man went on,

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The Demon Pazuzu Appears To Be A Democrat…

…since he (it?) sure has been speaking for a lot of Democratic Party candidates…if you can believe its (his?) alleged victims.

Of course, you can’t.

In California, the leading candidate to replace Gavin Newsom as governor, Rep. Katie Porter, has been bedeviled by emerging videos of her abusing staffers, refusing to tolerate probing questions from interviewers, and generally acting like a witch on wheels (It’s Halloween!) Porter and her political allies insist that these clips don’t show “the real Katie,’ which is comforting, since that demon impersonating Porter just stops short of spewing green vomit.

Then there is Jay Jones, who in his passionate apology last night (during a televised debate between the two candidates for Attorney General in Virginia) characterized his extended discourse on how much he wants to murder his political opponents and see their children dead as a “mistake.”

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Worst Supreme Court Justice Ever?

During the oral argument at the Supreme Court regarding the constitutional challenge to Section 2 of the 1965 Voting Rights Act, President Biden’s sole appointment to the Court, Justice Ketanji Brown Jackson, proved that the suspicions raised by some of her dissents that she is a knee-jerk progressive incompetent were well grounded. Are you ready? Heed Sam’s warning!

The case, Louisiana v. Callais, involves the question of whether Louisiana’s congressional map violates the 15th Amendment and the Equal Protection Clause of the 14th Amendment because it clearly includes two districts with boundaries based on race. The objective was to create two majority black districts. In other words, use race as the reason for determining Congressional districts.

Justice Jackson’s head-exploding argument? Giving blacks special advantages in the matter of representation was like making special accommodations for the handicapped under the Americans with Disabilities Act. Black Americans, you see, are permanently handicapped because of the crippling effects of slavery (which ended 160 years ago) and Jim Crow (which ended 100 years later, about 60 years ago.)

“So going back to this discriminatory intent point, I guess I’m thinking of it, of the fact that remedial action absent discriminatory intent is really not a new idea in the civil rights laws. And my kind of paradigmatic example of this is something like the ADA,” Jackson said.

“Congress passed the Americans with Disabilities Act against the backdrop of a world that was generally not accessible to people with disabilities,” the DEI Justice explained. “And so it was discriminatory in effect because these folks were not able to access these buildings. And it didn’t matter whether the person who built the building or the person who owned the building intended for them to be exclusionary; that’s irrelevant. Congress said, the facilities have to be made equally open to people with disabilities if readily possible. I guess I don’t understand why that’s not what’s happening here. The idea in Section 2 is that we are responding to current-day manifestations of past and present decisions that disadvantage minorities and make it so that they don’t have equal access to the voting system. Right? They’re disabled. In fact ,we use the word ‘disabled’ in [Milliken v. Bradley]. We say that’s a way in which these processes are not equally open. So I don’t understand why it matters whether the state intended to do that. What Congress is saying is if it is happening … you gotta fix it.”

Got it! American blacks are permanently disabled. This is the rote justification for affirmative action forever, DEI (which Jackson understandably has an affection for), and reparations for slavery. It is a jaw-droppingly demeaning characterization of black Americans, and pure stereotyping.

Her “logic” also misses an obvious and crucial point: when the 1964 Voting Rights Act was passed, the U.S. was just barely leaving the Jim Crow era. Brown v. Bd of Education was only ten years old. Inter-racial marriage was still illegal in many states. Progressives and race-hucksters like Jackson refuse to acknowledge that there has been massive progress in race relations since 1964, and they deny that progress because it means giving up their own benefits from the phenomenon of presumed racism. “Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.” Jackson’s statement marks her as a racketeer.

That quote from Jackson is damning (and it bolsters the EA case that Joe Biden was the worst POTUS ever, since he appointed this partisan hack) and should be headline news, but it’s not. Gee, I wonder why… Over at SCOTUS blog, the new proprietor, Amy Howe, provides what she represents as a thorough analysis of the oral argument in Louisiana v. Callais without mentioning Jackson’s outrageous theory at all. So far, I have only seen it mentioned on conservative blogs and news sites. In fact, I was driven to Breitbart, a site I banned for being biased and untrustworthy, to find the full quote.

Is Jackson the worst SCOTUS Justice ever? I think she’s worse than Sotomayor, which is pretty amazing, but no, I’m sure there have been worse ones in the Courts dim past. But she is pretty assuredly the worst Justice in my lifetime, and that would include the execrable Harry Blackmun, who inflicted Roe v. Wade on the nation as well as the indefensible majority opinion declaring that baseball, alone among professional sports and billion dollar private businesses, should be immune from the antitrust laws. Harry was an mediocre judge in over his head thanks to a Peter Principle Nixon appointment, but he was at least smart enough not to claim that being black was the equivalent of being disabled.

Ethics Alarms Encore: “Unethical (And Stupid) Columbus Day Quote of the Decade: Kamala Harris”

[ This was last year’s Columbus Day post, and I decided that I couldn’t improve on it, so up it goes again. It is, after all, the proverbial two-bird stone: a straight reminder of how much we, and the world, owe to Chris, and how narrowly we avoided electing a pandering idiot as President. Another Columbus Day Ethics Alarms post worth visiting is this one, because it has the link to Stan Freeberg’s immortal Columbus riff on his “Stan Freeberg Presents the United States of America,” one of the most inspired pieces of musical satire ever.

But back to Columbus Day: its cancellation in some woke-lobotomized states (Indigenous Peoples Day) was part of the “America is evil and we should all be ashamed” cultural poison that the Mad Left has been trying to choke our society with for a long time. President Trump has more pressing challenges as he takes on the herculean task—it compares to Herc cleaning out the Augean Stables, the last and most disgusting of his Twelve Labors—of repairing our culture, but clarifying the significance of Columbus finding the New World is part of it. Let’s be clear: by any utilitarian analysis the European migration to North America was a very good thing indeed, probably inevitable, and beneficial to the entire world. Thank-you, than-you, thank you, Columbus. ]

“European explorers ushered in a wave of devastation, violence, stealing land, and widespread disease.”

