Saturday Ethics Warm-Up, 12/15/2018: A Good Firing, A Good Trend, A Bad Law, An Unethical Complaint, And A Tardy Confession

Rain rain go away; come back another day; Jackie wants to GET THE %$#^&@!!! Christmas tree up and start the annual  10 hour HELL of decorating it!

1. Is Facebook blocking Ethics Alarms? Several readers have reported that their efforts to share posts have been foiled. I can’t post links to it; my last several tries on two different posts have gleaned an error message. No one has shared a post to Facebook anywhere for nine days, which is very unusual. The last Ethics Alarms post with any shares was the “Kiss the Girl” post, which had quite a few.

I also have no idea what to do if Facebook is blocking the blog, and not much motivation to do it. Increasingly I am finding that my Facebook friends are making me lose respect for them with their constant virtue-signaling to the Left and refusal to accept any contrary opinions without stooping to personal insults. The “Facebook community” standards are incompatible with ethics commentary? I’m not surprised, and it can bite me.

I have literally never written anything that would justify social media censorship, assuming fair, responsible and free speech-respecting social media.

2. “The best people.” Ryan Zinke is finally leaving the Cabinet, and the President will be looking for a new Interior Secretary. The former Montana congressman and Navy Seal had an ethically tone-deaf and politically controversial tenure, facing nearly 20 federal investigations ― one of which his agency’s inspector general recently referred to the Justice Department for possible criminal violations. Like Trump himself, Zinke was incapable of recognizing that when you embark on a controversial policy mission, you have to stay squeaky clean, or the news media bring you down. This is simply stupid, arrogant and self-destructive.  Zinke should have been fired months ago.

3. Hooray!The NFL isn’t as criminal as it used to be! I guess that’s something. It was reported that “only” 36  incidents occurred in 2018 that ended in the arrest of an NFL player, down (so far) from 49 last year, and 80 a decade ago.

I guarantee that you can count the parallel incidents in Major League Baseball on one hand, every year.

4. Obamacare was declared unconstitutional in federal court, whatever that means.  I don’t know at this point whether the decision has a prayer of surviving. I do know that the legislation is and was a fiasco, and that this is what one gets when a party decides to rush major legislation through while by-passing the other party, a President repeatedly lies about it to get public support based on misinformation, and the bill is voted on with few, if any, legislators actually reading the law.

I also continue to marvel at the number of otherwise intelligent Americans who continue to idolize President Obama, who is responsible for this mess and claims it as his “signature achievement”—all while the same Americans rail about President Trump’s “lies.” He has not made a single misstatement in the past two years that has been a fraction as consequential as Obama’s lie about the Affordable Care Act. Continue reading

Comment Of The Day: “Open Forum Ethics (Justice System Thread)”

The Open Forum this week raised several new ethics topics I will be posting on soon, in addition to its bumper crop of Comments of the Day. The latest of these is another by Michael R., following  the posting of this link.

Here is Michael R’s Comment of the Day on the justice system thread in Open Forum Ethics:

I have wondered about the ethics of citizens shooting criminals when they are legally justified. Should a citizen try at all costs to avoid shooting a criminal when legally justified or should citizens shoot and attempt to kill criminals any time it is legally justified? Sad to say, I am beginning to think the latter is preferable. I will give an example to illustrate why.

A man committed 5 home invasions in 1 day in my neighborhood about 2 years ago. During the first 4 home invasions, the residents were armed and drove him off. In the 5th, the resident held him at gunpoint for police (my neighborhood is kind of rough for home invaders). The police told the 5th homeowner he should have killed the man. You may wonder why. The criminal was convicted on all 5 counts of home invasion as well as being a felon in possession of a firearm. Justice, right? Well, he has already been released from prison. He severely beat two women while robbing them. He led police on a high speed chase in a stolen car while shooting at them. He was shot and crashed the car (doing extensive property damage). He will require extensive medical care at state expense for the rest of his life. If the homeowner had killed him, those women wouldn’t have been beaten and robbed, the car wouldn’t have been stolen, and the public wouldn’t be paying millions to take care of this criminal. Continue reading

One More Reason Not To Watch “Bull”

Harassed and harasser. Guess who stayed employed?

