Greer’s Ranch Cafe Et Al. v. The United States Small Business Administration: No Government Discrimination Based On Race Or Gender Means No Government Discrimination Based On Race Or Gender

OK to be white

When the government says that it isn’t OK to be white (or male), that’s not just unfair, it’s unconstitutional. Why is this so hard to grasp? Why is it controversial?

Texas federal district court Judge Reed O’Connor ruled last week that the Biden Administration was engaged in racial and gender discrimination in the administration of pandemic relief funds under the American Rescue Plan Act. NO! The BIDEN ADMINISTRATION handing out special benefits to women and blacks to the disadvantage of whites based on no other distinctions but race and gender? Impossible! Completely out of character!

Thanks, I had a huge sarcasm lump in my gorge that showed up on my last X-ray as a horseshoe crab. Whew! Finally got that thing out!

Judge O’Connor found that the Biden administration deliberately engaged in systemic gender and race discrimination in implementing Wuhan virus relief for American restaurants. Café owner Philip Greer sued the Small Business Administration arguing that he needs the same financial assistance as minority restauranteurs under the newly enacted American Rescue Plan Act, since his Greer’s Ranch Café lost over $100,000 during the pandemic. But Greer learned that he could not receive benefits from the Restaurant Restoration Fund approved by Congress because he is the “wrong” gender and the “wrong” color.

The White House and the Democratic-controlled Congress want women, minorities and “socially and economically disadvantaged” people” to be first in line. $2.7 billion already has been distributed through the fund and there are almost 150,000 pending applications from owners who will get preferential treatment over Greer. The SBA confirms it already has requests for $65 billion in payments under the fund. Greer worries that he might not get any assistance at all….because he is white. And—yecchh!—male.

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Oops! So Much For That Gun Confiscation Plan…

SCOTUS cartoon

…at least until they pack the Supreme Court, of course….but with lackeys, not liberals.

The Biden Administration, eager to pave the way for the gun confiscation it claims it never would dream of, is eager to expand the “community caretaking” exception from a 1973 case, Cady v. Dombrowski, in which an officer took a gun out of an impounded car without a warrant. The Supreme Court ruled then that police could conduct such warrantless searches as a “community caretaking function” as long as they did so in a “reasonable” manner.

Since the Progressive Borg considers “sensible gun controls” inherently reasonable, and since they (it?) regards the Second Amendment as inherently dangerous to the community, the government argued that“community caretaking” should extend to homes as well as cars.

A Rhode Island man, Edward Caniglia, sued after police officers searched his home and seized two handguns without a warrant in 2015. During an argument with his wife, Caniglia had placed a handgun on the dining room table and asked her to “shoot [him] and get it over with.” His wife left and called the police the next day. She was worried that her husband had shot himself. The police found Caniglia on his porch, alive. He agreed to go to the hospital for psychiatric evaluation “on the condition that the officers would not confiscate his firearms.” But when he did, the police searched his home anyway, and seized his gun.

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Horrifying Tales From “The Great Stupid”

Horror comics

  • This month ,two black Penn State University professors reported a “noose” in a tree behind their home The PSU student newspaper Daily Collegian quoted the professors said the “noose” was “deliberately placed [on the tree] to harass them” and was “deeply distressing to them and their family.” PSU President Eric Barron quickly posted a statement “expressing concern” about the incident and “offering support,” adding,

    “[T]he incident underscores the importance of our anti-racism work as a University, and as a community of scholarsIt also underscores the importance of our town-gown work to build a safe, welcoming and inclusive environment for all who live here. Groups like Community & Campus in Unity that have formed the Centre Region Anti-bias Coalition are critical to helping create a climate of acceptance and support.”

    When police interviewed the professors’ neighbor, they learned that the “noose”  was part of a swing set. The neighbors’ kid told police he had thrown the rope “into the woods.” Police concluded  “no kind of crime [was] committed at all” and that the rope was not intentionally used to suggest a noose, or any racist statement.

  • But things could be worse, as in Scotland. There,  Lisa Keogh, a mother of two and a law student at Abertay University, faces discipline for saying that women are born with vaginas and are physically weaker than men. Keogh was taking part in a virtual discussion on “gender feminism and the law” and was discussing transgender women participating in women’s sports, Keogh also said her classmates were “man-hating feminists” after a peer stated that all men were rapists.“I didn’t deny saying these things and told the university exactly why I did so,” Keogh said. “I didn’t intend to be offensive but I did take part in a debate and outlined my sincerely held views. I was abused and called names by the other students, who told me I was a ‘typical white, cis girl’. You have got to be able to freely exchange differing opinions otherwise it’s not a debate.”

