History

Still Not Scared? How About THIS…?

/ Jack Marshall / 25 Comments

During a closed meeting on this week, Attorney General Merrick Garland met with 35 state supreme court chief justices to urge their cooperation on limiting evictions. Garland praised the Michigan Supreme Court for giving tenants more time to apply for rental assistance by directing courts to stay eviction proceedings for up to 45 days. The AG also saluted the Texas Supreme Court for helping tenants facing lawsuits by sending them notices with assistance options.

The 35 justices should not have accepted Garland’s invitation (or was it a command?) Those who did accept should have ostentatiously walked out as soon as his purpose became clear. To call the meeting inappropriate is itself inappropriate: this was a straight up violation of the separation of powers, and a breach of professional ethics for everyone involved. Garland works for the President: he’s part of the executive branch. He’s also a litigant or a potential one in the matter he was discussing. The is an ex parte communication, as he well knows.

For the White House’s agents to strong-arm, or attempt to, members of the judiciary to allow the President’s party to pursue an unconstitutional policy is one more step to undo the structure of American democracy. This is a pure IIPTDXTTNMIAFB (“Imagine if President Trump did X that the news media is accepting from Biden.”). Creeping autocracy! Democrats and their puppet media would scream. Defying democratic traditions and weakening institutions! Except, you see, Donald Trump never did anything like this, and if he did, I assume all those good Democrats and progressives among the justices would have used the opportunity to call for impeachment, and the Republican chief justices, having respect for the Constitution, would refuse to attend.

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Time Travel Ethics: The 1961 ABC TV Schedule

/ Jack Marshall / 25 Comments

I owe Ann Althouse for finding this; I never would have, especially since I’m disgusted with YouTube.

Above is a montage of all of the TV series offered to the public by ABC in the Fall of 1961. It’s worth noting that in 1961 the Fifties culture was still going strong, though JFK had replaced Ike as President. What we think of as the cultural Sixties didn’t really start until after Kennedy’s assassination in November of 1963. Also worth noting: ABC was the perennial least watched network on 1961. That meant they took the most risks, but ’61 was not a good year for ABC.

What can we learn from the montage? Culture is ethics and ethics is culture; this is a snapshot that shows what a large percentage of Americans watched at night, and what contributed to their worldview. It is fair to say, I think, that nothing in popular culture today influences an many people as even ABC’s prime time schedule did. The snap shot reveals where the nation has progressed, and what it has lost. In 60 years, there is a lot to consider.

Some Observations:

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Ethics Observations On The Cuomo Resignation [Updated And Expanded]

/ Jack Marshall / 31 Comments

cuomo resigns

Just as the news media and others had convinced themselves that New York Gov. Andrew Cuomo was determined to draw out the impeachment process, insist on his innocence and remain defiant, he resigned, saying today that he would officially step down in 14 days.

I cannot find a full text of Cuomo’s resignation speech, not is there a video that WordPress lets me embed. You can watch it here.

Ethics Observations:

1. Good. Everything else aside, resigning was the right thing to do, and the best outcome for the state. It doesn’t matter if the resignation itself was graceful or appropriately contrite— it wasn’t—or whether Cuomo would have stayed on and roiled the government indefinitely if he thought he could survive. It’s the most ethical decision even if his reasons for it and his method of doing so were unethical.

2. Hanging around for two weeks after resigning is unusual for an elected official resigning during a scandal. Cuomo will be a kind of super-lame duck. In theory, saying two weeks to help with an orderly transition is responsible. In practice, I expect it to be chaotic. He may not last the full 14 days.

3. Cuomo began his announcement by attacking the accusations against him and the process that brought hum down. So much for accepting accountability and admitting wrongdoing. He blamed the political environment (“there are many motivations at play, if anyone thought otherwise they would be naive”), his political enemies, social media, and rapid cultural changes that were just too darn sudden. He never admitted that he did something wrong. Incredibly, Cuomo presented himself up as a victim.

4. And, incredibly enough, a selfless hero. “I work for you and doing the right thing is doing the right thing for you because as we say, it’s not about me, it’s about we,” Cuomo said, agreeing that fighting the wave of opposition in the wake of the sexual harassment accusations would throw New York into months of turmoil. “I cannot be the cause of that,” he said. “The best way I can help now is if I step aside and let government get back to government. And therefore that is what I’ll do, because I work for you, and doing the right thing, is doing the right thing for you” What a guy! This is, as we know by now, standard face-saving strategy. It’s still nauseating when it is not accompanied by a genuine apology and an acknowledgement of wrongdoing.