“Bull,” the CBS legal drama starring Michael Weatherly as a roguish, brilliant jury consultant who violates so many ethics rules on behalf of the submissive lawyer who employs him that it actively makes viewers dumber, reached my boycott list almost immediately. It’s a shame, because I could get a lively post, sometimes several, out of virtually any episode, since the show’s respect for ethics, professional and otherwise is non-existent.

Now there’s another good reason to avoid “Bull.” CBS has investigators checking the depth and length of the cultural norms of sexual assault, harassment and cover-ups at CBS, where CEO Les Moonves was recently fired after it was revealed that he was a serial sexual predator. That was odd, too, because the other networks enjoyed painting Fox News as a den of sexism after founder Roger Aisles was exposed as exactly the sort of pig who would make his female talent dye their hair blonde and dress like cocktail hostesses. They also had their news reporters sneering and preaching about evil Candidate Trump boasting about “grabbing them by the pussy” while their execs and stars were actually doing it. (My guess? Every one of the major networks has corrupt, harassment-supporting cultures like Fox and CBS. Every single one.) One of the revelations was that actress Eliza Dushku, the bad vampire slayer on “Buffy,” was harassed repeatedly by “Bull” star Michael Weatherly, and when she complained about it, was fired. To cover-up, Dushku was paid nine million dollars as damages and hush money. As you know, this must have been a campaign financing violation.

The story is disgusting. Read it and retch. to summarize, Weatherly, who apparently is very much like the charming jerks he plays, pet making sexual comments to Dushku, calling her “Legs” on the set, suggesting that she participate in “threesomes” and similar comments. Soon other men on the show were doing the same. Dushku, who had been signed up play a continuing role on the show, complained—as she should have—and Weatherly had her fired. Then CBS paid to cover it up.

Nice.

It is amazing to me that even in the ethics cesspool of show business, this behavior continues to happen, and big corporations continue to allow it, indeed facilitate it. Weatherly says he was misunderstood, that he was joking—like when he said in front of the cast and crew that he would bend her over his leg and spank her, or when he said he would take . Dushku to his “rape van,” which he said was filled with phallic objects and lubricant—that this is just the way he is, that he didn’t mean anything by it and is sorry that he upset anybody.

Bull.

This is classic sexual harassment, and would have been rude, unprofessional and abusive conduct before the term “sexual harassment” was invented.

I have had many female peers and subordinates in my embarrassingly diverse career, including many who were single, attractive, and who caused my heart to skip a beat every time I saw them. I never once made a sexually suggestive comment to any of them; it would not have occurred to me to do so. The reason is that I was raised properly to be respectful to women, and because I instinctively understood that the workplace, even the confusing workplace of show business, was not a locus where basic manners and common sense were suspended. This shouldn’t be hard. That particular ethics alarm should be installed and fully functional by the time a child is 10.

Weatherly, of course, as the star of a successful, popular and lucrative show, assumed that he was immune from discipline, and he was, sadly, right. What should have happened was that the producers should have called him in to grim scene with lawyers present. He should have been told that his conduct was not only stupid and vulgar but illegal. He should have been required to apologize to the actress and to make an appropriate statement to the cast and crew. Finally, he should have been told that a single instance of this kind of conduct, or any hint or retaliation against Dushku, would result in his dismissal for cause.

Disney and ABC, you will recall, fired Roseanne Barr from her own show for a single tweet. Even a CBS show had acted decisively when “Criminal Minds” fired star Thomas Gibson for kicking a writer. Ah, but one instance was racism, and the other was violence. The tragedy is that too many organizations and powerful men, especially in Hollywood and Washington, D.C., still don’t see sexual harassment as all that big a deal. No, it certainly doesn’t help the the President of the United States also doesn’t think it’s a big deal, but you can’t blame CBS’s conduct on him.

