Professions

Mid-Day Ethics Stimulus, 3/31/2020: Dunces, Heroes, Hacks And More

/ Jack Marshall / 27 Comments

I’m stimulated!

And you?

1. Maybe not the wisest move, but ethical… Rep. Tim Burchett (R-Tenn) shared  his cell phone number on Twitter for anyone who needed to discuss their fears about the impact of the Wuhan virus. “If [you’re] feeling overwhelmed or scared and just want to talk to somebody give me a call,”  said. “We will get through this together.”

He added, “I know everybody’s under a lot of pressure with what’s going on with the Coronavirus. If you’re feeling all that pressure and it’s getting to you…I know in the last little bit here we’ve had nine people in our community taking their life. That’s a horrible, horrible thing, somebody taking their own life. If you feel like you’re going to hurt yourself or maybe hurt somebody around you, why don’t ya’ll just call me. Let’s talk.”

2.  I know this is an unpopular position, but it’s not the first time I’ve explained it. CNN’s Brooke Baldwin was overcome with emotion as  she interviewed a woman who’ had been unable to say goodbye to her mother in person before she died of the Wuhan Virus. Baldwin is an unprofessional hack. In recent years, alleged professional journalists, especially on CNN, have allowed their emotions to influence their reporting. This results in a form of editorializing, and the practice demonstrates how much today’s journalists see themselves as performers rather than objective communicators of information.

Admittedly, this kind of interview is designed to bring out the Kleenex,  but CNN lets its hosts display grief when a favorite candidate loses (like Hillary Clinton), glee, when a figure they don’t like is abused (Carol Costello chuckling at a recording of Sarah Palin’s daughter breaking down)  or anger when a political figure  doesn’t toe the progressive line. (Don Lemon, more or less constantly.) It’s hackery.

3. And today’s Covidiot is...Pastor Rodney Howard-Browne of The River Church in Tampa, a so-called “mega church” that held a service over the weekend in which over a thousand worshipers  were “squeezed in like sardines,” as one reporter described it. Howard-Browne had said that he would defy the restrictions imposed by the state and county to stem the threat of the  worldwide pandemic. “We are not stopping anything. I’ve got news for you, this church will never close. The only time the church will close is when the Rapture is taking place,” the reverend said.

Following the service, a warrant for his arrest was issued. He is now in custody.

4.  Hmmmm...Here are Governor Ralph Northam’s exceptions to his “order” regarding the stay-at-home restrictions in Virginia:

a. Obtaining food, beverages, goods, or services as permitted in Executive
Order 53;

b. Seeking medical attention, essential social services, governmental
services, assistance from law enforcement, or emergency services;

c. Taking care of other individuals, animals, or visiting the home of a family
member;

d. Traveling required by court order or to facilitate child custody, visitation,
or child care;

e. Engaging in outdoor activity, including exercise, provided individuals
comply with social distancing requirements;

f. Traveling to and from one’s residence, place of worship, or work;

g. Traveling to and from an educational institution;

h. Volunteering with organizations that provide charitable or social services; and

i. Leaving one’s residence due to a reasonable fear for health or safety, at the direction of law enforcement, or at the direction of another government agency.

Aside from the fact that some of this would be vulnerable to constitutional challenges—those will come later—why is traveling to and from churches permitted, if church services are per se prohibited? Why is traveling to and from schools an exception, if all schools have been ordered to close? Why is visiting a relative permitted, but not a close friend? A best friend? Your only friend? Do only blood relatives count? In-laws? Seventh cousins twice removed?

The order seems arbitrary and hastily composed. Laws that infringe on civil rights cannot afford to be like that, if they want to withstand eventual court challenges, or even if they just want to be coherent.

5. Ugh. Mike Lindell, the My Pillow infomercial hustler whose TV ads have been banned at my house, was a guest at the White House Task Force press briefing yesterday.  He explained that his company was  devoting 75% of its manufacturing capacity into making face masks. Then he asked if he could add something, and President Trump said “Okay.”

