Law & Law Enforcement

The Terrifying And Unethical Dissent Of Judge Staton In “Juliana vs. the United States”

/ Jack Marshall / 16 Comments

This is why all Americans should be grateful for President Trump’s judicial nominees.

In 2015, a group of 21 children (<cough> I’m sure this was the children’s idea, aren’t you? Sure you are) filed  a lawsuit that came to be known as Juliana vs. the United States. This pure abuse of the legal system to engage in climate change hysteria  grandstanding asserted that the government  was violating their constitutional rights by not sufficiently addressing the climate  change crisis. The case should have been thrown out years ago, but last week, the 9th Circuit Court of Appeals finally did it.

Well, good. The fact that it took this long was a disgrace, and the result of “Think of the children!” pandering. The 9th Circuit being the residue of judicial activism and liberal bias that it has long been, however, it couldn’t restrain itself from writing, “The panel reluctantly concluded that the plaintiffs’ case must be made to the political branches or to the electorate at large,.”

panel concluded. Whoever one the three judge decided that the word “reluctantly” belonged there should be forceably retired.  “The panel reluctantly concluded that the United States Constitution does not permit courts to dictate national policy, nor citizens, especially those without voting privileges, to bypass our system of governance because they disagree with its policies” is what that word is telling us, and a judge who regrets how the separation of powers operates to that extent does not belong on the bench. Maybe they belong in President Elizabeth Warren’s cabinet, as she announced this week that she would eliminate student loan debt “on day one.” Lord, this woman is a shameless liar!

But I digress. Sorry. Warren’s name is becoming like “Niagara Falls” to me in the old vaudeville skit….

Continue reading →

Morning Ethics Warm-Up, 1/16/2020: Special “Morning Warm-Up That Actually Gets Posted In The Morning” Edition [UPDATED!]

/ Jack Marshall / 23 Comments

Good morning, good morning!

Well, my Christmas tree is drying out, and its demise is near. Every January since I was a small child the slow acceptance that soon this bright, sparkling symbol of innocence, love, family optimism and joy will be gone has been painful, and you know, in this respect, I haven’t changed a bit. There’s no reason, of course, why we can’t have the spirit of Christmas all year long—heck, Scrooge pulled it off—but somehow the loss of the Christmas tree reminds me that everyone will be back to their same petty, nasty, selfish ways, if they aren’t already. Even me.

<sigh!>

1. The New York Mets don’t get ethics, but we knew that. The Mets’ new manager is Carlos Beltran, fingered in the MLB report on the Houston Astros cheating scandal as one of the ringleaders of the scheme that already has cost that teams manager and general manager their jobs. Alex Cora, who shared prominence in the report with Beltran, also was fired from his job as manager of the Red Sox. Beltran escaped snactions from MLB because he was a player at the time, and the baseball management decided, for many reasons, that it could not punish the players. But now not just a player, but according to the investigation the player at the center of the cheating scandal is a manager. Isn’t the next step an obvious one? A major league team can’t have as its field leader a player who was recently identified as a key participant in a cheating scandal in which ever other management figure was fired, can it? How hard is this? To make matters worse, Beltran had  recently lied in interviews with sportswriters about his knowledge of the Astros scheme. Yet so far, the Mets haven’t taken any action at all.

Beltran will be fired before the season begins, but the longer it takes for the Mets to figure out why, the more clearly the organization’s ethics rot will come into focus.

UPDATE: Beltran was sacked by the Mets this afternoon. (Thanks to Arthur in Maine for the news.) See? What did I tell you?

2. And speaking of baseball ethics rot, New York Times sports columnist Michael Powell proved his nicely. He mocks the current baseball cheating scandal thusly: Continue reading →

Afternoon Ethics Refresher, 1/15/2020: Firing, Tweeting, Protesting, Talking Friends Into Suicide…

/ Jack Marshall / 35 Comments

Hello?

Traffic here inexplicably dead yesterday and today. Is there a secret ethics convention nobody told me about? There is, isn’t there? I’m hurt…

1. It’s too bad so many readers don’t pay attention to the baseball posts, because a lot of fascinating ethics issues with general applications arise…like right now. Yesterday, as already mentioned in an update to yesterday’s post and a couple of comments, the Boston Red Sox “parted ways with Manager Alex Cora by mutual agreement.” (He was fired.) In a press conference I just watched, the Red Sox brass said that Cora, who was both successful and popular in Boston, was let go solely because of the MLB investigation report regarding his involvement in cheating while serving as a coach for the Houston Astros in 2017, and the allegations of cheating  while managing the Sox in 2018, still under investigation, played no part in the decision. What they meant is that the Astros cheating was going to result in a long suspension for Cora anyway, so the team didn’t need to wait for the bad news regarding his cheating in Boston.

