Let’s Knock Down Another Partisan False Narrative, Shall We? Republican National Committee v. Democratic National Committee

“How the Supreme Court Curtailed The Right To Vote For Thousands” is the New York Times headline about the Wisconsin elections fiasco this month. The headline is misleading and inflammatory, insinuating that the Court majority aided and abetted a Republican effort to suppress votes. In fact, the majority, headed by Justice Kavanaugh, followed the law. I don’t know if Jim Rutenberg and Nick Corasanti, who wrote the story, actually read the opinion they are criticizing. I wouldn’t bet my life on it.

Luckily, Professor Turley was irritated about this, and explained why the narrative was garbage ten days ago. In a blog post titled, “No, The Supreme Court Did Not Just Help Rig The Wisconsin Election,” Turley wrote in part (but read it all):

…The decision of the Supreme Court to reverse the decision of a district court judge on extending the voting for the Wisconsin election this week has generated breathless headlines and comparisons to the Bush v. Gore decision in the 2000 elections. Such hyperbolic language aside, the decision was actually quite narrow and well-supported. Moreover, the dissent is chastising the majority for denying relief that the Wisconsin Democrats never requested from the District Court in their original preliminary injunction motion.

Translation: the minority, made up of Democratic appointees, were taking a partisan position based on politics, exactly what the Times reporters accused the conservative majority of doing.

The issue in Republican National Committee v. Democratic National Committee was not whether an election would be held this week in Wisconsin. … the Wisconsin Supreme Court blocked Gov. Tony Evers’ late executive order postponing in-person voting in Tuesday’s elections — specifically postponing the state’s presidential primary and hundreds of local elections. Evers’ took the unilateral action after he was refused his request by a special legislative session…. Evers previously admitted that “my hands are tied” in ordering a delay of the election and the legislature would have to do so. It then proceeded to refuse to do so. Evers then declared that he had the authority after all.

Got that? The Governor fist said that he didn’t have the power, then reversed himself when the legislature, which did have the power, refused to do what he and his party wanted. But as Turley points out, he was right the first time, since “his authority was transparently weak…He does not have that express unilateral authority under existing law.”

Turley goes on to say that he agrees with the governor that holding the election posed  “am unnecessary risk and forces citizens to choose between minimizing their exposure and declining to participate in the election. …However, this is ultimately a question for the state legislature.” If the law says it’s the legislature and only the legislature that can postpone an election, the fact that one party really really really wants it postponed doesn’t and can’t change the law, even if that party happens to be right.

OK,  pay attention now, because this is a mess: Continue reading →

Giving Shutdown Aid To Illegal Aliens Is Unethical, And There Are No Valid Arguments That It isn’t

Pop quiz: List the ways the above is dishonest and deceitful.

There are some progressive agenda items that are either dishonest or so dumb they defy belief. Open borders is in that category; ignoring immigration laws by letting anyone who slips through our porous security to stay here as long as they don’t kill or rape someone is there too; so is giving these individuals drivers licenses, and rewarding their children for the parents’ lawbreaking. All the arguments for these intellectually indefensible positions are either extreme rationalizations, based on emotion over reality+ or cynical deceptions used to disguise the real objectives.

Yet however unethical the arguments for letting illegal immigrants enter our country and stay here, the position that we should give them financial aid during the pandemic crisis and resulting economic shut-down is worse.

Of course California likes the idea; there are few terrible policy idea that the Golden State doesn’t like.

Last week Governor Gavin Newsom announced he is working on a plan with the state legislature to provide economic relief for illegal immigrants in California. “Californians care deeply about undocumented residents in this state,” Newsom said.

Ooooh, they care! Let’s see if they care when the money going to people who have no justification for being here comes out of citizens’ pockets. Is “undocumented” the deceptive euphemism of choice in California? Interesting. “Migrant” is sneakier, and of course there is the media’s favorite Orwellian “immigrants” to mean “illegal immigrants.”

Yes, it’s true: I am no longer interested in being nice or diplomatic about this destructive idea and the liars, knaves and fools who support it. Continue reading →

Mid-Day Ethics Stimulus, 4/16/2020: Ethics? Never Mind Ethics, I Got TOILET PAPER! 26 Rolls! TOILET PAPER! AHAHAHAHAHAHAHA!!!

