Kaboom!

Yikes! An Entire State Supreme Court Flips Out And Attacks The U.S. Supreme Court! (Yes, That Is Unethical)

/ Jack Marshall / 10 Comments

Several Ethics Alarms reader alerted me to this gobsmacking story, further evidence that the political left in this country is in the process of suffering a nervous breakdown. I am still not certain I am glad they did.

The court alluded to in the title is the Hawaii Supreme Court. That state needs to be given a bit of leeway for its excesses and delusions: Hawaii, even after more than half a century as our 50th state, is still a very different culture from the other 49. That’s part of its charm when you visit there, but it also has allowed a problematic mindset to linger. Hawaiians just don’t think the usual rules should apply to them, even in relation to the Constitution. Two years ago, in State v. Wilson, the Hawaii Supreme Court wrote that “[t]he spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons,” and that Hawaii would read the Second Amendment “differently than the current United States Supreme Court.”

Oh. Except that a state can’t do that.

More recently, the same justice who wrote that defiant legal nonsense authored a full-on attack on the U.S. Supreme Court, tacked onto a rather mundane case about prosecutorial misconduct. I will re-publish the whole amazing section below, but KABOOM! It is head-exploding. The diatribe, because that’s what it is, covers voting rights, campaign finance, abortion, religious liberty, the Second Amendment, the major questions doctrine, Chevron deference, the spending power, the removal power, and birthright citizenship, while accusing the Roberts Court of being racist.

Such tangential rhetoric is known as dicta, parts of a legal opinion that carry no substantive legal weight at all since it is pure opinion without definitive case authority. Even dicta, however, is subject to certain professional and ethical constraints. The Hawaiian Supreme Court rantis a bright line breach of several tenets in state’s Code of Judicial Conduct.

Canon I states, “A JUDGE SHALL UPHOLD AND PROMOTE THE INDEPENDENCE, INTEGRITY, AND IMPARTIALITY OF THE JUDICIARY AND SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY.“

Under that banner are three mandates: Rule 1.1. Compliance with the Law, Rule 1.2. Promoting Confidence in the Judiciary, and Rule 1.3. Avoiding Misuse of the Prestige of Judicial Office. A statement that announces that a judge does not feel bound by U.S. Supreme Court decisions violates Rule 1.1. A judge attacking the integrity and motives of the U.S. Supreme Court undermines confidence in the judiciary, as prohibited by Rule 1.2. A judge using the prestige of his office to impugn a higher court is by definition an abuse of office, breaching Rule 1.3.

But wait! There’s more!

Canon 2 states, “A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE
IMPARTIALLY, COMPETENTLY, AND DILIGENTLY.”

The anti-SCOTUS section shows a judge giving priority to his partisan and political beliefs over his duties as a judge, violating Rule 2.1. His unhinged attack on past SCOTUS jurisprudence indicates that he is incapable of “upholding the law,” and that he is also incapable of “impartial” conduct. Moreover, the opinion constitutes a flagrant bias based on political affiliation, breaching Rule 2.3.

The outburst is even worse than the many rules violations suggest. The logic is tortured, the law is bad, and the arguments are hysterical as well as not based in reality; worst of all, the Hawaiian judges appear not to understand how SCOTUS fits into the Constitutional governance formula. The core goal underlying the tantrum is an arrogant belief in judicial activism and judges usurping legislatures, as the Warren court did habitually.

As a final rotten cherry on this putrid sundae of unethical judicial conduct, The National Review noticed that a bot probably wrote the text. Nice. My position is that judges using AI to write their opinions is impeachable conduct, but then so is issuing such an attack on the U.S. Supreme Court.

Here is the section, and I must add, having just read it through again, the naked Trump Derangement and partisan extremism is shocking. This isn’t just unethical. It is judicial insurrection. Luckily, progressives don’t read court opinions…

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Ethics Dunces: Everyone Connected To The Justice Department’s $1.8 Billion Slush Fund Or Whatever The Hell It Was From President Trump On Down…

/ Jack Marshall / 6 Comments

Wait, what was that?

Todd Blanche, the acting attorney general, announced today that the Justice Department was withdrawing the $1.8 billion fund to compensate people claiming to be victims of unfair prosecution, supposedly the result of the settlement of President Trump’s lawsuit against his own Treasury Department. “We’re not moving forward with the fund, period,” Todd Blanche, the acting attorney general, told lawmakers during a congressional hearing.

