Government & Politics

Stupid Ethics Or Unethical Stupidity, Will Someone Please Explain To Alabama Why Appearances Matter?

/ Jack Marshall / 16 Comments

Alabama-county-mapThis opens a fascinating inquiry. Is it unethical for a state to appear stupid? Is appearing to be unethical inherently stupid? If something looks incredibly unethical but is really just stupid, then is it unethical anyway?

Welcome to Alabama.

Alabama is in a dire budget crisis and must cut state services. So this week it announced that 31 satellite state Motor Vehicle Division offices would no longer have access to driver’s license examiners as a result of the cuts. Alabama added a controversial voter photo-ID law last year, and opponents who argue, like the Obama Dept. of Justice, that the idea of making sure that voters are who they say they are is part of a plot to deny the vote to African Americans could not have asked for a smokier gun. Of the ten Alabama counties with the highest percentage of non-white registered voters—Macon, Greene, Sumter, Lowndes, Bullock, Perry, Wilcox, Dallas, Hale, and Montgomery, according to the Alabama Secretary of State’s office—Alabama is closing driver license bureaus in eight of them. Every county in which blacks make up more than 75 percent of registered voters will see satellite DMVs closed.

If  Alabama was looking for a way to validate the “disparate impact” principle where a state can be found to be racist by  the impact of its actions whether or not there was racist intent, it could not have done better. If it was trying to give ammunition to those who have argued that the Supreme Court “gutted” the Civil Rights Act when it ruled that the 1965 criteria that allowed the Justice Department to assume racism when an old Confederacy state was involved was out of date, and either new data had to be used or states with Stephen Foster songs as their State anthems were going to have to be treated like all the other states and allowed to govern themselves, it could not have been more effective.

“Make IDs essential to vote, then make it harder for blacks to get drivers licenses! What an ingenious plan! BWAHAHAHAHAHAHA!!! Nobody’s going to see through that!

Or was it:

“Well, gotta cut somewhere—hey, lets; close the DMVs in these counties I just hit with those darts. What? Oh, who cares what the demographics are…we aren’t trying to target anyone…everyone knows that Alabama has a history of being fair and just! Want to go out back and juggle chain saws with me?”

What a conundrum. Stupid? Unethical? Stupid and unethical? So obviously unethical that it’s self-destructively stupid? So stupid that it is unethical for anyone that handicapped to be placed in a position of influence? Continue reading →

Ethics Heroes: Five Democratic Economists

/ Jack Marshall / 4 Comments
Senator Warren, who is always right.

Senator Warren, who is always right.

Senator Elizabeth Warren (D-Mass)  was annoyed that Robert Litan, a nonresident and unpaid economics fellow at the reliably liberal Washington think tank, the Brookings Institute, dared to author a study critical of financial advisor regulations being pushed by Warren and the White House. Thus she sent a letter to Brookings last week, challenging the independence of the study and the integrity of Litan, since the study was, as Litan states up front, “supported by the Capital Group, one of the largest mutual fund asset managers in the United States.”

Warren called the report “highly compensated and editorially compromised work on behalf of an industry player seeking a specific conclusion.”

You know, unlike the various donors to Warren’s political war chest, who are not trying to buy specific policies and votes from her.

Literally hours after receiving the letter, Brookings, knowing which side of the bread its butter was on, dutifully forced Litan to resign.

The issue isn’t whether the policy Warren wants is a good one or not; personally, I tend to agree with Warren on the need for the regulation, which would make 401(k) and 403(b) advisors as well as other compensation-related retirement plan advisors be subject to fiduciary duties. the issue is Warren’s embrace of the increasingly popular tactic from the Left of dealing with adversaries by silencing them. Continue reading →

Further Notes On “Stuff Happens,” “DO SOMETHING!!!” And The Dishonest, Hysterical And/Or Delusional Anti-Gun “Position”

