Morning Ethics Warm-Up, 5/14/19: Tlaib And Kavanaugh.

Good morning,

I hope…

1 Social Q’s ethics. I’m whomping the advice columnist in the Ethics Alarms poll regarding whether complimenting someone on weight loss can be reasonably taken as offensive by the object of praise. Looking at the same column, I have decided that Mr. Gallanes was just having a bad day. Another inquirer complained that he sleeps with her bedroom window open, and is often awakened in the morning when the next door neighbor takes his dog out for a 5 am walk, a ritual, she says, that is always preceded by his “disgusting” coughing. The advice columnist suggested that she ask him to do his disgusting coughing inside. Yeah, THAT will go over well. If you insist on leaving your window open, you have no standing to protest sounds that would not be heard if you kept it closed. Given the choice between waking one’s spouse with the morning hacking that most men of a certain age can identify with, and getting all the morning phlegm up while walking the dog, the latter is the wiser and more ethical choice.

2. Supreme Court ethics and pro-abortion fear-mongering.

a.) Somehow it was reported as news akin to squaring the circle that Justice Kavanaugh joined with the four typically liberal justices in a 5-4 ruling yesterday that left Thomas, Gorsuch, Roberts and Alito licking their wounds. This is non-news. It was a dishonest partisan smear on Kavanaugh to suggest that he would be a mindless puppet in lock-step with conservatives on every issue. Justices consider cases in good faith, and the fact that their judicial philosophies make some decisions predictable doesn’t mean, as non-lawyer, non-judge, political hacks seem to think, that they will not judge a case on its merits rather than which “side” favors a particular result.

b) Kavanaugh did join the conservative justices in a ruling that overturned a 1979 case in which the Court had allowed a citizen of one state to sue another state. This decision, being a reversal of an older case, immediately prompted the publication of fear-mongering op-ed pieces warning that the evil Court conservatives, having re-read and enjoyed “The Handmaiden’s Tale,” were slyly laying the ground for a Roe v. Wade reversal with a case that had nothing whatsoever to do with abortion. Don’t you see? Stare decisus is the SCOTUS tradition that older cases will generally not be overturned by later Courts, lest Constitutional law be seen as unstable and too fluid to rely on. Garbage. Stare decisus has never been an absolute bar to reversing a wrongly decided case, so no new affirmation of that fact is necessary. In addition, the case overturned yesterday was a relatively obscure case that seldom comes into play, exactly the kind of case in which a reversal is minimally disruptive. Roe, on the other hand, has become a foundation of supporting law and social policy. That doesn’t mean it can’t be overturned, but it does mean that the protection of stare decisus is strong. Continue reading

Comment Of The Day: “Greek Easter Ethics Warm-Up: Authority, Causation, Credibility And Dead Ethics Alarms” [#4]

Long-time commenter E2 scores her first Comment of the Day with some perspective on why Western civilization, and the United States particularly, owes Israel a permanent debt.

I have no problem with critics having honest, reasonable differences with Israel’s policies and the U.S.’s support of them, as long as such critics have a sufficient knowledge of the history of the Jewish people, their existential plight in the Thirties through World War II, the initial contrived ignorance of the U.S. government and President Roosevelt of that plight, and how the State of Israel came into existence. (Two new biographies of playwright and screenwriter Ben Hecht, who played a large but largely forgotten role in that remarkable event, were just published this month. There is a reason one of the ships that brought Jewish ex-patriots to Israel was named, “The Ben Hecht.”)

As E2 points out, the public ignorance of all of this is staggering, and it fertilizes the dirt from which anti-Semitism grows, of late, in abundance. One of the many jaw-dropping statements of stupidity or dishonesty—it’s often so hard to tell which with him— that Joe Biden uttered after his announcement of his candidacy was that America needed to return to being loyal to its allies. Biden was the #2 official in an administration that displayed the most outright hostility to Israel of any since the nation’s founding, our ally that most needs our support and that common decency demands should always be able to count on it.

Here is E2’s Comment of the Day on the item #4 in the post, “Greek Easter Ethics Warm-Up: Authority, Causation, Credibility And Dead Ethics Alarms.”

