Science & Technology

Predictable But Depressing: SCOTUS Agreeing To Consider What Is A Viable Unborn Child Triggers Emotional And Irrelevant Obfuscation From Pro-Abortion Propagandists

/ Jack Marshall / 24 Comments

handmaidens

Gee, that was fast! All the Supreme Court did was agree to look at a part of 1973’s Roe v.Wade that has been rendered anachronistic by subsequent developments in science and medicine, and the pro-abortion lobby freaked out. Dobbs v. Jackson Women’s Health Organization involves the 2018 Mississippi law that bans abortions after 15 weeks of pregnancy. The case raises the obviously relevant ethical, moral and legal question of when human life can be and should be subject to law’s protection. Roe, nearly a half century-old now, based its limits regarding when an abortion was a woman’s constitutional right on when an unborn child was “viable,” a word that requires a conclusion about when human life begins as well. It is not only reasonable but necessary for the court to clarify this. Question 1 in the petition for the writ of certiorari is “Whether all pre-viability prohibitions on elective abortions are unconstitutional.” Good question.

So why the freakout? Simple: neither side in the abortion debate has ever been willing to debate the issue fairly, as both ignore the obviously relevant rights and issues of one of the two human beings involved in the abortion equation. As Ethics Alarms has pointed out before and will continue to do until the stars turn cold, this is an ethics conflict, and a difficult one. Two strong ethical principles are opposing each other, both with major societal implications. In ethics conflicts, the ethical process of balancing is required, but neither side is willing to risk balancing regarding abortion. Thus both have conducted their side of the debate by dishonestly denying the existence of the ethical realities opposing the result they want. The anti-abortion advocates refuse to give fair weight to the effect an unwanted pregnancy can have on a woman’s life and future, and women’s legitimate interests in their own autonomy (which still may not be absolute.) Pro-abortion advocates deliberately ignore the fact, and it is a fact, that abortion involves the taking of human life.

This mutual dishonesty is reflected in the euphemisms the sides of the controversy use to obscure the real problem. “Pro Choice” makes it sound like the only issue is a woman’s autonomy ( Life? What life?). “Pro Life” wrongly cuts the interests of the women involved out of the balancing act. This is the reason the abortion debate has made no progress in a hundred years. The two sides are talking about two different things, and have neither the integrity nor the honesty to deal with the balancing problem.

Roe was a badly reasoned and irresponsibly issued ruling, authored by a serial SCOTUS mediocrity, Justice Harry Blackmun. Somehow, the opinion bootstrapped abortion into being a right under the “unenumerated” Constitutional right of privacy by analogizing it to birth control. But the case in which the Court rightly found that the State had no business telling couples that they could not engage in birth control didn’t involve killing anyone. I’d call that a material distinction.

Roe was one of the most breath-taking leaps of law and logic in the history of the Court, and a throbbing example of judicial activism run amuck. Nonetheless, it has been the law of the land long enough to be regarded as stare decisus; for good and practical reasons, over-ruling the entire case would be bad judicial policy. Addressing aspects of the opinion that were based on scientific assumptions no longer valid, however, is common sense, as well as sound legal policy.

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Not Science, Not Journalism, But Advocacy, And Bad Advocacy At That: Res Ipsa Loquitur And The New York Times’ “The Science of Climate Change Explained”

/ Jack Marshall / 26 Comments

Climate change propaganda

Last month, the New York Times devoted an entire section of its weekly “Science Times” section to an extensive brief for climate change and the policies to undo it, reverse it, mitigate stop it—choose your favorite words. Like virtually everything the Times does now, this was political advocacy, cleverly (cough!) placed in a section that expressly denies its bias and politics. Many things were notable about the section nonetheless; for example, it was written in a style that would be more appropriate for fourth graders, telling us how dumb the Times and their political allies think the public is, and not even the general public, but the portion of the public that reads the New York Times. Furthermore, the piece signals repeatedly its failure by promising more than it can deliver. It begins by promising “facts, evidence, and proof,” but much of what the Times’ reporter, Julia Rosen, calls “proof” is nothing of the kind, and what she calls evidence is subject to other interpretations. She makes it clear on the way that she has made up her mind, calling anyone who questions her conclusions “denialists.” Because she is in the throes of confirmation bias, she can write something like this without either ethics alarms or logic alarms sounding:

“There’s no denying that scientists love a good, old-fashioned argument. But when it comes to climate change, there is virtually no debate: Numerous studies have found that more than 90 percent of scientists who study Earth’s climate agree that the planet is warming and that humans are the primary cause. Most major scientific bodies, from NASA to the World Meteorological Organization, endorse this view. That’s an astounding level of consensus given the contrarian, competitive nature of the scientific enterprise, where questions like what killed the dinosaurs remain bitterly contested.”

