Now THIS Is “Orwellian”: Dictionary.Com Alters The Meaning Of “Court Packing” To Fit The Democratic Party Narrative.

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“Court packing” has meant the same thing since the term was devised to describe what President Roosevelt attempted in 1930, when he became frustrated with the conservative Supreme Court’s repeated ly finding his Depression programs unconstitutional. FDR decided to change the structure SCOTUS itself to allow him to create a liberal majority, expanding the number of justices so Roosevelt could appoint political allies. It was the expansion of the Court that was instantly dubbed “packing the court”; the expression had never been used before. “Packing the court” or “court packing” immediately sparked a negative backlash from the public and press: even Roosevelt’s supporters found the plan to be an ominous effort to change the rules when the existing system didn’t produce the results the President desired. FDR was forced to abandon his court-packing plan, and ever since, for 90 years, “court packing” has meant what FDR proposed…increasing the size of the Supreme Court to create an ideological majority suiting the President in power.

But when Democrats announced that their revenge for the President adding consrvatice Amy Coney Barrett to the Supreme Court would be to “pack the court,” they declared that “packing the court” was what the Republican had been doing by confirming Trump’s three nominees during his term, so their intention was fair and reasonable “tit for tat.” Coincidentally, Dictionary.com conveniently changed its definition of “court packing” to accommodate the Democratic Party’s rationalization sometime during November, sparking this Twitter thread:

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From The “Bias Makes You Stupid” Files! Ethics Dunce: Legal Ethicist Steven Gillers

A depressing theme throughout the Trump years has been the corruption of various professions as members once justifiably regarded as trustworthy abandoned their ethical obligations to become “resistance” allies. The professions thus tainted include judges, scientists, doctors and health professionals, lawyers, psychiatrists, historians, teachers and professors, university administrators, and of course the worst offenders, politicians and journalists. Maybe I’ve missed a few. One more profession that has to be included on the list, I’m ashamed to say, is legal ethicists.

In a post in 2017, I discussed the disgraceful filing of a frivolous and politically motivated bar complaint against then-Trump aide Kellyanne Conway by a group of law professors, some of whom are ethics specialists, and a few of whom I knew and respected. I wrote in part,

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Ethics Quote Of The Day (And For All Time): Abraham Lincoln [Missing Post Section Recovered!]

On this date in 1863, President Abraham Lincoln added a vital coda to the United States mission statement articulated in the Declaration of Independence nearly a hundred years earlier. Gary Wills, among other historians and commentators, has argued that with this single speech Lincoln reframed the purpose of the American experiment as well as clarifying its core values. Those values, it is fair to say, are today under the greatest threat since the Civil War today. Lincoln’s address lasted just two or three minutes (it was not even announced beforehand as a speech, but rather “remarks”), but also reframed the purpose of the war itself, as not only to preserve the union, but a struggle for freedom and equality for all.

There has been so much written about the Gettysburg Address that it would be irresponsible for me to attempt to analyze it here. It probably isn’t necessary to analyze the speech. Few statements speak more clearly for themselves: if ever a speech embodied the principle of res ipsa loquitur, this is it:

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Friday Night Ethics Fever, 11/13/2020 [Corrected]

1. “Then they came for Professor Turley…” Jonathan Turley, who has distinguished himself throughout the Trump years and the 2016 Post Election Ethics Train Wreck with clear, unbiased, non-partisan analysis that generally correctly identifies who is the transgressor and why, was attacked by University of Colorado Law Professor Paul Campos who compared his discussion of possible voting irregularities to Holocaust denial. Turley is measured, as usual, in his criticism, but he is obviously troubled by the continuing trend, writing in part,

“It is part of a wave of intolerance sweeping over our colleges and our newsrooms. It is therefore an ironic moment as someone who has been writing about the growing intolerance of dissenting views on our campuses and efforts to fire academic.  Some have been targeted for engaging in what is called “both sides rhetoric” rather than supporting a preferred narrative or viewpoint. Campos is arguing that it “would be appropriate to fire” any professor who stated that we should allow these challenges to be heard even though they have not and are unlikely to produce evidence of systemic fraud to overturn these results.  That is a view of academic freedom and viewpoint tolerance shared by some in academia.

I am not the first academic that Campos called to be terminated for his views. In the end, I would defend Campos in his posting such views. Unlike Professor Campos, I do not believe that he should be fired for holding opposing views or even calling for others to be fired. That is the cost of free speech. Indeed, Professor Campos is the cost of free speech.’

And yes, this is exactly what you voted for if you voted for Joe Biden.

In fact, it’s what Professor Turley voted for, as I suspect he did, when he voted for Joe Biden.

2. Regarding another favorite Ethics Alarms blogger…I respect and value Ann Althouse’s opinions and analysis, but boy does she epitomize what’s irresponsible about intellectuals.  There is a constant tone on her blog that it’s all just a big cosmic game, nothing really matters much, and all these intellectually inferior people are running around in circles, obsessing over base and minor matters. Meanwhile, Ann is preoccupied by the fact that there’s a “homophone for alibi,” the relative size of statues, and some local interviewer in Lincoln, Nebraska. These matters seem to concern her about as much as the means by which a President was finally taken down, the cracking of our democratic institutions, and the fact that our journalists have become no better than rumor-mongers and partisan assassins.