Does no one know any history at all? That, for example, the English Jews funded the Crusades, and when the King of England couldn’t pay back his debt, he simply exiled all Jews from the country to Europe? Hence, an early forced diaspora of Jews.

Do others really believe that anti-Semitism was grown by Hitler and ended in the Holocaust? Do so many not  know that FDR’s anti-Semitic State Department refused political asylum for desperate Jews from Hitler’s Germany…or the story of the ship “St. Louis” – full of fleeing Jews, that went from port to port in the US and were never allowed entry? Continue reading

Greek Easter Ethics Warm-Up: Authority, Causation, Credibility And Dead Ethics Alarms

Christos Anesti!

…as my Greek-American mother used to greet us every Greek Easter morn. You were supposed to respond in kind, but my father’s Greek pronunciation was always so  hilarious that I don’t recall that he ever did.

1. Anthony Napolitano and the appeal to authority. Fox analyst “Judge” Napolitano (you’re not supposed to call yourself “judge” after you stop being a judge, but never mind) is suddenly being hailed as a definitive legal authority because he has “broken ranks” (as the liberal websites put it) to argue that President Trump obstructed justice based on the Mueller report. Virtually nothing Napolitano said or opined on prior to this was ever treated by these same sudden fans as anything but the meanderings of a crank, but “the enemy of my enemy is my friend,” as someone once said in Sanskrit.

I would never appeal to Napolitano’s authority, though he is far from a crank. He was indeed a lower court judge in New Jersey, he has taught at a law school, and he has written many books. He is not a conservative or a Republican but a libertarian. Like Ron Paul and his son Senator Rand, Napolitano’s ideology is such that he arrives at positions that make it impossible for me to trust his reasoning processes. Notably, he doesn’t think Abraham Lincoln should have fought the Civil War or abolished slavery, saying that it would have been better to allow slavery to peter out peacefully without government intervention. I wonder how the slaves would have felt about that?

He also believes that human life should have full legal rights at conception, and that abortion ought to be outlawed completely. Well, both of those positions—he has others equally extreme—mean to me that as smart as he may be, I don’t know what kind of extremist bats are flying around in the man’s belfry, so while I believe his arguments  on obstruction should be judged on their objective merits, that fact that he’s the one making them do not and should not enhance their persuasiveness.

2. Trump Tweets segue...in a tweet, the President claimed that Napolitano asked him to appoint the “Judge” to the Supreme Court, and that his much-publicized obstruction claim is Napolitano’s revenge for the President refusing. Continue reading

Comment Of The Day: Propaganda And Fake History: How Are We Supposed To Trust A Newspaper With Editors That Allow This?”

Once again, I am behind in posting deserving Comments of the Day, in particular one from P.M. Lawrence that opens all manner  of worm cans, necessitating a bit more prep than usual. This COTD, sparked by the New York Times’s allowing fake Middle East history to sully its pages, seemed especially appropo given Vermont’s offensive capitulation to political correctness by turning Columbus Day into “Indigenous  Peoples Day.”

This is sentimentality replacing a crucial historical and cultural marker to which attention must be paid. Whatever his misdeeds, Columbus’s voyage and its discoveries was one of the great turning points in the history of mankind. Columbus’s boldness was a catalyst  for furious colonization by the western European powers , new trade commodities products and the introduction of products like corn, potatoes, tobacco and chocolate to the rest of the world, innovations in seafaring and supply preservation, and transformative contacts between cultures. It also led to the United States of America, and despite the laments of the America-haters, the world is far better for that.

Here is Steve-O- in NJ’s Comment of the Day on the post, “Propaganda And Fake History: How Are We Supposed To Trust A Newspaper With Editors That Allow This?”

No one ever mentions that the Muslims had been conquering parts of Europe for 3 centuries before Pope Urban called for a crusade, and if you point it out, the left brushes you off as pedantic at best, an apologist for brutality at the worst. The Inquisition I’ll admit was pretty bad, but, to put it in context, heresy is to the church what treason is to a government, and, when the church is as much a temporal power as the government, it should not come as a surprise that it takes steps to protect that power. The Muslims can lecture us about that when you can no longer have your head chopped off in Sunni countries if you mistakenly sound the call to prayer more than once (a Shi’ite practice, which is prohibited in Sunni countries), and the Protestants can lecture us about it when they apologize for Cromwell in Ireland and the High Commission. Continue reading

Propaganda And Fake History: How Are We Supposed To Trust A Newspaper With Editors That Allow This?