First of all, GOOD!, but second and most importantly, how in the wide, wide, world of sports did anyone think this offensive, conflicted, half-baked, stupid idea would be anything but condemned, attacked, ridiculed, mocked and ultimately blocked in the first place?

Any idiot could have figured out how unethical this thing was, so it should have been laughed out of the room the second it was suggested. I’m certainly any idiot, and I wrote three posts pointing out what shouldn’t have had to be pointed out at all. Here, I wrote in part:

“[T]his deal stinks, and should be challenged ethically if not legally. The whole Justice Department and the Treasury Department too had irresolvable conflicts, and should not have been allowed to make a settlement with their own boss.”

Here, I wrote in part,

“If you can process this whole astounding ethics debacle and come out anything but but disgusted and disillusioned, you apparently are capable of rationalizing anything…How can anyone defend any of this?…It needs to be widely condemned and stopped.”

And finally, I wrote here,

“I continue to think, or at least hope, that this abomination will be stopped. As I already wrote when asked in a comment, this, unlike the artificial offenses behind the two purely partisan impeachments in Trump’s first term, is a genuine impeachable offense.”

This conclusion didn’t require an ethicist, or any special expertise, or an IQ above 100. So how did this outrageous thing get to the public announcement stage? The fact that it did should shake public confidence in the Justice Department, the Treasury Department, the IRS, President Trump, Vice-President Vance and the entire White House staff. Did no one have the sense God gave a mushroom to tell everyone involved in this fiasco, “That’s ridiculous! It will make this administration look foolish, untrustworthy, corrupt and incompetent! It will undermine the President’s authority and the public trust! It will endanger the GOP majority in Congress and be a self-inflicted wound with no counterbalancing benefits! You can’t be this stupid! Come on! Think, dammit!” ???

I realized that Blanch’s statement was a perfect embodiment of Gilda Radner’s iconic catch phrase as addled “Weekend Update” commentator Emily Litella, which somehow had not been listed already in the Ethics Alarms Hollywood clip archive. But do you know what? Most of the 46 clips listed are appropriate to describe some aspect of this aborted, disgusting, self-indicting betrayal of trust. For example, here’s #18:

And #20…

And of course #15…

…as well as…

Let’s tote up all the clips that are directly applicable in one respect or another. We have twenty-seven, more than half: 2, 3, 4, 6, 9, 10, 11, 12, 14, 15, 17, 18, 20, 24, 26, 28, 30, 31, 32, 33, 35, 38,39, 43, 44, 45, and, of course, 46. This episode was that bad, that unethical, that indefensible, and Ethics Alarms called it immediately, or as Fredo said in #16,

When Trump and Company do things this reckless and unethical, it humiliates everyone who try to oppose the Trump Deranged.

You know. Morons.

How Bonkers Is Woke America’s Obsession With Normalizing The Transgender Fad? This Bonkers:

/ Jack Marshall / 23 Comments

How far gone does a fanatic have to be to have an event like this and not expect most people to conclude that the organizers are out of their minds? Menstrual equity? Free period underwear?

The event is scheduled for June 17 and supported by Boston Mayor Wu’s “Office of LGBTQ Advancement.” I am solely tempted to do a riff on this, but I’m going to resist. Mayor Wu, who is about as wokey as a human being can get, is really getting away with this somehow. Wow. Talk about pandering to a minority! This may be an all time record.

“The Unabomber Was Right”#10: DirecTV Proves It Can’t Be Trusted

/ Jack Marshall / 8 Comments

They haven’t always been titled exactly that way. but the first “The Unabomber Was Right” post went up in 2017, and there have been nine since, with the most recent being here, in January. Today, however, I experienced an all-time classic.

Getting up earlier than usual, and waiting for my coffee to cool, I tuned in DirecTV channel 71 as I have been doing for, oh, 30 years or so. That channel is “News Mix”, which allows me to see sxi screens: CNN, Fox News, MSNow, BBC America, and two weather channels. To my surprise, the screen said the channel was not available, because I did not subscribe to it. Even more perplexing was the language of a second screen that popped up. “Newsmix is blocked. Our search for another channel does not indicate that your selection is available.”

Now that is the notice I get from DirecTV when a baseball game is blacked out because of regional restrictions. The news is blocked? Were we conquered by Iran overnight? I tried everything. Shutting down the TV. Disconnecting the satellite box. I kept getting those alternating screens.

