Rights

Four Supreme Court Decisions: Abortion, Guns, Affirmative Action, Corruption…And Ethics. Part I: Fisher v. University of Texas

/ Jack Marshall / 8 Comments
Abigail Fisher: Not dark enough to get "an equal shot"

Abigail Fisher: Not dark enough to get “an equal shot”

The under-populated U.S. Supreme Court recently made four decisions on issues with ethical principles involved. This is the first of four posts reviewing the ethics implications of the decisions.

I. Affirmative Action: Fisher v. University of Texas

The University of Texas’ admissions program guarantees admission to top students in every high school in the state. It is dubbed the  Top 10 Percent program, though the percentage cutoff is flexible. A second part of the admissions program admits other students from Texas and elsewhere using standards that take into account academic achievement and other factors, including race and ethnicity. Many colleges and universities base all of their admissions decisions on such grounds. The case before the Court challenged that part of the program, and presented an opportunity for the Supremes to finally declare affirmative action unconstitutional, as previous opinions hinted they might do some day.

This was not the day, however. Justice Kennedy, writing for the majority, said courts must give universities significant but not total autonomy in designing their admissions programs, writing:

“A university is in large part defined by those intangible ‘qualities which are incapable of objective measurement but which make for greatness.’ Considerable deference is owed to a university in defining those intangible characteristics, like student body diversity, that are central to its identity and educational mission.But still, it remains an enduring challenge to our nation’s education system to reconcile the pursuit of diversity with the constitutional promise of equal treatment and dignity.”

This defines either an ethical dilemma, which the Court’s majority is punting, or an ethical conflict…which the Court majority is punting. Is diversity an ethical objective, or a practical one, that is, a powerful non-ethical consideration? It is hard to argue that diversity in a student body isn’t desirable—to enhance the educational experiences of students, to avoid having a permanent, under-credentialed underclass, to “look like America.” However, fairness and common sense argue that admitting one candidate over another who is better qualified simply because of ethnicity or race is per se wrong. I don’t blame the Court at all for not making a clean call.

As usual, President Obama described the result in simplistic terms. “I’m pleased that the Supreme Court upheld the basic notion that diversity is an important value in our society,” he told reporters at the White House. “We are not a country that guarantees equal outcomes, but we do strive to provide an equal shot to everybody.”

Thank you, President Obvious. The crux of the case, however, was what should be done when using race as a standard for admission to attain that diversity denies an “equal shot” to someone who has the misfortune to be white, like Abigail Fisher, or Asian-American. Continue reading →

On Climate Change And The First Amendment, Yale’s Law School Dean Gives Us A Reason To Be Very Afraid

/ Jack Marshall / 21 Comments

I just wrote in a comment thread,

“The one thing that could change my mind to believe that Trump is less dangerous than Clinton is that the trappings of Trump and his followers reek of stupidity, and the trappings of Hillary and her allies are redolent of totalitarianism.”

The effort by Democrats and anti-gun zealots to deliberately breach the Fifth Amendment to allow “pre-crime” anti-gun laws was one example of the Obama/Clinton/Sanders left’s creeping embrace of totalitarian principles.

Here is another.

Over the weekend, Robert Post, the current dean of Yale Law School where both Bill and Hillary learned to be unethical lawyers, authored a shocking 0p-ed for the Washington Post. In it, he attached his influence and credibility to the idea that the government should use the power of prosecution to intimidate opponents of government policy and widely accepted left-wing agenda items. I have never seen such a disgraceful breach of academic prestige. If I were a Yale grad, I would be heavily involved in calling for Post’s resignation.

Post is supporting the attempts by Democratic, climate change policy-supporting attorneys general to target Exxon-Mobil for fraud because the company opposes certain climate change measures. This comes after eco-facists like Robert Kennedy, Jr. and climate change shills like  Bill Nye (The Self-Promoting Not-Really-The-Expert-He- Pretends -To-Be  Science Guy) have suggested that “climate change deniers” should be jailed. That’s not the theory, though. The theory is that Exxon-Mobil has defrauded investors by misleading them about the results of their own research. Thus the company has been hit by demands for documents by the Massachusetts and New York attorneys general to reveal all of that research.

