“Democracy Dies In Darkness” And Civic Literacy Dies By Trusting The Washington Post

A few days ago, we were treated to a Post science reporter trying to resuscitate Aristotles’ theory of gravity. Also a few days ago, a Post political reporter “informed” the renowned paper’s erudite and elite readership of the development above.

It’s hard to be more wrong than that news item. First, the Constitution is not “supposed” to include any Amendment that wasn’t ratified within the legal deadline. Thus the archivist isn’t “refusing” to add an unratified Amendment. It can’t be added. It’s not an Amendment!

But wait! There’s more, and it took a conservative law professor to point out the error:

February 2, 2022

Letters Editor

The Washington Post

letters@washpost.com

Re:Amber Phillips, ‘The never-ending fight over whether to include the Equal Rights Amendment in the Constitution,’ The Washington Post (Jan. 31, 2022, 2:22 PM EST), <https://tinyurl.com/m6n3wfts>.

Dear Letters Editor, 

Ms Phillips wrote that: “Two-thirds of the states have ratified the ERA, which meets the constitutional requirements for adding to the Constitution.” This is not correct. Article V of the United States Constitution, which governs the constitutional amendment process, requires ratification by the legislatures of ¾ of the states. In certain circumstances ratification is possible by the conventions of ¾ of the states, but those circumstances are not applicable to the proposed Equal Rights Amendment.

In any event, as long as the United States has 50 states, ratification requires action by ¾ or 38 states, and not 2/3 or 34 states.

Sincerely

/s/

Seth Barrett Tillman 

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Comment Of The Day: “Catching Up: Professional Ethics And The Challenger Disaster”

I was very pleased to receive this Comment of the Day by Ryan Harkins on the post “Catching Up: Professional Ethics And The Challenger Disaster,”  because it focuses on the ethics of risk, a great topic that EA hasn’t covered as well as it should. 

I’ll have one brief note at the end.

***

I was 4 and in preschool when the Challenger exploded. We watched the launch on TV before I went to school that day, and apparently it really disturbed me, because I bit another student and then hid under a table for the rest of the day.

Working at the refinery now, we get to revisit the Challenger explosion frequently (along with the Bhopal Union Carbide gas leak, the Texas City tanker explosion, the Texas City ISOM explosion, and a host of others) when discussing process safety. Michael West is absolutely right in that it isn’t simply a calculation of what the worst consequence is, but also the likelihood of that occurring.

Part of the reason the engineers’ concerns were dismissed was because the problem with the O-rings had been known and discussed for quite some time, and there had been numerous launches prior to this one that had been perfectly successful. In other words, NASA had gotten away with using the faulty O-rings before, so they saw no reason to be overly concerned this time around. Furthermore, the launch had already been delayed multiple times, and they were under intense pressure to launch. Why should they listen to the doom-saying of engineers when empirical evidence said the worst-case scenario was not going happen?

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Welcome February Ethics Warm-Up, 2/1/22: Yes, Whoopi Is Officially An Idiot

A Janet Jackson movie is playing on cable, so of course we’re going to hear, again, how poor Janet was unfairly and cruelly blamed for “Nipplegate,” when the supposedly family-friendly Super Bowl half-time show featured an uncleared rapey bit of choreography in which Justin Timberlake “tore” Jackson’s costume, revealing her breast. It all happened on this date in 2004. CBS got fined and the NFL got in trouble. Timberlake lied, wink-wink, calling it a “wardrobe malfunction,” which everybody thought was cute. Historical revisionism has Janet as a victim of a sexist culture because she was the focus of most of the criticism and not the man in the plot. But it was her breast, after all. She also lied, and has been lying for almost 20 years.

Here is what I wrote about it in part on the Ethics Scoreboard the year it happened. I had forgotten: Janey Jackson got the very first Jumbo!

Janet Jackson has now appeared on the David Letterman Show to deny that her infamous Super Bowl breast-baring was anything but an accident. Before we discuss what a ridiculously transparent lie this is, let us also ask, “Why bother?” The damage, whatever it is, is done. Nobody is going to believe her. This was a fine opportunity for Jackson to stand up, admit an error in judgment, and use her celebrity to endorse some ethical values, like honesty, taking responsibility for one’s actions, and contrition.

But nooooooo.

