Ethics Quiz: Discrimination As a IA Right

Seriously? Will this ruling stand? Can it? Should it?

The Superior Court of New Jersey’s Appellate Division ruled Dec. 20 against Rajeh A. Saadeh in his lawsuit alleging that the New Jersey State Bar Association had violated the New Jersey Law Against Discrimination. The NJSB has a diversity policy that reserves 13 out of 94 leadership positions for members of specified underrepresented groups. Saadeh is a Palestinian Muslim American attorney, and his group didn’t make the cut. He argued that this was discriminatory, while the bar association argued that it had a First Amendment right to select leaders “consistent with its values regarding diversity in the legal profession.”

The Appellate Court overruled a trial judge who had held that the diversity program was an illegal quota system under New Jersey law. “[T]he undisputed facts in this record establishes beyond peradventure that the bar association qualifies as an expressive association, and that compelling it to end its practice of ensuring the presence of designated underrepresented groups in its leadership would unconstitutionally infringe its ability to advocate the value of diversity and inclusivity in the association and more broadly in the legal profession,” the appeals court said. Since the ruling was that the discriminatory policy was protected speech, it did not even address the question of discrimination.

[Two side points: 1) I have an automatic prejudice against any judge, or anyone, who uses the term “peradventure” and 2) I will not forgive the NJSBA for firing me after years of providing it with (acclaimed, profitable and discounted!) musical ethics CLE programs because I exclaimed “Fuck!” a single time to no one in particular in a moment of frustation during a tech check on Zoom when the bar association’s technical staff proved that it had no idea what it was doing.]

Your Ethics Alarms Ethics Quiz of the Day

Is that an ethically defensible decision?

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Let Us Give Belated Thanks To President Biden’s Ventriloquists For Another Vivid Example of Unethical Anti-Gun Propaganda

I missed this, but the White House statement from “President Biden” (Who wrote it? Who approved it? Did the President even know about it?) following the Madison, Wisconsin school shooting two weeks ago couldn’t be a better demonstration of the intellectual dishonesty and ruthlessness of the Left’s anti-Second Amendment fanatics. Apparently gun-phobics are thrilled any time a gun-related tragedy occurs so they can rush out junk like this and fundraising appeals to exploit the event for all it’s worth, and the higher body count the better. The alleged Presidential sentiment deliberately misrepresents the shooting by linking it to standard tenets of the anti-gun agenda that literally have nothing to do with the incident being exploited.

The Biden statement also brands itself as standard issue cant by using the deliberately meaningless Axis phrase “commonsense gun safety laws,” overwhelming used by those whose idea of “common sense” is not to allow legal private gun ownership at all. Then the letter advocates universal background checks, a national red flag law, a ban on assault weapons, and a ban on high-capacity magazines, not one of which would have done anything to prevent the shooting that is supposed to be the subject of the letter.

The shooter in Madison was a 15-year-old girl who couldn’t legally purchase a gun anyway: background checks don’t apply to shooters like her. Nor would a “red flag law” have flagged her, since it doesn’t include children too young to own guns. The shooter didn’t use an “assault weapon”; she used a pistol; nor was a high-capacity magazine involved. Never mind! Guns bad, so this tragedy that might have been prevented if only “we could melt all the guns and give a new world to our daughters and sons” (which we can’t: Who recognizes the song lyric?) justifies rushing out anti-gun propaganda when the appeal to emotion would be most effective.

Yecchh.

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Pointer: Not the Bee

Regarding Biden’s Mass Mercy For Convicted Murderers

As was anticipated after reports that were issued over the weekend, “President Joe Biden announced” today that he has commuted the sentences of 37 convicted murderers, thus taking them off federal death row. They will now serve out life sentences in prison, being housed, fed, given medical attention and more at taxpayer expense. This was done deliberately to foil the announced intention of President-elect Donald Trump to carry out the verdicts of juries and the courts.

“Biden’s statement”—this is in quotation marks because he didn’t write it, probably doesn’t understand it and quite possibly never read it or approved it—reads,

“Today, I am commuting the sentences of 37 of the 40 individuals on federal death row to life sentences without the possibility of parole. These commutations are consistent with the moratorium my Administration has imposed on federal executions, in cases other than terrorism and hate-motivated mass murder.Make no mistake: I condemn these murderers, grieve for the victims of their despicable acts, and ache for all the families who have suffered unimaginable and irreparable loss. But guided by my conscience and my experience as a public defender, chairman of the Senate Judiciary Committee, Vice President, and now President, I am more convinced than ever that we must stop the use of the death penalty at the federal level. In good conscience, I cannot stand back and let a new administration resume executions that I halted.”