But science isn’t determined by a popular vote. The number of scientific questions through the centuries that the majority of scientists had spectacularly wrong and the minority of contrarians had right are too numerous to list. Nor is it an “astounding” level of consensus in a field now overwhelmingly weighted on one side of the political spectrum, in a topic in which dissenters are intimidated, denigrated, and punished academically, professionally, and financially. We are also treated to irrelevancies like this by Rosen: “[Frank] Luntz, the Republican pollster, has also reversed his position on climate change and now advises politicians on how to motivate climate action.”

Oh! A pollster now supports climate change! That certainly settles the issue. Wasn’t this supposed to be about science?

Read the whole piece, which is begging for a thorough fisking. It would be a useful classroom project in critical thinking, if schools taught critical thinking any more. The last section, however, “What will it cost to do something about climate change, versus doing nothing?” is the smoking gun. All of the certainly and “proof” Rosen promises evaporates in desperate double talk, intentional vagaries and contradictions. For example,

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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!”

/ Jack Marshall / 14 Comments

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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The Trevor Bauer Affair: “What’s Going On Here?” Unclear So Far, But It’s About Ethics

/ Jack Marshall / 2 Comments

This developing ethics story comes out of baseball, and if you skip the baseball ethics stories, this one shows why that is a mistake. The erstwhile National Pastime is certainly off to a flying start this season in ethics controversies, what with the game’s bone-headed decision to get involved in race-baiting politics seeded by Joe Biden and Stacey Abrams. This new controversy has the advantage of actually being about the game on the field. It also has a marvelous jumble of factors , real and hinted: history, tradition, real rules, unwritten ruled, rationalizations, hypocrisy, persecution, tarnished heroes, and maybe revenge.

Here we go…

Trevor Bauer is a pitcher for the Los Angeles Dodgers whose fame, reputation and salary ($34 million a year for three years) are out of proportion to his record, which stood at 75-64 as this season dawns. At 30, this is roughly the equivalent of the success achieved by such immortals as Chris Young, Ben McDonald, and Chuck Dobson, mediocrities all. But Bauer is 1) unusually articulate 2) a social media master, and 3) had his best two seasons, including winning a Cy Young Award in last year’s shortened, pseudo-season, just as he was nearing free agency. Many players and his primary team in his career, the Cleveland Indians, don’t like Bauer, and not just because opinionated players are never popular with management. He once knocked himself out a crucial post-season start by cutting a pitching hand finger playing with a drone (he loves drones). In 2019, after allowing seven runs, Bauer threw a baseball over the centerfield wall, after seeing his manager Terry Francona come out of the dugout to remove him from the game. Bauer apologized profusely, but it was the final straw, and the Indians traded him.

Bauer, among other opinions, has been among the most vocal critics (and one of the few player critics) of the Houston Astros in particular (see here), and cheating in baseball generally.

After the 1919 Black Sox Scandal, baseball cracked down on pitchers doctoring the ball with foreign substances or by marring the surface to make it do tricks. Nonetheless, that many pitchers continued to try to slip spit, or Vaseline, or slippery elm, or pine tar onto the ball has been assumed, indeed known, ever since. This year, as part of the game trying to cut down on strike-outs which have reached boring levels (baseball is more entertaining the more the ball is put in play), MLB announced that umpires would be checking the balls more carefully and regularly to ensure that the rule against doctoring the ball wasn’t being violated. Lo and Behold, the first pitcher to have his thrown baseballs collected for inspection based on suspicion of doctoring was…Trevor Bauer!

How ironic!

Part of the game’s new policy is examining Statcast spin-rate data to determine unusual upticks for individual pitchers. What does that mean? “Spin-rate,” which now van be measured via computer technology, determines how much a thrown ball moves in curves, sliders and other breaking balls, as well as fastballs. The quicker the spin-rate, the harder the ball is to hit. Bauer has tweeted and spoken about spin-rate, and how using stuff on the ball speeds it up. Coincidentally, while Bauer’s normal spin rate on his fastball was about 2,250 r.p.m. in 2018, which is the league average, his spin rate began rising by 300 r.p.m. is 2019, and rose still more last season. So did his effectiveness.

Funny.

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Law And Ethics Notes

/ Jack Marshall / 22 Comments

ethics and law

I’m desperately trying to meet a course materials deadline so my brain is stuck on law right now. Here are are few items of general interest:

1. As expected, the Supreme Court passed on the various cases involving the election, ruling them moot, which indeed they are. Thomas and Alito dissented, with Gorsuch joining with Alito, on the grounds that it would be prudent to take up the issues involved in those cases now, to avoid a repeat in the next election.