Exxon-Mobil, as well as others, has condemned this effort as an attempt to chill First Amendment debate. Post, who has allied himself with the censors because climate change is “settled science,”  bolsters the political inquisitioners’ deceit. “It may be that after investigation the attorneys general do not find evidence that Exxon-Mobil has committed fraud. I do not prejudge the question. The investigation is now entering its discovery phase, which means it is gathering evidence to determine whether fraud has actually been committed,” the esteemed dean writes.

Cute. Of course, once the precedent had been established that the government can force someone into expensive legal defense for “the fraud” of disagreeing with the pronounced truths of the State, then dissent and political opinion will be repressed, suppressed, and discouraged. Continue reading →

Observations On The Redacted Orlando Terrorist’s 911 Call Transcript Fiasco

/ Jack Marshall / 4 Comments

Lynch white House

Polls show that as citizens consider the horrors of Clinton and Trump, Obama’s approval numbers are going up. This makes sense, of course: competence and virtue are relative. I haven’t seen a poll but it would not surprise me if, after almost 8 years of Obama, Jimmy Carter’s poll numbers have risen too, as well as Herbert Hoover’s and, across the pond, maybe even Neville Chamberlain’s.

Just so we don’t get carried away with nostalgia for an arrogant and incompetent leader as we anticipate his corrupt or unhinged successor, I feel obligated to use Bon Jovi’s “turn back time” device to return to last weekend, when Obama gave us perhaps the most damning evidence yet of how cynical, dishonest, contemptuous and inept his”transparent” leadership has become. Mea culpa: I passed over it last week in my concentration on the mad flare-up of anti-gun hysteria.

As all but the most denial prone Democrats will acknowledge, President Obama has gone to ridiculous and dangerous lengths to avoid formally citing radical Islam as a terror threat, because it requires acknowledging that a large (okay, large enough) component of the Muslim population abroad and maybe here as well wants to kill us. Truth is the enemy to liars, frauds, totalitarians and the deluded: take your pick here. Either way, for Attorney General Loretta Lynch to say of Omar Mateen in a press conference, as she did Tuesday, that “I cannot tell you definitively that we will ever narrow it down to one motivation. People often act out of more than one motivation,” is an insult. This is blatant equivocation. Yes, I’m sure Mateen may have gotten up on the wrong side of the bed, and maybe there were some people among the hundred or so he shot that he didn’t like, but he was a Muslim, his father was an anti-American, pro-Taliban zealot, he had pledged himself to ISIS, he launched a one -man terrorist attack, and his religion persecutes gays. Gee, what could his motive have been? I’m stumped. Are you stumped? Loretta is stumped.

No, Loretta has been told to be officially stumped.

Just two days before her transparently dishonest statement (Maybe this was the kind of transparency Obama promised in 2008?), Lynch toured all five Sunday talking head shows (ABC, Fox, CBS, NBC, CNN) to lie about the transcripts of Orlando terrorist Omar Mateen’s calls. This is known at Ethics Alarms and elsewhere as “doing a Susan Rice.” [It’s fun to go back to that 2012 post and read the comments from the denial brigade, like now-self exiled far-left blogger Ampersand, who defended Rice and the administration. “For your statements to make sense,” Barry wrote, “we’d have to believe that US Intelligence had determined with certainty what had happened either while the attack was ongoing or within hours afterward, neither of which is true.” We now know both are true. Thus Hillary told her daughter shortly after the attack that it was an organized terrorist plan. Later, with the election in mind, the YouTube video cover-story was concocted, and Rice was dispatched to spread it.]

President Obama wanted to make the Orlando massacre about gun control rather than Islamic terrorism. His post attack speech did not mention ISIS or Islamic terrorism at all, but quickly pivoted into exploiting the tragedy to call for gun controls, knowing that his lap-dog, gun-hating allies in the mainstream media would let him get away with it. There was a problem, however: Mateen’s phone calls made it clear to anyone paying attention that this was an ISIS-related terrorist attack (not just an “act of terror”—the same equivocation used after Benghazi.)