It’s that studied distance that academics and those over-educated egotists who are full-time frolickers in the playgrounds of the mind display that makes normal people—and me— suspicious of their motives and judgment.

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The Throbbing, Unethical Stupidity Of Senator Mazie Hirono

Hirono

One of the more ridiculous moments in the hearings to vet Judge Barrett was the contrived indignation expressed by Senator Hirono and Senator Cory Booker when the nominee used the term “sexual preference.” The Democrats had nothing valid to complain about regarding the judge—attacking her religion had proven unpopular and ugly in her previous confirmation hearings—so this was the best they could do: political correctness and dubious language taboos.

It wasn’t just them, of course: Patty Murray, the third-ranking Democrat in the Senate, tweeted: “Judge Barrett using this phrase is shameful and offensive—and it tells us exactly what we need to know about how she views the LGBTQIA+ community.” Yes, that’s certainly fair: the unplanned and innocent use of term that has been unofficially designated as “offensive” by activists tells Democrats “all they need to know.” This was the signature significance moment that saw Webster’s dictionary prove beyond a shadow of a doubt its unethical bias and lack of integrity when the company reacted to the Hirono-Booker vapours by changing the online definition of “sexual preference” to match the new GoodSpeak.

Honestly, why aren’t people embarrassed to be supporting a party and its allies that behave like this? But I digress.

As pointed out in the related Ethics Alarms article, inconveniently for Hirono, two of her Democratic colleagues on the Judiciary Committee and her party’s Presidential nominee, Joe Biden, had also recently used that phrase that “tells us exactly what we need to know” about them, which is—what exactly? That they missed a memo from the Language Police High Command? I’m confused.

So was National Review writer John McCormack, who relates his exchange with the Hawaiian Senator on the topic:

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Monday Ethics Warm-Up, 10/19/2020: Wherein My Head Explodes At Least Once

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1. KABOOM! Just when I thought 1) Georgetown could not embarrass this alum more thoroughly and 2) my head had been immunized from exploding comes the astounding news that Georgetown University has hired former FBI agent Peter Strzok as an adjunct professor. Strzok is now listed on the university’s staff page and he mentioned the Walsh School of Foreign Service on his Twitter profile. An alumnus, he will be teaching a “Counterintelligence and National Security” in the fall semester.

While engaged in an adulterous affair with then FBI lawyer Lisa Page in 2016, Strzok exchanged suspicious anti- Trump messages that called into question the legitimacy and fairness of the Mueller investigation. The FBI fired Strzok  in 2018 for  undermining public confidence in the non-partisanship of the bureau and federal law enforcement.

Stay classy, Georgetown! I already have my law school diploma facing the wall; I guess I can coat it with some kind of noxious substance…

2. The villain here is the professor. This is no time to be a weenie. Actually, there is never a good time to be a weenie. A professor at the University of Pittsburgh School of Law used “nigger” (referred to in infantile fashion by the law school’s announcement as “the n-word,” since “poopy badspeak” hasn’t caught on yet) in the context of discussing an offensive language case. But of course a student or six reported him, because they could, and it is an easy way for young progressive cowards to justify puffing up their pigeon chests because they get to cause trouble for someone who did absolutely nothing wrong.

The adjunct professor has not been identified, but in an email from law school administrators, including Law Dean Amy Wildermuth, it was announced that the professor has resigned.

“The instructor apologized and expressed his deep regret to the class, and informed the class at 1 p.m. today that he was resigning immediately from teaching at Pitt Law,” the announcement said in part.  “We condemn the use of this word, and we believe that saying this word and words like it, even in an academic context, is deeply hurtful,” the note concluded.

Words are not hurtful. Meanings are hurtful, when they are intentional. This is virtue-signaling and language policing of the most indefensible sort. The professor, whoever he is, had an obligation to the school, the culture, his profession, common sense and himself to fight, not surrender.

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Gotcha! Ethics: Senate Democrats’ Obnoxious “Preference” For Political Correctness Over Substance, As Miriam-Webster Reveals Its Integrity Deficit

And they’re coming around the turn in the 2020 Asshole of the Year Derby! Senator Hirono is making her move! Here she comes out of the pack! It’s going to be a photo finish!

At Tuesday’s confirmation hearings for Supreme Court nominee Amy Coney Barrett, Sen. Dianne Feinstein (D–Calif.) asked Barrett if she would roll back protections for LGBT citizens. Barrett responded that she “never discriminated on the basis of sexual preference and would not discriminate on the basis of sexual preference.” Hawaii’s Senator Mazie Hirono then accused Barrett of using “outdated and offensive” terminology. (Later, so did Senator Cory Booker, who said Barrett was implying by the term that being gay was a choice and not an immutable characteristic.)