There is no excuse for this. There was never any excuse for this.

Enlighten, Impress And Depress Your Friends! Explain Why The President’s Alleged Election Law Violation Was Not One, Much Less A Justification For Impeachment

When Trump lawyer/crony/fixer/slimeball Michael Cohen was first arrested, multiple lawyers, legal experts and commentators who principles and integrity had not been melted by “the resistance” pointed out that paying hush money to a an old sexual partner threatening disclosure couldn’t possibly be an election law violation. Oh, details, schmetails: the point is to get Trump; what does the law have to do with it? After all, Representative Al Green, who has entered an impeachment resolution twice already, now says his next try will be based on “bigotry.” Hey, most Democrats in the new House would probably vote for impeachment based on “covfefe.

Sure enough, when Cohen, trying to save his own neck, was bullied into pleading guilty to a non-crime, the media and social media hills were alive with the sounds of impeachment. The celebrants, however, are just wrong. Cohen’s plea shows a cowardly, disgraceful unethical lawyer; it shows that his lawyer, Lanny Davis, may be more interested in getting Trump than representing Cohen; it shows that the prosecutors in the case are unethical, and that the judge should not have accepted a plea to something that was not and cannot be a crime. It does not show that the President violated the federal election laws.

Attorney Bradley Smith, a former head of the FEC, explains why clearly, concisely, and decisively, here.

Of course, all the logic, facts and law in the world won’t put a dent in Stage 4 Trump hate. (To be fair, the news media and pundits aren’t helping them any by refusing to cover the issues and law straight.) But at least you will have given them a chance. It is Christmas time, after all.

Morning Ethics Warm-Up, 12/13/2018: The All-Segue Edition

Good Morning!

(Though any day that begins with the legal gossip scandal-sheet website Above the Law sending me a “media inquiry” as they dig for dirt is not a good day.)

1. In brief. Well I have now received the appellant’s brief in a certain lingering law suit regarding Ethics Alarms. What fun. Anyone who wants to read it is welcome; those who have dealt with pro se submissions will immediately recognize the syndrome, lawyers may be amused, and non-lawyers may be edified. I expect to knock out the reply brief today, which won’t have to be more than a few pages. It’s not like I have better things to do or anything…

2. Speaking of cases that should have been thrown out of court…Reason reports:

In June, an Oakland County sheriff’s deputy pulled Dejuante Franklin over in front of a gas station for a traffic violation. While handing Franklin his ticket, NWA’s “Fuck tha Police” began to play in the background. As it turns out, James Webb, who did not know Franklin, witnessed the stop. He decided on his own accord to turn the song up louder before walking into the gas station store. When he exited, the officer slapped him with a ticket for misdemeanor noise violation, citing that Webb played the song at an “extremely high volume.”

It took 9 minutes of deliberation for a jury to bring in a verdict of  not guilty. This was an obvious attempted end-around the First Amendment by the officer, and the judge shouldn’t have let it get to a jury at all.

3. And speaking of abusing First Amendment rights…as well as “A Nation of Assholes,” MSNBC’s “Morning Joe’s” co-host and wife-to-be (don’t get me started on THAT) Mika Brzezinski,  called Secretary of State Mike Pompeo a “butt-boy” during yesterday’s show.  Why not? After all, CBS lets its on-air personalities call the President a “cock-holster.” Mika wouldn’t have had her filters down, of course, if the culture around MSNBC wasn’t rife with such hate, but she realized mid-show that this wasn’t exactly professional or civil news reporting, and babbled an apology. Too late!

An ethical, professional news station would suspend her, but this is MSNBC, and there are no ethical, professional news stations.

4. Meanwhile, speaking of media bias and unprofessional reporting...A New York Times “fact check” on the contentious meeting among Trump, Pence, Pelosi and Schumer had this amusing note:

“Mr. Trump has long charged that Democrats want open borders, slinging accusations at a higher clip in the waning days of the midterm elections campaign in November. Democrats do not want open borders, evidenced in part by border security legislation that Democrats have supported. What Democrats do not want is Mr. Trump’s costly border wall.”

