And Here’s Why The Supreme Court Majority Was Right In Shelby v. Holder…

Ok, if you don't buy the theory that they hurt the public schools, how about this: they're racist!

Ok, if you don’t buy the theory that they hurt the public schools, how about this: they’re racist!

In its much maligned decision in Shelby v. Holder, the Supreme Court declared that the Justice Department could not interfere with state legislative decisions affecting voting rights based on 60 year old data about racist practices prior to the 1965 Voting Rights Act. The Federal government should not be able to over-ride the will of the people and its elected legislatures without a compelling and overwhelming interest, and allowing the large list of states designated as subject to the Act invited abuse of power. What kind of abuse? This kind:

The U.S. Justice Department has filed a lawsuit to stop the Louisiana from distributing school vouchers to poor black families in any district that remains under a desegregation court order. Over 600 public schools are affected. The argument of Holder’s Justice Department  is just as ridiculous as it reads: it is that “many of those vouchers impeded the desegregation process.” You see, if black children are able to go to better, private schools thanks to the vouchers, the percentage of whites to blacks in failing but desegregated public schools will go up, “impeding” desegregation. Can’t have that! What citizens would want politicized, absurd bureaucrats who reason like this second-guessing their legislature?

As the Washington Post noted in an incredulous editorial it called, pulling no punches, Justice Department bids to trap poor, black children in ineffective schools: Continue reading

Ethics Quiz: The Deadly Rock Festival

Looks like fun! Little do these unsuspecting rock music-lovers realize that a deadly culture lurks at the festival, eager to kill them...

Looks like fun! Little do these unsuspecting rock music-lovers realize that a deadly culture lurks at the festival, eager to kill them…

The final day of New York City’s Electric Zoo Festival, held over Labor Day weekend since 2009, was canceled due to “serious health risks,” according to a release from NYC government.

The reason?  Two fans died and at least four became “critically ill” during the first two days of the festival on  Randall’s Island. The statement from Fortress Bloomberg  explained that the reason for the cancellation was “serious health risks.”  Jeffrey Russ, 24 and Olivia Rotondo, 20,  both died after ingesting the drug ecstasy.

The organizers posted, “The founders of Electric Zoo send our deepest condolences to the families of the two people who passed away this weekend. Because there is nothing more important to us than our patrons, we have decided in consultation with the New York City Parks Department that there will be no show today.” Thousands of non-illegal drug-users who planned their holiday around the festival have been sent home.

Your Ethics Alarms Labor Day Ethics Quiz is this…

Is cancelling the music festival an ethical response to two drug-related deaths? Continue reading

Comment of the Day: “Ethics Dunce: Fox News”

Bradley then, Chelsea now.

Bradley then, Chelsea now.

Responding sharply to a commenter’s expressed criticism of the argument that convicted classified data leaker Bradley, now Chelsea, Manning, sentenced to Federal prison and seeking treatment as a trans-gendered female, ought to have his treatment needs served by prison authorities at public cost, Ethics Alarms’ own expert on such matters (from Australia), provided this fascinating overview of U.S. law and medical ethics on the topic. Here is zoebrain’s Comment of the Day on the recent post flagging Fox News’ juvenile mockery of Manning’s gender issues, Ethics Dunce: Fox News:

“There are two disputes here. The first is whether prisoners have a right to medical treatment, and if so, to what degree.I’ll deal with that first.

“Brown v. Plata 131 S.Ct. 1910 (2011):  “To incarcerate, society takes from prisoners the means to provide for their own needs. Prisoners are dependent on the State for food, clothing, and necessary medical care. A prison’s failure to provide sustenance for inmates “may actually produce physical ‘torture or a lingering death.’ ” ….Just as a prisoner may starve if not fed, he or she may suffer or die if not provided adequate medical care. A prison that deprives prisoners of basic sustenance, including adequate medical care, is incompatible with the concept of human dignity and has no place in civilized society.” Continue reading

A Reminder: Why “User Pays” Is Unethical

The View

[Back in 2007, a ridiculous lawsuit spawned an even more ridiculous pronouncement from “The View’s” Rosie O’Donnell, which prompted the following post (originally titled “The Pants, the Judge, and Rosie’s Mouth”)  on this blog’s predecessor,  The Ethics Scoreboard.The two law-related issues that the public has the most difficult time grasping are why lawyers defend guilty people, and this one: the contingent fee system for civil plaintiffs.  While I was pre-occupied the last couple of days by two challenging ethics programs and 10 hours of driving back and forth into West Virginia to deliver one of them, I missed the outbreak of another “loser pays” discussion in one of the comment threads. It’s clearly time to run this one again (I last put it on Ethics Alarms in 2010), with a few tweaks.]

