Judge Ho Strikes Again! Is His Yale Law School Ban Unfair Discrimination Or Justly Utilitarian?

I could have easily made Judge James Ho of the Fifth Circuit Court of Appeals an Ethics Hero for the second time in 2022, and maybe I should. (The first time was in February, when he tossed his planned speech at Georgetown University Law Center to chastise the school for its treatment of Professor Illya Shapiro, who dared to utter an opinion that was insufficiently supportive of “diversity” as greater value to the Supreme Court than actual legal acumen. This time his principled stand has more metaphorical teeth, but we should at least consider its ethical validity.

In Judge Ho’s keynote address to the Kentucky Chapters Conference of the Federalist Society—you know, the fascists—- the judge deplored speakers being shouted down and censored at law schools across the country. Then, after singling out Yale Law School as being particularly hostile to non-compliant viewpoints and determined to engage in ideological indoctrination rather than legal education, he announced that he would no longer be hiring law clerks with Yale Law degrees, saying, “Starting today, I will no longer hire law clerks from Yale Law School. And I hope that other judges will join me as well. I certainly reserve the right to add other schools in the future. But my sincere hope is that I won’t have to.” Continue reading

Race Pandering Law Of The Year, And Of Course It’s In California…

…and also of course, master progressive panderer Gov. Gavin Newsom signed it into law.

Newsom signed a bill yesterday to limiting the use of hip-hop lyrics as evidence in the criminal trials of rappers, a blatant sop to the African-American fans of the artists, inevitably black, who have an alarming record for assaulting, battering, raping or killing people

The law, welcomed by rappers, their fans, record producers, record industry executives and Black Lives Matter, is the first in the country to ensure someone’s “creative expression” is not used to “introduce stereotypes or active bias” against a defendant or be used as evidence in a trial against them. Yes, that would be because Assembly Bill 2799 is an unnecessary law that would only surface in one of the very few states so thoroughly addled by extreme Leftist ethics rot that such a monstrosity would even be considered without causing crippling laughing fits. A similar bill in New York failed earlier this year—yes, New York is one of those states.

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Ethics Quote Of The Week: Ann Althouse

(I know this is like shooting fish in a barrel, but…)

“I wish the NYT would play it dead straight.’

—Blogging contrarian Ann Althouse, complaining about the Times story and its headline, “Ginni Thomas Denies Discussing Election Subversion Efforts With Her Husband.”

The retired law professor writes,

Election Subversion Efforts” is quite a phrase. You could discuss a lot of things and still deny that any of it was “subversion.”… If you believe the election was already subverted, then in pushing for more procedural paths, you’re trying to un-subvert it. If you think the announced results are invalid, you’re trying to get to the true results, not “invalidate the results.” It’s very hard to wade through these loaded terms. 

We have discussed this sinister media spin ever since the November 2020. Questioning the election results and taking related action when Republicans win is simply politics as usual and seeking integrity in the democratic system. Doing so when Democrats win is “election subversion.” The Times is, as it does most of the time now, using its influence to try to bolster Democratic party campaign themes and talking points.

It’s time like these when I miss self-banned New York Times apologist “A Friend,” who could be counted on to mount a contrived defense when his favorite paper was flagged for ethics fouls like this. Continue reading

Ethics Quiz: The Crystal Flute

The strange episode has everything: history, a President, music, bad taste, fat-shaming, historical ignorance, and more.

Lizzo, the defiantly obese pop singer, rapper and all-around musical whiz who is also a classically trained flutist, was permitted to entertain her Washington, D.C. concert audience this week by playing a crystal flute that a French craftsman and clockmaker had made for President James Madison in 1813. She was handed the sparkling instrument from Carol Lynn Ward-Bamford, a curator at the Library of Congress, then, as described by the New York Times, “played a note, stuck out her tongue in amazement, and then played another note, trilling it as she twerked in front of thousands of cheering fans. She then carried the flute over her head, giving the crowd at Capital One Arena one last look, before handing it back to Ms. Ward-Bamford.”