Oh, that’s a fact, is it? No, Democrats, at least a great many of them, DO want open borders, evidenced in part by their wilful refusal to distinguish between illegal immigrants and legal immigrants, their insistence on signalling through their support for “Dreamers” that bringing children across the border illegally is a virtuous act, their position that illegal immigrants should be allowed to stay in the U.S. as longs as they don’t break any more laws, their constant demonization of necessary border enforcement efforts, and their proposals to abolish ICE. Continue reading

Lost Tuesday Ethics Scraps, 12/11/18: Statues, Tucker Carlson And “To Kill A Mockingbird”

Good whatever it is.

I guess I’m not as recovered as I thought: one high energy ethics presentation to a sluggish audience today and I was fried. This better not be encroaching old age, or I’ll be pissed.

1. Thank you for making the open forum this morning active: I wish you all had been in my audience today. I haven’t read any of it yet (I did finally get your excellent comment out of moderation, Michael R!); I’m trying to get my own posts up.

2. Stolen art ethics. No doubt: the looting of art from the Old World by American tycoons and museums is a long-time ethics scandal, and the international court battles settling the disputes will continue for a long, long time. The argument over a 2000-year-old bronze statue, known as “Victorious Youth between the Getty Villa and Italy, however, is not as clear as most. Italy’s highest court has ordered that the sculpture should be returned to Italy. Currently, it is on display at the villa on the outskirts of Los Angeles, which is part of the J. Paul Getty Museum. It was retrieved from Adriatic waters by Italian fishermen in 1964, and sold to successive collectors and dealers. After a decade-long legal battle, Italy’s Court of Cassation ruled  that the statue should be confiscated and brought back to Italy, rejecting the Getty’s appeal. Getty is not giving in.

The ethics as well as the law is murky. This is not a case like King Tut, where Indiana Jones-style archeologists and adventurers, just uncovered foreign cultural treasures and took them home. Before acquiring the prized artifact, the Getty undertook a comprehensive, five-year study of whether the statue could be purchased legally and in good faith. Their due diligence extensive analysis of international, Italian, American and California law and of Italian court decisions pertaining to the work.

In 1968, Italy’s Court of Cassation ruled that there was no evidence that the statue belonged to the Italian state; after all, it is Greek. Although the fishermen took the statue onto Italian soil, the court did not find that its brief presence in Italy transformed the sculpture into a component of Italian cultural heritage. Eventually the statue made its way to a German art dealer who put the statue up for sale. According to the Getty, in 1973, acting on a request from Italy, German police initiated an investigation into whether the German dealer had received stolen goods. The investigation was dropped for lack of evidence of wrongdoing. In 1977, the Getty purchased the bronze in Britain for almost $4 million from a gallery affiliated with the German dealer. The bronze has now been publicly exhibited, studied and cared for at the Getty for 40 years. Continue reading

Ethics Quiz Of The Day: What’s None Of Harvard’s Business?

Now we own you.

Boy, Harvard is getting like the Candyman (no, not Willy Wonka, the horror movie version): mention its name enough times, and it appears behind you, with mayhem on its mind.

A case filed in federal court by a Harvard University student, “John Doe,” argues that the school overstepped  its authority by investigating him for a rape allegation lodged by a non-student in a city where police declined to prosecute. He contends that Harvard did not have the authority to open an investigation into sexual assault allegations levied by a non-Harvard student regarding an incident that did not take place on University property. “Doe” demands that Harvard end the investigation and pay him $75,000 in damages, as well as compensate him for any costs incurred during litigation.

Doe’s suit states that, during summer 2017, Doe and “Jane Roe” ( the unnamed woman he allegedly raped) were both working internships in Washington, D.C. The D.C. Metropolitan Police Department investigated the alleged assault but ultimately decided not to prosecute the case. “Roe” has filed a civil suit against the Harvard student.