Here were the redactions:

Mateen: “I pledge of allegiance to [omitted]. “I pledge allegiance to [omitted] may God protect him [in Arabic], on behalf of [omitted].”

The dumbest Wheel of Fortune contestant in the world could fill in those blanks, especially after many of the news reports.

Nevertheless, our Attorney General was willing to humiliate herself trying to justify the withholding of facts from the public, saying on ABC’s “This Week”: “What we’re not going to do is further proclaim this man’s pledges of allegiance to terrorist groups, and further his propaganda.” How lame is THAT? Not as lame as the excuse she gave the same day on CNN’s State of the Union,  where Lynch said:“The reason why we’re going to limit these transcripts is to avoid re-victimizing those people that went through this horror.” What? I’m sure that blatantly censoring information that the public has a right to know will make the victims’ families feel much better. How do the facts that our government thinks the public is made up of gullible idiots, that the President is in denial over Islamic terrorism, that the Attorney General is willing to lie repeatedly on national television and act as a political tool, and that the administration is as transparent as slate make the victims’ families feel? It sure scares the hell out of me.

Occasionally the news media declares, as a friend of mine is fond of saying, “There is some shit I won’t eat,” or at least eat and say “Yum-yum!,” so the censorship of the obvious was roundly mocked and condemned by both the media and Republican leadership. (Oddly, no Democrats stood up for transparency. Democrats: please explain, and explain why this is fine with you.)

So the Obama Administration and the Justice Department caved the next day,  and released a full, uncensored transcript of tMateen’s 911 call on the night of the massacre, and referred to the controversy over omissions in the document “an unnecessary distraction.” (And whose fault was that?)

Omar Mateen made the 50-second 911 call in which he claimed responsibility for the terror attack and pledged allegiance to the Islamic State’s leader at 2:35 a.m., about  a half hour into the June 12 murder spree. Now, with the blanks filled in, the transcript read…

“I pledge allegiance to Abu Bakr al-Baghdadi may God protect him [in Arabic], on behalf of the Islamic State.”

Continue reading →

Why Does Colby College Think That It’s Ethical To Keep A “Bias Incident Log”?

/ Jack Marshall / 14 Comments
Might be time for a new motto, Colby. On the other hand...

Might be time for a new motto, Colby. On the other hand…

Wait…you say that more than a hundred campuses have this or the equivalent?

Oh-oh.

I am scheduled to teach a legal ethics class in the avoidance of bias in the practice of law next year, and I’m already worried. Past engagements of mine on this topic have been popular with attendees, but not always appreciated by my clients. The bar associations that make such training mandatory usually want to get someone to drone on about how lawyers should love Big Politically Correct Brother and search their souls for any germ of an attitude that would make Chris Matthews say they are racist, or the President of NARAL say they are sexist, or a Black Lives Matter activist call them privileged.  In other words, these are often devised as political indoctrination courses, using “bias” as code for “non-conforming thoughts according to progressive orthodoxy.”

I can’t and won’t teach that, because it’s as wrong as it is boring. Bias includes all ideas wedged in our minds that overcome reason and prevent just, even-handed, logical and fair decision-making. Bias makes us stupid, and for lawyers, the kind of bias I’m talking about undermines justice. Ironically, what most proponents of anti-bias courses want to do is instill biases that they and their partisan allies approve of. Once that is done, the Orwellian process is complete. “Bias” then means “not accepting our biases, which aren’t biases because we believe them, and we are good.”  The rationalization involved is 14. Self-validating Virtue.

The news and ethics issues are reaching one of those crisis points for me where everything seems to be connected to everything else, and I am torn whether to write one huge, conceptual post (the ones most readers skip) or a series of single episode posts. Facebook, a topic on its own, is revealing most of my friends whom I would identify as Democrats or progressives as in the grip of a crippling cognitive bias-based malady. Why did they think it was just wonderful for so many elected officials to deliberately ignore the core Constitutional principle of due process? Why did they reflexively attack the British vote to leave the European Union as “racist” or “xenophobic” rather than recognize it as a principled reassertion of their nation’s autonomy and democratic principles? How did freedom of speech, freedom of thought, true civil rights, and democracy itself become so alien to so many supposedly intelligent and self-proclaimed liberal adults?