“I just twerked and played James Madison’s crystal flute from the 1800s!” Lizzo told the crowd. “We just made history tonight.”

Your Ethics Alarms Ethics Quiz of the Day is...

Was that an appropriate and ethical use of the historical artifact?

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Now Washington, D.C. Wants To Cheapen Citizenship

Of course it does.

this week, a D.C. Council committee unanimously approved a bill to allow non-citizens to vote in local elections, and just to make sure the intent was clear, an amendment was added including illegal immigrants to the voting rolls as well. Oh, the term used is “undocumented’ or some other cover-word to avoid the sorry truth, but you know what’s going on.

Several towns in Maryland and Vermont already give non-citizens municipal voting rights. Non-citizens vote in school board elections in San Francisco, and cities in California, Maine, Illinois and Massachusetts have similar legislation on the drawing board. The inclusion of illegal aliens is more unusual, but D.C.’s elected officials apparently felt the need to virtue-signal after reacting like stuck Swamp Creatures when a few hundred illegals were bused to their metaphorical shores. Like Martha’s Vineyard, the “sanctuary city”-preening District loves illegals as long as the vast number of them have to be cared for and paid for by Texas, Florida, Arizona…you know, the where Little People dwell.

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Occupy Democrats Is Just As Incompetent And Unethical As Its Memes Always Indicated…

That tweet of signature significance isn’t the topic of this post, but it is relevant. [Thanks to comment-master Humble Talent for passing it along.] This progressive group, much like the equally dim Move-On.org, represents shrill far-left ideological cant without nuance, facts, standards or restraint. All of my Facebook Friends who were addicted to posting disinformation and propaganda memes by Occupy Democrats have unfriended me by now I think; it’s too bad, because some of them once had functioning minds, but it’s just as well. Meanwhile, the always evident ethics and intellectual rot underlying OD is finally being recognized.

Occupy Democrats’ campaign finances over several cycles show that the group spent most of the money it acquired from charitable contributions— $577,000 of a total $797,000 raised this cycle—on “fundraising consultants,” with no—that’s zip, nada, zero— contributions going to candidates.

A quarter-million dollars of what the group raised over this past election cycle, did flow into the coffers of Blue Deal LLC, which is owned by Occupy Democrats’ founder Omar Rivero and his brother, Rafael.

Oh! So Occupy Democrats is like Black Lives Matter, then!

A scam.

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The President Sees Dead People: Ethics Observations

The most important observation may be that the mainstream media is covering this disturbing episode rather than burying it.

From the New York Times:

President Biden looked in the audience on Wednesday for Representative Jackie Walorski, Republican of Indiana, during a White House conference on ending hunger, apparently forgetting that Ms. Walorski had died last month.

“Jackie, are you here? Where’s Jackie?” Mr. Biden said as he thanked lawmakers who had sponsored legislation on the hunger issue. The president appeared to be confused at her absence and said something under his breath about whether she had planned to be at the event.

In fact, Ms. Walorski was killed on Aug. 3 in a car accident in her district, along with two of her congressional aides, when a vehicle she was in collided head-on with another. The driver of the oncoming car was also killed.

Mr. Biden did not correct himself during the remarks, but the incident quickly went viral on Twitter and other social media platforms, with some people seizing on the moment as evidence that Mr. Biden, who is 79, lacks the mental capacity to be president.

“Some people”? Not to throttle a theme, but why just “some people”? Isn’t forgetting that someone is dead (when you made a public statement about her death just a month earlier) a classic sign of dementia? And why is this a surprise to anyone who has been paying even a little attention to Biden since before he was handed the Democratic Party’s nomination?