The University’s Office for Dispute Resolution opened an investigation into Doe in October 2018

Harvard University’s policies related to sexual and gender-based misconduct, readable here, apply only to misconduct perpetrated by students while on campus or in connection with University-recognized activities. The  guidelines followed by the Faculty of Arts and Sciences are more expansive, as it states that the school  may hold all students to the expectation that they behave in a “in a mature and responsible manner” no matter where they are.

“It is the expectation of the Faculty of Arts and Sciences that all students, whether or not they are on campus or are currently enrolled in a degree program, will behave in a mature and responsible manner. Consistent with this principle, sexual and gender-based misconduct are not tolerated by the FAS even when, because they do not have the effect of creating a hostile environment for a member of the University community, they fall outside the jurisdiction of the University Policy.”

Whatever that means.

Meanwhile, new Title IX guidelines proposed by Education Secretary Betsy DeVos and released by the department last month stipulate that schools are not required to open investigations into alleged acts of sexual misconduct that took place outside the bounds of a school “program or activity.”

Doe’s suit charges Harvard with breach of contract and breach of covenant of faith and fair dealing. In allowing him to attend classes in exchange for “substantial amounts of money,” Harvard created a reasonable expectation that Doe would earn a degree from the school. One possible result of an ODR investigation would be expulsion.

“Harvard has breached, and is breaching, its contractual obligations by subjecting Mr. Doe to a disciplinary process that—in the ways, and for the reasons, set out above—is arbitrary, capricious, malicious, and being conducted in bad faith,” the complaint states. ODR informed Doe that the investigation is based on Roe’s allegations. In an email submitted as an exhibit in the lawsuit,  ODR’s senior investigator wrote that the College Title IX coordinator filed the case, then reached out to Roe to ask her to participate as a complainant in the investigation. Doe asked Harvard to temporarily suspend the investigation pending the results of Roe’s civil suit. Doe stated a simultaneous ODR investigation would have a “serious impact” on his ability to defend himself in the ongoing civil case, according to the complaint.

Harvard, noting that the D.C. police was not going to investigate the allegations, rejected the request.

Let’s put aside the law and Harvard’s policies for now, and stick to ethics.

Your Ethics Alarms Ethics Quiz of the Day is…

“Is it fair for a college to investigate alleged misconduct, including crimes, on the part of student, when the conduct occurs in a different city and local police have declined to take action?”

Continue reading

Cold Monday Morning Ethics Warm-Up, 12/10/18: You’ve Got Ethics To Keep You Warm!

Brrrrr!

Maybe this will help...

1. Starting with the important stuff: Baseball’s badly-named Today’s Game Era Committee announced that long-time right-fielder/designated hitter Harold Baines and towering closer Lee Smith had been voted into the Major League Baseball Hall of Fame. Smith, who retired as the all-time saves leader and is now third behind two Hall of Famers, was a defensible pick, but not Baines. The Committee’s job is to look back on players who were rejected in the regular Hall of Fame voting process and see if some of them fell through the cracks who were Hall caliber. There are only 16 members of the committee, and an ex-player needs 12 votes to enter Cooperstown. The sixteen members included at least four with strong ties to Baines, and they  presumably argued eight more members into letting him squeak by.  Bias made them stupid. Those four, which included Baines’ former manager and the owner of the Chicago White Sox, which retired his number, should have had to recuse themselves because of conflicts of interest.

Baines led the league in an offensive category, once, when he had the best slugging percentage in the American League. He never finished high in the Most Valuable Player voting. Most of the players who compare most closely to him are not in the Hall. The big thing Baines had going for his candidacy as a very good but not great player was that everybody liked him. He’s sort of the opposite of Curt Schilling, who is clearly Hall-worthy but whom most sportswriters hate—too religious, too conservative, too mouthy.