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A Scandal That Compels The Question: If This Can Happen, What Other Ethics Rot Lurks In The Justice System?

Texas attorney Weldon Ralph Petty Jr was a busy guy at the Midland County courthouse. By day he appeared before judges as an assistant district attorney. By night, he worked as a law clerk for some of the same judges, sometimes advising them regarding the criminal cases he was prosecuting. This went on for more than a decade.

You don’t have to be a legal ethics whiz to figure out that such conduct isn’t ethical. Prosecutors are barred from privately communicating with judges about cases or matters even indirectly related to their cases. Judges and their clerks are forbidden from disclosing the discussions and in chambers considerations regarding cases to prosecutors or defense attorneys.

Thus Petty, 78, was flagrantly violating ethics rules by simultaneously acting as a prosecutor and a paid adviser to supposedly impartial judges, who were also breaching judicial ethics to a spectacular degree by allowing him to do so. A February story published by USA Today first reported that Petty was paid by judges as a clerk in at least 350 cases from 2001 until his retirement as an assistant district attorney in mid-2019. Seventy-three defendants, maybe more, that Petty prosecuted are in prison. A court opinion issued April 28 calls for overturning Midland County’s only death penalty case due to Petty’s prosecutorial misconduct and the judge’s failure to recuse himself, so Clinton Lee Young, who has been on death row since Petty prosecuted him in 2003, will get a new trial.

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Saturday Ethics Spasms, 5/15/21: Are You Reading This? I Don’t Want To Know!

Well, I’ve solved the annoying traffic problem on Ethics Alarms: I’m not checking the traffic any more. It doesn’t affect anything but my ego and enthusiasm. My ego is a lifetime problem, but my enthusiasm is important, and there’s no reason to deliberately upset myself. I kicked the traffic in the metaphorical solar plexus by being such a health-weenie the last couple of weeks, but I have to just focus on content, trying to maintain variety, and staying dedicated to the mission here. William Saroyan, with whom I have more in common than is good for me, liked to say that an artist has not lived in vain if one human being sings his song. I’ve always tried to act as if I believed him, and it’s high time that I really did.

1. President Biden and I agree on this, at least. The President put the kibosh on President Trump’s half-baked—maybe 25% baked—National Garden of America Heroes project. Good. I explained why this was bad history and a waste of time and money here.

In Trump’s defense, at least his worst ideas didn’t cost trillions of dollars…

2. Nah, there’s no mainstream media bias! Most media outlets are parroting this, from NASDAQ:

“Consumer sentiment in the U.S. has unexpectedly decreased in the month of May, according to preliminary data released by the University of Michigan on Friday.The report showed the consumer sentiment index dropped to 82.8 in May from 88.3 in April. The decrease surprised economists, who had expected the index to rise to 90.4.”Consumer confidence in early May tumbled due to higher inflation–the highest expected year-ahead inflation rate as well as the highest long term inflation rate in the past decade,” said Surveys of Consumers chief economist Richard Curtin.”

Unexpectedly? After the new administration has behaved as if the national debt was in Monopoly money,the Left slow-walking the opening up of the economy when it should never have been shut down, and the enthusiastic socialists who write the checks paying Americans not to work? Are economists that stupid, or do they just think the public is that stupid?

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“The Vaccine Is Too Risky To Take!” “No! The Vaccine Is Risk Free!” STOP! You’re Both WRONG! It’s TWO, TWO, Two Vaccines in ONE! [Corrected]

Ethics Alarms has to comment on the truly irresponsible and destructive ideological posturing by the two ends of the political spectrum regarding the Wuhan virus vaccine. The intellectually dishonest sniping from the Left and the Right would be humorous if it wasn’t so potentially destructive. Here is a brief summary of the situation, which nobody seems capable of stating clearly.

Because of many factors. the United States allowed a virulent virus to devastate its economy, education, politics and culture in ways that, like those old Chinese finger traps, make it difficult to back out of. This should not have happened, but it did, and that’s all that matters. The situation as it is cannot be sustained, so it is crucial to minimize the threat of the pandemic as quickly as possible. This means that either a cure or an effective preventive measure must be available, and since no cure seems on the horizon, a vaccine is the nation’s best shot (no pun intended.) The damage to the country and culture worsens every day, so the vaccine has been rushed into production and use far more quickly than usual health protocols would normally require. It is a utilitarian trade-off, and the appropriate one.