Well, what choice did he have? The guy has volunteered to do a public service. He has cultivated the image of a nice person. If the President had said, “No, Mike. Sorry. We’re moving on,” he would have looked ungrateful. However that is exactly what Trump should have said. It’s not worth the risk.

Embodying a worst case scenario, Lindell said,

God gave us grace on November 8th, 2016, to change the course we were on. God had been taken out of our schools and lives. A nation had turned its back on God. And I encourage you: Use this time at home to get — home to get back in the Word, read our Bibles, and spend time with our families. Our President gave us so much hope where, just a few short months ago, we had the best economy, the lowest unemployment, and wages going up. It was amazing. With our great President, Vice President, and this administration and all the great people in this country praying daily, we will get through this and get back to a place that’s stronger and safer than ever.

Ethics foul. It was not Lindell’s place to engage in religious grandstanding and a political endoresment, however sincere it might be. This wasn’t a political rally, nor a time for religious proselytizing. It also, once again, painted a target on the President, who responded,

That’s very nice. Thank you very much. Thank you, Mike. Appreciate it…. I did not know he was going to do that, but he’s a friend of mine, and I do appreciate it. Thank you, Mike, very much.

At that point, I don’t know what else he could say.

 

From The Wuhan Virus Ethics Train Wreck Files: What Would We Do Without Ethicists?

/ Jack Marshall / 13 Comments

Cut it out, you two! A medical ethicist says you’re being unethical!

TIME magazine has a feature up called, “‘Is Ordering Takeout Unethical?’ A Medical Ethicist Answers Some of the Most Common Moral Questions Around Coronavirus.”  Yes, res ipsa loquitur: the article is almost as absurd as the title. Moral questions are not ethics questions, you dolts. How could ordering take-out be unethical?  Why would you ask a medical ethicist about ordering food?  With all the real medical ethics questions facing the country, that’s what TIME thinks is most important question? Why would a medical ethicist agree to be involved in such idiocy? Continue reading →

We Must Defend To The Death The Rights Of A Minister To State His Interpretation of The Bible And Current Events. And The President Should Fire This Idiot, NOW [CORRECTED]

/ Jack Marshall / 32 Comments

“This is the type and kind of person Trump surrounds himself with, in this case the President’s Cabinet Bible teacher,” writes perhaps the most hopelessly Trump Deranged of all my Facebook friends after linking to this nauseating story.

Of course, when a Presidential appointee or staff member expresses in public something as achingly stupid and gratuitously offensive as what Rev. Ralph Drollinger did, he is metaphorically holding his patron’s face up to foes and saying, “Hit this!”

Dollinger’s Pat Roberston nostalgia-fest came in a blog post titled, “Is God Judging America Today?” in which he blames the Wuhan virus pandemic on several groups, including those who have “a proclivity toward lesbianism and homosexuality.”

America “is experiencing the consequential wrath of God,”  the good reverend wrote on March 21 in his Capitol Ministries blog.  In addition to gays and lesbians, Drollingerlaid blame on people with “depraved minds,” environmentalists, and those who deny the existence of God. As a result, what we are now experiencing is “God’s wrath.”

Good to know. Continue reading →

Saturday Ethics Warm-Up, 3/14/2020: Mrs. Jobs, Senator Schumer, Mayor de Blasio, And A Possum

/ Jack Marshall / 14 Comments

Hi!

I’m working on Part III of the Wuhan virus ethics series, so I’m going to try to keep related matters to a minimum here. A couple links you can check out to relieve me of the necessity of commenting on them: Here’s Ann Althouse writing about her “social distancing” without, apparently, any awareness that the average American is not retired, financially well off, with a spouse, with grown children, who are happy blogging and reading all day. And here’s Ruth Marcus, long one of the more blatantly biased (and dim) members of the Washington Post’s editorial board, authoring an op ed with the head exploding headline, “Why Joe Biden is the antidote to this virus.” I intend to keep this utter crap on file for the next time someone argues that degrees from elite institutions are evidence of intellectual ability. Marcus has a Yale and Harvard  Law degree.

