Law & Law Enforcement

The Alabama U.S. Senate Republican Run-Off: The Worst Choice Ever [UPDATED]

/ Jack Marshall / 9 Comments

And you thought having to choose between Hillary and Donald Trump was bad!

The upcoming Republican run-off for the special election to choose a successor to Alabama previous GOP Senator Jeff Sessions, now U.S. Attorney General, is as bad as it gets. Whoever wins is certain to be elected in super-red Alabama over Democrat Doug Jones, but one GOP candidate is corrupt and absurd, and the other is absurd, a fanatic and a habitual scofflaw. Both can be counted upon to immediately lower the ethical and intellectual level of the U.S. Senate, and normally I would assume that only electing a horseshoe crab or some other lower species could do the latter, while nothing short of sending Hillary Clinton back there could accomplish the former. That Alabama voters would allow their state’s seat in the U.S. Senate to depend on a run-off between these two examples of the worst of the U.S. politics bestiary doesn’t merely show that the state is backwards, it shows that its voters deserve one of these jerks. The rest of us, however, do not.

Let’s look at the two contestants, shall we? First current Senator Luther Strange, whose best feature is his name. Allow me to save you a click by re-posting a substantial section from February’s post about him:

When the Senate confirmed Jeff Sessions as U.S. Attorney General in hearings that may be best remembered as the time Elizabeth Warren earned the fawning admiration of feminists by behaving like a mean-spirited jerk, it meant that Alabama’s Republican governor got to appoint his successor. There wasn’t much discussion in the news media about who this might be, because it’s hard for journalists to inform the public properly when it is concentrating on bringing down the President, per the orders of their Eldritch Progressive Masters—sorry, I’ve got Dr. Strange stuff rattling around in my brain now—but there was some interesting speculation in Alabama.

You see,  Republican Governor Robert Bentley is fighting to avoid  impeachment as the result of a sex scandal, and one that called his honesty into question as well.

An official fired by Bentley alleged that the Governor had engaged in an extramarital affair with his senior political adviser, Rebekah Caldwell Mason. An audio recording surfaced in which Bentley told a woman named “Rebekah” that he “worr[ied] about loving you so much” and that “[w]hen I stand behind you, and I put my arms around you, and I put my hands on your breasts […] and just pull you real close. I love that, too.” At a press conference, Bentley apologized for the comments but denied having an affair and stated that his relationship with Mason was purely platonic.

Sure.

Bentley invaded the Ethics Alarms Rationalizations List, saying that  he “had made a mistake” by saying “inappropriate things” to his aide, and apologized to Mason , her family and to the people of Alabama. On April 5, 2016, an impeachment resolution against Bentley was filed in the State Legislature, which appointed a special counsel to lead an investigation into the impeachment charges. Then, in November, Alabama Attorney General Luther Strange asked that the investigation be halted pending “related work” by his office. This was widely interpreted to mean that Strange, also a Republican but not an ally of Bentley’s, was overseeing his own investigation of whether charges should be brought against Bentley.

Trump was elected President on November 8, and ten days later he announced his intention to nominate Alabama Senator Jeff Sessions as U.S. Attorney General. On December 6, 2016, Strange announced that he was a candidate for the soon to be vacant seat, meaning that he would run in the 2018 election, if he wasn’t appointed to fill the vacancy by Bentley.

With the wolves gathering at  his door, however, that’s exactly what Gov. Bentley did. He appointed the man who was overseeing his current impeachment investigation to the U.S. Senate, thus creating a vacancy in the Attorney General’s post. Then he appointed a new AG named Steve Marshall (no relation), who many doubt will vigorously pursue an indictment against the governor.

Can you say, “Appearance of impropriety”?

I can’t imagine a better example of how the law can’t anticipate everything, making ethics indispensable.   There is an Alabama law prohibiting a governor from appointing himself to fill a U.S. Senate vacancy, but nobody foresaw a situation where a governor facing impeachment would interfere with the investigation by appointing a political adversary and the Attorney General overseeing the investigation to fill the slot. This is entirely legal, and spectacularly unethical.