New York Times journalist Eric Copage decided to resurrect the “Jesus was black” controversy from the Seventies for Easter in a column called, “As a Black Child in Los Angeles, I Couldn’t Understand Why Jesus Had Blue Eyes.”

That’s funny: as a white child growing up in the Boston area, I couldn’t understand how anyone knew what Jesus looked like, since there were no photographs then and he never had his portrait painted. I had the same question about Moses, and Adam and Eve.

But I digress. Copage seems to think it matters that Jesus wasn’t blue-eyed; I have a harder time imagining him shorter than a typical jockey, which he quite possibly was. The writer then says, Continue reading

Saturday Ethics Warm-Up, 4/20/19: Fighting Fake Hate Crimes, Mueller Report Spin, Journalism Incompetence, And Being Mean To Beto

Good morning!

1. Nah, there’s no mainstream media ignorance and stupidity…

Mecca!

These are the people we trust to keep us informed about the world, and explain what we don’t have the time to study.  Great. [Pointer: Instapundit]

2.  Please circulate to your tantrum-throwing Impeach Trump friends...Yet another sharp column by Glenn Greenwald cutting through the fog and wind, and explaining that, as he puts it, “Robert Mueller Did Not Merely Reject the Trump-Russia Conspiracy Theories. He Obliterated Them.”

Unlike the New York Times, which intentionally cherry-picked quotes from the Mueller Report to give solace to its Trump-Deranged readers, Greenwald reproduced the substantive conclusions that put the nails into the collusion fantasy. Like…

  • “The investigation did not identify evidence that any U.S. persons knowingly or intentionally coordinated with the IRA’s interference operation”
  • “[T]he investigation did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities.”

Greenwald concludes,

In sum, Democrats and their supporters had the exact prosecutor they all agreed was the embodiment of competence and integrity in Robert Mueller. He assembled a team of prosecutors and investigators that countless media accounts heralded as the most aggressive and adept in the nation. They had subpoena power, the vast surveillance apparatus of the U.S. government at their disposal, a demonstrated willingness to imprison anyone who lied to them, and unlimited time and resources to dig up everything they could.

The result of all of that was that not a single American – whether with the Trump campaign or otherwise – was charged or indicted on the core question of whether there was any conspiracy or coordination with Russia over the election. No Americans were charged or even accused of being controlled by or working at the behest of the Russian government. None of the key White House aides at the center of the controversy who testified for hours and hours – including Donald Trump, Jr. or Jared Kushner – were charged with any crimes of any kind, not even perjury, obstruction of justice or lying to Congress.

These facts are fatal to the conspiracy theorists who have drowned U.S. discourse for almost three years with a dangerous and distracting fixation on a fictitious espionage thriller involved unhinged claims of sexual and financial blackmail, nefarious infiltration of the U.S. Government by familiar foreign villains, and election cheating that empowered an illegitimate President. They got the exact prosecutor and investigation that they wanted, yet he could not establish that any of this happened and, in many cases, established that it did not.

Precisely. Continue reading

Now THIS Is An Unethical Pastor! Also An Idiot. Also…ARE YOU KIDDING ME???

As I go through life, I find myself having increasing difficulty distinguishing organized religions from cults. I know what Ben Franklin would say: “cult” is always used in the third person, as in “their cult.” I also have a difficult time of late distinguishing cults from religions. Isn’t climate change activism a religion now? How about hating President Trump? Socialism has always been a cult. Cults install One Great Truth as a substitute for critical thought and the ongoing process of self-education and accumulated wisdom. They also can drive people mad.

Take, for example, this story….

Jaddeus Dempsey, the associate pastor at Impact City Church in Pataskala, Ohio, asked the kids attending his after-school youth program to spit in his face,  slap him in the face, and finally to cut him on the back with a kitchen knife. He explained that  the exercise was part of a larger lesson on “how much Jesus loved them.”

If Jesus really loved them, He wouldn’t allow them to get trapped in a room with this wacko.