The tale of Roy Pearson, the infamous Washington, DC administrative law judge who is suing his dry cleaner for damages of $65.5 million for a lost pair of pants, would normally warrant scant comment beyond this obvious one: Pierson is a bully, his lawsuit is unreasonable and unethical, and he deserves whatever sanctions the legal system can devise. A Washington Post editorial suggested that the lawsuit, which Pierson says is justified by his inconvenience, court costs, and the mental anguish caused by the loss of his beloved pants, is proof enough of bad character and terrible judgement that he should not be reappointed to another ten-year term.  [ Update: He wasn’t.] That would normally end the issue, freeing me to move on to more important matters, like global warming and American Idol.

And then Rosie O’Donnell opened her big mouth. Continue reading

Advice Column Ethics: Amy Dickinson Sounds An Ethics Alarm

"DANGER, Other Woman...DANGER!!!"

“DANGER, Other Woman…DANGER!!!”

Today, syndicated advice columnist Amy Dickinson (“Ask Amy”) answered a query with admirable directness, properly defining the proper  use of ethics alarms for a woman who was puzzled about what to do when the answer should have been obvious. Unfortunately, Amy adopted the letter-writer’s incorrect terminology for an ethics alarm, based on the help-seeking “other woman” in an adulterous relationship writing that her relationship was beginning to feel “icky.”

As we have discussed here many times, “ick” and unethical conduct are not necessarily the same thing.  Humans naturally assume that what is strange or instinctively repugnant is wrong, but that assumption always needs to be tested by sound and objective ethical analysis. The best current example: to heterosexuals, gay sex is “icky,” but that doesn’t make it unethical or wrong. When Amy uses the term “ick-o-meter,’ what she means is “ethics alarm.” Continue reading

Bob Filner Is A Fick

Leroy Fick (L); unidentified woman, (C) Mayor Filner (R)

Leroy Fick (left); unidentified gropee, (right); Mayor Fick (far right)

“Fick” is a term of art on Ethics Alarms, describing the rare unethical miscreant who is not only  engaged in misconduct but perfectly happy to profit from it in full view of the public eye, apparently without shame. The appellation  is named after the despicable Leroy Fick, a Michigan lottery winning millionaire who exploited a loophole to keep getting public assistance. Ficks are the worst of the worst.

San Diego Mayor Bob Filner is a fick.

As the number of women who have accused him of groping, head-locking, kissing or otherwise sexually harassing them climbed beyond 18, Filner adamantly refused to do the right thing and resign (call me crazy, but I think even Bill Clinton would have had the decency to resign if a new Monica surfaced every other day for a month), even as other allegations of his misdeeds in the financial realm were being investigated. Knowing the recall effort rapidly gathering steam would cost the city many thousands of dollars, and understanding that San Diego was being humiliated as well as being barely governed while Mayor Fick, er, Filner, held it hostage, the city council has negotiated an exit by Filner, one that requires the city to pick up his legal tab, as well as the damages or settlements he would otherwise pay in any law suits against him arising out of his various incidents of harassment. Continue reading

Ethics Dunce: Colin Powell

I will file this under "disillusionment."

I will file this under “disillusionment.”

Another prominent African-America leader lept on board the Trayvon Martin-George Zimmmerman Ethics Train Wreck Sunday, when General Colin Powell aided and abetted the increasingly successful effort by divisive activists to re-write the history of the George Zimmerman trial into an example of a racist all-white jury freeing the murderer of a black man in defiance of the evidence and justice.

Appearing on “Face the Nation,” the former Secretary of State said that he thought the jury’s verdict “will be seen as a questionable judgment on the part of the judicial system down there,” adding that he didn’t know if it would have “staying power.” Powell’s comment was an especially pusillanimous fog on the issue, not explicitly endorsing  the criticism of the verdict—“Now I never said it was questionable, just that it will be seen that way,” the General can claim—but appearing to support it nonetheless. How weak, irresponsible, and disappointing. Continue reading

Wanetta Gibson, Elizabeth Paige Coast, Chaneya Kelly, Cassandra Kennedy and the Alkon Formula: How Should We Punish False Rape Victims?

Coast: How much compassion does she deserve?

Coast: How much compassion does she deserve?

Commenting on the case of Elizabeth Paige Coast, a Virginia woman who finally came forward last year to confess that in 2008 she had falsely accused Johnathan C. Montgomery, a former neighbor, of raping her in 2000 when she was 10 years old and he was 14, advice columnist and blogger Amy Alkorn proposes this sentencing formula:

“I feel strongly that those who falsely accuse someone of rape should spend the amount of time incarcerated that the person they falsely accused would have.”

Coast’s victim was convicted of rape and  spent four years in jail as a result of her lies. As for Coast, she was recently sentenced by Hampton Circuit Court Judge Bonnie L. Jones to only two months in jail, plus being required to pay Montgomery $90,000 in restitution for de-railing his life. The judge suspended the rest of a five-year sentence, and is allowing Coast to serve the remainder on weekends so not to unduly disrupt her life.