Some in the state wonder if Strange’s request to the legislature wasn’t part of a deal with the Governor, in anticipation of a Sessions departure.  “He definitely slowed down the impeachment process, which put the governor in a place to actually appoint him. That’s the problem we have,” said Ed Henry, the legislator who brought the original  impeachment motion to a vote.  “He stopped an impeachment process and then in turn accepted the nomination to the Senate. I believe the damage is already done.”

For this to have been a pre-arranged  quid pro quo would have required that Strange and Bentley both believe that Trump would win, however. Hmmmm. Maybe they were in league with the Russians too…?

Yet it requires no conspiracy theory to conclude that for Strange to accept Bentley’s appointment makes him complicit in a sequence of events  that appears corrupt. It is too redolent of the Roland Burris affair, when now jailed former Illinois governor Rod Blagojavich was caught selling a Senate appointment. Burris swore in an affidavit  that he had no contact with the governor prior to his appointment to a Senate seat he had no qualifications for, and then as soon as he was safely on office, suddenly remembered that he had met with “Blago.”

The newly minted Senator Strange, had he been an ethics hero—and shouldn’t we be able to expect our elected officials to be ethics heroes?—could have foiled Bentley, inspired Alabamans, and proved that he would be a worthy Senator when he ran in 2018, if he had simply turned down the appointment, saying,

‘I am grateful and honored that Governor Bentley felt that I was qualified to represent the citizen of Alabama in the U.S. Senate. However, I feel I would betray the trust of those same citizens if I were to accept the post under these circumstances. As the lawyer for the people, I am obligated to undertake and oversee a fair and objective investigation of serious allegations against the Governor, and this raised a conflict of interest for me, pitting my personal political ambition against my duties in my current position. Moreover, should I accept the Governor’s offer, it would raise doubts regarding the functioning of the legal system as well as my personal integrity. Therefore I must decline the appointment.’

Nah.

Now, however, the Senator has proven himself unworthy of his new job by accepting it.

Strange!

Now normally I would say that anyone—Kathy Griffin, Jimmy Kimmel, Dormammu—is a preferable U.S. Senate choice than this shameless, ambitious hack. Roy Moore, however, is a piece of work. The one-time kickboxer and full time fundamentalist Christian fanatic first warranted Ethics Alarms notice as an Incompetent Elected Official in 2014, and his recognition came that late only because I viewed his stand-off over displaying the Ten Commandments in his court room and trying to turn Alabama justice into a theocracy too ridiculous to write about (and Ethics Alarms didn’t exist then.) Continue reading →

Reminder: Hateful Racist Mass Murderers Have The Same Rights You Do

/ Jack Marshall / 28 Comments

Dylann Roof, the white supremacist sentenced to death after killing nine black church members as an attempt to start a race war, asked a court to replace his appointed appellate lawyers because they “are my political and biological enemies.” The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals denied his request.

Roof’s pro se motion stated that his lawyers, Alexandra Yates and Sapna Mirchandani, “are Jewish and Indian, respectively. It is therefore quite literally impossible that they and I could have the same interests relating to my case.”  Roof had difficulties on the same basis with his court-appointed lawyer, David Bruck, during his trial. The murderer wrote  in his motion that Bruck is Jewish and “his ethnicity was a constant source of conflict even with my constant efforts to look past it.”

I have been shocked at the reaction of the legal profession, the news media and the public to the 4th Circuit’s ruling. It really does appear that all the education in the world, ethics rules, principles and the Constitution will still be steamrolled by hate and emotion, even when crucial, indeed existential values for our society are at stake. My trust and respect for all professions—all of them—have been grievously reduced by their conduct and ethics blindness over that past several months. No wonder the First Amendment is under attack. No wonder our institutions are being weakened to the point of collapse.

The public literally  not understand the principle I am going to explain now. Apparently naively, I thought lawyers, judges and law professors did. In the interest of clarity, I am going to do this in short, straightforward segments.

I. The Court’s ruling is not just wrong, but frighteningly wrong.

Roof, like all citizens accused of a crime, has a right to a competent, zealous legal defense. A  competent, zealous legal defense requires that the defendant be able to participate fully in that defense. If a defendant does not or cannot trust his lawyers, he cannot be assured of a competent, zealous legal defense.

