We Have A Winner In The “Most Intellectually Dishonest Defense Of President Biden Basing His SCOTUS Pick On Race And Gender” Competition!

Yes, even surpassing Garrett Epps.

This happens to me too often. I’m writing this after less than 5 hours sleep, because I stumbled on this thing while trying to calm down after an early morning errand so I could get back to bed, and found that if I didn’t write about it, it would be like comedian Lewis Black’s story about over-hearing someone say, “If it weren’t for my horse, I wouldn’t have spent that year in college.” As with that snippet of a conversation that he couldn’t stop obsessing over what the hell it could mean for days, this article from “Above the Law” would churn and churn in my brain until it finally killed me if I didn’t get this post up.

I hope it works.

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Observations On What Appears To Be An Epic Black Lives Matter Scandal

I will only offer observations at this point because there are so many questions to be asked that it’s premature to say exactly what happened, or in Ethics Alarms-ese, “What’s going on here?’ I stumbled across this current story by accident, while preparing a preliminary outline and seminar description for a program I’ll be doing as I have been for two decades for the annual Washington Non-Profit Legal and Tax Conference in March. What recent non-profit and charity ethics problems have arisen in the last year or so? And up popped the jaw-dropping message above.

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Is This Real? I Hope It’s A Hoax. I Fear It Is Not…[UPDATED]

So far, the story is only on Tik-Tok, and I don’t trust Tik-Tok. In a video you can see here (I can’t figure out how to embed non-YouTube videos), a group of little children at an unnamed D.C. school can be heard chanting “Black Lives Matter” while marching around holding BLM signs.

It’s a chilling scene: tiny kids wearing masks being subjected to school indoctrination. Is it a private school? Constitutionally, that makes a difference; ethically, it makes no difference at all.

Given that this is the Ditsrict, and that more than one school class in other locals were taught to sing songs extolling Barack Obama, I will not be shocked to find that this chilling scene is real.

UPDATE: Sharp-eyed reader/sleuth Edward spotted “Lowell School” in the video, so we know that this is taken at a real private school in the District. [https://www.lowellschool.org/] It still could be faked: the soundtrack could have been added.

Maybe they really were chanting “Let’s Go Brandon!”

Ethics Hero: Luke Bunting ’22, Editor-in-Chief Of The Georgetown Journal of Law & Public Policy

The battle over the punishment of Illya Shapiro for WrongThink—Imagine, he actually thinks excluding outstanding Supreme Court candidates by using racial and gender discrimination is unwise!—continues.

Luke Bunting, a 3L at Georgetown University Law Center who also edits one its journals, is stepping up where the GULC faculty has failed miserably. Echoing the legal academics and scholars across the country who have signed an open letter protesting the Law Center’s Dean, William Treanor’s effort to ingratiate the school with the censorious Woke and the race-baiting mob, Bunting has authored a similar letter for GULC alumni to sign. It reads,

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Hump Day Ethics Jumps, Bumps And Lumps, 2/2/2022

Nothing like dancing camels to end a perfect day. If only this had been a perfect day…

Meanwhile, I’m so proud! Having told my undergraduate institution that it had so embarrassed me that I would not be attending my BIG reunion this Fall, which I once was looking forward to greatly, it was thrilling to see my law school alma mater, which I also worked for over the next four years after graduation (It liked me! It really liked me!), receive a major honor. Yes, The FIRE named Georgetown University Law Center one of the 10 Worst on its yearly list of educational institutions that do not adequately respect and bolster freedom of speech.

Congratulations, GULC! You’ve worked hard for this the last few years, and the honor is richly deserved.

1. Quit, Whoopi, but let me write your resignation letter. It is being reported that Whoopi Goldberg is furious that she was suspended by ABC for her dumb, ill-considered, offensive but provocative comments about the Holocaust on the dumb, ill-considered, offensive but provocative show “The View.” Her worst statement? I vote for “Well, this is white people doing it to white people. So, this is y’all go fight amongst yourselves.” That was part of her explanation of why the “Final Solution,” in which Hitler’s crazies decided to see the purification of the white race by exterminating “lesser races” like the Semites—just guess what would have happened to the Whoop’s people when Germany took over the U.S. by getting the A-Bomb first!—wasn’t about race. She feels, we are told,“humiliated” at being disciplined  after she followed their advice to apologize. No, no, that’s not what Whoopi should quit over. Charles C.W. Cooke explains it well in “Whoopi Goldberg’s Suspension from The View Is Illiberal and Irrational” at the National Review. Meanwhile, many are asking the unanswerable question, how come Disney, who owns ABC, fired actress Gina Carano when she said on social media—not on TV, not under Disney’s banner, that the repressive political speech climate reminded her of Nazi Germany. The “Mandalorian” star was also dropped by talent agency UTA and Lucasfilms, leading some writers to compare her treatment to the Fifties blacklist. Whoopi got a relatively minor two-week suspension. Double standard there, obviously: Whoopi is a black progressive, Carano is a white conservative. Neither should be punished for an opinion unrelated to their competence at their job. If Whoopi quits, she could do some good by making it clear that it’s in defense of free speech and people being unafraid to speak freely. Continue reading