Justice Thomas wrote:

“The Constitution gives to each state legislature authority to determine the ‘Manner’ of federal elections,” Yet both before and after the 2020 election, nonlegislative officials in various States took it upon themselves to set the rules instead. As a result, we received an unusually high number of petitions and emergency applications contesting those changes.”

Thomas argued that the cases Republican Party of Pennsylvania v. Veronica DeGraffenreid (2021) and Jake Corman v. Pennsylvania Democratic Party (2021) presented “a clear example” of election law issues that the Supreme Court should settle, writing

“The Pennsylvania Legislature established an unambiguous deadline for receiving mail-in ballots: 8 p.m. on election day. Dissatisfied, the Pennsylvania Supreme Court extended that deadline by three days. That decision to rewrite the rules seems to have affected too few ballots to change the outcome of any federal election. But that may not be the case in the future. These cases provide us with an ideal opportunity to address just what authority nonlegislative officials have to set election rules, and to do so well before the next election cycle. The refusal to do so is inexplicable.”

Oh, I can explain it. The Court doesn’t want to inject a destabilizing element into what is already dangerously widespread suspicion about the election. An opinion that said, in essence, “This was illegal, and some illicit votes were allowed to count that shouldn’t, probably not enough to change the results, but at this point, who knows?” would not be helpful or wise.

2. If you think a lawyer looking like a cat at a hearing is bad, or appearing before a judge on Zoom in pajamas, or a professor being on mute for two hours while lecturing remotely, consider this: Peruvian defense lawyer Héctor Cipriano Paredes Robles was taking part in a virtual hearing when his video feed began to show him stripping naked, and engaging in enthusiastic sex with a naked woman.The judge, John Chahua Torres, tried to alert Robles that the hearing participants could see him and his partner’s multiple positions on the live feed, but the lawyer was, uh, busy.

“We are witnessing obscene acts which represent a violation of public decency and are aggravated by the fact they are being recorded nationally!” Judge Torres said.

Good point.

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Once Again, America’s Best-Known Scientist Demonstrates Why We Can’t Trust Scientists, Especially If They Are Progressive, Pandering, Political Correctness-Obsessed Jerks Who Apparently Get Their Information From Cartoons [Corrected]

/ Jack Marshall / 18 Comments

Not for the first time, astrophysicist Neil deGrasse Tyson, the anointed successor to the far more serious and reliable Carl Sagan, abused his reputation as the nation’s most-recognized scientist by grandstanding for the progressive mob, his allies and pals.

On Christmas Eve, he tweeted,

“Santa doesn’t know Zoology: Both male & female Reindeer grow antlers. But all male Reindeer lose their antlers in the late fall, well-before Christmas. So Santa’s reindeer, which all sport antlers, are therefore all female, which means Rudolf has been misgendered.“

One of the annoying things about Tyson is that he is a know-it-all, and like most know-it-alls, he doesn’t know as much as he thinks he does. When someone sporting the mantle of scientist is delving into the accuracy of the alleged features of Santa’s reindeer, he should be aware of the origin of the assertions he is debunking. Tyson obviously isn’t. Indeed, he is apparently illiterate.

The first mention of Santa’s reindeer is in the 1822 poem “A Visit from St. Nicholas,” better known today as “The Night Before Christmas.” He refers to “eight tiny reindeer.” Reindeer aren’t tiny, at least the reindeer we know about. If Santa’s reindeer are indeed tiny (in the poem they are pulling a “miniature sleigh”) , then they must be a species unknown to us and science, and thus the male members of the breed might retain their antlers. We have little information on this question. Scientists are supposed to investigate such things, not leap to conclusions. Tyson just assumed tiny reindeer are the same as the usual kind, or, more likely, he didn’t consider the issue at all. That’s sloppy, agenda-driven science, and malpractice by Tyson.

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Ethics Dunce, Rogue And Fool To Be Held Up As An Example Forever More: Dr. Anthony Fauci

/ Jack Marshall / 15 Comments

Fauci

From the New York Times:

“In the pandemic’s early days, Dr. Fauci tended to cite the same 60 to 70 percent estimate that most experts did. About a month ago, he began saying “70, 75 percent” in television interviews. And last week, in an interview with CNBC News, he said “75, 80, 85 percent” and “75 to 80-plus percent….In a telephone interview the next day, Dr. Fauci acknowledged that he had slowly but deliberately been moving the goal posts. He is doing so, he said, partly based on new science, and partly on his gut feeling that the country is finally ready to hear what he really thinks. Hard as it may be to hear, he said, he believes that it may take close to 90 percent immunity to bring the virus to a halt — almost as much as is needed to stop a measles outbreak.“

No, what is hard to hear, though at this point hardly a shock to anyone with a functioning brain, is that Fauci now admits he’s been lying….you know, “for our own good.”