II. A client has to trust his lawyer.

It doesn’t matter why a client doesn’t trust his lawyer, and the lawyer need not agree that the lack of trust is warranted. The question is whether a lawyer who is not trusted by his client can do an adequate job representing him. The answer is no. The Sixth Amendment, which guarantees a fair trial and legal representation in criminal cases, is not there for the lawyers, or courts, or government. It exits to protect the accused—all accused.

In a famous medical ethics case, an elderly Korean man in a hospital wanted his doctors, specialists in his malady, replaced because they were Japanese-Americans, and as a survivor of the horrors Japan inflicted on Korea, he was convinced that they would kill him. The hospital ethics committee held that he was an irrational bigot, and that he either had to accept the qualified physicians despite their race, or get out. The AMA disagreed. It said that the patient’s welfare is paramount in medical ethics, and a patient who does not trust his doctors—the reason doesn’t matter—will have his welfare and health endangered as a result.

The same principle should apply to Roof. A client who does not trust his lawyer will not, for example, be candid with him, or trust him to keep confidences.

Under the circumstances Roof described, the lawyers have an ethical obligation to withdraw. Two rules are involved:

Client-Lawyer Relationship
Rule 1.7 Conflict Of Interest: Current Clients

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing. Continue reading →

Morning Ethics Warm-Up, 9/22/2017: Listening To Maxine Waters And Getting Hit In The Face With A Baseball

/ Jack Marshall / 82 Comments

Good Morning!

(Boy, am I glad this week is almost over…)

 

1 There is an Ethics Alarms category for incompetent elected officials like Maxine Waters, but in general I try not to state the obvious, and Rep. Waters has been an embarrassment to her district, her party, the House of Representatives, her party, the Congressional Black Caucus, her gender, her race and democracy generally for decades. Her latest statement that “Impeachment is about whatever Congress says it is. There is no law that dictates impeachment” is an especially striking example of her ignorance, her defiance of her ethical duties, and her sick partisan extremism, but still: Who that has watched this woman can be shocked at this?

During a Congressional Black Caucus town hall yesterday, Waters called on the black community which, to our pity and its shame, trusts this despicable woman to support impeaching President Donald Trump because “there is no law” restricting the practice.

Waters either is unaware of or chooses to defy the Constitution’s Article II Section 4: 

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

A. That’s law. In fact, it’s the law of the land.

B. “Treason, Bribery, or other high Crimes and Misdemeanors” is not synonymous with “Anything Congress decides”

One of the worst things about Waters is that she makes citizens who trust her more ignorant about their own country. Her characterization of impeachment is simply false. It is also a prelude to an anti-democratic, ant-Constitutional system in which the Legislative Branch can veto the results of an election as long as one party has a sufficient majority. In this regard, Waters is not alone: this has been a theme of the Democratic “resistance” since the election. That alone is just reason for any rational American to vote against the Democrats, and this would be true if a werewolf were President.

It’s always fun to guess whether Waters is stupid, or lying. I vote stupid. “Bill Clinton got impeached because he lied,” Waters said yesterday. “Here you have a president who I can tell you and guarantee you is in collusion with the Russians, to undermine our democracy. Here you have a president who has obstructed justice, and here you have a president that lies every day.”

Bill Clinton was impeached for lying under oath, which made him unfit to be a lawyer, much less make the laws. He was also impeached for lying to a grand jury, another crime, and obstructing justice for real, not by firing his own subordinate.

An ethical party would censor Waters the way Republicans supported censoring Joe McCarthy. At this point in its history, the Democratic Party is closer to following Waters’ unethical conduct than opposing it. Continue reading →

Unethical Headline Of The Month: NBC Sports

/ Jack Marshall / 24 Comments

I suppose the Ethics Alarms headline could also be Ethics Dunce: Bill Baer, for the NBC baseball writer responsible for the irresponsible, misleading, ignorant and mighty close to libelous story under the headline, which is…

Sherwin Williams is trying to back out of a charitable contribution at Angel Stadium

No, it isn’t. Not even close.