Ethics observations:

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When Your Trump-Deranged, Slowly Metamorphosing Into Full Leftist Totalitarian Friends and Relatives Deny What Their “Movement” Has Become, Waive This In Their Smug, Red, Contorted Faces…

This must stop, here, there, and everywhere.

As frequent readers here know, Ethics Alarms has been referring to the Axis of Unethical Conduct (an Ethics Alarms term, and a fair one) as a totalitarianism-leaning, anti-American phenomenon for years now, as I have tracked the frightening progress on the 2016 Ethics Train Wreck and all of its many offshoots. I have used made this point frequently and, I recognize, emphatically to the point that many object to those and related labels as inflammatory and biased, which they are not because my assessment is objective and accurate. I could also say, with justification, “If the show fits, wear it,” and even “If the shoe fits wear it, you assholes.”

Today I was sent promotional spam by my old hometown newspaper, the lone surviving conservative #2 paper in Boston (The Dominating Axis representative is the always Democratic Boston Globe) after the slow amalgam of four newspapers with long histories of service to the people of New England: The Boston Herald, the Boston Traveler, the Boston Record and the Boston American. That headline above was all I needed to spark a head explosion with several subsequent explosions that left bits of brain and bone on my keyboard and computer screen after I read the entire report.

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Is The Worst President the One Who Was Never President at All, and Other Thoughts on Recent Biden White House Revelations

It’s no excuse and only moral luck, but I am now glad that I have waited so long to conclude the Ethics Alarms inquiry into who was the worst American President. (That final post on the topic is coming this weekend, I promise.)

For important new data is coming in: The Wall Street Journal issued a report based on extensive interviews with White House insiders and Biden aides that indicates there was a years-long cover-up of the degree of cognitive decline Biden had experienced since he was Vice-President. Both the Journal’s reporting and recent New York Times articles indicate what should be treated as a national scandal but probably won’t be.

His party knew that Biden was infirm mentally and physically before he was nominated to run against then-President Trump in 2020. Once he was nominated, Joe’ true condition was hidden from the inattentive public. I knew that Biden was sinking into dementia as early as 2019; it wasn’t hard to see, and I told many friends and associates that. The ones who hated Donald Trump didn’t car. Biden’s successful 2020 campaign was constrained by the (stupid) Wuhan virus lockdown and a complicit news media oddly incurious about a Constitutional crisis materializing right before their eyes.

Once Biden was elected, the cover-up continued. Top cabinet members were unable to meet with him or even speak with him. Biden held only nine Cabinet meetings in four years! Staff regularly stood in for him at official events. Other staff were assigned to keep him from wandering off. Biden couldn’t hold morning meetings because he was “not at his best” early in the day, and he seldom was up to working past 4pm unless he had spent the day gathering his strength and what was left of his wits. Biden cancelled important national security meetings, with his aides explaining to attendees that the President had “bad days and good days.”

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The Liz Cheney Ethics Zugswang Problem

Now this is an ethics conflict.

It is increasingly clear that former Congresswoman Liz Cheney broke the law as well as several ethics rules while doing her utmost to incriminate President Trump during the all-Democrat/ Never-Trump Republican J-6 committee star chamber orchestrated by Nancy Pelosi. It is wrong to break the law. It is especially wrong to break the law when you are an elected official and law-maker. Such officials should not only be held to a higher standard, but should be role models for the public that elected them. It follows, then, that when they break the law—it seems that Cheney participated in the destruction of evidence as well as coaching a witness, Cassidy Hutchinson, to lie under oath while unethically meeting with her, a represented witness, without her lawyer being present—they should be treated like anyone else who breaks the law.

If elected officials are not prosecuted and held to account when they violate the law, it is the worst manifestation of the King’s Pass, the insidious and pervasive rationalization (#11 on the list) in which individuals who are famous, popular, powerful, accomplished, productive or successful are allowed to escape the earned consequences of their own misconduct when a less powerful or popular individual would face the full penalties of the law. Such episodes seriously erode public trust in our legal system and power structure. The cliche is “No one is above the law,” but except for the case of indisputable bribery or violent felonies, elected officials are seldom prosecuted, and sometimes not even for those crimes.

