Government & Politics

Greer’s Ranch Cafe Et Al. v. The United States Small Business Administration: No Government Discrimination Based On Race Or Gender Means No Government Discrimination Based On Race Or Gender

/ Jack Marshall / 12 Comments

OK to be white

When the government says that it isn’t OK to be white (or male), that’s not just unfair, it’s unconstitutional. Why is this so hard to grasp? Why is it controversial?

Texas federal district court Judge Reed O’Connor ruled last week that the Biden Administration was engaged in racial and gender discrimination in the administration of pandemic relief funds under the American Rescue Plan Act. NO! The BIDEN ADMINISTRATION handing out special benefits to women and blacks to the disadvantage of whites based on no other distinctions but race and gender? Impossible! Completely out of character!

Thanks, I had a huge sarcasm lump in my gorge that showed up on my last X-ray as a horseshoe crab. Whew! Finally got that thing out!

Judge O’Connor found that the Biden administration deliberately engaged in systemic gender and race discrimination in implementing Wuhan virus relief for American restaurants. Café owner Philip Greer sued the Small Business Administration arguing that he needs the same financial assistance as minority restauranteurs under the newly enacted American Rescue Plan Act, since his Greer’s Ranch Café lost over $100,000 during the pandemic. But Greer learned that he could not receive benefits from the Restaurant Restoration Fund approved by Congress because he is the “wrong” gender and the “wrong” color.

The White House and the Democratic-controlled Congress want women, minorities and “socially and economically disadvantaged” people” to be first in line. $2.7 billion already has been distributed through the fund and there are almost 150,000 pending applications from owners who will get preferential treatment over Greer. The SBA confirms it already has requests for $65 billion in payments under the fund. Greer worries that he might not get any assistance at all….because he is white. And—yecchh!—male.

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Morning Ethics Warm-Up, 5/25/2021: The George Floyd Ethics Train Wreck Is One Year Old Today

/ Jack Marshall / 21 Comments

happy-birthday-cake-for-1-years-old-girl_225938

It really is amazing: I have already read three references today to George Floyd’s death as a cultural watershed in the U.S. society’s recognition of racial injustice, yet there remains not a single piece of evidence or a logical argument that Floyd’s death had any relationship to his race whatsoever. This was a manufactured narrative that the news media deliberately advanced in flagrant defiance of the facts. I have challenged more indignant progressives than I can count to justify treating Floyd’s death as anything but negligence and brutality by a local cop who should never have been allowed to keep his badge. All they can come up with is that the officer was white, and Floyd was black—in other words, presumed racism based on skin color, which is itself racism, or that the episode had a positive impact, justifying treating it as something it was not. That, of course, is an “ends justifies the means” rationalization.

The ugly episode is a lesson, not in “racial reconciliation,” but in how events can be manipulated for political gain—in this case, involving violent protests and virtual societal extortion— if there is no trustworthy news source to keep the public informed.

Today is also the anniversary of another ethics low in U.S. history. It was on this date in 1861 that President Lincoln suspended the right of habeas corpus so he could keep a Maryland state legislator locked up on the charge of hindering Union troops.

SCOTUS Chief Justice Taney issued a ruling stating that President Lincoln did not have the authority to suspend habeas corpus, but Lincoln, channeling his inner Andrew Jackson, just defied the Court. Five years later, another Supreme Court case held that only Congress could suspend habeas corpus.

1. The Confederate Statuary Ethics Train Wreck misses its biggest target. Good. The giant images of Jefferson Davis, Robert E. Lee and Stonewall Jackson carved into Stone Mountain as Confederate nostalgia’s answer to Mount Rushmore have survived the latest effort to tear them down. The Confederate flags at the base of Georgia’s Stone Mountain, placed there by the United Daughters of the Confederacy, will be removed, and new exhibits will offer a more thorough history of the park, including the role the Ku Klux Klan and resistance to desegregation played in its creation. Also good. The thing is a pro-Confederacy monument to be sure, a defiant one, but it also is a piece of history that should be seen, debated and thought about.

Many dedicated historical censors are upset that the mountain art will not be blown up any time soon. arguing that racist anger, not a desire to honor the South’s heroes, inspired the monument’s creation. OK, and so what? It is a vivid historical relic. Fall River’s Joe Aronoski, 82, told the New York Times after touring Stone Mountain, “It’s American history. It shouldn’t be destroyed. What are you going to do? Make-believe the Civil War didn’t happen?”