The whole horrible  episode was partially captured on video, as you can see above. Some of Dempsey’s Disciples  shout and laugh as they line up to  spit at the pastor and slap him.  Some of them seem genuinely enthusiastic about abusing him.  (Hitler Youth may have been trained this way.) The video ends after the first cut with the kitchen knife; who knows what happened after that.

The church spokesperson “explained” that Dempsey was just trying  to present the exercise as a lesson of the crucifixion ahead of the Easter holiday.

Oh! Then that’s all right then!

Dempsey appeared in a video on the church’s Facebook page, saying with a knife sticking out of his back—I’m joking!

“It was just not appropriate and it was in bad judgment. I am so sorry for misrepresenting the community, the church, the parents, and the students — anybody that I hurt. This was not my intention. My intention was to just show them how much Jesus loves them and that I love them as a student leader for almost four years now. Tonight was an anomaly and it is not normally what happens. Again, I am deeply sorry for the pain that I have caused.”

Got it! You’re an irresponsible moron, and unfit to be left alone with children! Now check yourself into a mental ward, that’s a good pastor…

The church’s lead Pastor Justin Ross elaborated on the intended lesson. “Jaddeus got up in front of the students and he says, ‘I’m going to ask you to do something that might seem a little crazy, but if there’s anyone here that would like to spit in my face, you can do so without any repercussions,” Ross said.

“He had the opportunity to share a message about Easter,” Ross added, “and he chose to use an illustration to explain a very important topic about the crucifixion, but the illustration went too far.”

Ya think?????

In another statement, Ross told WBNS-TV,

“We exist to create an environment that is safe and predictable for students to come, connect with their friends and grow closer to God. Today we failed at creating that safe, predictable environment. We want to do better.”

Well that’s a relief. It would be pretty hard to do worse.

Another disturbing aspect of the episode was that none of the adults, including Ross, who were in the room  witnessing Dempsey’s deranged lesson—that was child abuse, you know— had the integrity, courage or independence to stop it.

Cults are like that.

The mother of one of the male children who handled the knife told a TV station that  her son won’t be returning to the church, and that she reported the incident to the sheriff’s office. Good. That’s one responsible parent. Unfortunately, I assume most will echo the sentiment of Kelsey Collier, who  told the BBC,

“Jaddeus and people in that church were always there for us.They’re the most understanding, least judgmental people you will ever meet.”

Well they certainly have the least judgment of anyone you are likely to meet…

 “I don’t think someone should be judged just based on one mistake, that one mistake doesn’t define who he is.”

Sorry, Kelsey, but someone in a better youth group needs to introduce you to the concept of signature significance.

Normal, trustworthy, rational and responsible people don’t tell kids to slap them and cut them with knives—ever. That’s not a mistake, that’s fanaticism, and it absolutely defines what the pastor is, at least in a professional context.

Dangerous, and nuts.

Ethics Dunce AGAIN By A Man In A Position That Should Never Include An Ethics Dunce: Pope Francis

Let’s see now. You are the titular head of a religious organization that talks a good game about virtue, morality and the dangers of sin, and it has been shaken to its core by an ongoing scandal involving thousands of officials sexually molesting hundreds of thousands of children while your organization not only covered up the crimes, but facilitated them. After the latest outbreak of this decades—centuries?—long scandal, you declared that your organization would regain the trust of its members by reversing its previous corrupt practices, and send clear messages that the conduct that endangered and damaged children would not be tolerated.

Then, when one of the highest officials in your organization offers his resignation after being convicted in a court of law for failing to stop one of the ongoing molesters despite knowledge of his vile  activities, you refuse to accept that resignation.

What sense does this make? This is a fair summary of Pope Francis’s recent decision to reject the resignation of Cardinal Philippe Barbarin despite his conviction this month for covering up decades-old allegations of sexual abuse by a priest in his diocese. The only way it makes sense is if the Pope doesn’t comprehend the seriousness of the sex abuse scandal, and still places loyalty to the church and his colleagues above the welfare of victims past, present and future. Continue reading

Morning Ethics Warm-Up, 3/18/2019: Paranoia, Pettiness, Pirro, Provoked Applicants, Piqued Students, Posturing And Progressives

Good Morning, Pacific Time Zone!