Welcome February Ethics Warm-Up, 2/1/22: Yes, Whoopi Is Officially An Idiot

A Janet Jackson movie is playing on cable, so of course we’re going to hear, again, how poor Janet was unfairly and cruelly blamed for “Nipplegate,” when the supposedly family-friendly Super Bowl half-time show featured an uncleared rapey bit of choreography in which Justin Timberlake “tore” Jackson’s costume, revealing her breast. It all happened on this date in 2004. CBS got fined and the NFL got in trouble. Timberlake lied, wink-wink, calling it a “wardrobe malfunction,” which everybody thought was cute. Historical revisionism has Janet as a victim of a sexist culture because she was the focus of most of the criticism and not the man in the plot. But it was her breast, after all. She also lied, and has been lying for almost 20 years.

Here is what I wrote about it in part on the Ethics Scoreboard the year it happened. I had forgotten: Janey Jackson got the very first Jumbo!

Janet Jackson has now appeared on the David Letterman Show to deny that her infamous Super Bowl breast-baring was anything but an accident. Before we discuss what a ridiculously transparent lie this is, let us also ask, “Why bother?” The damage, whatever it is, is done. Nobody is going to believe her. This was a fine opportunity for Jackson to stand up, admit an error in judgment, and use her celebrity to endorse some ethical values, like honesty, taking responsibility for one’s actions, and contrition.

But nooooooo.

Janet wants us to believe the incident was an accident, completely unchoreographed or planned. Never mind that:

  • Justin Timberlake’s move uncovering Ms. Jackson’s breast occurred on a musical beat, corresponding to song lyrics referring to his “having her naked by the end of this song.”
  • Her costume conveniently had a detachable flap that would expose the breast without doing any damage to the rest of her outfit.
  • Her breast had a large, uncomfortable-looking decoration of some kind stuck to it, raising the obvious question of what it was doing there if it wasn’t intended to be seen.
  • Timberlake’s comments immediately after the show confirmed that the moment was choreographed…

Oh, just never mind. If this were a crime, any jury would find Jackson guilty beyond a reasonable doubt. Even the most dishonest people, when confronted with undeniable proof of their misdeeds, will usually confess. Not Janet Jackson.

Here’s your elephant, kid. This Jumbo’s for you!

1. Who can you trust? Justice Breyer was reportedly angry that his plans to retire at the end of the current SCOTUS term was leaked. Only close staff, family, his Supreme Court colleagues and the President had been made aware of his decision. He did not want to be a lame duck justice, and had asked his confidantes for confidentiality. Now the mystery of who betrayed Breyer’s trust is solved. Senate Majority Whip Dick Durbin (D-Ill.) told reporters yesterday that President Joe Biden’s chief of staff, Ron Klain, spilled the metaphorical beans.

If I were Breyer, my reaction would be to do what Donald Trump has done several times with leaks: make the leaker and the news media look foolish by changing course. I would not retire, after a betrayal like that, and make Democrats wait another term. Justice Breyer, however, doesn’t think this way Too bad. Continue reading

Ethical Quote Of The Week: Faculty Letter To GULC Dean Treanor In Support Of Illya Shapiro [CORRECTED]

So far, 106 professors from all points on the ideological spectrum have signed a letter to Georgetown Law Center’s Dean Treanor, telling him what should not have to be explained to a Top 20 law school dean: that “academic freedom protects [Illya] Shapiro’s views, regardless of whether we agree with them or not. And debate about the President’s nomination, and about whether race and sex play a proper role in such nominations more generally, would be impoverished—at Georgetown and elsewhere—if this view could not be safely expressed in universities.”