Well yes, that’s the general idea behind statue-toppling: make believe any events that make some people “uncomfortable” didn’t happen.

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More On The Andrew Yang “Racist” Cartoon: Some Perspective From The Ethics Alarms Archives…

/ Jack Marshall / 11 Comments

In contrast to the political cartoon discussed in the previous post, THIS is a racist cartoon. Below is the Ethics Alarms post from 2014 titled, “9 Observations On The Boston Herald’s ‘Racist’ Cartoon”:

1. I’m adding this new #1 right at the beginning—there were originally only 8 observations—because some of the early comments suggest that I over-estimated some of my readers’ scholarship, historical knowledge and/or sensitivity on this issue, so let me be direct:  the reference to any African- American having an affinity to watermelon is about a half-step from calling him or her a nigger, and maybe even closer than that. Clear? This is not a political correctness matter. If the reference is intentional, there can be no debate over whether it is racist or not. It is. The President of the United States should not be subjected to intentional racial slurs.

2. I’m amazed—I just don’t know how this could happen. How could this cartoon make it into print? Cartoonist Jerry Holbert explained that he came up with the idea to use watermelon flavor after finding “kids Colgate watermelon flavor” toothpaste in his bathroom at home. “I was completely naive or innocent to any racial connotations,” Holbert said. “I wasn’t thinking along those lines at all.” Is this possible? In a political cartoonist? On one hand, since the racial connotation is so obvious and so predictably offensive, it seems incredible that a cartoonist for a major daily would dare offer such a cartoon unless he really didn’t perceive the racial stereotype it referenced. On the other, the man is a political cartoonist, not a Japanese soldier who’s been hiding in a cave for decades. How could he not know this? How could his ethics alarms, racial slur alarms, survival alarms not go off?

I don’t get it.

3. Hence the quotes around “racist.” The only way the cartoon makes any sense to me is if Holbert is amazingly, wonderfully non-racist, and completely color blind. The flavor of the toothpaste is innocuous if one doesn’t think in racial terms at all. Maybe he just thinks about the President as the President. If so, isn’t that terrific? Wouldn’t it be great if everyone was like that? Wouldn’t it be swell if a dumb detail like the flavor of the toothpaste in a cartoon that has nothing to do with race OR toothpaste wasn’t even noticed?

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Political Cartoon Ethics: No, There Was Nothing “Racist” About Bill Bramhall’s Andrew Yang Cartoon

/ Jack Marshall / 3 Comments

Yang cartoon

Some day, in a more mature and enlightened America, we will have non-male and non-white candidates for elective office as well as elected officials whose supporters do not use the politicians’ race or gender to unethically intimidate critics by crying “Bigotry!” when there is none. Some day. Or maybe not. Right now, it is clear that such politicians and their supporters just can’t help themselves. It’s cheap, it’s unfair, it’s dishonest, but as Harry Reid ( or Niccolò Machiavelli) might say, “It works!”

It needs to stop working. I consider the routine use of that tactic to stifle legitimate criticism as an valid, if not necessarily decisive, reason not to support female or minority candidates.

The latest despicable example of the practice arrived in New York City, where a mayoral race is heating up. Evelyn Yang, wife of candidate Stephen Yang, attacked New York Daily News’ cartoonist Bill Bramhall for a characature she called a “racist disfiguration” of her husband.

Bramhall, a boringly predictable progressive cartoonist who draws Donald Trump to look like he ate Orson Welles, mocked Yang by exploiting the common complaint that he’s not a real New Yorker, but a carpetbagger who is naive about the ways of The Big Apple. Mrs. Yang, however, tweeted,

“I can’t believe my eyes. To publish this racist disfiguration of @AndrewYang as a tourist, in NYC where I was born, where Andrew has lived for 25 years, where our boys were born, where 16% of us are Asian and anti-Asian hate is up 900%.”

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Ethics Dunce: University of Illinois Chicago John Marshall Law School

/ Jack Marshall / 4 Comments

Marshall

You knew I couldn’t let this one pass.