/ Jack Marshall / 23 Comments

1) In the clip above, the National Review’s Charles C. W. Cooke asks MSNBC analyst Mark Halperin and “Morning Joe” house progressive Mika Brzezinski to explain what kind of measures would satisfy the hysterical calls of a Morning Joe panel to “DO SOMETHING!!!” about gun violence. Cooke referenced the President’s angry (irresponsible, partisan, useless) attack on Congress’s failure almost immediately after the mass shooting at Umpqua Community College in Roseburg, Oregon, and accused ant-gun forces of acting as if they had solutions to gun violence (that don’t involve trashing the Bill of Rights) when they don’t. [I pointed out in yesterday’s post that they don’t because there aren’t any.] He said to Halperin:

“Joe Biden doesn’t know how to fix this problem. I don’t know how to fix this problem. I think it’s fair to say you don’t know how to fix this problem. It’s a very complex question in a country with 300 to 350 million guns on the street. The way they talk is as if they have the answer and there are these recalcitrant forces in the country that say ‘no, no, no,’ even though deep down they know their legislation will work. That’s simply not the case. It’s far more complicated than that.”

As you will see, Halperin had no actual proposals, ducking the issue by saying that he’s “not an expert in the field.” But he said that he wanted leaders to “have a thirst and hunger and passion to try to come up with solutions.”

I will accept this as a legitimate argument as soon as I hear any plausible solution that does not involve banning guns, making it excessively difficult for law abiding citizens from arming themselves, or engaging in pre-crime measures against citizens who have had episodes of mental illness or who are suspected of having such episodes. The proposals I have heard are incremental and will not accomplish the goal, ergo more obtrusive measures will be proposed and pushed by identical arguments and hysteria, until…we end up banning guns, making it excessively difficult for law abiding citizens from arming themselves, or engaging in pre-crime measures against citizens who have had episodes of mental illness or who are suspected of having such episodes.

Either anti-gun “DO SOMETHING!” advocates like the President, Mika and Halperin know this, intend it and are not being honest about it, or they are naive.

2) Jeb Bush responsibly addressed the impulse to stampede support for ill-considered solutions in the wake of tragedy…

The text:

“Yeah it’s a — we’re in a difficult time in our country, and I don’t think more government is necessarily the answer to this. I think we need to reconnect ourselves with everybody else. It’s just, it’s very sad to see. But I resist the notion, I had this challenge as governor, because, look, stuff happens, there’s always a crisis. And the impulse is always to do something, and it’s not necessarily the right thing to do.”

You will note that Bush did not shrug off the Oregon shooting by saying “stuff happens.” Nonetheless, the completely principle-free Debbie Wasserman Schultz mischaracterized what Bush said with a fatuous tweet:

“A message for Jeb Bush: 380 Americans have been killed in 294 mass shootings in 2015 alone. “Stuff” doesn’t just “happen.” Inaction happens.”

Inaction regarding what, you shameless hack? What action are you proposing that would actually prevent a shooting like this week’s? Or the Norfolk shooting of the TV reporter? Bush is absolutely correct: bad stuff happens, and that does not mean that the government can or should rush to “DO SOMETHING!” Continue reading →

Comment of the Day: “The Pope’s Smoking Gun”

/ Jack Marshall / 5 Comments
Archbishop Carlo Maria Viganò, the Vatican Ambassador, now residing under a bus...

Archbishop Carlo Maria Viganò, the Vatican Ambassador, now residing under a bus…

The blatant dishonesty of Pope Francis posing as an apolitical moral authority while engaging in outright political advocacy before the U.S. Congress, as he accepted accolades from manipulative partisans who have no interest in religion but who nonetheless were delighted to exploit his influence for their own purposes, was nauseating. Nearly as nauseating was the furious attempts by Catholics as well as these Pope fans-of-convenience to spin his comments and his conduct in support of Kim Davis, and by extension, her rejection of gay Americans and the ruling by the U.S. Supreme Court.

After several days of stonewalling, the Vatican decided on a strategy that should be familiar to anyone who follows U.S. politics: make a lesser official the scapegoat. The difference, of course, is that because this is the Pope, we are supposed to accept such standard duck-and-cover strategies as (heh) the gospel truth. I was preparing to write a post about the furious spinning going on to excuse the Pope’s inexcusable conduct when the Vatican spoke up, and Rich in Ct did an excellent job analyzing the ethics carnage.