So with a huge sigh of resignation, I realized that I was about to enter, once again, “The Customer Service Zone”:

“You unlock this door with a futile key of naive expectations. Beyond it is another dimension: a dimension of annoying AI bots, a dimension of infuriating repetition, a dimension of incompetence. You’re moving into a land of both impenetrable accents and ineptitude, of scripts, disconnections and ass-covering. You’ve just crossed over into… “The Customer Service Zone”!

DirecTV has a new, perky, sexy female voiced AI, but after I gave her all the information I asked for, she handed me over to the old AI, which asked me exactly the same questions I had just answered. I was told three times that the conversation might be recorded, so maybe someone will hear my shouts into the phone of “I already answered that!” and “And I answered that already too!”

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Unethical Website of the Month: Harvard’s “Anti-Racism Resources for Parents”

/ Jack Marshall / 9 Comments

Oh. My. God.

KABOOM!

Just look at this thing! It is such a blatant far-Left, “white people are the enemy” piece of intersectionalism, CRT and white-guilt stoking propaganda orgy that I feel nauseous at the prospect of describing it. What is this bigoted, pseudo-scientific, DEI- promoting crap doing on the official Harvard University domain?

Here is how this subversive political propaganda is introduced:

“In the current climate of racial tension and police brutality, it is quite easy to feel overwhelmed by the onslaught of heart-breaking news and information. Yet through the whirlwind of chaos, change in the system is occuring and now more than ever, people are vocal on prevalent issues of racism, encouraging others to join in the fight against systemic racism. However, simply not being a racist is insufficient in eradicating the problem. We must work on actively becoming Anti-Racist in order to properly push back against the system that oppresses Black, Indegenious, People of Color (BIPOC). Members of our community have sought out and compiled resources that can educate, facilitate, and equip those seeking to become more effective anti-racism allies. We hope that these resources will prove helpful in the journey towards a more equal, united America. Thank you for your active engagement. “

Remember, Harvard University is promoting this. 

These are the links one encounters: it’s like an anti-white racism Chamber of Horrors:

Home

For Allies For Black, Indigenous, and People of Color (BIPOC)

Racial Bias in Scientific Fields

Support for African American Colleagues

For Leaders

Information for Parents

Harvard Library Resources

Then comes the “For Parents Section,” a handy-dandy how-to raise a little white-hating non-white child or a groveling, self-hating white patsy for DEI dominance. Again, just look at this crap:

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Apparently A Majority Of Younger Americans Think The U.S. Invented Slavery. I’ll See You At The Wood-Chipper…

/ Jack Marshall / 13 Comments

A few days ago, I saw a chart showing what U.S. demographics believed that the United States invented slavery. I noted it for a future post, and now I can’t find it, but I found plenty of authority that supports that assertion. Coleman Hughes, a fellow at the Manhattan Institute for Policy Research and a fellow and contributing editor at their City Journal, has been making this point for years. Way back in 2016, The College Fix wrote in part,

For 11 years, Professor Duke Pesta gave quizzes to his students at the beginning of the school year to test their knowledge on basic facts about American history and Western culture.

The most surprising result from his 11-year experiment? Students’ overwhelming belief that slavery began in the United States and was almost exclusively an American phenomenon, he said.

“Most of my students could not tell me anything meaningful about slavery outside of America,” Pesta told The College Fix. “They are convinced that slavery was an American problem that more or less ended with the Civil War, and they are very fuzzy about the history of slavery prior to the Colonial era. Their entire education about slavery was confined to America.”…

The origin of these quizzes, which Pesta calls “cultural literacy markers,” was his increasing discomfort with gaps in his students’ foundational knowledge.

“They came to college without the basic rudiments of American history or Western culture and their reading level was pretty low,” Pesta told The Fix….

Often, more students connected Thomas Jefferson to slavery than could identify him as president, according to Pesta. On one quiz, 29 out of 32 students responding knew that Jefferson owned slaves, but only three out of the 32 correctly identified him as president. Interestingly, more students— six of 32—actually believed Ben Franklin had been president.

Pesta said he believes these students were given an overwhelmingly negative view of American history in high school, perpetuated by scholars such as Howard Zinn in “A People’s History of the United States,” a frequently assigned textbook.