Shapiro, as discussed here, has been suspended (“put on leave pending an investigation”) by Treanor, and if past behavior by Georgetown Law Center is any indication, he is likely to be fired, forced to resign, or to have to humiliate himself by submitting to “sensitivity training” after a public confession of WrongThink.

Here is the letter, which appears to have been coordinated by the Foundation For Individual Rights in Education. Those seeking to add their names to the signatories can email facultyoutreach@thefire.org.

Disgracefully, no member of the GULC faculty has signed the letter to support their colleague—and the principles of freedom of expression and academic freedom at their own institution—as of this writing. Continue reading

It Reveals The Dire State Of U.S. Higher Education Culture That Dean William M. Treanor Of Georgetown University Law Center Isn’t The Most Unethical Law School Administrator Of The Past Year (It’s Close, Though…)

That distinction still has to go to Yale Law School Director of Diversity, Equity & Inclusion Yaseen Eldik and Associate Dean of Student Affairs Ellen Cosgrove, who persecuted, and and threatened a student in this infamous episode last Fall. Their victim is a student, which gives them an edge over Dean Treanor whose target is Ilya Shapiro, GULC’s newly hired director of the Robert A. Levy Center for Constitutional Studies and vice-president of the Cato Institute.

Just two days ago, I described Shapiro’s foray into the debate over President Biden’s looming Supreme Court nomination, which will have to be a black woman because race and gender are more important to the Far Left than qualifications, ability and experience in the branch of the government that protects the Constitution, but mostly because Joe promised he would while in Full Pander Mode as he fought for his party’s nomination to oppose President Trump in 2020. Shapiro issued a series of tweets that were crystal clear to anyone reading them rationally and honestly, making his case that Biden should be nominating Justice Breyer’s replacement on the basis of qualifications, ability and experience. A careless choice of words, however—this was Twitter, after all—gave race-baiters and progressive censors an opportunity to pounce, and they did.

Shapiro was accused of being a racist (of course); the law schools black student association demanded he be fired (also of course); and GULC’s ostentatiously woke Dean capitulated to the anti-free speech and anti-academic freedom mob, announcing yesterday to me and other “alumni/ae”, as the marvelous Dean I worked for, the late David McCarthy always called them…

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The Biden Supreme Court Pick Ethics Train Wreck

Wow, that was fast. This episode has turned into an ethics train wreck with record speed. Some ethics train wrecks slow down and stop after a few months; other roll on seemingly forever. The Trayvon Martin-George Zimmerman Ethics Train Wreck, which has included directly-related wrecks like the Ferguson Ethics Train Wreck and the George Floyd Ethics Train Wreck, is almost nine years old, and won’t stop until Black Lives Matter lies a-moldering in the grave. The 2016 Presidential Election Ethics Train Wreck is still going strong, with the Jan. 6 riot and the subsequent kangaroo court investigation in the House the latest cars to be hooked up. The Biden Supreme Court Ethics Train Wreck? At this point, where it stops, nobody knows.

It began before it was even certain Biden would get a SCOTUS nomination, when he first promised to name a black woman to the Court. That promise, which he quickly confirmed once Justice Breyer announced his retirement, was unethical “on its face,” as the Court might say. The statement means, and can only mean, that group identification is the primary priority for the President of the United Sates in nominating a crucial individual who will help determine the course of the nation’s laws, justice system, constitutional integrity and culture for decades to come. That function has nothing whatsoever to do with race or gender. Nothing. Being black, white, Native American or Asian does not make an individual more or less qualified for the job, and neither does gender. Biden’s statement literally means that he is placing tribalism and group identification biases above the substantive needs of the nation. That’s unethical. Other Presidents have done this, notably Ronald Reagan and George H.W. Bush. That’s no mitigation.

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How The News Media Deliberately Escalates Racial Discord…A Smoking Gun [Updated]

Nah, there’s no mainstream media bias!

This morning, Headline News devoted almost ten minutes to this earth-shattering event: in a basketball game a week ago between Laguna Hills High School and Portola High School, a single student in the stands shouted racial insults at Makai Brown, a black player for Portola, as he was shooting free throws. The HLN hostess announced the video of the section where the asshole student could be heard with a warning that I would expect for a decapitation video, or a geek eating live kittens.

“It is very disturbing,” she said. Yes, this spectator shouted “Who let him out of his cage? He’s a monkey!” and “Where is his slave owner? Chain him up! Who let him off the chains?” The student should have been forcibly shut up, or ejected. Would “High School Faculty Neglects To Eject Misbehaving Student from Gymnasium” normally rate national headlines?

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