Law & Law Enforcement

Correct Decision in the “There Are Only Two Genders” T-Shirt Case

/ Jack Marshall / 39 Comments

The conservative media is foaming at its metaphorical mouth after a three-judge panel of the U.S. Court of Appeals for the 1st Circuit upheld a District Court decision from last summer that the Nichols Middle School in Middleborough, Massachusetts didn’t violate then-seventh grader Liam Morrison’s First Amendment rights when he was required to remove his “There are only two genders” T-shirt last year.

Liam, no weenie he, was sent home from school in March 2023 after he refused to change into a more neutral shirt. The case was filed on behalf of Morrison and his family last year by two conservative Christian groups, Alliance Defending Freedom and the Massachusetts Family Institute. Sam Whiting, a staff attorney with MFI, reacted to the ruling by saying in a statement, “This case is about much more than a t-shirt. The court’s decision is not only a threat to the free speech rights of public school students across the country, but a threat to basic biological truths.”

Continue reading →

Ethics Quiz: Maryland’s Mass Pot Pardon

/ Jack Marshall / 14 Comments

This is an ethics quiz because I recognize that I am irretrievably biased on the question of marijuana (no, I really don’t care that I’m supposed to call it “cannabis” now: bite me), which I believe should continue to be illegal, though I am under no illusions that this metaphorical horse has left the barn for good.

Maryland’s governor Wes Moore signed an executive order yesterday that pardons more than 175,000 convicted drug-abusers whose crimes were related to marijuana use. Moore said he did this “with deep pride and soberness.”

Yes, he’s proud to announce that Maryland doesn’t think violating laws is anything anyone should be ashamed of.

“Today is about equity; it is about racial justice,” Anthony Brown, Maryland’s attorney general, said. “While the order applies to all who meet its criteria, the impact is a triumphant victory for African Americans and other Marylanders of color who were disproportionately arrested, convicted and sentenced for actions yesterday that are lawful today.” This is because a disproportionate number of blacks broke the pot laws. This in turn acculturated many of them into breaking other laws with impunity as well. The progressive rule is that if laws are violated by larger numbers of a minority group than their demographic presence in the population would predict, it is discriminatory to enforce those laws.

I wonder who thought up that dodge? Whoever he or she is, it’s brilliant.

Your Ethics Alarms Ethics Quiz of the Day is…

Is the Maryland pardon fair and responsible?

Continue reading →

Ethics Dunce and Legal Ethics Dunce: The Connecticut Bar Association

/ Jack Marshall / 5 Comments

This is concerning, but, frighteningly enough, not surprising. As Ethics Alarms has noted many times, the legal profession has been among the critical institutions most thoroughly corrupted, indeed lobotomized, by partisan bias and Trump Derangement. As if that wasn’t bad enough, I am also getting reports from various quarters about the deep corruption in many state bar associations. This is especially problematic for me, as bar associations are a significant market for my ethics training services (if they ares sufficiently corrupt, such organizations tend to say “We don’t need no stinkin’ ethics training!”). Well, the Connecticut Bar is in the minority of bar associations that have never sought my wisdom, so I am unencumbered by conflicts of interest.

Continue reading →

Stupidity Tag On Fox News

/ Jack Marshall / 15 Comments

I had the TV on Fox News to keep my dog company, and was downstairs from my office briefly to get a drink when I heard a clip of Joe Biden saying, “The Supreme Court has never been more out of step.”

“Out of step?” What’s that supposed to mean? A President being stupid is bad, but a President who makes the public stupider is far worse. It isn’t the Supreme Court’s function to be “in step” with the times, polls, public opinion, fads or zeitgeist. It’s job is to interpret the law and the Constitution. Because the public’s understanding of the law is about at the same level as my dog’s understanding of “Two Gentlemen of Verona,” their opinion regarding what the Supreme Court should do is literally useless and of no value whatsoever.

The issue at hand was the SCOTUS decision on the bump stock ban discussed here. That opinion was only nominally about bump stocks: what it involved really was statutory construction and the limits of agencies trying to do end-arounds when laws don’t allow them to do what they would like to do.