Now the argument for admitting other good but not great players will be, “But he was better than Harold Baines!” This is how conflicts of interest undermine the integrity of institutions.

2. When Naked Teachers have no excuses.  The Naked Teacher Principle holds that when a teacher allows a nude photo of herself or himself to circulate on the web where it can be seen by students, that teacher cannot complain when and if it leads to their dismissal.  A teacher really can’t complain if she sends the photo to a student intentionally, which is what Ramsey Bearse, 28, a former Miss Kentucky now teaching at Andrew Jackson Middle School in Cross Lanes, West Virginia, did with a 15-year-old former student , according to the sheriff’s office. She faces four felony counts of distributing or displaying obscene matter to a minor.

3. Pondering whether to include an open Ethics Alarms forum as a regular feature. Many of the blogs I frequent for story ideas do this late at night. Ethics Alarms has done it once when I was forced to be away from a keyboard for most of the day, and I was impressed with the results. Those forums on the other blogs often devolve into silliness, bad jokes, memes and worse, and I would insist that an “open forum” on Ethics Alarms be restricted to raising and discussing ethics and ethical topics. Continue reading

Sunday Ethics Warm-Up, 12/8/18: “Unconscionable, Despicable, And Indefensible”

Good morning!

1. The Hader Gotcha strikes again. Let me be clear: this is unconscionable, despicable, and indefensible. (Aside: Do you like that trio? In “Perry Mason,” the lawyers always objected that a question was “incompetent, irrelevant, and immaterial,” because it sounded nifty. I’ve never heard that objection made in a real trial, or read it in a transcript.) To remind you all, during the baseball season, beginning with young All-Star pitcher Josh Hader, multiple baseball players were embarrassed when someone with ill intent searched their old Twitter feeds to search for tweets that could be deemed racially offensive, hostile to gays, or disrespectful of women. I dubbed this miserable practice as “The Hader Gotcha.“All of the players had to grovel apologies to their team mates and the public, as “woke” sportswriters condemned them and lobbied for MLB to punish them for impulsive social media comments made before they could vote, before they were celebrities, and when their followers consisted of fourteen or so pimply-faced jerks. The same basic principle was employed to smear Brett Kavanaugh, the unfair and factually false preemption that conduct and attitudes displayed by minors indicate what their character is in adulthood.

Well, I guess it’s nice to know that not only whites, baseball players and conservatives are victims of this crap. Mere hours after winning the Heisman Trophy as the nation’s outstanding college football player, Oklahoma Sooners quarterback Kyler Murray had to apologize today for anti-gay tweets he made in 2011-12 , when he was 14 and 15 years old.

In case you are keeping score, because I am, the culprits here are an irresponsible, vicious news media, totalitarian-leaning leftists who want to police thoughts and intimidate the public into ideological conformity, and social media lynch mobs.

2. Sure, Donald Trump is the fear-monger. The increasingly hysterical and hyped warnings and soothsaying by various climate change-promoting bodies are either causing over-sensitive, scientifically ignorant and gullible members of the public to descend into despair, or members  of the news media are deliberately trying to cause fear and panic—at least based on the broadcast lament of MSNBC’s Katie Tur. The anchor told her audience that life was meaningless without a mass effort to combat the horrors of the warming planet. Discussing a New Yorker article on the topic, she said,

“I read that New Yorker article today and I thought gosh, how pointless is my life, and how pointless are the decisions that I make on a day-to-day basis when we are not focused on climate change every day, when it’s not leading every one of our newscasts?”

Unconscionable, despicable, and indefensible? No, just irresponsible, unprofessional, and stupid. And they wonder why so many people can’t take these hysterics seriously…

3. And the winner is…Plan K? Former federal prosecutor Andrew McCarthy thinks that the sentencing statement on Michael Cohen means that the President is very likely to be indicted on a charge of violating federal campaign finance laws  by the U.S. Attorney for the Southern District of New York, who has openly been pursuing a “get Trump” campaign. The theory would be election law violations in the pay-offs to Stormy Daniels, even though paying off a kiss-and -tell threat is usually legal, and even though election law violations are typically handled with fines, not indictments. McCarthy writes,

When it was discovered that Barack Obama’s 2008 presidential campaign was guilty of violations involving nearly $2 million – an amount that dwarfs the $280,000 in Cohen’s case – the Obama Justice Department decided not to prosecute. Instead, the matter was quietly disposed of by a $375,000 fine by the Federal Election Commission.