Here, in part, is what Baer writes. Raise your hand when you realize that he is full of beans:

The paint company Sherwin Williams created a neat promotion at Angel Stadium. There’s a giant paint can with the brand name in left-center field. If a player hits a ball into the can, Sherwin Williams will donate $1 million to the Angels Baseball Foundation, the Angels’ charity for kids.

Angels outfielder Justin Upton appeared to trigger that charitable contribution when he hit a solo home run to left-center field against Indians closer Cody Allen on Tuesday night. The ball bounced in front of the can and then went in on a hop.

ESPN reports that Sherwin Williams is using a technicality to try and get out of the obligation. Because Upton’s home run didn’t land in the can on the fly, Sherwin Williams is saying they’re not obliged to make the $1 million donation. In 2014, Frazee Paint and the Angels agreed to the paint can promotion and indeed the press release says, “…if an Angels player hits a home run that lands in the can on the fly, the company will make a $1 million donation to benefit the Foundation’s efforts to improve the lives of children in the community.” Frazee Paint is now owned by Sherwin Williams.

The first lie in the story that helps generate the false headline is, “If a player hits a ball into the can, Sherwin Williams will donate $1 million.” False. As the story itself confirms, the paint company agreed to donate the sum if a player hits a ball into the can on the fly, meaning without hitting the ground first. Also, presumably, this has to occur during a game, and not batting practice. I would assume that a player can’t stand ten feet away between innings and try to hit a ball into the can either. Or use a tennis racket to do it.

The second lie is that Sherwin Williams is using a technicality to try to get out of the obligation. Actually, the second lie is that ESPN reports that Sherwin Williams is using a technicality, because ESPN’s story, unlike NBC, is accurate. It doesn’t use the term “technicality” anywhere. Its headline is also accurate: ” Justin Upton’s homer doesn’t count for $1 million paint can promotion.”

That’s correct. The homer didn’t, and doesn’t. The ESPN story does say that the crowd applauded and cheered when the ball landed in the can, thinking the terms of the promotion had been met. What a surprise: a crowd of fans doesn’t know what’s going on. Sports reporters, however, are paid not only to know what’s going on, but to accurately explain it to the great unwashed.

After three lies, Baer (all right, if the headline is the first lie, then it’s four lies), writes, “indeed the press release says, “…if an Angels player hits a home run that lands in the can on the fly, the company will make a $1 million donation to benefit the Foundation’s efforts to improve the lives of children in the community.” Continue reading →

Morning Ethics Warm-Up, 9/19/17: Pelosi Asked For It And Got It, Hillary Is A Disgrace, The Unabomber Was Right…And The Importance Of Caring

/ Jack Marshall / 77 Comments

Good Morning!

1 Red Sox colors. I sometimes feel guilty about the fact that since I was 12, the fate of the Boston baseball team has been able to elevate or undermine my view of the day, existence  and the cosmos regardless of what other far more objectively important and significant events have occurred within my family, in my life, or to nation or the world. It is because I care, as writer Roger Angell once wrote in his New Yorker essay “Agincourt and After” (I know I have quoted it before), and caring itself has importance, whatever the object of it…

“It is foolish and childish, on the face of it, to affiliate ourselves with anything so insignificant and patently contrived and commercially exploitive as a professional sports team, and the amused superiority and icy scorn that the non-fan directs at the sports nut (I know this look — I know it by heart) is understandable and almost unanswerable. Almost. What is left out of this calculation, it seems to me, is the business of caring — caring deeply and passionately, really caring — which is a capacity or an emotion that has almost gone out of our lives. And so it seems possible that we have come to a time when it no longer matters so much what the caring is about, how frail or foolish is the object of that concern, as long as the feeling itself can be saved. Naivete — the infantile and ignoble joy that sends a grown man or woman to dancing and shouting with joy in the middle of the night over the haphazardous flight of a distant ball — seems a small price to pay for such a gift.”

2. This video is almost res ipsa loquitur for its ethical content:

Almost.