Sorry, I lost it a bit there for a moment…

Where was I?

Oh, right..the post.

1. Incompetent elected official of the moment, since there are so many revealing themselves lately I can’t keep up with them…it’s New Jersey Governor Phil Murphy! Asked by Fox News host Tucker Carlson if he realized  the Bill of Rights prohibited his order prohibiting religious gatherings,  the Democratic leader said,

“That’s above my pay grade, Tucker.I wasn’t thinking of the Bill of Rights when we did this.”

Then he blathered on about how he consulted “experts” and religious leaders.

2. I don’t understand this story at ALL. NASCAR star Kyle Larson was competing in an iRacing event on Sunday when he lost communication with his spotter on his headset.

Larson was participating in the Monza Madness iRacing exhibition race over the weekend. Video from another competitor’s twitch stream caught Larson blurting out “nigger” across the audio channel where drivers can talk to all competitors. When a driver speaks on that channel, their name appears on each driver’s screen. In the video, Larson said: “You can’t hear me? Hey nigger…” Another driver said: “Kyle, you’re talking to everyone, bud.” “Yep, we heard that,” said another. Yet another said, “Yikes.”
Continue reading →

Mrs. Q’s Corner: The Bigotry Behind Hate Crime Laws [Expanded And Corrected]

by Frances Quaempts

[Editor’s note: The version of this column that was originally posted this morning was missing several paragraphs as well as some important quotes. I apologize profusely to Mrs. Q, whose version was fine, but for some reason I had a devil of a time formatting it, putting me into back and forth, paste and copy, metadata Hell. In the ned there were four drafts of the post up at once, plus previews to show where the formatting wasn’t working. I have no idea how so much was dropped, but it was all my fault. Please read the expanded piece, and again, my apologies to all.]

“As a gay woman, it’s kind of flattering to have the government say that if someone who has the wrong kind of hate kills me, it’s a special killing.  But flattery should only go so far.  My selfish side likes to be viewed as “special” by the FBI, but my honest side knows that this is both unfair and treacherous.  As a gay woman, I refuse to be part of a system that tells me that I count more than any other woman who gets raped or murdered.” 

—-Tammy Bruce, author of The New Thought Police. 

The April 2nd Ethics Alarms post on the acts of violence committed by Jose L. Gomez against an Asian family he believed had COVID-19, highlights how hate crime laws are problematic because such laws, “have never made any legal or ethical sense, criminalizing prejudice and thought, neither of which can be made illegal under our Constitution.  They were virtue-signaling and pandering to certain minority group political agendas from the beginning.”

 Booker T. Washington, in his book My Larger Education, published in 1911, challenged minority based group victimhood and those who push this agenda.

 “I am afraid that there is a certain class of race-problem solvers who don’t want the patient to get well, because as long as the disease holds out they have not only an easy means to make a living, but also an easy medium through which to make themselves prominent before the public.”

One of the first issues with hate crime laws is the defeatist and demoralizing outlook among their advocates that all minorities are victims.  Referring to various minority types as belonging to a “victim group” attempts define or redefine how minorities think about themselves, and negates in attitude, the resilience of these peoples.  Instead of highlighting, for example, how racial minorities have endured and even thrived, race-hustlers and other so-called justice advocates cling to the narrative that they need help, especially from the government, to make their lives animus free.    

 Minorities are not a monolith.  In FBI Hate Crimes Statistics Reports the assertion is made that “the effects can reverberate beyond a single person or group into an entire community, city, or society as a whole.” What this assumes is that all people who have been designated as a minority, whether they want to be put in such a category or not, is somehow magically affected by an act committed on another person who fits the same category. Where is the evidence of this? Pandering politicians along with media misery merchants do a great job of taking a story and using it to attempt to instill fear in “victim groups” and moral grandstanding in those who love to self-flagellate with guilt, but that doesn’t mean all people of said group cares or is affected.