1.  Rich people have a right to their wealth; it’s a shame, though, that their riches can’t buy IQ points, or the wisdom to know when to shut up. Laurene Powell Jobs, widow of Steve , told the New York Times,

“It’s not right for individuals to accumulate a massive amount of wealth that’s equivalent to millions and millions of other people combined. There’s nothing fair about that. We saw that at the turn of the 19th and 20th centuries with the Rockefellers and Carnegies and Mellons and Fords of the world. That kind of accumulation of wealth is dangerous for a society. It shouldn’t be this way….I inherited my wealth from my husband, who didn’t care about the accumulation of wealth. I am doing this in honor of his work, and I’ve dedicated my life to doing the very best I can to distribute it effectively, in ways that lift up individuals and communities in a sustainable way. I’m not interested in legacy wealth building, and my children know that. Steve wasn’t interested in that. If I live long enough, it ends with me.”

What a stupid, ethics-challenged, smug and selfish person. The tell is offering the non-argument that people being able to make as much money as they can and want isn’t “fair” and that it “shouldn’t be that way.” How articulate and persuasive! Continue reading →

Comment Of The Day: “From The Ethics Alarms Archives: ‘Age and the Judge’…” And A Current Day Example.

/ Jack Marshall / 2 Comments

Pretty late last night, an Ethics Alarms post about mandatory ages of retirement for judges moved JutGory to offer this remarkable Comment of the Day, a tribute to a role model in his life. Coincidentally, it now follows yesterday’s last post, about a failed role model, or perhaps someone who should have become a role model but who never did.

I’m hopping Jut’s comment over a couple of waiting COTDs because I think it’s good to start off the day with some inspiration when possible.

Here is JutGory’s Comment of the Day on the post, “From The Ethics Alarms Archives: ‘Age and the Judge,’ And A Current Day Example.”

Meet Floyd.

And, if nothing else, this is the perfect post in which to mention Floyd.

Floyd was at the top of his class at West Point.

Scwartzkopf was a plebe when Floyd graduated.

Floyd injured himself parachuting into Germany on a training exercise.

He became a lawyer and the consummate Southern Gentleman.

He told me about the time that he handled one of those big divorces and his firm submitted a one-page bill in the amount of over $500,000.00 “For Services Rendered.”

He told me about the time he was able to obtain a Writ of Ne Exeat (I had never heard of it either).

And, after a career of legal practice in Georgia, this principled conservative southern lawyer relocated to the State that Mondale Won.

He did it for two reasons: his wife and one of his kids needed a change of environment because of pollen counts, etc., and Dick.

Dick was looking for a legal partner and Floyd was looking to move north. Dick was Floyd’s exact opposite in every way. Continue reading →

From The Ethics Alarms Archives: “Age and the Judge,” And A Current Day Example.

/ Jack Marshall / 10 Comments

The discussions regarding Joe Biden’s age-related decline reminded me of a post that had been languishing on the runway since mid February. It was prompted by a tip from Neil Doer (I think it was Neil) who pointed me to this article about  a well-respected federal judge in Brooklyn, Jack B. Weinstein who was retiring after more than a half-century on the bench. He’s 98 years old, and it seems like he’s been an outstanding judge. My position was and is, however, that it is unethical for a judge, and indeed any professional, to continue in a position of responsibility at such an advanced age.