There you have it: proof positive of the slippery slope the sloppily sentimental, irresponsible support for “Dreamers” polishes to a fine sheen. The illegal immigration, open borders and anti-U.S. sovereignty activists won’t be satisfied, because they really think they have a right to just take U.S. citizenship irrespective of our laws. They will also call anyone who opposes that assertion “racist.” They are so deluded, moreover, that they don’t realize how much a display like the one above damages their unethical cause. I heard some commentators say the episode made them feel sorry for Pelosi. Sorry for her? Her demagoguery and her  party’s dishonesty and cynicism on this issue is what created that mob.

This was what George Will calls “condign justice.” Continue reading →

Morning Ethics Warm-Up, 9/17/17: Boy Scouts, “Will and Grace,” An Actress Whines, Wedding Cakes, And (I’m Sorry!) More Hillary

/ Jack Marshall / 58 Comments

Good Morning!

1 I’m giving an ethics talk to a Boy Scout troop this afternoon. Figuring out how to use example that are appropriate to ages 11-14 while avoiding hot-button issues like race, sexual orientation, police, guns and politics in general is a lot more difficult than I thought it would be. What pop culture reference points will work is also a conundrum. What movies are they likely to have seen? In the Sixties, I could have referred to Westerns, many of which routinely embodied ethics lessons. But they also often involved shooting people, and kids don’t see Westerns now. In the Eighties, I might have sent Boy Scouts to episodes of “Star Trek: The Next Generation,” which was virtually all about ethics. But Patrick Stewart is just an old guy doing commercials now, and there have been four TV incarnations of the franchise since Data packed it in, not counting the movies. Pixar movies are usually ethics-rich, but a lot of kids will bristle at being presumed to be cartoon fans. Superhero movies? The ones that raise ethics issues usually do so badly, or the issues are too complex—or too dark– for a Boy Scout Troop. Here we see the serious cultural problem of declining cultural literacy and deteriorating cross-generational communications as a result of the loss of common experience. and interests.

Well, it’s early. I’ll figure out something.

One approach I considered was to suggest they practice ethical analysis by reading the newspaper, picking out the ethics dilemmas and controversies that appear, thinking about them and arguing about them. Of course, that was foolish: they would probably ask, “What’s a newspaper?” However this morning’s Sunday Times is a perfect example. I could teach a four hour ethics seminar based on the stories in this edition alone. Look…

2. The baker who refused to sell a cake to a gay couple is back on the front page, thanks to the case winding its way to the Supreme Court. This time, the focus isn’t on Freedom of Religion (in this case, freedom to act like a jackass using your religion as an excuse), but Freedom of Speech. The government cannot compel speech, nor will the law compel specific performance of an artistic nature. The baker claims that his cakes are artistic creations, and he doesn’t have to make them for anyone or anything if he doesn’t want to.  The gay couple says that they weren’t asking for him to create an artwork, just to sell them a wedding cake. If the cake is a commodity, then the bake shop should be a public accommodation, and subject to applicable laws. Then the baker has to sell his cakes to anyone. If the cake is an “artistic creation” made specifically for the couple, then the law cannot force the baker to make it, or punish him if he refuses. Art is speech.

I hate these kinds of cases, and I’m sure the SCOTUS justices do too. A cake is sometimes just a cake, and sometimes a work of art. The confrontation should have been handled with ethics rather than law. The baker is a bigoted jerk, that’s all. I think he has a right not to make a cake for a gay couple, but exercising that right is cruel and insulting. Continue reading →

Morning Ethics Warm-Up, 9/16/17: Amazon Purges Reviews For Hillary, Equifax Must Die, Making Literature More Diverse, And The Red Sox Get Away With It…

/ Jack Marshall / 41 Comments

GOOD MORNING!

1 “It would be wonderful, wouldn’t it?”

This is the response that the widow of writer Roald Dahl to a reporter’s suggestion that Charlie, the hero of Dahl’s “Charlie and the Chocolate Factory” (aka “Willy Wonka and the Chocolate Factory:) should be made black in a future “reworking” of the book. Recently Mrs. Dahl has claimed that Charlie was originally supposed to be black, but that her husband changed the character before the book was published. She blames his agent, who was, she says (none of this is more than hearsay) afraid that the book wouldn’t sell as well in American with a black hero. She blames “American sensibility.”