Don’t worry, I’m coming back to Colby. It really does come down to bad and anti-American education poisoning the culture. In an excellent though disturbing essay on the Ethics And Public Policy website, Stanley Kurtz persuasively argues that U.S. education itself has turned against liberty, resulting in an increasing majority of citizens who do not believe or accept the virtues of core American ideals.

The incident that brought my attention to the Colby Bias Incident Log, which, at Colby and elsewhere, sends a Bias Response Team into investigation mode, was one in which a student was reported for allegedly using the idiom “on the other hand.”

No, this is not a hoax. It is not a joke. And what the fact that I am writing this suggests is far from funny. It is tragic. Continue reading →

I LOVE This Story! If You Don’t Love This Story, Something’s Wrong With You…Or You’re A Mainstream Media Journalist

/ Jack Marshall / 25 Comments

pointing and laughing

Following the Orlando terror attack, Chicago Sun-Times columnist Neil Steinberg, convinced that the attack wouldn’t have occurred if only we had sufficient gun regulations, decided to demonstrate how easy it would to obtain an AR-15 in Illinois. [This was already a bad start to his investigative reporting, since Steinberg didn’t investigate the gun used in Orlando: it wasn’t an AR-15. Then again, since anti-gun zealots don’t care about such details (“All guns BAD”) and low-information citizens still trust the news media not to misinform them, this didn’t matter to the reporter. But I digress…)

A background check was triggered by Steinberg’s application for the weapon,  and he was rejected. It seems the reporter had an “admitted history of alcohol abuse,” and there was a charge for domestic battery on his record.

Isn’t that wonderful?

Children: here is the meaning of “to be hoisted by your own petard.” Say thank you to Mr. Steinberg! Continue reading →

Ethics Dunces (All-Star “Shut Up And Sing ” Edition): Cher, Lady Gaga, Britney Spears, Billy Joel, Paul McCartney, Jackson Browne,Nick Jonas, Sia, Zayn Malik, Barbra Streisand, Beck, Questlove, Pusha T, Ringo Starr, Sting, Ricky Martin, Lin-Manuel Miranda, Selena Gomez, Stevie Nicks, Michael Bublé, Melissa Etheridge, Trent Reznor, Kesha, Katy Perry, Tony Bennett, Yoko Ono…

/ Jack Marshall / 29 Comments

Billborad letters

A couple hundred famous singers and musicians have banded together to sign a fatuous and misleading “open letter” to Congress dictating U.S. gun policy. The letter which is being used as a publicity gimmick by Billboard (and the stars, of course), reads:

As leading artists and executives in the music industry, we are adding our voices to the chorus of Americans demanding change. Music always has been celebrated communally, on dancefloors and at concert halls. But this life-affirming ritual, like so many other daily experiences—going to school or church or work—now is threatened, because of gun violence in this country. The one thing that connects the recent tragedies in Orlando is that it is far too easy for dangerous people to get their hands on guns.

We call on Congress to do more to prevent the gun violence that kills more than 90 Americans every day and injures hundreds more, including:

  • Require a background check for every gun sale
  • Block suspected terrorists from buying guns

Billboard and the undersigned implore you—the people who are elected to represent us—to close the deadly loopholes that put the lives of so many music fans, and all of us, at risk.

The letter is many things:

1. It is scaremongering nonsense. Gun deaths are way down, and the odds of any citizen being killed in a mass shooting is beyond minuscule. Based on 2015 statistics by the broadest definition, you have a 0.00000143% chance of getting killed in a mass shooting. These wealthy and privileged people, who often have bodyguards (with guns) have much less of a risk than that. Nothing is “now threatened.” We are safer from gun violence now than five years ago, ten years ago or 20 years ago. Continue reading →

Eureka! Some Enlightenment Out Of The Orlando Terrorist Ethics Train Wreck! Presenting Rationalization #40 B, The Lone Inspiration Excuse, or “Do YOU Have A Better Idea?”