The weirdest thing about the press conference is that none of the four Sox officials would do anything but praise Cora, his character, his judgment, his dedication to the team, his devotion to baseball. Gee, why did they fire this saint, then? Alex Cora’s character is obviously flawed, or he wouldn’t have masterminded major cheating schemes that cost the Astros 5 million dollars and four key draft choices while losing the jobs of two men who advanced his career. Cora’s judgement also stinks, because his actions have now cast a shadow over two teams, their championships, and the records of the players his schemes benefited.

If he was so dedicated to the team, why is  it now facing a public relations and competitive disaster because of his actions? If he was devoted to baseball, how did he end up at the center of a scandal that undermines the perceived integrity of the game? Continue reading →

Why Almost Nobody Is Interested In Ethics…

/ Jack Marshall / 5 Comments

Kudos to Ann Althouse for finding this monstrosity: “3D Printing and the Murky Ethics of Replicating Bones.” Ann quips, “The murkiness in getting to the point of what’s murky in the ethics is evidence of what a sensitive problem it is.”

The forum, ironically enough, is RealClear Science, and the author is Sarah Wild, a South African science journalist and author. It may help to know that she hails from Undark, an e-mag that purports to to “explore science in both light and shadow, and to bring that exploration to a broad, international audience.” Should I be suspicious of the magazine because Charles M. Blow is on its board? No…but I am.

The article is incompetent structurally because it doesn’t begin to explain exactly what the “murky ethics issues” are until about  half way through a very long article, and it’s hard to read when one is asleep. Even after the issues are drip-drip-dripped out, it is never made clear by the author what established ethical principles are involved. The ethics issue of scientists taking bones of unidentified people from burial sites in other nations has always been, for me, an ick vs. ethics controversy. The original owners of the bones are not harmed in any way, and if those individuals’ families aren’t aware of the whereabouts of the remains and have taken no steps to assert control over them, they are not harmed either. Continue reading →

Sunday Ethics Warm-Up, 1/12/2020: Broken Ethics Alarms, An Ethics Conflict, And “Who Are You Going To Believe, Me Or Your Own Eyes?”

/ Jack Marshall / 10 Comments

Well, Hel-LO!

“Seinfeld” fans remember Jerry’s Uncle Leo, whose trademark was an over-enthusiastic, “Hel-LO!” The recurring character was played by the late Len Lesser, an obscure Hollywood bit player until the “Seinfeld” gig made him a familiar face. Well, I was watching “Bells Are Ringing,“ the 1960 film version of the hit Broadway musical known for the standards “Just in Time” and “The Party’s Over” (one of my Mom’s favorite songs), on TCM. The film is a reminder of just how luminous Judy Holliday was; she had won the Tony for playing the musical’s starring role on Broadway, and attention should be paid. Tragically, his was her last movie—during filming she was fighting the cancer that eventually killed her —-and I don’t know if there has ever been a female musical comedy star of greater range and presence. Anyway, there’s a number in the film where Judy tells Dean Martin that New York’s grim mass of humanity during rush hours will thaw if strangers only say “hello” to each other. Dean is skeptical, but he tries it on a dour-looking man waiting in the mob, whose face instantly breaks into a brilliant smile at the greeting. “Hel-LO!” the man responds to a surprised Dino, and soon everyone is happily saying hello to each other. You guessed it: the dour-looking man was played by “Uncle Leo” himself, Len Lesser. His catch phrase in “Seinfeld” was a deliberate reference to that bit, one of the very few memorable moments in the elderly actor’s career.

This is really a long introduction to a different point: I get a lot of ethics ideas from watching old movies. For example, I watched 1967’s “The St. Valentine’s Day Massacre,“ one of schlockmeister Roger Corman’s few films with an A-list cast and a big budget. The film’s solemn narrator is uncredited, but he is obviously meant to make the casual audience member think it’s Orson Welles. It wasn’t Welles, however: it was master vocal artist Paul Frees, who had a great, and often used, Welles impression. I assume he was uncredited so no one would realize that the narrator wasn’t the weighty Welles, but the voice of Boris Badinov from “Rocky and Bullwinkle.”