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End Of Week Ethics Bombs, 8/6/21

/ Jack Marshall / 15 Comments

Hiroshima

August 6, 1945 is one of the most important ethics days of all, and among the most controversial. The United States bomber Enola Gay—now on exhibit in a hangar near Dulles Airport, dropped the first atomic bomb on the Japanese city of Hiroshima. Approximately 80,000 people were killed in seconds, and another 35,000 were injured. More than 60,000 would be dead by the end of the year from the effects of the fallout. Was the launching of the nuclear age by the United States ethically justified to save American lives (an invasion of the Japanese mainland had been estimated to risk a million U.S. casualties) and end the war? Was President Harry Truman guilty of a war crime, as non-combatants, including children, constituted most of the deaths? Did the horrible results of the new weapon prevent World War III, or make it more likely? These are still intensely debated questions by scholars, historians, theologians, military strategists, philosophers and peace activists.

1. Well, I’ve been spoiling for a fight, shopping around Northern Virginia and fining myself one of the few unmasked. So far, nobody’s said a word, but anyone who does is in for it. I’ve been vaccinated twice and probably had a mild, symptom-free infection before that. I have always been unusually resistant to viruses. Mask fog up my glasses and make me miserable. If you have chosen not to get your shots, swell, that’s your choice, but your exercise of personal liberty is not going to restrict mine without a fight. And don’t tell me I have to wear a mask so phobics feel “safe.” That’s not my problem either. I am not inclined to “social distance,” either. The mask fetish is going to strangle community, society and the joy of life unless we draw some hard lines. I’m drawing.

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President Biden Does His Andrew Jackson Impression, And It Is Not Becoming

/ Jack Marshall / 11 Comments

Andrew-Jackson

President Jackson is quoted as saying, after learning of his rebuke by the U.S. Supreme Court in Worcester v. Georgia, “John Marshall has made his decision; now let him enforce it.” That was “King Andy,” though and through, whether he actually said it or not. Jackson’s contempt for the ruling, which supported Native American sovereignty, contributed to its violation by other courts and Georgia laid the groundwork for the unlawful removal of Cherokees from the state in what became know as “The Trial of Tears.” Jackson did some important things as President, and has a strong argument as a great one, but his willingness to violate the Constitution when it suited his convictions is hard to justify, even when his desired end seemed to be worth his illegal means. Jackson (a Democrat) was Donald Trump’s favorite President, but it is Joe Biden who is openly channeling him now. The difference is that few Democrats, mainstream media journalists and pundits are screaming that Joe is a threat to Democracy. Yet what he is doing really is such a threat.

This spring, a court struck down the nationwide eviction moratorium adopted by the Trump administration last September at the height of the pandemic lockdown, ruling that the Centers for Disease Control and Prevention had no statutory authority to extend it. The case was appealed, and five justices of the Supreme Court signaled that they agreed with the lower court as they simultaneously voted to allow the eviction freeze to stand because it was set to expire just a few weeks later, on July 31, anyway. Any fair reading of the opinions make it clear that the SCOTUS majority holds that the eviction freeze cannot continue beyond that date without an act of Congress.

Never mind! President Biden announced his support for extending the eviction moratorium, unconstitutional or not. It was later preserved by a divided Supreme Court despite the view of a majority that it was unconstitutional. Though he acknowledged that his administration’s legal experts overwhelmingly told him that any extension would violate the Constitution, he said it was worth extending the moratorium because it would take time for a court to intervene, giving his administration time to “get $45 billion dollars out to people who are in fact behind on the rent and don’t have the money”despite the lack of constitutional authority to do so. In other words, they would have time to break the law before they had to stop.