Here is his Comment of the Day on the post, The Pope’s Smoking Gun. I’ll be back at the end: Continue reading →

Regarding Gun Violence, CNN’s Alisyn Camerota Can’t Handle The Truth…and She’s Not The Only One.

/ Jack Marshall / 238 Comments

This morning on New Day, CNN’s Alisyn Camerota this morning hectored and badgered a GOP Congressman—as soon as I find the video, I’ll add his name–on the issue of gun regulations in the aftermath of the most recent mass shooting. Her fevered attitude and rhetoric, combined with the Congressman’s measured responses, should serve as a template for the commentary on future shootings.

It was an infuriating conversation, and like all recent conversations and speeches about guns, including the President’s irresponsible statement following yesterday’s shooting, it springs from an unwillingness to face facts, accept the nature of rights, and to be straightforward about what gun control proposals really mean.

The following are facts. Alisyn Camerota, like the President, and like her partner Chris Cuomo, who opined that anyone opposing gun control was “delusional,” either can’t accept them, or is unwilling to be honest and candid about their implications.

1)  Rights, if they exist and are upheld by the government, will always be abused by some people.

2) The only way to stop people from abusing rights is to end the rights. Continue reading →

KABOOM! Justice Sonia Sotomayor Is A Supreme Ethics Dunce

/ Jack Marshall / 19 Comments

HeadExplode3

Sonia Sotomayor is far from my favorite Supreme Court Justice, as she is the court’s most vocal advocate for pro-minority discrimination and a practitioner of touchy-feely law. Still, I assumed she had integrity, or at least my skull did,  because it exploded all over the place when it learned the truth.

Federal employment law forbids employers from having unpaid positions unless they meet stringent requirements of providing genuine educational experience to such workers while not personally (as opposed to professionally) benefiting from their services. Nevertheless, Sotomayor has used  unpaid interns as her servants —not law clerks or researchers, but servants—since 2010. Continue reading →

Robert Samuelson And Social Security’s Pro-Rich Bias

/ Jack Marshall / 23 Comments
A typical nuanced view of the problem...

                                    A typical nuanced view of the problem…

My father was in the private pension business before he died, and the idiocy of how Social Security was set up drove him to distraction. I’m pretty sure he voted for Ross Perot in 1992 because Perot argued that it made no sense not to means test the program. I’m tempted to take a copy of Robert J. Samuelson’s op-ed last week to Arlington National Cemetery and leave it on his gravestone.

Samuelson is reliably one of the most rational, thoughtful and probing of all the op-ed columnists. Last week he wrote about how the life-expectancy gap between the wealthier segments of U.S. society and the poorer ones made Social Security as it is currently constituted a significant contributor to the income gap that progressives desperately want to make a key issue in the 2016 election, because dividing the nation by class (and race, ethnicity, religion and gender) is a big part of their playbook.

He wrote…

“The figures come from a new report by the National Academies of Sciences, Engineering and Medicine, which estimated life expectancies for workers born in 1930 (now 85) and 1960 (now 55) at age 50. The findings are stark. For the richest fifth of men, there was a 7.1-year increase in life expectancy, from 81.7 for those born in 1930 to 88.8 years for those born in 1960. Meanwhile, for the poorest fifth of men, life expectancy fell slightly, from 76.6 years for those born in 1930 to 76.1 for those born in 1960. The changes for the remaining men also parallel income: For the second richest fifth, the increase was 8 years to 87.8 years; for the third richest, 5.3 years to 83.4 years; and for the fourth richest, 1.1 years to 78.3 years.”

Nobody should be surprised that wealth equals health. It is difficult to pinpoint why the gap is so large, but should we have to? It seems intuitively obvious. Many  disadvantages–race, upbringing, family stability, good roles models, education, character, intelligence, opportunities, culture, neighborhoods—that undermine quality of life simultaneously or in combination with each other handicap earning ability  and health before we even get to the question of medical care.

