By Now, No Lawyer Should Be Excused For Making This Blunder

Yesterday, Judge Kelly Rankin of the District of Wyoming issued an order to show cause in Wadsworth v. Walmart Inc. He noted that in a motion to the court, the plaintiffs counsel had cited nine cases:

1. Wyoming v. U.S. Department of Energy, 2006 WL 3801910 (D. Wyo. 2006);

2. Holland v. Keller, 2018 WL 2446162 (D. Wyo. 2018);

3. United States v. Hargrove, 2019 WL 2516279 (D. Wyo. 2019);

4. Meyer v. City of Cheyenne, 2017 WL 3461055 (D. Wyo. 2017);

5. U.S. v. Caraway, 534 F.3d 1290 (10th Cir. 2008);

6. Benson v. State of Wyoming, 2010 WL 4683851 (D. Wyo. 2010);

7. Smith v. United States, 2011 WL 2160468 (D. Wyo. 2011);

8. Woods v. BNSF Railway Co., 2016 WL 165971 (D. Wyo. 2016); and

9. Fitzgerald v. City of New York, 2018 WL 3037217 (S.D.N.Y. 2018).

The judge then stated that none of the cases exist except United States v. Caraway. The others were figments of ChatGPT’s vivid imagination.

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Guest Post: Debates We MUST Have As A Modern Culture

By Steve Witherspoon

[From your host: I’m thrilled that my request for guest ethics commentary on the current upheaval in Washington attracted an entry so quickly, and especially pleased that it arrived from Steve Witherspoon, who has contributed so much here over the years but who has been unjustly neglected in my Comments of the Day choices.]

I consider myself to be a consummate observer. I listen and observe the world around me and openly question why some people make certain choices that seem to me to be completely devoid of critical thinking and logic, delve into how choices can affect their lives and society around them, and how those choices can either damage or support our culture as a whole.

I devoted the theme of my blog (Society’s Building Blocks: Social Commentary Blog – Critically Thinking About Things That Change Our Society) to just such a perspective even though it appears that there’s almost no interest, but I’ll trudge on.

I chose “Debates We MUST Have As A Modern Culture” as the title because in a culture that has freedom of speech as a core foundation, without continuing open, reasonably civil debate regarding things that have changed and are changing in our culture, we tend to flail around with absurd anti-American culture ideals that are dominated by the completely closed minds of freedom suppressing totalitarians. We are then afflicted with cancel culture, speech suppression, and Diversity Equity & Inclusion (DEI), as well as willful rationalizations for open politically motivated Lawfare.

Let’s face it: when reasonably civil debates are tossed aside as a quaint ideal and people withdraw into their tunnel-visioned cultish cliques, bigotry ensues. Unchallenged, absurd groupthink takes hold and people become so gullible that they’ll believe just about anything they’re told that supports their bias without any critical thinking. They become ideologically-consumed parrots. This isolationist cultish groupthink has the power to completely destroy our culture, and that may be the goal of some of these cultish anti-Americans.

The United States of America is rapidly approaching 250 years old and there have been some turning points in our history that have redefined us and shifted our culture in very good and thoughtful ways. I personally believe that we are at another turning point and we are going to go through another cultural shift; I just don’t know how much of a shift we are going to see. What I do know is that this cultural shift needs to be based on thoughtful and well debated choices that are guided by our Constitution, general law and order, and how we want to present our country to the rest of the world. We need to honor our core foundations as we look to the future.

Let’s bring a little more focus and briefly list some of the current hot political topics that we must openly debate instead of simply tossing them aside as being unconstitutional, racist, genocide, apocalyptic, etc. Immigration law, law enforcement, self protection, firearms, birthright citizenship, when does individual human life begin thus giving that individual constitutional rights, protecting the environment, government overspending, and illegal drugs are just some of these.

We cannot continue to do things in the same way we’ve been doing them if we want any kind of real change.

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A “Ripley” For These Morons, A Life Competence Fail Defying Belief…

23-year-old Ashton Jonathan Mann was arrested on one count of second-degree felony manslaughter and one third-degree felony charge related to firearms for for shooting his friend dead n the early hours of February 2nd. You see, Mann’s friend had boasted that he could dodge bullets. So Mann got a a gun, and with his friend’s assent, decided to test his claim. They thought they had unloaded it—see, the idea was that the guy who could dodge bullets would move before the trigger was pulled. But they missed one bullet that was still in the chamber.

It turned out that he couldn’t dodge a bullet after all. Told ya!

First responders were called to a home in Kearns, Utah to find a young man with a gunshot wound to the chest lying on the floor. He was pronounced dead at the hospital. The shooter waived his Miranda rights and told police that they decided to embark on this experiments after smoking pot for about eight hours. Marijuana is, of course, completely harmless and a benign recreational drug. For example, it facilitates the recreational activity, “Dodge that Bullet!”