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Monday Morning Ethics Warm-Up: All Sorts Of Games, But Not The Fun Kind…

/ Jack Marshall / 9 Comments

Wow, the ethics train wrecks that pulled out of the station on this date: Irag invading Kuwait in 1990, the conclusion of the disastrous Potsdam Conference in 1945, and the ascension of Adolf Hitler to dictator of Germany in 1934! Maybe we should just skip August 2 on the calendar like some buildings have no 13th floor…

1. This is good news, sort of…The American Civil Liberties Union of New Jersey announced that the obscenity charges against Andrea Dick for refusing to take down her “Fuck Biden” banners had been withdrawn by the town of Roselle Park, New Jersey. A municipal court judge had ordered Dick to take down the three flags, finding that they violated the town’s obscenity ordinance, which was ridiculous: the ordinance defines obscenity as anything that “appeals to the prurient interest; depicts or describes in a patently offensive way sexual conduct as hereinafter specifically defined, or depicts or exhibits offensive nakedness as hereinafter specifically defined; and lacks serious literary, artistic, political or scientific value.” Dick was not calling for a gang rape of Joe Biden. Moreover, his ruling was in direct opposition to the Supreme Court’s landmark 1971 ruling in Cohen v. California. We discussed the case here.

I say “sort of” from a Golden Rule perspective. I sure wouldn’t want her as a neighbor. This is squarely in the “right to be an unethical jerk” category. But the government tried to intimidate her out exercising her right to free speech, and whatever else she is, Dick is not a weenie.

She should give lessons.

2. Today’s American Olympics narcissists: Raven Saunders and Race Imboden. Even though they were directed by the nation they represent not to make political theater out award ceremonies in Tokyo, Saunders, a silver medal winner in the women’s shot put, and Imboden, a bronze winner in foil, went ahead with obnoxious grandstanding anyway. Imboden, who is a serial offender, had a symbol marked on his hand, while Saunders treated fans to this attractive display:

Raven protest

They were protesting injustice or something, as if anyone cares or should care what they think. It’s not their stage to abuse. Apparently there is a big debate over what the U.S. officials and Olympics authorities should do. Easy: send them home, take their medals, and ban them from representing the U.S. again. They were warned.

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Sunday Ethics Warm-Up, 8/1/2021: Simone Biles-Free Zone Edition!

/ Jack Marshall / 22 Comments

Tower shooting

I don’t think that we need to debate the ethics of deranged mass shootings. The first one I was ever aware of occurred on this date in 1966. Charles Whitman, a former Eagle Scout and Marine, brought a stockpile of guns and ammunition to the observatory platform atop a 300-foot tower at the University of Texas. He had packed food and other supplies, and before settling in for 90 minutes of deadly target practice, killing some victims from as far away as 500 yards—he was a trained marksman—Whitman killed the tower receptionist and two tourists. He eventually shot 46 people, killing 14 and wounding 32 before being killed by police. The night before, on July 31, Whitman wrote a note saying, “After my death, I wish an autopsy on me be performed to see if there’s any mental disorders.” Whitman then went to his mother’s home to murder her, using a knife and a gun. He returned home to stab his wife to death.

Whitman’s story does raise medical ethics issues. He was seeing a psychiatrist, and in March told him that he was having uncontrollable fits of anger. Whitman apparently even said that he was thinking about going up to the tower with a rifle and shooting people. “Well, your hour is up, Mr. Whitman. Same time next week, then?” The intersection of mental illness with individual rights continues to be an unresolved ethics conflict 54 years later. In addition, the rare but media-hyped phenomenon of mass shootings has become a serious threat to the right of sane and responsible Americans to own firearms. See #5 below.

1. The King’s Pass in show business. A new book by James Lapine tells the antic story of how the Sondheim musical “Sunday in the Park With George” came to be a Broadway legend. Lapine wrote the book and directed the show. The cult musical—actually all Sondheim shows are cult musicals–eventually won a Pulitzer Prize ( you know, like the “1619 Project”) and bunch of Tony nominations. I was amazed to read that the show’s star, Mandy Patinkin, at one point walked out on the production and was barely persuaded to return. Lapine writes that he never fully trusted Patinkin again. Why does anyone trust him? In fact, how does he still have a career? Patinkin has made a habit of bailing on projects that depended on him. He quit “Chicago Hope,” and later abandoned “Criminal Minds,” which had him as its lead. To answer my own question, he still has a career because of “The King’s Pass,” Rationalization #11. He’s a unique talent, unusually versatile, and producers and directors give him tolerance that lesser actors would never receive. Mandy knows it, too, and so he kept indulging himself, throwing tantrums and breaking commitments, for decades. He appears to have mellowed a bit in his golden years.