 In Thomas Sowell’s 2009 book Intellectuals and Society, he challenges how self-proclaimed allies tend to pit, “group against group by arbitrarily viewing innumerable situations through the prism of “race, class, and gender,” setting unreachable standards of “social justice,” and setting impossible goals of redressing the wrongs of history.”   He goes on to say:

“So long as sweeping presumptions are accepted as knowledge and lofty rhetoric is regarded as idealism, intellectuals can succeed in projecting themselves as vanguards of generic “change”- for whose consequences they remain unaccountable.”

Author and former radio host Ken Hamblin made a similar assertion in his 1996 book Pick a Better Country when he wrote about this vanguard of helpers:

“I understand that it was natural for them to get warm feelings when they were helping us.  But I had no idea that for some liberal do-gooders, those warm feelings would become an intoxicating narcotic. Today they simply refuse to let us go.  They refuse to face the fact that it is possible for a black person to get a fair shake – to be truly free and to be treated justly in America.  They refuse to admit we can make it without special consideration and without their special help.  They refuse to treat us as equal Americans.”

 Certainly minorities, like every class of persons, experience bigotry and unfairness.  However special hate crime laws haven’t eased the pain of these so-called victim groups because both new and old types of discrimination between fellow “victim groups” have continued.  In LGBTQ+ circles, homophobia has made a bold resurgence, creating sometimes dangerous ill will between these rainbow groups, leading some members to break away and create their own charities and organizations.  Jose L. Gomez is a Latino who attacked an Asian family.  Colorism persists among racial and ethnic groups.  And let’s not forget there are numerous instances of racial minorities who have brutalized whites for their skin color.

 One example noted in Larry Elder’s book Stupid Black Men was a 2006 incident on Halloween where, “30-40 teens and a few adults – mostly black – beat three young white women.” These women required surgery afterward, including the repair of twelve facial fractures in one victim.  Witnesses to the mob heard people in the crowd shout “we hate white people, fuck whites.”  My own wife experienced race based prejudice last year when a black man followed and threatened her for blocks screaming, “I’m gonna fuck you up,” and,  “I hate whites” while also calling her a “faggot.”  Interestingly, in progressive Portland, none of the bystanders offered to help my wife.  Perhaps they paused because they were trying to decide who the greater victim was – the black man yelling in the streets or the Irish appearing short haired lesbian.  When situations like this happen, rarely is the media or those who claim to fight for equality there to seek justice for this version of hate.  It seems if love is love, then the same should apply to hate.     Continue reading →

No, The President Isn’t A Dictator, But Given The Opportunity, These Elected Officials Might Be

There are many ironies and contradictions in the various government reactions to the Wuhan virus, some quite yummy, like the municipalities that had banned plastic bags that are now forced to ban the re-usable kind, and demand the use of the plastic once again. Some day, when this is all over, we can sit around and laugh about it all.

This development, however, is not funny: a frightening number of governors, mayors and police officers have demonstrated how much of our democracy is currently entrusted to nascent totalitarians. I know, I know: to protect the public in a unique crisis, extraordinary measures must be taken, and because so many in our democracy don’t really possess the intelligence and sense of social responsibility that the Founders, in their idealistic fervor, decided to pretend they had (much less the common sense of the average meerkat), sometimes those measures must be accompanied by the force of law. However, because it is a democracy and one that begins with wariness of governments infringing on personal liberties, and will end with our governments being supported when they decided those liberties can be ignored on a whim and a hunch, the recent gusto with which elected officials and their police forces have felt justified in crushing those liberties are warnings that responsible citizens must not let go unpunished. I wrote about one example here, regarding Vermont’s governor’s move to stop the big box stores from selling items Maple Syrup big Brother considers “non-essential.” There are more.

Ethics Alarms already covered the father taken away in handcuffs for playing T-ball on on otherwise empty field with his wife and 6-year-old child, but the Philadephia police pulling  people off  buses for not wearing masks, or the aspiring fascist officer  who tried to  chase down single jogger on an empty beach initially escaped my attention. There are so many examples, you see. Continue reading →

Saturday Ethics Warm-Up, 4/11/2020: Law School Indoctrination, The Surgeon General, And One More Mainstream Media Bias Smoking Gun

Not depressed or crazy yet!

This translated (by Mort Shuman) Jacques Brel song made my mother depressed and crazy, yet she insisted on playing it. She was like that. You know…Greek. I’m really glad that she didn’t live to see this particular ordeal through, because I would have made my folks live with us for the duration, and I would definitely be crazy by now.