/ Jack Marshall / 28 Comments

Eureka

The human mind’s infinite ability to devise rationalizations to justify unethical or irresponsible conduct apparently has no bounds. One way that I have discovered many of the nearly 60 excuses, fallacies, deceits, and ethical distortions that make up the Rationalizations List is to argue with intelligent people who are determined to justify conduct that is simply unjustifiable using such legitimate tools as logic, analysis, common sense and traditional ethics. Lacking good arguments and being unwilling to do that hardest thing—give up and admit they are wrong—they pin their position on a rationalization…sometimes one I had never heard before.

The public debate over the various proposals to “do something!” about mass shootings is as depressing as any discussion I have ever participated in. The willingness of gun opponents, Democrats, journalists, pundits and otherwise intelligent people to not only defy the Bill of Rights guarantee of due process but to literally ignore its existence shows how close the stinking breath of totalitarianism is to the neck on our nation, and that it is much hotter than I realized. This isn’t an exception or an anomaly. This is a result of carefully bred contempt for American values.

The intense ignorance crossed with malice toward our Constitution reached a climax of sorts today on social media, as people who should know better (and people who do know better, like erstwhile Harvard Law professor Elizabeth Warren) applauded the cynical and hypocritical “sit-in” by House Democrats, who said they would hold their breath until they turned blue unless the Congress of the United States voted to allow the government to take away the rights of citizens based on “suspicion.” Only rationalizations can defend this position, primarily among them “The Saint’s Excuse,” or “It’s for a good cause,” “It” is this case meaning..

  • Accepting the ethically and morally bankrupt principle that “the ends justify the means”
  • Setting a precedent for allowing the government to abridge any rights it chooses once by some standard it finds a law-abiding citizen “unworthy”
  • Enacting a provision that the ACLU has pronounced unconstitutional
  • Establishing the principle that the Congress can and will abandon the rule of law as long as enough members of the public and media let emotion overcome reality
  • Lay the groundwork for a President, like say, just to pick a crazy, impossible example out of the air, President Trump, who is as ignorant of the rule of law as the position’s supporters, to really start ripping up the Bill of Rights, beginning with Freedom of the Press, Freedom of Religion and Freedom of Association.

To put it another way, it’s a really, really stupid and indefensible position.

[ The House sit-in just ended, by the way, after about a day. Nah, it wasn’t a publicity stunt! ] Continue reading →

House Democrats Sit-In To Ignore The Fifth Amendment (Thereby Disgracing Themselves)

/ Jack Marshall / 125 Comments

Sit in

When is it not a partisan act to condemn an entire political party and the followers who applaud it no matter what it does?

One example is unfolding before us: the Republican Party’s absence of sufficient integrity, principle and will to deny Donald Trump the party’s endorsement and nomination for President. It’s not a partisan act to condemn this. It is objective, rational, and responsible.

It is similarly objective, rational and fair to condemn the Democratic Party and its blind, knee-jerk followers for engaging in one of the most cynical, hypocritical and pandering displays in memory: the current “sit-in” to force the House to vote on anti-gun bills that unambiguously bypass the Fifth Amendment of the Constitution, denying American citizens their civil rights by government edict.

House Democrats, symbolically led by Rep. John Lewis, the elderly civil rights icon who seems now bent on making an ass of himself, have vowed to “occupy” the House Chamber until the no-fly list ban on gun purchasing is voted on, essentially shutting down that side of Congress.  For those whose brains are functioning, this is about as naked a display of political cynicism as we have seen, even topping Ted Cruz’s destructive government shut-downs.

Two days ago, it was Senate Democrats not Republicans, who voted down a bill that would have given the Justice Department power to block gun purchases by anyone on a terror watch list, provided that the government fulfilled its duty of  due process but going to court and satisfying to a judge  that the person on the list was there was a compelling reason to regard the citizen as a public threat. actually dangerous. That was the bill put forth by Senator Cornyn, a Republican. But Democrats could have the gun control provision they were screaming for be the work of that evil, NRA supported party, so it died in the Senate, 53/47, when enough Democrats voted against it to deny the 60 votes it needed for cloture.

Now the House Democrats are grandstanding and acting like children. Yesterday,  the House Democrats chanted from the floor: “I’m sick and tired of being sick and tired!” and “No bill, no break!” while the House remained in recess.