Obviously, I would apply that principle to politicians and leaders as well. This is another area where professional sports, especially baseball, provides useful case studies that can be instructive. Players who were great at 25 are also better when they are 40 than the more average players, whose natural decline as the result of aging will usually cause them not be able to perform  at an acceptable standard by late middle age. The great player often will still be good, but almost no player (almost) will be as excellent in his late 30s and early 40s as he was in his prime. As the financial benefits and other perks of playing major league baseball have increased over time, fewer aging greats are willing to go gentle into the good night of retirement. Their last years are often sub-par, certainly for them, or worse, but they will not voluntarily retire. Check the records of Miguel Cabrera, Pete Rose, Willy Mays, and Mickey Mantle, to name just a few.

Famously brilliant and contrary judge Richard Posner took the unpopular position among his colleagues that federal judges ought to have a mandatory retirement age. He recommended 80, but in his own case, when everyone expected him to stay until the bitter end, he retired at 78, because, he said, it was time. I’m not convinced that 80 isn’t still too old, but at least it’s a limit.

I remember well my one meeting with Antonin Scalia at a bar function not long after he had joined the Supreme Court.  He was relaxed and jovial, and when I asked him how long he thought he’d stay on the Court, he laughed and said that he couldn’t imagine staying until they “carried him out,” like so many other justices. He said it was important to leave the bench “while you still have most of your marbles.,” and to him, this meant before 80. He said he would stay about ten years.

Antonin Scalia died while still on the Court, in his 20th year of service, just short of his 80th birthday.

Here, from 2009, is “Age and the Judge.”

___________________________________________

Continue reading →

Robert Bowman Redux, Times Two, But Ohio’s Nicer Than New York

/ Jack Marshall / 14 Comments

For several years I chronicled the frustrating travails of aspiring lawyer Robert Bowman. He was the New York law student repeatedly turned down for membership in the bar by  a panel of New York judges, who determined that he did not have the requisite good character to be admitted to the practice of law in New York because he owed nearly a half-million dollars in student loans. Not paying back financial commitments is one of the specific components of “moral turpitude,” which will block anyone from becoming a lawyer, though it will seldom get one kicked out of the profession after one becomes a lawyer. Go figure. The panel kept rejecting Bowman  because they felt his debt was per se proof of  irresponsible and negligent financial management, making him an unacceptable risk for any client.

A New York bar association subcommittee investigated, and  concluded that far from being of dubious character, Bowman was an individual of “exceptional character,” with unusual perseverance, humility and tenacity. It strongly recommended him for admission to the New York Bar, despite the outstanding debts. Ireaclize now that I never told Ethics Alarms readers “the rest of the story”: Bowman is a New York lawyer now. He finally won his appeal, though the news media, which chronicled his failures, decided that his ultimate success wasn’t newsworthy.

How do I know this? Bowman contacted me himself to tell me. He said he was grateful to all the people who had supported his quest, and was telling each of them, individually, in person.

Now comes the story, also with a possible happy ending, of another frustrated lawyer-to-be with similar issues, this time in Ohio, although I must say that her circumstances seem a bit more difficult to excuse. Cynthia Marie Rodgers (above) is a Capital University School of Law graduate whose Ohio character and fitness application was rejected because she has nearly twice as much school loan debt as Bowman, almost $900,000. Continue reading →

Noonish Ethics Warm-Up (But It’s Morning To Me!), 3/6/2020: Bill Clinton Returns, And Other Amusements

/ Jack Marshall / 20 Comments

Morning already, Sea Dog?

I guess I have to admit that I don’t bounce back from travel like I used to…incidentally,the original voice of Captain Crunch was the great Daws Butler, who was Hanna-Barbara’s answer to Mel Blanc, and every bit as versatile as the voice of Bugs, Porky and Daffy. He was Fred Flintstone, Huckleberry Hound, Quickdraw McGraw (and Baba Looey) Yogi Bear and Elroy Jetson, just to name a few of his 459 characters.