I did not know John Denver recorded this; as with everything else he sung, he does a masterful job. He fought depression his whole life, which astounded me, given his public demeanor, when I first learned that. That was before I learned how common and pervasive this terrible illness is. They are not being hyperbolic when they say that a protected lockdown will eventually cause a lot of suicides.

1. One more from “Social Q’s. In the same column that triggered me regarding this issue, there was another interesting query :

Like millions, I am working from home and spending lots of time videoconferencing with co-workers and clients. My boss conferences in from his home office, where, behind his smiling face, hangs a painting of a cyclone tearing through a city. He may be so used to it that he’s oblivious to the bad message it sends. He’s not a friend, but we have a cordial relationship. Should I point out that the painting may upset people?

I am less interested in this question for its ethical issue, which is not worth discussing–“No, you idiot, you do NOT have any business telling someone forced to participate in a video conference that he has an obligation to decorate his home to please other participants  and to avoid “upsetting” the hypersensitive!”—than I am curious about how anyone would get the idea that such an obligation exists. It’s not as if he has a swastika or a Confederate flag hanging behind him, or erotic art, or a historical photograph that could fairly be called unduly provocative.

I find this to be a nascent totalitarian mindset, requiring conformity in all things, and it scares me to death, frankly.

2. The indoctrination problem. I just got the latest copy of the Georgetown University Law Center alumni magazine, and was impressed by how large, slick and professional it has become in the decades since I put together the first issue when I was the GULC Director of Development under Dean David McCarthy. Oh, they changed the name a few years ago: the Dean and I had called it “Res Ipsa Loquitur,” which should come as no surprise to any regular readers here. The real revelation, however, is what a pure progressive and partisan indoctrination factory the school has become. Justice Ginsburg welcomed the incoming class. Nancy Pelosi and Henry Louis Gates ( of Beer Summit fame) addressed  the graduating third year students. New York Solicitor General Barbara Underwood successfully  sued the Trump Foundation, so she was worthy of an honorary degree.

The featured interview in the issue: Justice Elena Kagan. A new Workers Rights Institute has been launched.  Invited to serve on a panel about “Challenges to the Rule of Law,” was George Conway. The school just dedicated its “green spaces” to Democratic D.C. Delegate Eleanor Holmes Norton. There is a major article about our obligation to guarantee the health of “migrants,” the current cover-word of choice meaning “Illegal immigrants.” Of course, there’s a climate change activist piece, an anti-nationalism piece, and a pro-diversity piece. Continue reading →

On The Recent Steele Dossier Revelations: An Open Letter To An Un-Named Former Ethics Alarms Commenter, Written In Disappointment And Disgust

Dear You Know Who You Are,

As you remember, well over a year ago you staged a grandstanding, insulting exit from participation on this blog, declaring that I had “drunk the Kool-Aid.”  Your false claim was provoked because I had successfully navigated through  lies, calculated disinformation and lawbreaking—engineered by those within and without the U.S. government—to conclude that a coordinated effort had been and was underway to overthrow the elected President of the United States. At this point, the fact that your accusation was based on your own blindness and bias is not subject to rational denial or debate.

I knew that at the time, of course. I also felt, and feel, that for you to behave that way, in public, here, was a personal as well as a professional betrayal. We had, I thought, a cordial and mutually respectful relationship. We had exchanged details about the high and low points of our lives face to face.  We are in the same field and profession. I trusted you.

I have provided you some slack in my ultimate judgment on your character because I know that, as we say here often, bias makes us stupid, even the best of us. I have seen this particular bias make many people, even some smarter than you, as difficult as it may be for you to conceive of that, both stupid and  destructive, apparently without a glimmer of self-realization. I recognize that it the phenomenon is, at this point, indistinguishable from an illness, one triggered by emotion and group-think. Thus I am, up to a point, sympathetic, just as I am regarding so many of my Facebook friends who figuratively make asses of themselves every single day  because they are addicted to “likes” and peer approval. Some of them are even lawyers, but you know…lawyers. That is a professional group, along with historians, politicians, historians, scholars, psychiatrist, educators and, of course, journalists, that has broken its duty of trust with the public as it joined a dangerous and unconscionable effort to break our democracy. Continue reading →