It is unconstitutional to allow the  federal government power to strip the rights from citizens who have been convicted of nothing without the protection of judicial safeguards.If there is any significant controversy about this, I can’t find it. The theory seems to be that because Democrats don’t like Second Amendment rights, they don’t count, somehow. You know, Democrats aren’t crazy about First Amendment rights either.  Perhaps this is why that liberal champion of long standing, the American Civil Liberties Union, opposes the no-fly bills as vehemently as the NRA. They opposed the Cornyn bill, the closest to one that acknowledges the Fifth Amendment, as well as the Democratic, “Due process? What is this due process of which you speak?” capitulations to hysteria, writing in a letter to Senators:
Continue reading →

The New! Improved! Bipartisan! Gun Bill Is ALSO Unconstitutional…And The Statements Of The Senators About It Are Nauseating

/ Jack Marshall / 33 Comments

Collins et al

The New York Times, which apparently only respects that part of the Constitution that protects biased and dishonest newspapers, cheers a newly  proposed anti-gun measure as one that “puts new muscle and momentum behind what would be one of the few restrictions placed on gun ownership in the past 20 years.”

It also takes away the rights of citizens without due process of law.

The compromise bill, proposed by Senator Susan Collins (R-Maine) and backed by Senator Heidi Heitkamp (D-ND), was cooked up a day after the Senate, in the words of the Times, “refused to advance any of four measures intended to make it harder for suspected terrorists to buy guns.”

No, that’s U.S. citizens who have not been convicted of any crime, not “suspected terrorists.” It is not a crime to be suspected of anything. The government cannot take away your rights because it suspects something, or fears you might do something in the future.

Is that really such a difficult concept from elected officials and journalists? Why is that?

“Surely the terrorist attacks in San Bernardino and Orlando that took so many lives are a call for compromise, a plea for bipartisan action…Essentially, we believe if you are too dangerous to fly on an airplane, you are too dangerous to buy a gun,” Collins said in a news conference.

I call on my fellow citizens in Maine to remove this incompetent woman from her high office, for she is unfit to serve: Continue reading →

Ethics Hero: Mother Jones Pundit Kevin Drum

/ Jack Marshall / 9 Comments

Impalings-of-Vlad-the-Impaler

It is sad and yet somehow comforting to watch the members of the crypto-totalitarian left writhe like Vlad the Impaler’s staked victims (above) as they try to deny, accuse, spin and otherwise humiliate themselves arguing against the factual assertion that the  anti-gun “no-fly list” = no gun rights ploy is blatantly unconstitutional, a breach of due process, and “pre-crime” legislation. It is sad, because it shows how far liberal ideology has fallen from its traditional aspirations, and how hypocritical it has become, embracing the “by any means necessary” approach to political power rather than actually respecting the civil rights it claims to worship. It is comforting, because it is signature significance. I thought much of the progressive movement  had become this corrupt and intellectually dishonest; now I know I wasn’t being unfair. This single episode proves it.

There is an ethical response to be adopted by someone previously cheering on the foolish Senator Murphy, or the smugly ignorant Ashleigh Banfield, once they are forced to think a bit about what these secret list tactics really mean in Constitutional terms. They don’t have to attack the messenger, often me, or make non sequitur statements about the Second Amendment is about muskets and militias. That ethical response is, “Oh. You know, I was so upset, I never thought about it that way, but you’re right. Wow. Thank-you.”

Most of them just can’t do it. It may be a lack of character, it may be a case of emotion killing brain cells, it may just be that an individual isn’t very bright, or that he just doesn’t want to be educated. That is, however, the ethical response.

If my floundering, foundering progressive friends want some inspiration to get them over the hump, I may have it for them, ironically from, of all places, Mother Jones, whose due process -mocking headline I recently dissected. That far left publications’ most prominent journalist is Kevin Drum, a progressive to his core. He is, however, also well-informed, intelligent, and true to his principles, and thus, while reporting on the various anti-gun measures being proposed as part of the cynical Democratic “DO SOMETHING!” initiative regarding guns, Kevin Drum wrote, Continue reading →