No, it wouldn’t be wonderful to start changing the races (and inevitably, genders and sexual orientations) in “reworkings” of literary classics. It would be unethical and irresponsible, as well as a defilement of the author’s visions and creations. Whatever the reason was, and we cannot know it regardless of what Mrs. Dahl now claims, Charlie was white in Dahl’s book. If he had wanted his book to be about a black child, or a little girl, or a Muslim transsexual, the author would have made it so. If someone obsessed with tribal identity politics wants to write a new adaptation under their own name so we can jeer and mock him or her, swell. But it isn’t any more “wonderful” to “rework” Dahl’s own story this way than it is to make Bob Cratchit black, or Captain Ahab black, or Bigger Thomas in “Native Son” Asian-American.

Of course, a stage or film adaptation of the book can cast it any way it chooses.

2 The major business ethics story this past week has been that data security breach by credit giant Equifax. An estimated 143 million Americans now face identity theft for the rest of their lives because the company wasn’t competent to be in the business it was in. It’s that simple. The ways in which Equifax blundered into allowing all this data to be hacked are legion, with more revelations almost daily. My personal favorite is that it neglected to install a patch that would have made its files more secure, delaying for months for no good reason.

Business analysts point out that despite this massive demonstration of ineptitude, the company is not likely to suffer more than the cost and inconvenience of a class action lawsuit or five. The companies that pay Equifax weren’t harmed by the breach, just the lives of the credit-seekers who they use Equifax to check. Nobody seems to think that even this massive misconduct will put Equifax out of business.

The company has dumped some executives, and will probably dump some more, reorganize, and padlock that barn door securely now that the horse has fled. Too…Late. The company is untrustworthy, and more than that, companies like Equifax that gather personal information about innocent citizens need to be scared sick about what will happen to them if they can’t keep the information from falling into malign hands. Equifax needs to be put out of business. Its leaders and management need to be imprisoned, fined so severely that they are reduced to eating cat food, or blacklisted so their future employment is limited to bait shops and traveling carnivals. Continue reading →

Harvard Rejects A Convicted Child Killer: What’s Going On Here?

/ Jack Marshall / 16 Comments

I have few answers, only questions and observations, regarding this story.

Michelle Jones, a Ph.D. candidate at N.Y.U., was released from prison in August after serving 20 years in an Indiana prison for the murder of her 4-year-old son. She very nearly was accepted into Harvard’s graduate program. In a sympathetic story in the New York Times, we learn that she rejected at the last minute.

Jones,  45, became a published scholar of American history while she was serving her time and led a team of inmates that  produced what was judged to be the Indiana Historical Society’s best research project last year.Jones also wrote several dance compositions and historical plays, one of which is slated to open at an Indianapolis theater in December.

Jones was chosen to be one of  18 successful applicants to Harvard University’s history graduate program. However, Harvard’s administration overturned Jones’s admission after some professors raised concerns that she had minimized the murder of her son in the application process. I wouldn’t be surprised; it’s an ugly story.

After. Jones got pregnant at 14, her mother beat her in the stomach with a 2×4. In a statement accompanying her Harvard application, Jones said she suffered a breakdown after years of abandonment and domestic violence, causing her to abuse her own son, Brandon Sims. The boy died in 1992, and his body was never found.  Jones admitted that she had secretly buried him, never notifying the police or Brandon’s father that he had died. At her murder trial,. Jones’ friend testified that she confessed to beating Brandon then leaving him alone for days in their apartment, until he died. Sentenced to 50 years in prison, Jones was released thirty years early based on her good behavior and scholarship.

John Stauffer, one of the two American studies professors who flagged and objected to Jones’ admission, said, “We didn’t have some preconceived idea about crucifying Michelle. But frankly, we knew that anyone could just punch her crime into Google, and Fox News would probably say that P.C. liberal Harvard gave 200 grand of funding to a child murderer, who also happened to be a minority. I mean, c’mon.” Apparently the Harvard leadership agreed. E-mails and interviews show that Harvard’s president, Drew Faust, its provost, and the deans of the graduate school vetoed the positive disposition of Jones’ application over fears of criticism by rejected applicants, conservative news outlets and parents.