2. Speaking of Broadway, the ethical value missed here is “competence”…There is more evidence that the theater community doesn’t realize the existential peril live theater is in (the medium has been on the endangered list for decades) as it copes with the cultural and financial wreckage from the Wuhan Virus Ethics Train Wreck. Just as theaters are re-opening, the Broadway theater owners have decreed that audience members will be required to wear masks at all times.

I have one word for that: “Bye!” Maybe some fools are rich, submissive and tolerant enough to pay $100 bucks or more for the privilege of being uncomfortable for three hours. Not me. My glasses fog up when I wear masks. I have been vaccinated; I’m fairly sure I was exposed to the virus before then and had minimal symptoms, and much as I believe in live theater, I will not indulge the politically-motivated dictatorship of virtue-signalling pandemic hysterics. The industry is cutting its own throat, but then theater has never been brimming with logic or common sense.

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Comment Of The Day: “Gee, Jason Whitlock, What Do You REALLY Think About Simone Biles’ Quitting On The Olympics?”

/ Jack Marshall / 15 Comments

Yes, I guess this is the sixth post related to the Simone Biles controversy. Isaac’s Comment of the Day elaborates on one of the many reasons this episode bothered me so much and continues to, especially as the excuses and rationalizations for Biles’ conduct appear to be taking over the “narrative” in the absence of what I consider persuasive facts and arguments. The next ugly shoe to drop, I predict, will be when the female American gymnast who won a gold in Tokyo gets endorsement contracts in preference to the “Greatest of All Time” who somehow couldn’t access that greatness when the spotlight was on, and chose not to try. The preference for the winner over the “hero” will be attributed to malign influences. Just wait.

Giving women appropriate power and influence in American culture has been generally beneficial to all, but the ascension of traditional female virtues has had the unfortunate effect of diluting some of the the very values that allowed the United States to come into existence and succeed over the centuries. The disastrous handling of the pandemic has been one example of how this development is not an unalloyed good, and the fact that Biles’ conduct is not merely greeted with sympathy, which is nice, but praise, which is offensive, is another.

Here is Isaac’s Comment of the Day on the post, “Gee, Jason Whitlock, What Do You REALLY Think About Simone Biles’ Quitting On The Olympics?”

***

America used to be associated with very masculine qualities: toughness, stoicism, risk-taking. This reputation did not exclude American women. Harriet Tubman, Sojourner Truth, Calamity Jane, Amelia Earhart.

It’s easy to point out the Generation X and millennials’ glaring lack of these qualities, but to me it’s their parents who steered America wrong. Specifically every boomer who jumped on the socialist bandwagon and participated in the 1960s and 70s revolutions against marriage, Christianity, monogamy, patriotism, sobriety, and hard work. The ones who think Woodstock was some kind of beautiful, transformative event. The ones who wax nostalgic about the “Summer of Love” when their poorly-raised grandkids turn chunks of Seattle into murder-dystopias. The generation that necessitated the invention of the term “latch-key kid” to describe their neglected children.

So I perused Simone Biles’ Wikipedia page, and, sure enough…in and out of foster care…abandoned by Mom…no Dad ever in the picture. Showed incredible talent that was her ticket to a secure future, only to be one of the gymnasts sexually exploited by serial abuser and boomer Larry Nassau. Diagnosed with ADHD; currently on medication. These are the symptoms of growing up in a world created by the values of the 60s and 70s. We can mock them for not knowing how to talk to girls, change a tire, be in a stable relationship, or cope with stress…but these are things people learn from their dads, their faith, and their stable community of neighbors, extended family, and church. Younger generations were not only not given those things; they were taught they didn’t need them.

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Trump To The Patriotic Pro-Vaccine Rescue? Of Course Not. And Try As I Might, I Can’t Blame Him

/ Jack Marshall / 15 Comments

burning-bridge

I have now read many articles, almost all of them from pundits who for five years heaped the most abusive rhetoric on the previous President of the United States that any POTUS has had to endure, that Donald Trump should join President Biden, or Barack Obama, or even George W. Bush for a national, joint appeal to the vaccinated to do the right thing for their nation, swallow their fears, and get their shots. Writes one Trump-detesting letter writer to the Times this morning (well, the odds are high that anyone who writes to the Times is Trump-detesting”) who imagines an Obama-Trump Kumbaya PSA spot where a smiling Trump sits next to Barack and says, “We hardly agree on anything , but we do agree on one thing: You should get the Covid vaccine now!” “It just takes two grown men to do it!” the saddened patriot concludes.