I don’t know how Corman got away with this.

1. Ah, the accurate, trustworthy news media. Reuters reports, “A South African military plane crash-landed on Thursday at the Goma airport in eastern Democratic Republic of Congo, a U.N. spokesman said….two sources at the airport, speaking on condition of anonymity, said there did not appear to be major damage to the plane.”

Here’s the plane:

2. Apparently the Democratic Party’s strategy regarding the economy is to just flagrantly lie about it. “The U.S. economy is working just fine for people like me. But it is badly broken for the vast majority of Americans,” Mike Bloomberg said this week. That counter-factual statement echoes Joe Biden, Elizabeth Warren, Bernie Sanders…pretty much the Democratic field, and it is demonstrably false.

The Atlanta Federal Reserve Bank’s monthly Wage Growth Tracker shows that Americans in the lower wage brackets are making more money, and at a better rate than they have for a very long time. Here’s a graph: Continue reading →

Ethics Quiz: The Upsetting License Plate

/ Jack Marshall / 15 Comments

The Utah Division of Motor Vehicles lists standards for vanity plates, based on a statute that “forbids any combination of letters or numbers that ‘may carry connotations offensive to good taste and decency or that would be misleading.’”

Plate letter and number combinations that reference drugs, that are “sexual, vulgar, or derogatory,” that  suggest ideas “dangerous to public welfare” or disrespect “race, religion, deity, ethnic heritage, gender, or political affiliation,” are not permitted.

Thus it was that Utah high school English teacher Matt Pacenza, driving home, spied  a vanity plate reading “DEPORTM.” As a concerned citizen, he snapped a photo of the personalized plate and posted it to Twitter. (Note: I’m more concerned about drivers taking photos while operating their motor vehicles than about what their plates say, but I’m weird, or so I’m told). The resulting cocial media comments attracted the attention of some state senators as well as the Utah State Tax Commission, which oversees license plate approval. Now the commission says it is reviewing whether the plate violates department guidelines.

Your Ethics Alarms Ethics Quiz of the weekend is…

Is there anything wrong with having that license plate on your car?

Continue reading →

Saturday Ethics Warm-Up, 1/11/2020: Epstein And Facebook And Barr, Oh My!

/ Jack Marshall / 5 Comments

It’s Thaturday!

Time, once again, to salute the courage of Karen Carpenter’s much less talented brother Richard, who nonetheless had the courage to offer, as his only notable solo offering for the Carpenters, a song that highlighted his speech impediment. Why did he do this? We’ll never know.

And yes, I have “The Wizard of Oz” on the brain. It was so much better when that wonderful movie was only on TV once  a year: then it was special. Now, especially over the holidays (and what it has to do with Christmas, I don’t know) I had to repeatedly change channels to avoid it. Well, after Judy sang “Over the Rainbow, anyway…

1. Is it really so unreasonable and a “right wing conspiracy theory” to wonder about how Jeffrey Epstein, who could have implicated such powerful people as Bill Clinton and Prince Andrew in criminal activities, ended up dead in his cell?

The latest forehead-slapping development: The video  made outside of Jeffrey Epstein’s Manhattan jail cell when during his failed suicide attempt seemed to be missing, and even possibly destroyed. The jailhouse video turned up, however, muting suspicions about whether Epstein’s successful  suicide at the Metropolitan Correctional Center wasn’t something more sinister.  Prosecutors confirmed that the video had been saved. This week, however,  prosecutors revealed that the jail staff  had preserved video from the wrong jail cell, and the Epstein footage no longer existed.

Meanwhile, two guards who were on duty when  Epstein killed himself are being charged with falsifying records and conspiracy. The guards surfed the internet and dozed instead of checking on the prisoner every half-hour, as they were required to do.

Conspiracy or not, this is epic incompetence, and rather convenient incompetence at that. Hanlon’s Razor, however, applies. I guess.

My only other observation is that government efficiency and job performance is obviously so reliable that I don’t know why Bernie Sanders isn’t running away with the Democratic nomination race. Of course we should put government employees in charge of our lives. It’s a no-brainer. Continue reading →

Damned If You Do, Damned If You Don’t…

/ Jack Marshall / 9 Comments

.