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Politifact Lies About the “Lie of the Year”But Everyone Knows What the Real “Lie of the Year” Was

Wouldn’t you think an alleged ”’factchecking” organization would understand what a lie is? Well, the organization is Politifact, so it’s a trick question. It’s a Democratic Party/progressive propaganda outfit and facts are the last thing it cares about: that group of hacks is easily the most dishonest and unethical of all of these thing, much less trustworthy than second in line from the bottom, which might be Glenn Kessler and the Washington Post’s intermittently fair “The Factchecker” feature. And so it was that as the end of 2024 approaches, Politifact announced that this was its “Lie of the Year,”what Trump said on September 10:

“‘In Springfield, they’re eating the dogs.The people that came in. They’re eating the cats. They’re eating, they’re eating the pets of the people that live there. And this is what’s happening in our country. And it’s a shame.”

“With this claim, amplified before 67 million television viewers in his debate against Democratic presidential nominee Vice President Kamala Harris, Trump took his anti-migrant, the U.S. border-is-out-of-control campaign agenda to a new level,” Politifact moaned.

But even if the “Their eating pets and wildlife from the parks!” story had been a deliberate lie, it obviously was neither the “Lie of the Year” in either of the two categories relevant to the choice: it wasn’t the most destructive lie, and it wasn’t the most indefensible lie. This was: Continue reading

At the University of Michigan, A Controversy Reveals Dishonesty and Hypocrisy Underlying the DEI Fad

If Donald Trump accomplishes nothing more in his next four years than ending the nation’s tolerance to open borders while fawning over “good illegal immigrants” and driving a metaphorical stake through The Great Stupid’s DEI fad, electing him will have been worth all chaos that will come along with it.

DEI thrives as a hypocritical way to discriminate against white men and shift to a society based on rewarding achievement, diligence and ability to one based on group membership. That makes it un-American to the core. At the University of Michigan, the “director of the university’s office of academic multicultural initiatives”—you know, DEI—spoke out at a conference of such officers the university to opine that her university was “controlled by wealthy Jews and that because Jewish students are “wealthy and privileged” the don’t need diversity services. “Jewish people have no genetic DNA that would connect them to the land of Israel,” Rachel Dawson was quoted as saying.

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To Defenders of the Biased Mainstream Media: Ethics Alarms Challenges You to Find An Innocent Explanation For Why the NYT and WaPo Don’t Regard This Story As News [Expanded]

Heck, even CNN reported it (but not MSNBC). Crystal Mangum, the exotic dancer who in 2006 accused three Duke lacrosse players of rape launching an ethics train wreck that ended up costing the city of Durham damages, derailed the academic careers of the three students, got the lacrosse team coach fired, and resulted in a rare instance of a prosecutor being disbarred, finally admitted what everyone should have figured out by now.

“I testified falsely against them by saying that they raped me when they didn’t, and that was wrong. And I betrayed the trust of a lot of other people who believed in me,” Mangum announced on the podcast “Let’s Talk with Kat.” “I made up a story that wasn’t true because I wanted validation from people and not from God.”

Oh.

What?

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Unethical Wise-Ass Quote of the Week: Baseball Writer Keith Law

“Of course, the size and length of the deal look absurd, and I doubt anyone expects Soto to still be a $50-million-a-year player in 2039, when he’ll be 40 if we haven’t burned up the planet by then.”

—Baseball writer Keith Law, writing in The Athletic regarding the impact of the Mets signing outfielder Juan Soto to a 15 year, $765 million dollar contract as discussed on Ethics Alarms here.

I’ll start with a full disclosure: I’ve had some unpleasant personal interaction with Keith Law, who is a talented baseball analyst of long-standing but out of his depth in the field of business and sports ethics, where his nasty exchanges with me occurred more than a decade ago. This quote would be flagged by me as unethical if had been made by my sister in a national publication.

Experts have an obligation to not abuse their authority, influence, presumed wisdom and ability to persuade the public. Keith Law is a very qualified commentator on all aspects of baseball, from the business of the game to talent evaluation and statistics. Unlike a lot of sportswriters, he has an impressive educational background including an undergraduate degree with honors in sociology and economics from the same disgraced but unfortunately still prestigious college that I graduated from, as well as a Masters in Business Administration from Carnegie Mellon’s Tepper School of Business. He is not, however, a climate scientist, and as it appears that his every waking hour has been and is devoted to the wide, wonderful world of baseball, it is safe to presume that he has not acquired any special expertise in the area of climate change other than what he reads in the New York Times (which owns the Athletic) and other progressive propaganda media.

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