1. Enemy of the people…the Coronavirus situation is a perfect example of how the news media’s inability to avoid partisan bias does tangible harm. It is literally impossible to get straight reporting. The left-biased news media wants to make the situation seem as dire as possible, wants disruption of the financial markets, wants to undermine trust in the federal response, all because they so, so want to see President Trump defeated in November and they can feel that objective slipping away. The conservative media is determined to bolster the administration, and give the cheeriest spin on the pandemic possible. You either have to choose what you want to believe, or, like me, resign yourself to uncertainty because we have a corrupt and unethical journalistic establishment.

After the head of the World Health Organization (WHO)  estimated the global mortality rate of the coronavirus to be 3.4%, President Trump said on Fox News that his “hunch” was that it was much lower.

“I think the 3.4 percent is really a false number, and this is just my hunch, but based on a lot of conversations with a lot of people that do this because a lot of people will have this and it’s very mild. They’ll get better very rapidly, they don’t even see a doctor, they don’t even call a doctor. You never hear about these people.”

He was immediately attacked in the press and mocked on social media, because, you know, he lies, he’s an idiot, and he doesn’t believe in science. His “hunch,’ however, is almost certainly right, and for exactly the reason he talked about. From The Hill:

“Experts warn that the figure from WHO Director-General Tedros Adhanom Ghebreyesus comes full of caveats and is likely to change as more people get tested and undergo treatment for the virus. ‘I think it’s lower because we are missing mild cases,’ said Jennifer Nuzzo, a senior scholar at the Johns Hopkins Center for Health Security. ‘We should be preparing for [the worst] cases, it’s true, but also going out to see what the real number is….Folks want to be able to understand what the true risk is. They want to know just how deadly is it, how deadly is it to me? The challenge is, we don’t totally know.'”

Joe Biden, meanwhile, noted that the outbreak occurring during The Great War made it hard to separate the Real McCoy from the malarkey.

Oh, lighten up! I’m just having a little fun. Continue reading →

Real Life Imitates Fiction, In This Case, “The Firm”

/ Jack Marshall / 4 Comments

Remember how, in the film adaptation of John Grisham’s “The Firm,” the young lawyer Mitch McDeere (Tom Cruise)who is  trapped in a mob-owned law firm wiggles out of his dilemma in part by proving that the firm’s lawyers were routinely over-billing clients?

Well, the Boston-based Thornton Law Firm and the Labaton Sucharow law firm in New York were caught inflating their billings on a similar scale.

Judge Mark L. Wolf concluded that the two firms double-billed  for their attorneys’ work on a class-action lawsuit involving State Street Bank, and even billed for the work of other attorneys not employed at either firm. Thornton’s managing partner, Garrett Bradley,  listed his brother as an attorney on the case and charged $200,000 for his time even though Michael Bradley was barely involved. Uncovering this scandal was another triumph of the Boston Globe Spotlight Team, the investigative reporting division that uncovered Boston’s predator priest cover-up in 2002. Continue reading →

And George Stephanopoulos Is Still On The Network How?

/ Jack Marshall / 4 Comments

So ABC suspends a correspondent for uttering the truth that anyone paying attention already knew.

Project Veritas just got someone in trouble again by surreptitiously recording statements made under false pretenses. I think James O’Keefe’s stunts are always unethical, but this is worse than most, because he’s really not revealing anything we don’t already know.

Veteran ABC News reporter David Wright was suspended after executives reviewed footage in which he described himself as a “socialist.” Apparently he will no longer be on the political beat either. Wright also was heard criticiing ABC, saying of its approach to covering the news,

“I feel terrible about it. I feel that the truth suffers, the voters are poorly informed, and people also have the opportunity to tune into whatever they want to hear. And so, it’s like there’s no upside, or our bosses don’t see an upside in doing the job we’re supposed to do, which is to speak truth to power and hold people accountable.”

On second thought, maybe this was useful information. The duty of news organization is not to “speak truth to power,” but to inform the public. I don’t care what the David Wrights of the world think is “the truth,” and the fact that they presume to know is why we can’t trust them, arrogant entitled hacks that they are. Continue reading →