The more people vaccinated, the better. It’s as simple as that. And since all vaccines kill a small percentage of people, the more Americans who are vaccinated, the more people are going to die. It’s also as simple as that. AND because this vaccine (actually vaccines, plural) have not been as thoroughly tested as vaccines normally are, a higher percentage of those vaccinated for the Wuhan virus will probably die than with other vaccines. That’s simple too. Unfortunate, but simple.

So the responsible, patriotic, rational act is to get vaccinated.

Unfortunately, a lot of people have been unreasonably suspicious of all vaccines, and many more have become quite reasonably suspicious of the CDC and government health edicts, not to mention the hysterical news media, during the pandemic, because, to be blunt, their advice, statements and demands have been too frequently dishonest, hypocritical, mistaken or wrong. The Left—Democrats, progressives and the news media—being increasingly inclined to totalitarian methods these days and reliant on telling the peasants to trust them when they appear to be more untrustworthy than ever, are deliberately refusing to be transparent about the Wuhan vaccine risks in order to maximize the number of American willing to take it. The Right—including conservatives, libertarians, flat earthers and a lot of Republicans—are reacting to their ingrained distrust of the Left—not that it isn’t deserved— by resisting the vaccine and sliding into conspiracy theories. Conservative media, playing to their market, are encouraging this, because that’s how they get eyeballs and clicks….and money. All of this threatens to cause the damage wreaked by the pandemic to persist, or even get worse.

Yes, it’s an Ethics Train Wreck, a sub-train wreck of the Wuhan Virus Ethics Train Wreck, which I hereby dub the Pandemic Vaccine Ethics Train Wreck.

With that, here are eight ethics observations on Fox News provocateur Tucker Carlson’s’ recent phillipic about the vaccine. The full text of Carlson’s statement follows them.

Observations:

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Monday Morning Ethics Warm-Up, 5/10/2021: “Help! Every Ethics Story I Find Makes Me Want To Jump Into My Shredder!”

Remember that Ethics Alarms is dependent on its many scouts, tipsters, fans and friends to keep the content varied and enlightening. As it is I can’t keep up, and having to engage in principled boycotts of unethical news sources (CNN, MSNBC, NPR, Fox News, ESPN, ABC and more) has made research more difficult, since even these blighters of the culture occasionally have something useful to report. Positive stories, those that tell me that society may be heading into the light rather than slithering into the darkness, have been in especially short supply lately, or if they have not, I’m not seeing them.

Speaking of seeing, maybe one reason I am in a rotten mood is that my wife decided that the perfect way to begin the week was by watching the 2008 Canadian film “Blindness,” a smug, would-be ethics film in which much of the world is suddenly rendered sightless by a mysterious pandemic. The movie’s villain is a blind man with a gun, who declares himself “king;” Julianne Moore plays an ophthalmologist’s wife who pretends to be blind so she can stay with her sightless husband as the stricken are rounded up by the government; and the plot has developments like this (from the Wikipedia plot summary):

“A man with a handgun appoints himself “king” of his ward, and takes control of the food deliveries, first demanding the other wards’ valuables, and then for the women to have sex with their men. In an effort to obtain necessities, several women reluctantly submit to being raped. One of the women is killed by her assailant, and the doctor’s wife retaliates, killing the “king” with a pair of scissors. In the ensuing chaos, the building catches fire, with many inmates dying. The survivors who escape the building discover that the guards have abandoned their posts, and they venture out into the city. Society has collapsed, with the city’s population reduced to an aimless, zombie-like struggle to survive.”

Amusingly and predictably, the movie was attacked by organizations representing the blind.

It made me wish I was blind while I was watching it.

1. Wow…the New York Times really is sticking with the debunked “1619 Project” narrative! Nick Rojas writes this in a Times news story:

The Three-Fifths Compromise, an agreement reached during the negotiations in 1787 to create the United States Constitution, found that, for the purposes of representation and taxation, only three-fifths of a state’s enslaved people would be counted toward its total population. It is regarded as one of the most racist deals among the states during the country’s founding.