“Sexual preference … is used by anti-LGBTQ activists to suggest that sexual orientation is a choice,” the Democratic scold intoned.  “It is not. Sexual orientation is a key part of a person’s identity. If it is your view that sexual orientation is merely a preference, as you noted, then the LGTBQ should be rightly concerned whether you would uphold their constitutional right to marry.”

Barrett was forced into apologizing, insisting  that this was not her intention. I say “forced,” because when you are in a confirmation hearing and the vote is going to be a squeaker, you can’t say, as she justifiably could have, “Really Senator? You’re dictating politically correct words and language now? It was quite clear what I meant, and that kind of phrase policing is a cheap shot. You should be ashamed of yourself.”

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Ethics Alarms Translation: NBA Commissioner Adam Silver Explains It All

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In a recent interview, NBA Commissioner Adam Silver gave a useful and predictable, if disheartening, response to a question about the National Basketball Association’s crashing ratings, and the widespread (and surely accurate) belief that many fans have been alienated by the league’s endorsement of aggressive Black Lives Matter propaganda in the arenas, on the courts, on players’ uniforms, and in other aspects of the sport.

Rachel Nichols on NBA Countdown asked the businessman, and I use that term pointedly,

The NBA has certainly been the most visible billion-dollar organization championing social justice and civil rights. As you noted in your press conference the other day, though, that has not been universally popular. How committed are you to being that going forward?

I have to interject here: “not universally popular” is craven equivocation by the interviewer, echoing several Ethics Alarms rationalizations like, 19A The Insidious Confession, or “It wasn’t the best choice.” I hate that crap; as I get older, I hate it more: “It wasn’t everything we hoped for” used to mean, “It was a complete disaster,” and similar weasel words to avoid being direct and honest. The NBA’s Black Lives Matter boot-licking wasn’t “not universally popular,” it was unambiguously unpopular. Such deliberate avoidance of the truth is deceit, and is a variety of fake news.

Silver responded,

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“Wait, I Have The Right To Consult A WHAT?”

Miramda attorney

Devin Malik Cunningham, 21, is accused of the robbery and murder of a 71-year-old man. His lawyers argued that his confession should be excluded from the trial because he didn’t understand the Miranda warning given to him when he was arrested. Specifically, Cunningham claims that testified that he was confused when asked whether he wanted “an attorney,” and that is why he agreed to speak with police.  He said that he thought an attorney is a judge.

No wonder he didn’t want to speak to a judge. Judge William Amesbury of Luzerne County, Pennsylvania ruled that his claim was absurd, noting that there was no evidence of a cognitive or learning disability that would support Cunningham’s alleged misunderstanding.. There was also evidence that an arresting  officer explained during questioning that an attorney is a lawyer.

I wonder what is the presumed understanding of basic English vocabulary words for an English speaker. Cunningham’s Hail Mary defense, if accepted, might have opened up a brand new avenue for accused criminals, sexual harassers, and those derided as uncivil. I think he may have made a bad choice regarding what he thought “attorney” meant. Why not plead complete confusion: he thought an attorney was a platypus! Or a salve for athlete’s foot!

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Of Intent, Offense, And Uncivil Parrots

The Lincolnshire Wildlife Centre in Great Britain has a problem, or thinks it does. Billy, Eric, Tyson, Jade and Elsie, gray parrots all,  joined  to zoological park’s  flock of 200 gray parrots in August, and quickly proved to be a bad influence.  All five have a penchant for telling visitors to “fuck off,” and one reportedly has called a zoo manager a “fat twat.”  Zookeepers believe the five  were encouraging each other to be potty-beaks, and risked turning the entire group of gray parrots into little feathered versions of Bill Maher.

Can’t have that. The zoo is separating Billy, Eric, Tyson, Jade and Elsie for being  bad influences on each other and threatening to corrupt the other parrots.

This episode has special resonance with me. In 1988, I had just joined the staff of The Association of Trial Lawyers (now called, to the group’s great shame, The Association for Justice because a consultant found that people don’t like trial lawyers) to run its various profit centers. Almost immediately, I found myself in Maui overseeing the group’s winter convention at the Ka’anapali Beach Hyatt in Lahaina. That sounds nice, but my convention manager was in the process of going nuts, and I was tasked with minimizing the damage when, among other things, she locked herself in our convention headquarters weeping and screaming.

I had other responsibilities as well, including dealing with rebellious exhibitors and moderating various meetings at which virtually no members were attending, given the lure of the warm breezes and Hawaiian surf. On the day ATLA’s new Executive Director screamed at me for not being able to talk my convention manager out of her fortress of solitude, and the exhibitors ambushed me at a meeting and called me a Nazi, I was walking, disconsolate and exhausted, from a meeting room back to the exhibit hall in the late afternoon. As I walked past a large, colorful macaw in a cage, I heard a voice say, “Fuck you!” I remember freezing, turning around, and staring at the bird. “Really?” I said. “Really? That’s just what I needed to hear today.” Continue reading