Sure, in a vacuum, this fantasy seems reasonable. In reality, it can never happen, and I find myself gravitating to an unethical position that says that if Democrats like Biden and Obama, or Bush, really want Trump to join with them on anything but especially this, they should have to pay a large, painful and probably unpalatable price.

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Sunday Evening Ethics Nightcap: Not Watching The Olympics Edition

/ Jack Marshall / 6 Comments

TV off

Happy birthday Louise Joy Brown, the world’s first “test tube baby” conceived via in vitro fertilization in Manchester, England, on this date in 1978 to parents Lesley and Peter Brown. The bioethics controversies that flowed from this landmark event and subsequent scientific advances have not stopped yet.

1. When the George Floyd Ethics Train Wreck meets the Olympics, this is the sort of garbage you are going to get, at least from Kurt Streeter. He’s the black New York Times sports columnist who really appears to believe that the main function of sports is to raise racial and gender grievances. Woke sports commentary isn’t just bad sports journalism, it’s also boring. Politics makes sports less fun and less of what it was intended to be, entertainment, not crusading. By “this” I mean columns like his most recent titled “The Olympics Rely On, but Don’t Support, Black Girl Magic.” Never mind that the headline is racially offensive at the outset—nobody should care what color bodies athletic “magic” comes from, and only bigots like Streeter view sports that way.

Streeter’s brief supporting his obnoxious thesis is based on selective facts and personal bias. Here are his examples:

“Simone Biles is one of the most brilliant talents at the Games. But if recent history holds and she tries her most stunning moves in Tokyo, gymnastics officials will place an arbitrary limit on her score. Some say this is meant to discourage other competitors from attempting similarly dangerous aerial maneuvers. I say the sport’s regulators cannot deal with her sheer audacity.”

And what does this have to do with her being black? Nothing, and nobody has alleged that it is otherwise, though if Biles does not win her expected gold, I’m sure Streeter will be among the first to cry “racism.”

Naomi Osaka is …perhaps the most widely known female athlete on the planet…will get tossed under the bus if she is not polite and pleasant in her interviews with the news media, a backlash prompted by her withdrawal from the French Open because she did not want to participate in news conferences there. That pressure exists alongside the dread that she’ll be derided as either too Black or not Japanese enough if she does not win a gold medal.

Whose “dread”? Apparently Streeter’s, the race-baiter. Meanwhile, any athlete who is not polite and pleasant in interviews always gets criticism from the news media, and deserves it. She didn’t withdraw from the French Open because “she did not want to participate in news conferences,” she quit because she wanted special privileges to break the tournament’s rules, and was foiled. None if this has anything to do with race either, except that Osaka may have thought that her appeal to the King’s Pass might be especially hard to turn down since people like Streeter would be quick to call enforcement of the same rules for all “racist.”

“Gwen Berry is one of the most powerful hammer throwers in the world and one of the boldest athletes in protesting racism and injustice. But the Olympic overlords have made clear she’d better behave on the medal stand — or else.”

Those “overlords” have the same rules for everyone. Berry is bold in protesting what she isn’t in the Olympics to protest; she’s a narcissist and a lousy citizen who should have been kicked off the team once she proclaimed that she didn’t regard herself as representing the nation that is honoring her by giving her a chance to compete. Streeter thinks her “Black girl magic” isn’t being supported because she won’t be allowed to embarrass her team and act like an asshole on the world stage.

2. From the “Blind Squirrel Finds Nut” files…Criminal justice reform activists and some lawmakers are upset the the Biden Justice Department is inclined to follow through on a Trump-era memo by the Justice Department’s Office of Legal Counsel requiring inmates who were allowed out of stir to reduce the spread of the pandemic in prisons and whose sentences lasted beyond the “pandemic emergency period” to go back behind bars. Awww! How mean. Criminals will actually have to serve their sentences! Systemic racism, of course. But the Biden legal team concluded that the memo correctly interpreted the law, which applies to about 4,000 nonviolent inmates. There are still plenty of fanatics and anti-incarceration extremists among Joe’s minions, so they might get the policy reversed yet.

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