I’m heading to San Diego tomorrow to talk about “Five Looming Ethics Issues for Lawyers  and  Their  Corporate Clients”  to a group of over 600 lawyers. THEY don’t think my analyses of ethics issues violate community standards…okay. I admit it, I’m getting paranoid. Despite a lot of, I humbly believe, useful, timely and well-presented content, the weekend traffic was terrible, and comments were sparse, if excellent. This year, so far, is lagging behind last year, which seriously trailed the year before. What’s going on here? Has Google secretly joined Facebook in its efforts to keep the posts here from reaching an audience? Of could it be that I just suck? Maybe Donald Trump really has killed all belief in ethics…that’s the ticket! Blame the President!

1. Pettiness and vindictiveness vanquished. Good. The Judicial Council of the 10th U.S. Court of Appeals  has affirmed its December decision to reject 83 ethics complaints against Justice Brett Kavanaugh, all filed by bitter partisans who are determined to hurt the newest Justice because the Democrats’ slimy and unethical ambush tactics failed, as they should have. In a 6-1 decision, the judicial council affirmed its earlier finding that the federal law governing misconduct complaints against federal judges does not apply to justices on the U.S. Supreme Court. Many of the complaints filed against Kavanaugh argued he had made false statements under oath during hearings on his nominations to the U.S. Court of Appeals for the D.C. Circuit in 2004 and 2006 and to the U.S. Supreme Court last year—you know, like having an innocent recollection of what “boof” meant in his completely irrelevant high school year book.  Other complaints accused Kavanaugh of making inappropriate partisan statements in his inappropriately partisan hearings, or claimed he treated members of the Senate Judiciary Committee with disrespect, or as I would put it, the disrespect they deserved for attempting to smear his good name and reputation through demagoguery and calls to reject the presumption of innocence.

Let me remind everyone that Ruth Bader Ginsberg, in her confirmation hearings, stated under oath that she had no pre-formed opinions that would affect her objectivity in abortion cases. Nobody filed any ethics complaints. Continue reading

Comment Of The Day: “Morning Ethics Warm-Up, 3/15/2019: Fevered Ethics Musings, and More” [Item #2]

Cultural literacy pop quiz: who’s the quote from?

This Comment of the Day by Benjamin, a relatively recent recruit to the discussions here, typifies the thoughtfulness and seriousness that distinguishes the commentariat at Ethics Alarms. Ann Althouse, a blogger (whose work  Facebook doesn’t block) with a much larger readership whose topics often mirror mine, just announced that she is considering changing “the commenting experience”:

I’ll regard the comments submitted to moderation as private messages to me, and I’ll only publish comments I think readers would generally enjoy reading — comments that are interesting, original, well-written, and responsive to the post.

I consider most of the comments here interesting, original, well-written, and responsive to the posts. The kind of comment that Benjamin registered is rare on Althouse, or any blog, really, though not rare here. (The exceptions would be PopeHat, whose progenitor has, at least for now, apparently abandoned for greener pastures, and the original Volokh Conspiracy, before it moved to the Washington Post, and then Reason). Why is that? One reason is the subject matter; another is that commenters who can’t express themselves, issue uninformed opinions or who just aren’t too bright don’t do well on Ethics Alarms. Another reason is that, as I have probably complained about too much, the mass exodus here of the Trump Deranged and knee-jerk progressives has eliminated most of the “You’re an idiot!” “No, you’re an idiot!” exchanges that pollute most blogs, as well as comment sections everywhere.

Here is Benjamin’s Comment of the Day on Item #2 in the post, Morning Ethics Warm-Up, 3/15/2019: Fevered Ethics Musings, and More:

My efforts at suppressing the sin of schadenfreude are becoming futile. The things festering behind fiercely-reinforced masks are starting to spill putrid materials out of the eye and nose holes nearly everywhere and all at once. I believe I’m addicted to two “drugs”: watching good men hoisting the black flag and destroying evil with relish in the name of a good end, e.g. Liam Neeson’s Taken is dangerous for me to watch – I start getting ideas – so I’ve placed an embargo for myself on such plotlines; and watching evil destroy itself. I don’t think I’ll need to embargo the latter, though. There’s nothing more instructive of the fact that difficult-but-correct choices ought to always be chosen over immediately convenient wrong ones than watching the effects of a century or so of those wrong choices. Continue reading