Continue reading →

Ethics Quote of the Month: Ironically, It’s Justice Alito!

/ Jack Marshall / 4 Comments

“An event that highlights the need to amend a law does not itself change the law’s meaning.”

—-Justice Joseph Alito, concurring in the case of Garland v. Cargill and re-affirming the ethical, legal, democratic and conservative principle that laws shouldn’t be ignored or changed by courts just because they no longer work the way they were designed to.

I guess this will be just one more reason for the Angry Left to try to “get” Alito. Maybe he likes to eat candy bars that a lot of the Capitol rioters ate, or something. May be they’ll hire a lip-reader to try to catch him saying something like “it was a riot!” while smiling. Conflict of interest! Recuse!

Re-affirming why the 6-3 conservative SCOTUS majority is good for democracy, the U.S. Supreme Court yesterday ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives (aka the ATF) exceeded its statutory authority when it tried to ban bump stocks by classifying them as machineguns. Machineguns are defined in an old statute, the National Firearms Act of 1934. It banned “machine guns,” encompassing today’s automatic weapons. The law “defines a machinegun as any weapon capable of firing “automatically more than one shot…by a single function of the trigger,” as Justice Clarence Thomas explained in the majority opinion. Although the definition also covers parts of a gun that are “designed and intended…for use in converting a weapon” into a machinegun, it does not cover “bump stocks.”

Bump stocks assist “bump firing,” which involves pushing a rifle forward to activate the trigger by bumping it against a steady finger, then allowing recoil energy to push the gun backwards, resetting the trigger. If the shooter maintains forward pressure and keeps the trigger finger in place, a semi-automatic rifle will fire like an automatic weapon (anti-gun fanatics don’t know the difference, and don’t care). The ATF’s “interpretive rule” published in December of 2018 banned stock replacements that facilitated this operation.

Continue reading →

From the Res Ipsa Loquitor Files: This Is The Quality of Judge Biden Is Nominating and the Senate is Confirming

/ Jack Marshall / 9 Comments

In the stunning exchange above on May 22, Sen. Ted Cruz confronted one of Biden’s nominees to the Federal bench who placed a serial rapist who is a biological male (that is, all standard equipment included) in a women’s prison. She claimed, incredibly, that she always makes her decisions based on the facts of a case and the law, while repeatedly refusing to answer Cruz’s specific questions by repeating an obviously pre-programmed evasive answer (like the three university presidents who kept saying that whether anti-Semitic speech was acceptable on campus depended on “the context”), “I considered the facts presented to me, and I reached a decision…,” etc.

Cruz contended that the judge made ideological loyalty a higher priority than the fact or law, citing the fact that she deemed a 6’2″ serial rapist with a penis a “safe” inmate in a prison full of women.

Continue reading →

Ethics Observations On the “Shitposter’s” Scoop

/ Jack Marshall / 3 Comments

Last night I saw this story in the New York Post, relayed by conservative provocateur Ace of Spades:

Manhattan Supreme Court Justice Juan Merchan revealed Friday that a Facebook user claiming to be a “cousin” of a juror in former President Donald Trump’s hush money trial suggested he had advanced knowledge of last week’s guilty verdict. 

“Today, the Court became aware of a comment that was posted on the Unified Court System’s public Facebook page and which I now bring to your attention,” Merchan wrote in a letter to Trump attorney Todd Blanche and the Manhattan District Attorney’s Office. 

“In the comment, the user, ‘Michael Anderson,’ states: ‘My cousin is a juror and says Trump is getting convicted … Thank you folks for all your hard work!!! ….’” the judge explained. 

The story also reveals that “Michael Anderson” is a self-admitted “shitposter,” someone who uses social media to spread falsehoods and derail serious discussions on politics and other matters.

Hmmmm.

So the guy, if he is a guy, who revealed this supposed conspiracy to rig the jury verdict against Donald Trump has no credibility at all. He’s a lying asshole and proud of it—you know, like Michael Cohen.

It is only responsible for the judge to reveal this, and for an investigation to take place. This, in turn, will probably give “Michael Anderson” the fifteen minutes of fame he craves, and inspire more assholes to enter the wonderful, profitable, destructive field of “shitposting.”