Of course, after that straightforward and factual account, the Times slipped back into familiar “Republicans pounce” territory. “The president’s political opponents have been pushing that attack since he took office.,” the news item says. It’s not an attack! It’s a legitimate concern for any American when it becomes obvious that the leader of the nation is sliding into senility. Again: why aren’t Democrats and the President’s supporters equally alarmed? Integrity? Honesty? Responsibility?

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Clarence Thomas Gets A Rare “Double Dunce,” Ethical And Political

I really don’t comprehend how this can happen with someone like Justice Clarence Thomas. Donald Trump, sure. But Thomas is smarter than this.

Between 2003 and 2007, Ginni Thomas, the Justice’s controversial wife and a hard-Right activist, earned $686,589 from the Heritage Foundation, according to a Common Cause review of the foundation’s IRS records. Yet Justice Thomas failed to note the income in his Supreme Court financial disclosure forms for those years. He checked a box labeled “none” where “spousal non-investment income” is supposed to be disclosed.

Federal judges are bound by law to disclose the source of spousal income, meaning that if the information found by Common Cause is accurate, Thomas did not comply with the law. SCOTUS justices are supposed to obey the law, even more than everybody else, in some respects. Legal ethics expert Steven Lubet (I used his legal ethics textbook when I taught the subject at American University!) says that a failure to disclose spousal income by a federal judge “is not a crime of any sort, but there is a potential civil penalty” for it. “I am not aware of a single case of a judge being penalized simply for this,” the professor says.

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Unethical Quote Of The Month: Georgia Republican Senate Candidate Herschel Walker

“You know, he without sin cast the first stone. Does my opponent believe in redemption, being a pastor? That’s what’s so funny. And I say that because I’m not gonna get into what happened with him in his past. I want him to do—what’s going on with his policy. He’s talking about something I was a part of over 15 years ago, maybe even longer.”

—Republican U.S. Senate candidate Herschel Walker, quoting Jesus from John 8:7 while ducking a question about allegations of his past domestic abuse.

Atlanta-based magazine Rolling Out asked Walker about domestic abuse allegations that occurred between 2001 and 2008. In Walker’s primary race against Georgia Agriculture Commissioner Gary Black, a campaign ad posted online claimed that police reports and court records from 2001 to 2008 indicated that Walker had “a history of physically abusive and extremely threatening behavior” involving his ex-wife, Cynthia Grossman who was   married to the former NFL star from 1983 to 2002. The question is a fair one, since earlier this month, Walker released his own campaign attack ad claiming that his opponent in the Senate race, Democrat Ralph Warnock “hit his wife with his car,” was “accused of neglecting his small children” and “ran from the process server” who tried to serve him court papers. Continue reading

The Apparent Democratic Party Strategy To Stave Off November Defeat: Lie Their Heads Off

The problem is that this plan depends on the full collaboration of the mainstream media, and cracks are appearing in that previously reliable alliance.

During a Democratic National Committee event, president Biden once again indulged some of his favorite pieces of misinformation (Did you know that Donald Trump lied all the time?). Biden said that gas prices have fallen by “$1.30 a gallon,” with the average now being “less than $2.99” in 41 states and the District of Columbia. He also said that the current unemployment rate of 3.7% is the lowest it has been in over half a century.

CNN, in the midst of a course correction (as in “maybe we should go back to actual journalism a bit”) debunked both statements. “Biden’s claim about average gasoline prices was false, as the White House acknowledged by correcting the official transcript after CNN inquired about the claim on Friday afternoon,” CNN reported. “In fact, zero states have an average price under $2.99 per gallon, figures from GasBuddy and the American Automobile Association show. As the correction notes, Biden got a key digit wrong: 41 states and the District of Columbia have an average price under $3.99, not $2.99….“But the price of gas is one of the most important numbers in politics. Even if the President made an inadvertent error this time, his incorrect remark was televised live on CNN and MSNBC.”

Later, Biden changed his story to say that “a few” states had average gas prices under $3. That was also a lie.

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