Yes, but Obama’s Justice Department’s mission was to run interference for the President, and there was not an ongoing effort to find some way to undo a presidential election. Continue reading

Saturday Ethics Warm-Up, 12/8/18: Last Weekend Before I Have To Decorate The %^&$! Christmas Tree Edition

Good morning!

1. How can this be? Based on the same documents, the President crowed that Mueller had nothin,’ and the mainstream Trump-hating media crowed that the walls were closing in. It’s a confirmation bias orgy! Charges aren’t evidence, and attempted contacts with a foreign power isn’t “collusion,” and we’ve already talked about the theory that paying off a floozy not to kiss and tell, which is 100% legal at all other times, is a stretch to call and election law violation when the rake is running for President. No such case has ever been brought; it’s dubious whether one would prevail; even if it did, this is a fining offense at most. [ For the record, this is the “resistance’s” Impeachment Plan K, in my view, one of the lamest.]

Both sides are jumping the gun. In the media’s case, it’s more fake new, future news and hype.

2. Stare decisis vs. the prohibition on double jeopardy. In Gamble v. US, just argued before the Supreme Court, the question is whether the federal government can try a citizen for the same crime a state court acquitted him of committing. I’ve always hated the rule that it can (the cops in the Rodney King case were jailed that way), because it seems clear to me that the Constitutional prohibition on double jeopardy (that’s the Fifth Amendment) was intended to prevent such trials. Still,  previous Supreme Court decisions have upheld the convictions.  In the current case, it appears from oral argument that a majority of the current justices agree with me, but are hesitant to so rule because of the doctrine of stare decisis,  which means respecting long-standing SCOTUS precedent.

A ruling to apply double jeopardy would be a ruling against stare decisis, meaning that Roe v. Wade might have less protection than many—including me–have thought. Stay tunes, and watch Justice Kavanaugh’s vote particularly.

3.  Is wanting to/needing to/ actually taking steps to changing one’s sex a mental disorder? There have been a lot of articles about this lately, especially in light of evidence that peer groups, the news media, LGBT advocacy and parents are making many young children want to change their sex before they even know what sex or gender is. The question is itself deceptive, because it pretends that “mental disorder” is anything but a label that can be used or removed with a change of attitude or political agendas. Vox writes,

Major medical organizations, like the American Medical Association and American Psychiatric Association, say being transgender is not a mental disorder. The APA explained this in explicit terms when it stopped using the term “gender identity disorder” in favor of “gender dysphoria”: “Part of removing stigma is about choosing the right words. Replacing ‘disorder’ with ‘dysphoria’ in the diagnostic label is not only more appropriate and consistent with familiar clinical sexology terminology, it also removes the connotation that the patient is ‘disordered.’”

Well, “removing a stigma” is hardly a valid criteria for deciding whether something is a malady or not. What being transgender “is” can’t be changed by what we call it. Recently narcissism was removed from the mental disorder list—that doesn’t change the fact that narcissists see the world and themselves in a way that most people do not, and that this perspective causes them and the people around them a lot of trouble during their lives. The process worked in reverse with alcoholism, where being officially labelled a disease removed a stigma.

I once directed the comedy/drama “Nuts,” which opines that “insanity” is just a view of reality not shared by the majority. It was on this basis that the Soviet Union sent dissidents to mental hospitals. I don’t care what various associations or professionals call these minority positions: we know that they are using bias and political agendas to devise the label. This is one area where a phrase I despise, “It is what it is,” may be appropriate. Continue reading