Pandemic Ethics Potpourri: Spring Cleaning, Chapter 1

My files of potential and ongoing ethics stories and issues involving the Wuhan virus outbreak are stuffed to overflowing. I’m not going to have time to do the full posts many of these deserve, and the rest risk dropping into oblivion. Here is the first of several collections that will at least flag issues while allowing me to keep current…

1. Golf and the virus…

  • Three Massachusetts golfing enthusiasts, blocked from the links in their own state , were charged with misdemeanors in Rhode Island after going to extraordinary lengths to sneak into that state to hit the little white balls around. Rhode Island has issued a directive requiring all travelers to quarantine themselves for 14 days after entering the state. Gregory Corbett, 51, Tyler Pietrzyk, 22, and Nye Cameron, 22, determined to make it to the Meadow Brook Golf Course drove from Massachusetts to the smallest state, changed cars in a McDonald’s parking lot, and proceeded to the golf course with Rhode Island-issued plates to the club.
  • Right: right, we’re all in this together. Here’s Michigan Democratic Attorney General Dana Nessel in two tweets:

2. When the going gets tough, the tough get race-baiting. Black Americans are experiencing a significantly higher percentage of infections and deaths than other demographic groups, especially in big cities. There are many likely reasons for this, but this one is infuriating: Continue reading →

I Knew You Were All On Pins And Needles Waiting For The Resolution Of This Story, So..

It was almost exactly two years ago when I noted in a Morning Warm-Up that District Court Judge Robert Cicale of Suffolk County New York was arrested for breaking into the home of his  23-year-old former intern  on multiple occasions and stealing panties from her laundry hamper. His Honor was arrested in March 2018 as he was leaving the woman’s house with with his pockets filled with her awaiting-to-be-laundered delicates.  The 49-year-old married father of three was charged with burglary in the second degree.

Calling the  case “highly disturbing,” the prosecutor said at the time, “This is an individual who swore to uphold the law and violated it in a very serious way.The message here, both from the Suffolk County Police Department and the Suffolk County District Attorney’s Office, is that no one is above the law.”

You mean judges can’t break into the homes of former female interns to steal their panties and do god knows what with them? Who knew? Damn those obscure ethics rules… Continue reading →

Noonish Ethics Warm-Up: Everyone’s Gone To The Moon, But They Aren’t Going To Zoom

Hello?

The Jonathan King hit from 1965 (most people think was originally sung by Chad and Jermy, who covered it) sounds profound but it’s not; King, who wrote the song in college, later admitted that he was satirizing Dylanesque lyrics intended to have great portent, but in fact he meant nothing in particular. The song sounds timely now, doesn’t it? Yesterday, while taking a walk, my whole Alexandria neighborhood was eerily empty and silent. I started singing loudly as I walked as my own small rebellion, but I didn’t think of King’s song until I got home.

1. The ethics breach is “incompetence.” Imagine having a niche business, waiting for your big break, then you get the break, and botch it. That’s Zoom. When schools, colleges and other organizations were forced to resort to online conferencing platforms, Zoom was a ready-made solution: easy to download, single click-access.

It was, as the saying goes, not ready for prime time. The easy access allowed easy hacking and the new phenomenon of “Zoombombing,” where anonymous assholes—yes, this is another time when the term is fair, apt, and necessary—entered conferences and classes uninvited with with pornography or worse. Zoom was  also caught sending user’s analytics data to Facebook, even if the user didn’t have a Facebook account. There were other privacy issues. Many school districts have suspended classes using Zoom.  Google just banned  the use of the Zoom teleconferencing platform for employees, citing security concerns. [UPDATE: So has the U.S. Senate.] Now many potential users, including me, are looking elsewhere.

The  company’s CEO and founder now says he’ll make his product harder to use to improve Zoom’s safety and security. Good luck with that. I suspect this is a Barn Door Fallacy situation. Business competence requires you be ready for that once-in-a-lifetime opportunity, and if it arrives and you’re not, you not only might not get a second chance, you don’t deserve one. Continue reading →