—Kamala Harris in 2021, pandering to the “America is a blight on the Earth and the world would have been better without it” bloc in the Democratic Party  in a Columbus Day address.

Boy, what an idiot. Continue reading

Unethical Quote of the Month: Georgia Chief Justice’s Commission on Professionalism

“Diversity involves recognizing, including, celebrating, rewarding and utilizing differences of gender, race, ethnicity, age and thought – sweetening and often strengthening the pot.”

—-The Georgia Chief Justice’s Commission on Professionalism in the document supposedly designed to give Continuing Legal Education trainers (like me) guidance in preparing seminars on “professionalism,” exemplary conduct that goes beyond the Rules of Professional Conduct to bolster public trust and the reputation of the legal profession.

What utter, illogical, embarrassing, unethical, woke garbage this is…and from a judicial commission no less! I dare anyone to defend it. The putative author is someone named Karlise Y. Grier, who is supposedly a lawyer, and lawyers are supposed to be trained in critical thought. Gee, I wonder if…[checking]….of course she is. Only the undeserved beneficiary of such nonsense could endorse it so fatuously.

I’m going to be teaching, not for the first time, a professionalism seminar for Georgia lawyers, who are among those in the few states that require special “professionalism” credits. I had to read, in due diligence, the guidelines for such programs in Georgia that almost took longer to read than the course will last (one hour) because it was full of bloated bureaucratic babble. It is a professional requirement for lawyers to write clearly, but most don’t, and this thing was a disgrace. Nothing was as bad as that paragraph above, though.

What does “recognizing” differences in gender mean, and what does it have to do with the ethical practice of law? (Hint: Nothing.) Lawyers should treat all clients and adversaries the same regardless of race, gender or other group characteristics. Is that paragraph saying that Georgia lawyers should be able to tell a man from a woman? Is this a problem in Georgia?

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Ethics Quote of the Month: SCOTUS Justice Clarence Thomas

“If it’s totally stupid, you don’t go along with it…”

—Supreme Court Justice Clarence Thomas, in comments at Catholic University in Washington, D.C., as he explained why he thinks the traditional reverence for Supreme Court precedent (stare decisis) makes neither legal nor logical sense

In discussions with some of my more fair and rational progressive lawyer friends about the Dobbs decision overturning Roe v. Wade, several of them admitted that Roe was a terrible opinion, badly reasoned and sloppily written. This has been the consensus of most honest legal analysts since the 1970s, but never mind, Roe declared the right to kill unborn children for any reason whatsoever a right, so for abortion-loving feminists and their allies (including men addicted to promiscuous sex without responsibility), Roe was a “good” decision. But my colleagues who knew it was not just a poor decision but a terrible one condemned anyway, because, they said, it violated stare decisis, the hoary principle that the Supreme Court should eschew over-turning previous SCOTUS decisions even if they were outdated or clearly wrong, in the interests of legal stability, preserving the integrity of the Court and insulating the institution from the shifting winds of political power.

Like many principles, that one sounds better in the abstract than it works in reality, and Roe is as good an example as one could find short of Dred Scott. Roe warped the culture and turned living human beings into mere inconveniences whose lives could be erased at whim. How many millions of human beings don’t exist today because of the ideological boot-strapping logic of that decision, which bizarrely equated the right to contraception to the right to kill the unborn?

Reverence of bad decisions as beyond reversal is also a handy political weapon: as several wags have noted, stare decisus is mandatory when the precedent at issue is progressive cant (like Roe), but when the Left passionately believes a SCOTUS decision was wrongly decided, it’s time for an “exception” to stare decisus. In his recent appearance at D.C.’s Catholic University, where he taught at the law school until protesters against Dobbs in his classes forced him to stop, Justice Thomas pointed to Brown v. Bd. of Education, the landmark decision that overturned a well-established Court precedent holding that “separate but equal” was a principle that allowed segregation in the public schools as he neatly eviscerated the intellectually dishonest position that SCOTUS precedent must be sacred.

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Most Fascinating Ethics Quote of the Year: President Donald Trump

“He did not hate his opponents. He wanted the best for them. That’s where I disagreed with Charlie. I hate my opponent and I don’t want the best for them.”

President Trump, in his eulogy for assassinated conservative activist Charley Kirk at the massive memorial service in Phoenix

Can a quote be both ethical and unethical at the same time? You have to hand it to Donald Trump: his statement above at the Kirk memorial service had progressive heads exploding all over the map, and some conservative heads too. It was a genuinely provocative line, rich with contradictory meanings and implications. Did the President intend it that way? Who knows? They will be arguing about Trump’s brain in history and psychology tomes for a hundred years. I find myself hearing Wilford Brimley’s voice echoing through my brain in his iconic scene from “Absence of Malice”: “Mr. Gallagher, are you that smart?” Except in this case, it’s “Mr. Trump.”

Of course the line triggered the Trump-Deranged into self-identification, as with this guy…

But Trump didn’t say he hated half the country. Now Joe Biden came a lot closer to doing that when he accused Republicans of being fascists who are existential threats to democracy, though it was in a national speech to the nation not a memorial service. (I think that’s worse, myself.) We can’t be sure whom Trump regards as his “opponent.” Those who want him dead, as about a quarter of all Democrats according to one poll? Those who tried to impeach him twice and put him in prison using contrived prosecutions? Those who call him Hitler? The journalists and pundits who have been lying about him since he was elected in 2016 and before? Continue reading