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Ethics Pro Tip: If You’re a Realtor Using AI To Scam Potential Customers, You’re Not Only Unethical, You’re an Idiot

/ Jack Marshall / 3 Comments

Since AI bots are gradually corrupting everything from funny dog videos to legal briefs, it should not surprise anyone to learn that the little buggers are making real estate ads unreliable too. “Realtors Are Using AI Images of Homes They’re Selling. Comparing Them to the Real Thing Will Make You Mad as Hell” lays out this revolting development. “Future” writes,

“Realtors have made extensive use of the tech, manipulating photos of properties beyond recognition by giving facades and interiors a heavy coat of AI-generated paint. Text descriptions of properties have turned into a heap of ChatGPT-generated buzzwords, devolving an already frustrating house hunt into a genuinely exasperating experience. Making sense of what a rental apartment actually looks like in the real world has regressed into a guessing game. We’ve already come across bizarre listings of inexplicably classified houses with smoothed-over architectural features, misplaced trees, nonsensically rearranged furniture, and mangled props.”

Fortunately, the people most likely to cheat using AI are also the ones who have exceeded their Peter Principle ceilings and are incompetent at their chosen fields, hence the felt need to used bots to try to fool others who probably are smarter than they are. The ethics values are incompetence and dishonesty.

And thus we have the risible tale of the listing for a property in Fort Totten, a suburb in northern Washington, D.C., that has been taken down from Apartments.com. While the ad was up, it seemingly promised that for just $1,800 a month, a lucky renter could have her own bathroom Hell-spawn. See it in the photo above, crawling onto the bathroom sink?

Giraffe360, an AI image editing tool for real estate photos, points out on its website that real estate organizations “consistently prohibit” edits that remove or alter structural elements, erase or modify views, or digitally renovate or upgrade interiors or exteriors. “Here’s a simple test: if an edit would require physical renovation to achieve in real life, it shouldn’t be in an MLS listing photo,” it advises. But there is a loophole: edits that create H.P. Lovecraft creature features on the property probably should also be taboo.

“How do you not notice the melted demon crawling out of the wall before you hit publish?” one user wrote, attempting to rebut the presumption that AI image editing tools were involved. That’s an easy question that regular Ethics Alarms readers can answer by quoting The Waco Kid: “You know. Morons!”

Obesrvations on Gavin Newsom’s Unethical Quote of the Week

/ Jack Marshall / 21 Comments

Listen above to Newsom, the incompetent governor of California, as he engagingly insults a roomful of African Americans. Promoting his Presidential campaign-launching memoir, “Young Man in a Hurry,” Newsom was asked about his dyslexia and his personal experiences that voters could relate to (the old “he understands people like me” trope that Bill Clinton exploited so well). He responded by describing his struggles with dyslexia and somehow managed to sound like he regarded his low SAT scores as a badge of honor, telling the almost all black audience: “I’m like you. I’m no better than you.”

Already there are many discussions of this—what was it? A gaffe? A canny bit of self-deprecation? Smoking gun patronizing?—on the web and social media. To me, and I admit I’m mired in confirmation bias when I look at anything Newsom does through the lens of his frightening EA dossier—I mean, just look at that mess!— I classify the remark as pure res ipsa loquitur: the thing speaks for itself. Newsom blundered into expressing the attitude progressives and Democrats have had toward American blacks for decades. They believe that it is a voting bloc that is easily fooled and exploited, and, as a group, gullible and not too swift on the uptake. That’s Newsom, and that’s the Democratic Party that he wants to lead.

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Ethics Dunce (Again): Georgetown University Law Center…and May I Add: KABOOM!

/ Jack Marshall / 3 Comments

From Ethics Alarms, December 10, 2023…

Late yesterday,the president of the University of Pennsylvania, Elizabeth Magill, resigned, and the school’s chairman of the board followed with his own resignation a couple of hours later. Magill was one of three elite college presidents who embarrassed themselves and their employers with offensive, legalistic answers to pointed questions from Representative Elise Stefanik (R-NY) regarding their school’s tolerance of anti-Semitism on their campus in the wake of the October Hamas terrorist attack on Israel, and their weak responses to demonstrations on their campuses that could fairly be called threatening to Jewish students.