Don’t heed the spin, the double-talk and the euphemisms: when someone tells you something other than what he or she knows to be true or believes to be true, that individual is deliberately attempting to deceive you by communicating what they believe to be untrue as true. That’s lying. No debate. No defense. That’s what it is, by definition. “I did it for your own good” is a rationalization.

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Comment Of The Day: Ethics Quiz: The French And Indian War Remains

/ Jack Marshall / 1 Comment

This Comment of the Day by reliably thoughtful commenter JP is exactly what I hoped this particular Ethics Quiz would inspire. Unlike some ethics quizzes, and reminding everyone that an issue isn’t presented as an ethics quiz unless I have doubts about the ethically correct answer, this one has me torn right down the center. The usual ethical systems for approaching a problem are at odds here, making it a true ethics conflict.

Here is JP’s Comment of the Day on the post, “Ethics Quiz: The French And Indian War Remains”:

I think the simple answer is that depends.

There any a lot of laws in the context of digging up graves that often vary between state and context. The United States pretty much has a statue of limitation on 100 years for excavation (not to be confused with common graverobbing). I imagine this is because it is far outside any claim a family member might have. Jack alaudid to the Native American Graves Protection and Repatriation Act which protects remains on federal or tribal lands. These rules were essentially created to protect the living. The purpose of their creation is what I believe is at the heart of understanding if the act is ethical or not. The first question I would ask: who does it hurt?

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Ethics Quiz: The French And Indian War Remains

/ Jack Marshall / 16 Comments

Fort Henry

Nearly 70 years ago, Fort William Henry, the fort overcome in 1757 battle portrayed in the film (and novel) “The Last of the Mohicans,” was reconstructed on the banks of Lake George in New York.

There, French forces led by General Louis-Joseph de Montcalm defeated the British, who were then, in many cases, slaughtered by the Indian tribe allies of the French as they attempted to retreat. Whether Magwa really ripped out the heart of the British commander, I do not know.

But I digress. Over the decades, the remains of many British combatants have been discovered in and around the site of the fort. Some of the remains have never been reburied, and were displayed for decades. Eventually the bones were studied by anthropologists, and yielded many details about colonial life in the era of the French and Indian War.

260 years after the fall of Fort William Henry, some of the bones are still at Arizona State University, where they are available for research. Other bone fragments unearthed by anthropologists in the 1990s and sent for study at the University of Waterloo in Canada were returned to the fort eight years ago, and lie in a box in a storage area. The company that owns the fort, known as the Fort William Henry Museum, says the bone fragments are being properly cared for, and that it is trying to balance the value of scientific research with respect for the remains of the dead.

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“My Cousin Vinny” Meets Zoom

/ Jack Marshall / 16 Comments

vinny

Once again I have to say “I don’t understand this story at all.“

If you recall “My Cousin Vinny,” as almost all lawyers do (and fondly), Joe Pesci’s fish-out-of-water defense lawyer annoyed imposing Southern judge Fred Gwynn by first appearing in court wearing a leather jacket, and then showing up in the suit above because it was the only one he could acquire at short notice.

At least he tried.

While Ethics Alarms has taken the unalterable position that when children are forced to attend school via Zoom, what may appear in their homes are not, in fact, “in school,” a lawyer who appears before a judge via Zoom is still, in fact, “in court” and before a judge. Why? Because the judge says so, that’s why. And as Vinnie soon learned, when a judge says “Jump!” the only responsible response is “How high, Your Honor?”

Perhaps a Delaware lawyer named Weisbrot has never seen the movie. He complained to Delaware Vice Chancellor Joseph R. Slights III i ex parte “that [the court] would not consider an application from him because he “was not wearing a tie.” The Vice Chancellor responded, “That is true, as the record reflects.” BUT…

What the record also reflects is that Mr. Weisbrot appeared in court for trial (via Zoom) on Tuesday in either a printed tee-shirt or pajamas (it was difficult to discern).

In other words, “It’s true you weren’t wearing a tie, but a greater problem is THAT YOU WERE WEARING FREAKING PAJAMAS!”

Mr. Wiesbrot responded by channeling his inner (and outer) Vinnie by, in his next appearance via Zoom before the same judge, in something less than the kind of attire he had to know the judge expected:

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