The UIC John Marshall Law School is officially changing its name to the University of Illinois Chicago School of Law. The decision, a capitulation to the unethical mentality of the cancel culture and historical air-brushing strategy embraced by the political Left, comes after months of review by a task force. The resulting report noted, “that despite Chief Justice Marshall’s legacy as one of the nation’s most significant U.S. Supreme Court justices, the newly discovered research regarding his role as a slave trader, slave owner of hundreds of slaves, pro-slavery jurisprudence, and racist views render him a highly inappropriate namesake for the Law School.”

The most influential and important jurist in U.S, history is a highly inappropriate namesake for a law school. Got it.

John Marshall was the fourth chief justice of the Supreme Court, (1801 – 1835), and the only essential one. He authored the majority opinion in Marbury v. Madison (1803) that established judicial review, giving the Court power to declare legislative acts and executive actions unconstitutional. Without Marshall, the Constitution wouldn’t work. He took a bold and controversial step to ensure that basic rights and principles would not be wiped out by a rogue Congress or a dictatorial President. How many landmark SCOTUS decisions does the nation owe to Marshall as a result? How different would our lives be without his deft adjustment to the balance of the Branches? Would the United States of America even exist at all?

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White Supremacy Confirmation Bias: How Do You Argue With Someone Who Reasons Like This?

/ Jack Marshall / 16 Comments

confirmation_bias

A blog that has been out there much longer than mine (and which conveniently leaves the blogger’s identity mysterious) argues that “implementing vaccine passports would be a white supremacist measure.” The Biden administration is encouraging such documentation, and the ultra-woke state of Oregon has announced that these will be required for its citizens to go unmasked in any indoor, public-access gathering. I am not concerned here with the wisdom of the policy. I want to know how anyone can have a rational conversation with someone who is convinced such a measure is evidence of “white supremacy.”

Whoeverthehellheorsheis writes,

“[P]oor people are much less likely to be vaccinated than higher-income persons…According to the long-set standards of Black Lives Matter and other critical-theory advocates, whether racial disparities like this are intended or not is irrelevant. These disparities are the results of racial discrimination and white privilege baked into the social-legal-medical networks for centuries. Therefore, it does not matter that this gap in immunization is not intended. It does not matter that the men and women managing the vaccine program and distribution, or administering it to the public, do not discriminate at the vaccine sites by the race of persons who come for the shots. Lack of deliberate intent does not excuse systemic racism. The fact that matters is this: “Black and Latino people are far more likely to live in poverty than white people, and despite having died at higher rates throughout the pandemic, they are receiving fewer vaccines than white people.” 

The argument is instructive, which is why I am bothering to publish it. If any disparity exists in any area where blacks and other non-white groups have statistically less positive outcomes than whites, it is per se proof of “white supremacy.” The fact of statistical variation is the proof, and reasons don’t matter. This is an especially useful example, because there is no reason at all for poor people or minorities not to be vaccinated. The vaccinations are free and ubiquitous. The greatest cost imaginable would be a cab ride. One doesn’t need online access to get one.

Minorities and poorer populations—they are not the same thing—are lagging behind in getting the shots, and by choice. Now, in the case of African Americans, an argument could be made that systemic flaws in the school system, or systemically rooted inadequacies in nutrition leading to cognitive damage, or pockets of African American culture crippled by paranoia and superstition as an outgrowth of centuries of abuse from slavery, are examples of harm from past white supremacy. However, a policy that only confers a disadvantage on a group because that group chooses to be disadvantaged cannot be condemned as an expression of hostility toward that group, or as a means of keeping that group disadvantaged.

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Ethics Miscreants In Yet Another Police-Involved Death Ethics Train Wreck

/ Jack Marshall / 13 Comments

Ronald Greene

Another death of a black man in an encounter with the police has re-emerged from 2019, this time from Louisiana. It has even more of the unethical elements of past tragedies/botches/fiascos than usual, and the cast of characters are all playing their now familiar parts to maximize the likelihood of protests, riots, political grandstanding and confusion, not to mention more deaths and further damage to race relation and law enforcement. Good job, everyone!

This is a true ethics train wreck, because nobody, literally nobody, who has been involved with the episode so far has behaved ethically. At this point, I see no hope that the mess can be cleaned up, but maybe we can learn something from how thoroughly another Police Meet Black Lawbreaker disaster has been mishandled by everyone to ensure the worst conceivable outcome. In no particular order, here is a list of those responsible for the Ronald Greene Ethics Train Wreck.