Janet wants us to believe the incident was an accident, completely unchoreographed or planned. Never mind that:

  • Justin Timberlake’s move uncovering Ms. Jackson’s breast occurred on a musical beat, corresponding to song lyrics referring to his “having her naked by the end of this song.”
  • Her costume conveniently had a detachable flap that would expose the breast without doing any damage to the rest of her outfit.
  • Her breast had a large, uncomfortable-looking decoration of some kind stuck to it, raising the obvious question of what it was doing there if it wasn’t intended to be seen.
  • Timberlake’s comments immediately after the show confirmed that the moment was choreographed…

Oh, just never mind. If this were a crime, any jury would find Jackson guilty beyond a reasonable doubt. Even the most dishonest people, when confronted with undeniable proof of their misdeeds, will usually confess. Not Janet Jackson.

Here’s your elephant, kid. This Jumbo’s for you!

1. Who can you trust? Justice Breyer was reportedly angry that his plans to retire at the end of the current SCOTUS term was leaked. Only close staff, family, his Supreme Court colleagues and the President had been made aware of his decision. He did not want to be a lame duck justice, and had asked his confidantes for confidentiality. Now the mystery of who betrayed Breyer’s trust is solved. Senate Majority Whip Dick Durbin (D-Ill.) told reporters yesterday that President Joe Biden’s chief of staff, Ron Klain, spilled the metaphorical beans.

If I were Breyer, my reaction would be to do what Donald Trump has done several times with leaks: make the leaker and the news media look foolish by changing course. I would not retire, after a betrayal like that, and make Democrats wait another term. Justice Breyer, however, doesn’t think this way Too bad. Continue reading

Ethical Quote Of The Week: Faculty Letter To GULC Dean Treanor In Support Of Illya Shapiro [CORRECTED]

So far, 106 professors from all points on the ideological spectrum have signed a letter to Georgetown Law Center’s Dean Treanor, telling him what should not have to be explained to a Top 20 law school dean: that “academic freedom protects [Illya] Shapiro’s views, regardless of whether we agree with them or not. And debate about the President’s nomination, and about whether race and sex play a proper role in such nominations more generally, would be impoverished—at Georgetown and elsewhere—if this view could not be safely expressed in universities.”

Shapiro, as discussed here, has been suspended (“put on leave pending an investigation”) by Treanor, and if past behavior by Georgetown Law Center is any indication, he is likely to be fired, forced to resign, or to have to humiliate himself by submitting to “sensitivity training” after a public confession of WrongThink.

Here is the letter, which appears to have been coordinated by the Foundation For Individual Rights in Education. Those seeking to add their names to the signatories can email facultyoutreach@thefire.org.

Disgracefully, no member of the GULC faculty has signed the letter to support their colleague—and the principles of freedom of expression and academic freedom at their own institution—as of this writing. Continue reading

It Reveals The Dire State Of U.S. Higher Education Culture That Dean William M. Treanor Of Georgetown University Law Center Isn’t The Most Unethical Law School Administrator Of The Past Year (It’s Close, Though…)

That distinction still has to go to Yale Law School Director of Diversity, Equity & Inclusion Yaseen Eldik and Associate Dean of Student Affairs Ellen Cosgrove, who persecuted, and and threatened a student in this infamous episode last Fall. Their victim is a student, which gives them an edge over Dean Treanor whose target is Ilya Shapiro, GULC’s newly hired director of the Robert A. Levy Center for Constitutional Studies and vice-president of the Cato Institute.

Just two days ago, I described Shapiro’s foray into the debate over President Biden’s looming Supreme Court nomination, which will have to be a black woman because race and gender are more important to the Far Left than qualifications, ability and experience in the branch of the government that protects the Constitution, but mostly because Joe promised he would while in Full Pander Mode as he fought for his party’s nomination to oppose President Trump in 2020. Shapiro issued a series of tweets that were crystal clear to anyone reading them rationally and honestly, making his case that Biden should be nominating Justice Breyer’s replacement on the basis of qualifications, ability and experience. A careless choice of words, however—this was Twitter, after all—gave race-baiters and progressive censors an opportunity to pounce, and they did.