Samuelson goes on… Continue reading →

The Pope’s Smoking Gun

/ Jack Marshall / 61 Comments

Papal MitreI have been touched by the passionate defenses of the Pope during his visit here, by sincere believers who desperately wanted not to see what was going on. If only Pope Francis respected his supporters enough to live up to the ideals they projected on him, which included insisting, against all evidence, that he was merely talking in broad, moral generalities to Congress rather than lobbying for progressive policies, like making illegal immigration legal.

He was, we were told, only showing us where “true North” was according to the Church. I guess he just forgot to bring up abortion, which the Church regards as murder (and Joe Biden too, when he’s not playing politics) as he was lecturing our legislators about “human rights.”

The second he returned home, the Pope threw gay couples under the Popemobile, stating that Kim Davis’s position as a government official refusing to obey the law was a “right.” Again, his defenders insisted that this was just an abstraction. Now we hear from Davis’s lawyers that she had a secret meeting with Pope Francis. Davis says that he hugged her, gave her a rosary, and told her to “stay strong.”

“That was a great encouragement. Just knowing that the pope is on track with what we’re doing, it kind of validates everything to have someone of that stature,” Davis said.

Naturally, those who can’t handle the truth will say she is lying. There is no evidence that Kim Davis is untruthful, and her lawyer would be facing discipline if they falsely reported what did not occur. This really happened. Continue reading →

Ethics Dunce: The Ninth Circuit Court Of Appeals

/ Jack Marshall / 11 Comments
The unethical prosecutor in US v, Flores. Watch out for her!

The unethical prosecutor in State v. Flores. Watch out for her!

It’s always heartening to see a court cite the 1935 Supreme Court case of  Berger v. United States, 295 U.S. 78, (1935), famous in legal ethics circles for its ringing statement that government lawyers must understand that their obligation “in a criminal prosecution is not that it shall win . . . , but that justice shall be done.”  The principle has been extended by some judges to civil cases as well, making the point that the government in any legal dispute should be interested only in the best interests of citizens and getting the case right. It is less heartening when the cite is in a dissent, as in this case.

The Ninth Circuit, reviewing a conviction for illegal drug importation, conceded that the prosecutor crossed into unethical territory by misstating the law,misstating the defendant’s testimony, and improperly vouching for a witness. Nonetheless, the court in State v. Flores concluded that this misconduct didn’t rise to the level of “plain error,” meaning that the defendant would have been found guilty anyway:

“In sum, while the government misrepresented Flores’s testimony and misstated the law on multiple occasions, in the context of the trial as a whole, it is unlikely that the jury was misled about the law or the facts.”

That’s right: the government misrepresented facts and law, but the jury was probably not misled. Continue reading →

Ethics Dunce: The State of Illinois

/ Jack Marshall / 10 Comments

illinois-lottery

State lotteries are unethical, of course, being regressive crypto-taxes on the poor, dumb and gullible installed by gutless legislators to avoid more responsible revenue sources that might cost them votes. Illinois isn’t alone among the states engaging in these shameless scams; indeed it is in the vast, vast majority. This particular slippery slope also slipped exactly as the worst doomsayers predicted, with lotteries leading inexorably to widespread casino gambling and an explosion of gambling addiction and its attendant ruination. But never mind.

Illinois is not an ethics dunce for having a state lottery, although it is. Illinois is an ethics dunce for being the only state that has a state lottery and doesn’t pay up when one of those poor, dumb, gullible citizens gets lucky and wins a bundle. The state is in the throes of a huge fiscal deficit, and because the legislature and governor have failed to agree on a 2015-16 budget for the fiscal year that started July 1, the Illinois comptroller’s office doesn’t have  authority to write checks over $25,000. Lottery winners who have won that much or more when the ping-pong balls popped their way have been waiting for their giant checks. Meanwhile, the state continues to pay the salaries of those working inside the Illinois Lottery and the private company that manages it, and the lottery continues to advertise the games and sell tickets. Continue reading →