Coast’s lawyer had argued any jailing would send the wrong message to others who lie about false rapes. The prosecutor, agreeing with Alkon, asked for a 10-year sentence with six years suspended so she would serve the same length of time as Montgomery. It seems the judge agreed with the defense more than Alkon. I think Alkon is closer to the mark, but if we make the punishment for recanting rape accusers too severe, it is probably going to mean that some in Coast’s position will choose to let their victim rot and just live with a guilty conscience. Continue reading

Ethical Quote Of The Week: Ann Althouse

“It’s a terrible idea to go looking for incidents  where the killers are black and the victims are white and to exploit them in what seems like an effort to undo the distortions. I saw this happening earlier this week over the Christopher Lane murder, I labeled it “counter-Trayvonistic,” which was a too-subtle way to say: Don’t fight skewing with skewing in the opposite direction….Trayvon Martin — an individual human being — was used by demagogues to score points about the suffering of black people in America, but this is not a game, and it is delusion to imagine that there is a need to score points on some imagined other side. This is not a game. There is no score. And we are all on the same side.”

—–Law prof/ blogger Ann Althouse, reacting to the effort in conservative circles to assert that recent high-profile black-on-white incidents of violent crime were racially motivated, as a “tit-for-tat” response to the Trayvon Martin-George Zimmerman distortions.

Uh, let's NOT ask the President about the thrill killing of Christopher Lane. After all, Jesse Jackson already said that it was "frowned upon"...

Uh, let’s NOT ask the President to give us his thoughts on  the thrill killing of Christopher Lane. After all, Jesse Jackson already said that it was “frowned upon”…

Prof Althouse is exactly right. Tit-for-tat is always an unethical and ultimately destructive response, abandoning the moral high ground and lowering ethical standards so that the good guys and villains are indistinguishable. In this case, it is especially wrong-headed, because the tactic also exacerbates the racial divisions that the Martin-Zimmerman lies and misrepresentations were cynically designed (by some, at least) to widen.

Althouse goes on to say, Continue reading

Unethical Quote of The Month: Martin Luther King III

“The vision preached by my father a half-century ago was that his four little children would no longer live in a nation where they would judged by the color of their skin but by the content of their character. However, sadly, the tears of Trayvon Martin’s mother and father remind us that, far too frequently, the color of one’s skin remains a license to profile, to arrest and to even murder with no regard for the content of one’s character.”

Martin Luther King III, the son of the martyred civil rights leader and humanist, speaking in front of the Lincoln memorial before thousands gathered on the National Mall  to commemorate the upcoming 50th anniversary of Dr. Martin Luther King Jr.’s 1963 March on Washington, and his iconic “I have a dream” speech.

The passage was despicable and inexcusable, an insult to his father’s legacy and all of the courageous and sincere Americans, black and white, who have worked hard and effectively this past half-century to make remarkable progress toward the society that Rev. King envisioned.

“The tears of Trayvon Martin’s mother”  have exactly nothing at all to do with racial profiling or a “license to murder.” King’s son, proving once again that greatness of character and mind is seldom passed on to succeeding generations, chose to engage in divisive, misleading and cheap rhetoric that undermine his father’s goal of bring the races together. In this he was certainly consistent with the motivations of the event’s organizers, prominent among them Al Sharpton, whose paycheck and existence on the national scene depends on furthering the illusion of widespread racial discord, prejudice and injustice.

Even allowing for the excesses of oratory, the younger King’s speech deliberately misrepresented the historical, legal and factual record, which is this: a mixed-race citizen was pre-judged to be guilty of racism and murder by the color of his skin, and then demonized in order to provide a rallying point for a race-based political agenda. The civil rights establishment, aided by a complicit media and irresponsible politicians, distorted the facts of a tragic encounter so effectively that most Africans-Americans believe the lies rather than the facts, and bullied a politicized prosecution into bringing a criminal case to trial it could only win by jury intimidation, for it did not have sufficient evidence. Against all odds, a courageous jury embodied the best of the American justice system by properly acquitting an unpopular defendant who could not be proven guilty beyond a reasonable doubt, a standard that is crucial to maintaining racial justice in the courts. Despite this inspiring display of character, the organizers of today’s event, its supporters, and most of those in attendance, have chosen to judge those jurors as biased, comparing them to the bigoted jurors in the Emmett Till murder trial, based on the color of their skin.

How immensely hypocritical, destructive and sad.

Martin Luther King propelled the cause of racial harmony and justice forward on August 28, 1963.

Today his son made pushed that cause backward to-day in favor of hate, suspicion, and ignorance, 50 years later.