The Three-Fifths Compromise was not racist, and it is only notorious to the historically ignorant and those who have deliberately misrepresented the facts to advance Critical Race Theory. Giving full representation to slaves in the Southern states would have vastly increased the slave states’ power, and made it more difficult to keep slavery from spreading. Historians are mostly in agreement that the compromise was ultimately in the long-term interests of black Americans and began the process leading to emancipation.

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Afternoon Ethics Afterthoughts, 5/7/2021: On Quitting, Cancelling, Lying And Deflecting

brain

1. The dignity and integrity to quit. The big news in baseball yesterday was that the California Angels finally released Albert Pujols. Pujols is in the last year of a terrible 24 million dollar a year+ contract he signed as a free agent. For the last several years, he had negative value, meaning that the Angels would have been better if they just stuck a utility infielder in his slot in the line-up. When Pujols left the St. Louis Cardinals, he was already a lock of the Hall of Fame, much like Mike Trout today (also on the Angels) who could quit at 30 and still be regarded as one of the greatest players of all time. In 2019, I wrote about another washed up batter holding on to collect his exorbitant salary when he was no longer capable of earning it, the Orioles’ erstwhile slugger Chris Davis. I wrote in part,

[He] should call a press conference and do what some baseball players better than he have done when they realized they could no longer play at the level they were paid to. Quit. Retire. Say that he has too much respect for the game, his team mates, Baltimore, the Orioles, its fans, and himself to keep on with the embarrassing futility of trying to play major league baseball when he no longer has the skill to do so while receiving millions to fail. Then he should walk away, an Ethics Hero, and a model of integrity.

But Davis didn’t, of course. Davis earned $23,000,000 that year, and last year. He will earn the same amount this season and the next, to add to the 165 million he’s banked already. His OPS (On Base % plus Slugging %) the past three years: .539, .601, and .331. The average OPS in the Major Leagues is about .750. Nothing yet this year: he’s been injured. The Orioles hope he stays that way.

What Pujols is owed if he stays active is virtually monopoly money to him: he already has a third of a billion dollars from his baseball salaries alone, and many millions more from endorsements—and that’s just assuming he keeps his money in a sock. Reportedly Albert is greatly admired as a man of character, but if he was truly that, he would have the character to quit. Now.

2. Nah, there’s no mainstream media bias! Here’s a fun link: conservative pundit David Harsanyi traces (some) of the egregious media bias since Biden took office.

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Wait…Why Does Facebook Allow Non-Americans To Censor Our Political Discourse?

That’s impressive: Facebook’s “quasi-independent” review board is even more unethical than I thought.

That board’s membership was in my print version of the New York Times yesterday. If it’s on the web, it’s too well hidden for me, but here is the disturbing part: on the 20 person board, 15 of the “‘experts” don’t live in the United States of America.

Let’s make this clear: as Tom Slater of “Spiked!” correctly points out, Facebook’s banning of Trump ‘represented one of the most terrifying corporate interventions into democratic politics in recent memory. In removing Trump from its platform, used by around 70 per cent of adult Americans, Facebook was effectively standing between a president and his people, depriving him of access to what now constitutes the public square. This is an assault on democracy that makes the surreal storming of the Capitol pale into insignificance.”

Exactly. And to review a decision with massive consequences for our nation and its public, Facebook turns to distant arbiters who 1) have no stake in the fate of the United States at all and 2) lack the cultural values unique to this country of treasuring and protecting free speech and expression.

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Ethics Quiz: The Football Coach’s Tweet

Malone

Once again, I am 90% certain, maybe more, what the right answer should be, but also again, I’m close enough to the cusp to have “reasonable doubt,” or as they would say in the Chauvin trial, “Never mind!”

Chris Malone, an offensive line coach at the University of Tennessee-Chattanooga (UTC), , was fired two days after he tweeted,

“Congratulations to the state GA and Fat Albert @staceyabrams because you have truly shown America the true works of cheating in an election, again!!! Enjoy the buffet Big Girl!! You earned it!!! Hope the money is good, still not governor!”

The school responded, through its athletic director,

“Last night, a totally inappropriate social media post by a member of our football staff was brought to my attention. The entire post was appalling. The sentiments in that post do not represent the values of our football program, our Athletics department or our University. With that said, effective immediately, that individual is no longer a part of the program.”

Your Ethics Alarms Ethics Quiz for today (as I head to my oral surgeon for the latest emergency…):

Was it ethical to fire him?

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