As you know, everything remind me of something, and this story reminded me of the strange death of novelist William Burroughs’ wife.

Post 2024 Election Freak-Out Update…

In brief: I just have a couple of minutes…

1. The “Elon Musk wasn’t elected” might be the stupidest rallying cry any party in U.S. political history has ever anchored itself to. I just heard Rep. Maxine Waters, whose corruption and dishonesty know no bounds, shouting about that. Do these people really not understand how their own government works? Are the Democrats trying to win the title of “The Stupid Party” from the GOP? One conservative pundit said he had a three letter rebuttal to the “Elon wasn’t elected” complaint: “EPA.” Or USAID. Or FBI. Is this really the best the Axis has right now? Wow. Also “Good.” Also..

2. Over on Facebook, somebody actually posted this and dozens of once- functioning human beings “liked” it: “Dismantling the government is the first step to fascism and totalitarianism.” There’s a two word rebuttal for this too: “Thomas Jefferson.”

Morons.

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Hilarious Unethical Quote Of the Month And Maybe 2025 (It’s Too Soon To Tell…)

“Nobody Elected Elon!”

—The slogan of the hysterical protest outside the Treasury building today, an unusually stupid demonstration even by stupid demonstration standards. Every speaker there—Chuck Schumer, Elizabeth Warren, the outrageous Jasmine Crockett and others—gets “credit” for the slogan whether they actually said those exact words or not.

The experiment Democrats seem to be engaged in is apparently designed to determine just how ignorant, gullible and stupid the American public is. If they are not as stupid as the Democrats hope, they just might see this demonstration and the mass freakout over President Trump really doing what he promised to do and doing it faster than anybody expected as the ultimate proof of his opposition’s weakness and desperation.

No, Musk wasn’t elected. Neither were powerful Presidential aides, advisors, envoys, assistants, “czars,” First Ladies and other delegates, representatives and agents of Presidents of the United States going all the way back to George Washington. Listing them would be a silly and time consuming exercise, but such a list would include Abigail Adams, Eleanor Roosevelt, Hillary Clinton, Nancy Reagan, Sherman Adams, Colonel House, John Hay, FDR’s “Brain Trust,” Ed Meese, Ted Sorenson, Roger Ailes, Rahm Emanuel and many others. None of them were elected, of course; neither are the Justices on the Supreme Court. We’ve had two Presidents who weren’t elected, George Washington and Gerald Ford. Since the Vice-President has only two Constitutional duties, to preside over the Senate and to be ready to take over when a President is disabled or dies, delegating policy areas to a VP is giving him jobs he or she wasn’t elected to do. It is pretty clear by now that Joe Biden was being manipulated by unelected persons unknown for four years.

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“Nothing Is Broken”? Seriously?

In a post dripping with contempt and sarcasm, eminent and (of topics other than Donald Trump) astute defense lawyer-blogger Scott Greenfield writes, “It’s Trump’s White House now. But rather than fix what’s “broken” (nothing is broken), just say “screw it” and ask Elon for a list of the wayward youth doing his bidding. Who are they? Who knows? Who cares? Elon says they’re his people and Elon’s rich, so he can’t be wrong.” In a nice coincidence, another mainstream media hit job on Musk in the New York Times, a report aimed at discrediting Musk, DOGE, and of course Trump, we learn that the “federal deficit for 2024 was $1.8 trillion. The Government Accountability Office estimated in a report that the government made $236 billion in improper payments — three-quarters of which were overpayments — across 71 federal programs during the 2023 fiscal year.”

That astounding statistic is employed, 43 paragraphs into the article, to argue that DOGE concentrating on waste, fraud and abuse is silly, because $236 billion is just a drop in the bucket. (“A billion here, a billion there, and pretty soon you’re talking real money,” said legendary GOP Senator Everett Dirkson.) A better illustration of why DOGE is necessary could hardly be imagined. The system is completely broken when the government wastes money like that and it is shrugged off by statist allies like the Times. . In such situations a scythe, not a scalpel, is the tool to use. The controversy over USAID is in the same category. The agency has been unaccountable, profligate and idiotic. It spent $15 million to distribute ‘contraceptives and condoms’ in Afghanistan. USAID food support went to syrian Al-Qaeda. Heck, USAID sent me to Mongolia for a week to assist the judiciary in drawing up legal ethics rules, and when I got there, I found out that they “weren’t ready.” It’s an Executive Branch agency that serves as a spigot for funds to go overseas with little or no oversight.

In a New York Post report that defends Musk’s mission while revealing more revolting uses of taxpayer money abroad, the DOGE head is quoted as saying about USAID, “It became apparent that it’s not an apple with a worm. What we have is just a ball of worms. You’ve got to basically get rid of the whole thing. It’s beyond repair.”