Observations and Questions: Continue reading →

Miss America Ethics: Know Your Place, Stupid Beauty Pageants!

/ Jack Marshall / 58 Comments

Public policy experts all…

Your place, as anachronistic, culturally embarrassing meat shows, is to be as unobtrusive as possible while feminists and people of taste figure out a nice, fair way to wipe you off the face of the United States. But until that happens, you have a duty not to be deliberately annoying, not to wave your ignorance like it is a bloody shirt, and also not to make the undeniably stupid people who watch you even dumber than they already are.

Perhaps I am getting ahead of myself..

Two nights ago, we were treated to the finals of the inexplicably still-televised Miss America beauty pageant, the grandmommy of them all. The traditionally risible interview portion of the competition, which has for as long as there were turnips on earth featured open-ended general questions conducive to virtue-signalling blather, usually features puzzlers like (from a list of such queries)

What do you think is true beauty?

What would you do differently if you could start your life over?

Who is your greatest role model or hero?

What does it mean to be a beauty queen?

If you could be granted one wish, what would it be?

What is the greatest challenge facing humanity?

What makes you happiest?

…and so on. The idea once was that anyone with a mouth is capable of answering these questions relatively competently, and they are not traps or invitations to attract criticism. Oh, once in a millennium a finalist might answer “What would you do differently if you could start your life over?” with, “Well, I would sure skip all those years I was a crack whore,” or “If you could be granted one wish, what would it be?” by saying, “I’d wish for boobs the size of El Capitan!,”  but these are pretty easy questions to ace. They are also well within the intelligence levels and expertise of the pageant administrators, judges and the contestants, so employing them isn’t political, or divisive.

A beauty pageant should not be divisive or political, just like an NFL game shouldn’t be divisive or political. I shouldn’t even have to write that.

Miss America 2018 decided to ditch the tradition of one question per finalist in the final round of competition, and ask two questions of each. The final five questions to the last five finalists were all “serious,” we were told.

Here they are, with the answers they evoked, and my observations. Continue reading →

Morning Ethics Warm-Up, 9/11/17: Irma and Climate Change Hype; Democrats And Anti-Catholic Hypocrisy

/ Jack Marshall / 122 Comments

Good Morning!

1 I’m in Boston to address a group of new admittees to the Massachusetts bar today.

2. Broadcast journalists were surprisingly restrained with Harvey, but the second major hurricane in less than two weeks is apparently too much for them, as it is for other climate change shills on social media and elsewhere (I’m looking at YOU, Jennifer Lawrence…which, I admit, isn’t all that unpleasant…)

Thus I am hearing (and reading) more and more claims that Hurricane Irma on top of Hurricane Harvey is the result of the nation’s failure to aggressively limit carbon emissions…as if two (or more) big storms in hurricane season is unprecedented, and didn’t, in fact, occur far more frequently when Al Gore was knee-high to a grasshopper. What does the cynical use of the 2017 storms as propaganda for the gullible and weak-minded tell us?

It tells us that the journalists don’t know beans about climate, weather and the science of global warming. It shows us that they are willing to mislead the public out of dishonesty, bias or incompetence, by spreading what amounts to junk science regarding an important policy issue. It tells us that they can’t resist using their position as reporters to boost what is for them a political agenda, for not one of them has first hand knowledge or genuine expertise regarding whether the earth is warming, how much, for how long, to what effect, and what will actually slow it down, and very, very few of them could explain a climate change model if their lives depended on it.

Finally, it tells us they are stupid. Every time it becomes obvious that the news media, elected officials and others are hyping this issue by using weather as an argument that climate change is occurring, they make skeptics more skeptical, and justly so. When advocates and activists resort to phony arguments and fake facts, it is  fair to assume that they don’t have sufficiently persuasive actual facts, and that they cannot be trusted not to cheat to get their way. Continue reading →