Government & Politics

Update: “The New York Times Legal Expert Doesn’t Understand The Constitution”

/ Jack Marshall / 11 Comments

Well, what do I know….

At least in the view of the New York Times SCOTUS reporter Adam Liptak, the course of the Supreme Court oral argument in United States v. Rahimi indicates that the Court is likely to over-rule the Fifth Circuit and let the law discussed her in this post stand. Just call me “Fredo”: I was certain that the Court would agree that the law is unconstitutional, and I’m still certain it should be so ruled.

Based on the story, the Justices are persuaded by the fact that Rahimi, after the law was imposed on him, proved he was in fact a danger to society and should not have access to a gun.

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Yes, “Free Speech Is In Trouble,” But Let’s Be Clear About Why And Who’s Responsible

/ Jack Marshall / 10 Comments

“538” founder and exile Nate Silver is now opining on substack and doing very well, thank-you, but he still is an infuriatingly biased progressive pretending to be objective. His topic in “Free Speech Is In Trouble” is the 2024 (?) college free speech rankings from a College Pulse/ FIRE survey of over 55,000 undergraduates across a wide range of colleges and universities. The results are pretty clear and ambiguous: most self-identified progressive students don’t believe in free speech and want those who don’t conform to woke ideology silenced or intimidated. This poses a serious threat to the culture and democracy.

See, that wasn’t so hard, was it? But Nate, being Nate, repeatedly buries the lede and distracts from that conclusion. Oh, he says it, sort of, many times, but it’s always stated in an equivocal manner bordering on deceitful.

At the top, Silver says, “And after seeing the latest polling on what college students think about free speech, I don’t concern over “cancel culture” or the erosion of free speech norms is just some moral panic. In fact, I think people are neglecting how quick and broad the shifts have been, especially on the left.”

Not “especially” on the Left, Nate: on the Left—you know, your team. He says, as a summary of the results,”College students aren’t very enthusiastic about free speech. In particular, that’s true for liberal or left-wing students, who are at best inconsistent in their support of free speech and have very little tolerance for controversial speech they disagree with. ” Why state a generality that isn’t true? It isn’t “college students,” it’s progressive, woke students who have little commitment to free speech. “But this looks like a major generational shift from when college campuses were hotbeds of advocacy for free speech, particularly on the left,” he says a bit later. It’s not a generational shift, it’s an ideological shift and a values shift, on the Left.

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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!

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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,

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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.

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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.

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Ethics Quiz: Is A Candidate Who Records Herself Urinating In The Snow And Posts The Video To Social Media Fit To Serve In The Virginia Legislature?

/ Jack Marshall / 5 Comments

I’m kidding. This isn’t really an ethics quiz post. It’s a “When did the Democratic Party completely lose its collective mind?” post.

In Old Virginny, where I live, where multiple communities feel it necessary to criminalize over-age trick-or-treating, where the state Democratic Party felt that Clinton bag man Terry McAuliffe was a fine choice to be governor, and where the same party was until recently running a candidate who performed sex-acts for cash with her husband on a porn site, Jessica Anderson (shown proudly peeing in the snow above) is a nominated and widely endorsed candidate for Virginia’s House of Delegates.

Her professionally-designed website describes her as “not a politician; she is an everyday person who advocates for her community.” When did people who piss in the snow and publicize the process start qualifying as “everyday people”? I’ve known a lot of normal and abnormal people in my epic life, and I’m fairly certain that none of them have done this or would consider doing this. In truth, I was considering an ethics quiz involving another TikTok post by Jessica; this one:

The question would have been, “Is it fair to judge a grown woman who dresses as an eggplant and flaunts herself doing so online as not sufficiently trustworthy to be an elected official?”

Close reading of Jessica’s website reveals other red flags, one being that she favors unconstitutional “red flag laws” inflicting pre-crime breaches of due process and individual rights based on vague standards applied by the government. Her aspiring totalitarian explanation: “The idea that someone is seen as a substantial threat and could face little legal ramifications and endanger members of our community, should warrant stricter criminal consequences.” Being “seen” as a threat warrants criminal consequences! That the mark of a 2023 progressive Democrat, even one who doesn’t revel in peeing in the snow…

The peeing eggplant candidate also proves herself to be deliberately misleading, describing abortion (one must assume that’s what she’s talking about) on her site’s homepage as “reproductive rights,” the current cover-term now that “choice” has been outed as the disinformation it is. If one clicks through, abortion is finally extolled by the candidate, but the page presents another red flag regarding Jessica’s fitness: professionally designed as it is, her campaign site reveals her as careless, ungrammatical and inarticulate or, in the alternative, someone who delegates to incompetents. Here’s the text on the abortion issue, highlights mine:

Youngkin and VA-GOP have advocate for abortion bans, recently pushing for a 15 week ban specifically, Yet, they fail to discuss that a 15 week ban does NOT stop elective abortions and instead causes doctors to hesitate, putting patients at risk of sepsis, blood loss, organ failure, reproductive organ loss, coma and even death. These types of laws also eliminate families ability to make a personal decision when they are presented with the horrible reality that their wanted child is not viable and will not survive childbirth. We also know that 93% of all abortions nationwide, occur by or before 13 weeks, with only 6% occurring between 13 and 20 weeks. So we need to ask ourselves why politicians are trying to legislate a 15 week ban, that only impacts 2.5% of all abortions, which are medically necessary due to fetal abnormalities and/or maternal mortality. Legislators have no business in our doctor’s offices, making our personal and life-altering medical decisions, and putting our healthcare providers at legal risk simply for providing us care. I believe the long-standing law in Virginia, which allows for abortion access through the 2nd trimester and that in the rare instance of a 3rd trimester abortion, healthcare providers must respond quickly and ethically. It outlines that if a pregnancy is terminated in the 3rd trimester, it requires a physician along with 2 consulting physicians, to deem the procedure medically necessary. The further arbitrary laws being discussed and introduced are nothing more than political grandstanding and serve no purpose than to control this deeply personal decision.

This section and others on the site do explain why the candidate believes that education is important, I suppose. I also concede that this is how most “everyday” people think and write. Elected officials and representatives responsible for our laws and policies, however, should be better and smarter than the average American, a rather low bar to clear. The 2023 version of the Democratic Party and their progressive allies clearly don’t accept this rather obvious principle (See: Rep. Jamaal Bowman). Anderson’s endorsement page shows that she’s the darling of all the usual suspects, and enthusiastically supported by the leaders of her party in Virginia, who, by extension, apparently also applaud public peeing.

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.

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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…

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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!

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