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Ethics Observations On Declining Support For Black Lives Matter

/ Jack Marshall / 11 Comments

Here are two charts from a New York Times opinion piece on changing public views regarding Black Lives Matter:

BLM support 1

BLM support 2

The piece compares polls to polls, so perhaps justifies more faith than the usual poll-based analysis. The authors’ biases are nicely flagged by their occupations and affiliations. Both are professors at extremely Left-tilted institutions with faculties where conservatives have to wear disguises, if they exist there at all. Jennifer Chudy is an assistant professor of social sciences and political science at Wellesley College who studies white racial guilt, sympathy and prejudice. The fact of that area of concentration defines the confirmation bias involved. Hakeem Jefferson is an assistant professor of political science at Stanford University, and he studies studies race and identity. To be direct, both professors depend on finding racism in America to justifying their academic existence. They are part of the race grievance industry. Chudy is Asian-American; Jefferson is black.

The article introduces its subject, the changing level of support for Black Lives Matter—the organization, not its deceitful slogan—this way:

“Though there is, in the data, reason for some optimism, the more general picture contradicts the idea that the country underwent a racial reckoning. Last summer, as Black Americans turned their sorrow into action, attitudes — especially white attitudes — shifted from tacit support to outright opposition, a pattern familiar in American history. Whereas support for Black Lives Matter remains relatively high among racial and ethnic minorities, support among white Americans has proved both fickle and volatile.”

Talk about broadcasting one’s bias up front! By “some optimism,” it is clear (especially after reading the whole article) that the authors mean “public support for the admirable movement/group Black Lives Matter in American society may have staying power if we can just find a way to deal with these racist white people.” I have some optimism after seeing those charts as well. In my case, however, “some optimism” means “maybe the public is finally catching on to this destructive con job by Marxist race-hustlers.”

Other observations:

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Dear Hawaii: Aloha! You Can Be A State, Or You Can Be A Country. Pick One.

/ Jack Marshall / 13 Comments

Surfer Hawaii

This was news to me: in the World Surf League and in international surfing competitions generally, surfers from Hawaii can represent island, or the United States. If they represent Hawaii, they are not regarded as representing the U.S.

Surfing will be an event in the Summer Olympics in Tokyo, and the option of just representing Hawaii will disappear. Hawaiian surfers will represent the United States, since, after all, Hawaii is a state. This, believe it or not, is causing outrage and consternation in the Aloha State. Two of the four Americans on the team, John John Florence (above) and the four-time world champion Carissa Moore, were born and raised in Hawaii and are accustomed to competing under the state flag. Moore is doing so again this month as the global tour holds major events in Australia.

Across the islands, on cars and on porches, Hawaii flags fly upside down, signifying distress. “Hawaii has had so much erased history,” said Duane DeSoto, the 2010 longboard world champion, told the New York Times. “Surfing prevailed against the possible suppression into oblivion. It endured the challenge of being exterminated at one time. And now it needs to be a source of Hawaiian pride.” Another surfer said, “In surfing culture worldwide, everybody looks at Hawaiian surfing as different. Even California surfers look at Hawaii different. But the Olympics see us as the same.”

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Addendum To “Stop Making Me Defend Chris Cuomo!”…

/ Jack Marshall / 2 Comments

Cuomos

Apparently I wasn’t clear enough in the previous post, so allow me to address that.

Just as it is hypocritical in the extreme for any journalist, and certainly CNN, to tut-tut at Chris Cuomo for behaving exactly as biased, partisan, unethical and dead ethics-alarmed journalists do, it is absurd and self-defeating for alleged critics of our ethics-free journalism to stomp on Cuomo as if he did anything anyone paying attention should have known he would do without a second thought. (I assumed that the clip from “Casablanca” would make that sufficiently obvious. Guess not.)

The point is not to claim that Cuomo advising his high elected official brother in an official, if private, meeting of his aides is what an ethical journalist can or should do. Of course an ethical journalist shouldn’t do it. The point is that there are no ethical journalists; the journalism “profession”—the quotes are because professionals must be trustworthy, and anyone who trusts today’s fake journalists is a sucker—no longer has any ethical standards. Therefore a member of the “profession” who violates what are already dead letters cannot be said to have breached any “norm;” and we should not allow phony criticism of Cuomo to delude us into thinking otherwise.

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