Shapiro was accused of being a racist (of course); the law schools black student association demanded he be fired (also of course); and GULC’s ostentatiously woke Dean capitulated to the anti-free speech and anti-academic freedom mob, announcing yesterday to me and other “alumni/ae”, as the marvelous Dean I worked for, the late David McCarthy always called them…

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Sunday Ethics Fugue: Looking Like America

1. Right on cue...I am seeing an explosion of articles explaining why it is crucial that the Supreme Court “look like America.” This is one of many logically indefensible statements that is pounded into the brains of weak-minded members of the public because it sounds rational if you don’t, or can’t, think about it very hard. What is important about the membership of the Supreme Court is that it contain the best and least biased judicial scholars and legal analysts available, because then we will have the best Supreme court available. I don’t care what the Justices look like, and neither should anyone else. If the nine best legal minds happen to be black, great. If they are all female, or trans, or gay, or in wheelchairs, I don’t care, and neither should anyone else. What drives this particular brand of lookism is the presumption of bias, and judges are supposed to be, indeed are required to be, as free as bias as possible. Bias leads to lousy judges and lousy decisions. The “Make SCOTUS look like America!” crowd, which is almost exclusively on the left, want to substitute a balance of biases standard for the “as little bias as possible” standard. And, of course, the new eruption of this dumb theory is in order to make President Biden’s indefensible decision to place race and gender first among the priorities for picking Breyer’s replacement seem fair, just and rational, when it isn’t. It’s just political pandering.

2. This is a novel way to try to justify the anti-white bias...Jamelle Bouie, the full-time, race-baiting, race-obsessed black pundit formerly of Slate and now with the Times, was given an astounding two full pages in today’s Sunday Review to argue that history hasn’t sufficiently described just how awful slavery was. See, it wasn’t just evil, it was really, really, really evil. “Evil beyond measure!” Thus, we are supposed to extrapolate, it was so unimaginably evil that no current day policies devised to compensate for and make amends for that evil by the descendants of those not enslaved can ever be enough. (So stop bitching about giving blacks an edge in employment forever, because even that won’t be enough.)

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Catching Up: Professional Ethics And The Challenger Disaster

Because of non-ethical matters in the Marshall household, I missed posting about the January 28 anniversary of the Challenger disaster, as it is labeled among the thousands of Ethics Alarms tags. I have written about and alluded to the completely avoidable explosion of the Space Shuttle in 1986 many times (you can check here), and there may be no other incident that so perfectly encapsulates the complexities of professional ethics, especially in a bureaucracy. In 2016, I offered an ethics quiz on the topic.

In 2020, Netflix presented an excellent, if extremely upsetting, docudrama on how the fiasco unfolded, “The Challenger Disaster.”

I have used the tragedy in my legal ethics continuing legal education courses to force attendees to consider what might make them decide to breach legal ethics and place their careers at risk when an organizational client is hell-bent on what the lawyer knows, or thinks he or she knows, will be disastrous. Legal ethics rules are different from engineering ethics, though the latter has caught up considerably since the Space Shuttle explosion, and in part because of it. However, I view the ethics conflict in parallel situations in both professions the same, as well as situations in medicine, organized religion, the military, and government. When would, and should, professionals decide to do everything in their power to stop the consequences of a terrible decision when it is outside their role and authority to do so?

In my legal ethics seminars, a majority of lawyers ultimately say they would have done “whatever it took” to stop the Challenger’s launch, whatever the consequences, if they knew what the engineers knew. They said they would go to the news media, or chain themselves to the rocket if necessary. Of course, saying it and doing it are very different things.

Here is the most recent incarnation of my Challenger disaster legal ethics question, which I presented to government lawyers a year ago. What would you answer? It is called “The Launch.”

***

In 1986, Roger Boisjoly was a booster rocket engineer at Morton Thiokol, the NASA contractor that, infamously, manufactured the faulty O-ring that was installed in the Space Shuttle Challenger, and that caused it to explode. Six months before the Challenger disaster, he wrote a memo to his bosses at Thiokol predicting “a catastrophe of the highest order” involving “loss of human life.” He had identified a flaw in the elastic seals at the joints of the multi-stage booster rockets: they tended to stiffen and unseal in cold weather.  NASA’s shuttle launch schedule included winter lift-offs, and Boisjoly warned his company that sending the Shuttle into space at low temperatures was too risky. On January 27, 1986, the day before the scheduled launch of the Challenger, Boisjoly argued for hours with NASA officials to persuade NASA to delay the launch, only to be over-ruled, first by NASA, then by Thiokol, which deferred to its client. Another engineer, Bob Ebeling, joined Boisjoly and begged for the launch to be postponed, only to be overruled.

That night, Ebeling told his wife, Darlene, “It’s going to blow up.”

Question 1Should one or both of the engineers have “blown the whistle”?