Meanwhile, I saw MAGA types all over the web last night calling for the trial verdict to be abandoned based on this almost certain trolling effort, thus making themselves look like gullible fools, and confirmation bias victims.

Is this a great country or what?

My Challenge to Tom Selleck: I Dare You to Put This Story On “Blue Bloods”!

/ Jack Marshall / 4 Comments

Let me summarize:

1. In the summer of 2022, approximately 10,000 NYPD officers took the exam to get promoted to sergeant—you know, the one they’re always talking about on “Bluebloods,” now heading into its 15th and final season, Tom Selleck’s paene to NYC’s men and women in blue. This was an unprecedented number because the pandemic lockdown had delayed the exam for two years. The exam was offered in four sessions over two days to accommodate the unusually large number.

2. An investigation from the City’s Department of Investigation has determined that about 1,200 of the cops who participated cheated.

3. Those officers brought cell phones with cameras into the exam and participated in group chats to help each other through the test. They discussed possible answers and offered advice to each other, with those who had already taken the exam on the first day helping out the officers taking the exam on the second day.

4. This, of course, was explicitly forbidden, as the officers were told to place their cell phones in plastic bags under their chairs. But more than10% violated that rule.

Continue reading →

Ethics Dunce, Redux: Justice Clarence Thomas

/ Jack Marshall / 2 Comments

In a new filing released today, Justice Clarence Thomas amended his financial disclosure for 2019 to note that he “inadvertently omitted” reporting two extravagant vacations paid for by conservative billionaire Harlan Crow, one to Indonesia and the other to the Bohemian Grove, an all-male retreat in northern California. Just slipped his mind! Hey, it could happen to anybody! Who hasn’t completely forgotten about a luxury trip they have enjoyed on the dime of a politically active tycoon? Heck, I know I just remembered one today, after I read this story. Well, it’s all better now; Thomas just retroactively corrected his lie of omission from five years ago.

Anyone who accepts this is ethically estopped from complaining about the White House editing Joe Biden’s blabberings to make him sound less like he belongs in a hospice.

Pro Publica correctly notes that last year, when these and other examples unusual largess from Crow—like paying for Thomas’s mother’s house—were revealed, Thomas’s “Justice Thomas’s lawyers issued a statement on the Justice’s behalf. saying that the allegations were untrue.

Like all lawyers, Supreme Court Justices are prohibited from lying in the course of their professional conduct. The prohibition on lawyer conduct is serious, but even more serious for judges, and extra-special, supercalifragilisticexpialidocious serious for the highest judges in the land.

Thomas is a disgrace, as I have said before.

But at least he never let his wife fly a 250-year-old historical flag that some idiots used to express their own political opinions…

Unethical Quote of the Month: President Joe Biden (Alternate Headline: “What a Shameless Asshole!”)

/ Jack Marshall / 19 Comments

“We must face a simple truth.To protect America as a land that welcomes immigrants, we must first secure the border and secure it now.”

—President Biden, outrageously adopting Donald Trump’s long-standing position that he party has condemned as racist and “xenophobic” because his poll numbers are looking bad.

Seldom has the “Die Hard” clip (from the Ethics Alarms Hollywood Clip Archive) been more appropriate or infuriating. For more than three years, Joe Biden’s administration deliberately signaled to aspiring alien lawbreakers that they would be wink-winked into the United States despite defying immigration laws, let free to run amuck if that’s what they chose to do, and law enforcement would look the other way. Officials like Kamala Harris and Homeland Security Secretary Mayorkas gaslighted the public by insisting the border was secure when anyone with eyes or a camera could see it was anything but. An estimated 2.5 illegals have entered the country across this “secure border.” Awakening to the reality that the majority of the American public doesn’t view that as “a Great Replacement Conspiracy,” but simply as incompetent, irresponsible, dangerous and wrong—you know, like Donald Trump said in 2015 as he launched his (quixotic, everyone thought) candidacy for the Presidency and was tarred as a racist for it?—suddenly, Mirabile Dictu!, Biden is singing a different metaphorical tune.

Continue reading →