An Oregon woman, Kristine Johnson, is suing the Church of Jesus Christ of Latter-day Saints (that’s the Mormon church) for $9.54 million because Timothy Samuel Johnson, her husband, confessed to church leaders that he had sexually molested a child, and he was reported to law enforcement authorities, leading to his arrest, conviction and imprisonment. The lawsuit alleges that local church leaders breached confidentiality and the “priest-penitent privilege. Timothy Johnson had confessed to  clergy that he had repeated sexual contact with a minor. Local clergy’s actions “totally violated church policy,” says the woman’s lawyers. “It’s been devastating on the family,” plaintiff’s counsel told the press. “They lost a husband and a father, and local girls lost a reliable source of gifts, friendship, and excitement.”

OK, I’m kidding about the part after “father.” Continue reading →

Morning Ethics Warm-Up, 1/10/2020: Clean Up On Aisle Ethics!

/ Jack Marshall / 4 Comments

Good morning.

1. Poll report! In the “just what is Pete Buttigieg?” poll, “panderer” and my personal favorite, “asshole,” are running neck and neck:

The previous poll on fat-shaming isn’t close, with about 90% siding with fitness guru Jillian Michaels…

The poll asking which idiotic statement about the U.S. blowing up the Iranian terror chief produced a landslide for Rep. Omar:

2. Baseball Hall of Fame Ethics. MLB’s sportswriters who made public their votes for the Hall of Fame (the results of the election will be announced Jan. 21) all voted for #1 steroid cheat Barry Bonds and almost certain cheat Roger Clemens. This depressing revelation reflects the fact that they are young, and also that they have the ethical analysis skills of marmots. Chris Haft, for example, wrote, “I initially refused to vote for Bonds or Clemens, but they are guilty for their alleged wrongdoings only in the court of public opinion. That’s not damning enough not to vote for a guy.” I don’t even know what he thinks that means. That there wasn’t a trial? Former Washington Post writer Richard Justice wrote, “I weigh the ethical questions of the so-called “Steroid Era” every year. My essential position has not changed. Unless a player has been suspended by MLB for PED use, I give him full consideration.” In other words, if he wasn’t caught he should continue to get away with it all the way into the Hall. There is absolutely no question that Bonds played the last half of his career so loaded with PED that they were coming out of his ears. This is like saying that you are convinced that O.J was innocent because he got away with it.

3. One “Arrgh! World War III!’ note...Stephen Kruiser, a conservative blogger, commented on the Democrats apparent disappointment that the President de-escalated after Iran’s symbolic attack on U.S. facilities, saying,

If you’re wondering whether I am implying that Democrats wouldn’t care if American troops were in harm’s way if it would help them defeat Trump in November, I am not. I’m saying it outright.

Then there was this telling piece in The Root, which was somehow posted with approval by an African American Facebook friend, proving State 4 Trump Derangement. The headline: The President of the United States Just Publicly Went Out Like a Bitch. And That’s Fine by Us.

Got that? If the President is bellicose, he’s a dangerous madman. If he is diplomatic and works to defuse the situation, he  (quoting here): “completely bitched out. In fact, before the president stepped to the podium, Managing Editor Genetta Adams called it, noting that the president ain’t about that life. “He’s going to pussy out like he did with [Speaker of the House] Nancy Pelosi and the [government] shutdown. He’s really a chicken when someone punches back.”

It literally doesn’t matter what the President does to the Deranged. It must be wrong. Continue reading →

The War On Dollar Stores

/ Jack Marshall / 25 Comments

The problem–well, one of them—with trying to control how other people choose to live their lives is that nobody’s smart enough to do it without making things worse. Still,a lot of sociologists and politicians think they are smart enough.

Oklahoma City, Tulsa, Fort Worth, Birmingham, and Georgia’s DeKalb County have passed restrictions on dollar stores, and other communities are debating whether to follow their example, where laws and zoning regulations limit how many of these small stores can open within a particular area. Other laws dictate what they can and can’t sell, most notably fresh food. You see, the antipathy to dollar stores is based on the narrative pushed by activists that they saturate poor neighborhoods with cheap, over-processed food, squeezing out other retailers and lowering the quality of nutrition in poor communities. An analyst for the Center for Science in the Public Interest makes the argument, “When you have so many dollar stores in one neighborhood, there’s no incentive for a full-service grocery store to come in.” Dollar stores, like Dollar Tree and Dollar General, the researchers say, make neighborhoods seem poor, and scare away better stores,  “locking in poverty rather than reducing it,” as one told the Washington Post.

Ah! Poor nutrition  is the fault of dollar stores!

Oops! Continue reading →