  1. They did.
  2. Only the engineer who was sure that it would be a disaster.
  3. No, that’s not their role, their decision, or their call.
  4. After the explosion, but not before.
  5. I have another answer.

 Question 2: How are the ethical obligations in such a situation different for government lawyers than engineers?

  1. Government lawyers have to disclose when human life is threatened, engineers don’t.
  2. Engineers have to disclose when human life is involved, government lawyers don’t.
  3. Lawyers get kicked out of their profession for blowing whistles, engineers just get blackballed.
  4. There is no difference.
  5. I have another answer.

The Biden Supreme Court Pick Ethics Train Wreck

Wow, that was fast. This episode has turned into an ethics train wreck with record speed. Some ethics train wrecks slow down and stop after a few months; other roll on seemingly forever. The Trayvon Martin-George Zimmerman Ethics Train Wreck, which has included directly-related wrecks like the Ferguson Ethics Train Wreck and the George Floyd Ethics Train Wreck, is almost nine years old, and won’t stop until Black Lives Matter lies a-moldering in the grave. The 2016 Presidential Election Ethics Train Wreck is still going strong, with the Jan. 6 riot and the subsequent kangaroo court investigation in the House the latest cars to be hooked up. The Biden Supreme Court Ethics Train Wreck? At this point, where it stops, nobody knows.

It began before it was even certain Biden would get a SCOTUS nomination, when he first promised to name a black woman to the Court. That promise, which he quickly confirmed once Justice Breyer announced his retirement, was unethical “on its face,” as the Court might say. The statement means, and can only mean, that group identification is the primary priority for the President of the United Sates in nominating a crucial individual who will help determine the course of the nation’s laws, justice system, constitutional integrity and culture for decades to come. That function has nothing whatsoever to do with race or gender. Nothing. Being black, white, Native American or Asian does not make an individual more or less qualified for the job, and neither does gender. Biden’s statement literally means that he is placing tribalism and group identification biases above the substantive needs of the nation. That’s unethical. Other Presidents have done this, notably Ronald Reagan and George H.W. Bush. That’s no mitigation.

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“Equity Snowplowing” May Be On Its Way To Boston

This may represent The Great Stupid at its zenith. That’s good news, right? Maybe it can’t get any worse from here. Maybe this means the fever is about to break.

In my old home town (sort of) of Boston, Massachusetts, they were expecting about three feet of snow yesterday. Mayor Michelle Wu, a wildly left wing fanatic who became the celebrated first Asian-American female mayor of the city, thus embodying the Joe Biden Progressive Theory of Merit: race and gender is all you need to be qualified, has signaled that the eternal Boston snow problem might be solved because Tiffany Chu will be her new chief of staff.

Chu is an advocate of “equity snowplowing,” another terrible off-shoot of the court-driven concept of “disparate impact.” She explains her passion this way:

It’s about snow-clearing and if the concept of snow-clearing can be sexist and the answer is, yes, wholeheartedly! In 2012 a number of cities in Sweden adopted a gender-equal plowing strategy where, actually, first pedestrian cycle lanes were cleared, especially near schools and day-care centers and then later on major streets. What they discovered was that [the previous] societal practice actually disadvantaged women because they were the ones who were more likely to walk and travel with children while men who are predominantly working and commuting benefited from those major corridors being plowed first. There was actually a gender equity panel or committee in Sweden where they did some data analysis and discovered that 79% of the pedestrian injuries had occurred during winter. Of that 79%, 69% were women, two-thirds of which were individuals slipping on ice.”

Do I really have to comment on something this self-evidently idiotic and irresponsible? Sidney Wang (above) isn’t enough? Oh, all right…

Comments:

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How The News Media Deliberately Escalates Racial Discord…A Smoking Gun [Updated]

Nah, there’s no mainstream media bias!

This morning, Headline News devoted almost ten minutes to this earth-shattering event: in a basketball game a week ago between Laguna Hills High School and Portola High School, a single student in the stands shouted racial insults at Makai Brown, a black player for Portola, as he was shooting free throws. The HLN hostess announced the video of the section where the asshole student could be heard with a warning that I would expect for a decapitation video, or a geek eating live kittens.

“It is very disturbing,” she said. Yes, this spectator shouted “Who let him out of his cage? He’s a monkey!” and “Where is his slave owner? Chain him up! Who let him off the chains?” The student should have been forcibly shut up, or ejected. Would “High School Faculty Neglects To Eject Misbehaving Student from Gymnasium” normally rate national headlines?

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