UPenn’s situation became critical when alumnus Ross Stevens announced that he was withdrawing a gift worth around $100 million. That would be a significant loss even for Harvard, whose endowment exceeds the treasuries of many nations. The resignation immediately focused attention on Claudine Gay, Harvard’s president of just a couple of months, whose responses to Stefanik’s withering cross-examination in the Congressional hearing were extremely similar to Magill’s. The resignation of all three women was called for in an unusual letter signed by 72 members of Congress, many of them Democrats.

I just received this message as a Georgetown University Law Center alumnus:

Dear Georgetown Law Alumni,

It gives me great pleasure to share with you that M. Elizabeth (Liz) Magill has been appointed as the next Executive Vice President and Dean of Georgetown University Law Center, beginning August 1, 2026. President Robert M. Groves’ announcement is linked here.

Professor Magill brings to Georgetown Law a wealth of experience leading some of our nation’s most prestigious universities and law schools, including serving as President of the University of Pennsylvania, Executive Vice President and Provost of the University of Virginia, and Dean of Stanford Law School. I am pleased to share that, in addition to her role as Executive Vice President and Dean, Professor Magill will join the Law Center as a tenured member of the faculty. And her Georgetown roots run deep—her father and three of her siblings are Georgetown graduates.

Professor Magill is a graduate of Yale University and the University of Virginia School of Law, where she was articles development editor of the Virginia Law Review. Following law school, she clerked for Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and then for U.S. Supreme Court Justice Ruth Bader Ginsburg. She is an award-winning scholar of administrative and constitutional law whose research focuses on topics such as the separation of powers, standing, regulation, and judicial review. She is an elected fellow of the American Academy of Arts and Sciences and member of the American Law Institute.

This is a critical time for the Law Center and the University. I am confident that Professor Magill is the right person to lead the Law Center into a new era marked by academic excellence, financial resilience, and national prominence. There will be many opportunities over the next several months for you to meet Professor Magill. In the meantime, please join me in welcoming her to Georgetown University and to the Law Center. 

Sincerely,

Joshua C. Teitelbaum
Interim Dean & Executive Vice President
David Belding Professor of Law

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My Head Just Exploded Over This News of the Corruption Of Our Legal System That I Didn’t Know About Because The Media Decided a “Today” Host’s FAMILY CRISIS IS MORE IMPORTANT…!!!

/ Jack Marshall / 4 Comments

In case you can’t tell, I’m madly disgusted about this, “this” meaning both the episode I’m going to write about, and the fact that I didn’t hear or read about it immediately because of our incompetent, irresponsible news media deciding that their dumb audience would rather share feelings with Savannah Guthrie.

From the New York Times: [Gift link!]

“A former obstetrician-gynecologist at the University of California, Los Angeles, who was convicted in 2022 of sexually abusing patients must be given a new trial, a state appeals court said on Monday, overturning the former doctor’s conviction. The former doctor, James M. Heaps, 69, was sentenced to 11 years in prison in April 2023 after jurors in the Superior Court of Los Angeles County found him guilty of three counts of sexual battery by fraud and two counts of sexual penetration of an unconscious person. U.C.L.A. has already paid about $700 million to settle claims of sexual misconduct against Mr. Heaps, who was affiliated with the university in various roles from 1983 to 2018.

“A three-judge panel on the California Court of Appeal ruled on Monday that Mr. Heaps had been denied a fair trial because the trial judge never told Mr. Heaps’s lawyer or the prosecutors on the case about a note that the jury had sent while it was deliberating in October 2022.

The “Note to Judge” said that a recently seated alternate juror had “expressed to us that his limited English interfered with his understanding of the testimony, resulting in every case being the same, and his mind is already made up.”

Under the California Code of Civil Procedure, people who lack “sufficient knowledge of the English language” cannot serve on trial juries. The appeals court ruled that Mr. Heaps’s conviction must be overturned.”

“We recognize the burden on the trial court and regrettably, on the witnesses, in requiring retrial of a case involving multiple victims and delving into the conduct of intimate medical examinations,” the appeals court wrote. “The importance of the constitutional right to counsel at critical junctures in a criminal trial gives us no other choice.”

The Los Angeles County District Attorney’s Office said in a statement that it planned to retry Mr. Heaps ‘as soon as possible.’ Mr. Heaps will be sent back to county jail, the office said, and a court could release him on bail.”

I will now pause a bit while you mop your skull and brain bits off your computer screen. I’ve found that Windex does a good job, though you have to pick up the bigger pieces with your fingers.

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