Nothing is broken? Right. USAID is broken, the U.S. government bureaucracy, and the journalism that is supposed to let citizens know when their government is corrupt and wasting their money is broken. And the once perceptive experts, pundits and analysts who have allowed Trump Derangement to break their perspective, objectivity and critical thinking skills are now just part of the problem.

Unethical TV Commercial In Oh So Many Ways: 2024 Hyundai Tuscon SEL

Here’s now sinister this ad is: I must have watched it six or seven times before I thought, “Hey…wait a minute!”

The male “bad date” in the ad is so disgusting a viewer is half-hoping the woman pulls out a .44 and shoots him right between the eyes. This is masterful manipulation at work…he begins with an insult framed as blame causing him disappointment: “You’re too short.” Asshole. Then he reveals his narcicissm and boastfulness, showing the selfie “by the dumbbells.” Giant asshole! Next the air-drumming comment…UNBELIEVABLE asshole! When he gets to the bit about forgetting his wallet and “Sugarmamma,” the viewer is seeing red, and feeling that the victim of this toxic creep is being noble by just sneaking out rather than setting him on fire.

But she isn’t. She’s being an asshole too, just a slightly better one. Leaving the table on false pretenses to escape is cowardly and indefensible. Moreover, someone who misbehaves as outrageously as the “bad date” needs to be told just clearly how unacceptable his conduct is and why, since he obviously doesn’t know. His next victim will at least partially be the runaway date’s fault.

The commercial also showed an anti-female bias by making the bad date a male and his victim female. A genders switched version would inspire at least a substantial reaction from viewers of “What a weenie! The jerk doesn’t have the guts to confront that jerk!” But teh woman in the ad is also a weenie—it’s just that the Hyundai marketers are calculating that running away from confrontations and unpleasant situations is a girl thing, and socially acceptable.

No, it really isn’t. This is not only a stereotype, it’s a damaging one. Why haven’t we elected a female President yet? Accumulated cultural poison like this commercial is one of the reasons.

Incidentally, I hope that actor who plays the asshole was well paid for his performance, because he may end up dying single and alone as a result.

Addendum to “Comment of the Day: Chris Marschner (From the Thread of the Week)”

I was pondering whether to post about another entry at “The Ethicist” which may have been prompted by the weirdest question Prof Appiah has chosen to answer yet. I would have been tempted to answer it, “Yikes! This isn’t a question for an ethicist, it’s a question for a psychiatrist!” but in light of the lively discussion about marriage as an institution flagged by the previous post, maybe the commentariate will have a more constructive response. “The Ethicist’s” typically prolix answer is here.

The question from Name Withheld, a horny post-menopausal wife, headlined, “I’m Happily Married. I Just Want to Sleep With Another Man Before I Die”:

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Comment of the Day: Chris Marschner (From the Thread of the Week)

The discussion about the institution of marriage on last Friday’s Open Forum was so excellent—EA at its best—that it seems unfair to highlight a single entry in it above the rest. It began with Bad Bob’s observations about his daughter asserting that marriage was outdated and unnecessary in our wise and modern age. (I mostly avoided this debate, hard as it was for me when the sudden loss of a marriage dominated my life in 2024 and so far this year as well).

What followed was a fascinating discourse among BB, Michael West, Ryan Harkins (this topic is in his wheelhouse), Humble Talent, Old Bill and Demeter, but it was Chris Marschner’s contribution, in response to Humble Talent’s comment, that I have chosen to represent the thread. (Bad Bob nominated it for COTD in an email to me, and as the initiator of the discussion, his pointer carried weight.)

The Humble Talent comment that was predicate to the Comment of the Day (he begins with a quote from Bad Bob’s initial comment regarding his daughter’s argument):

BAD BOB: “I think that’s wrong on it’s face, but if society were to embrace that sort of thing, wouldn’t we have to do away with a few ethical concepts? Loyalty comes to mind, the Golden rule, and I’m sure quite a few others would need definitions changed?”

None of the above. I had the benefit, at 18, of being put in charge of a staff that included a 60 year old grandmother. Gina was weird; proudly Christian, and professionally raided in Guild Wars…. Which isn’t per se a contradiction in terms, but was kind of unique. I loved our conversations.

One of which I remember talking to her about how people, even back then, had sex before marriage, and how she didn’t understand how any relationship could have trust unless two virgins found themselves for the first time.

The answer, to me, was obvious: Why wouldn’t you trust them? Where’s the lie? Now… She was thoughtful enough to lean back and have a think on that, because that’s who she was, and didn’t necessarily like it, or agree with it, but she accepted the truth of it: There’s no betrayal if there’s no lie.

There are cultural differences in play here, and realities that people your age grew up with are fundamentally different now, and it’s hard to wrap your head around them.

Religious beliefs, at least pre-Lutheran, tended to evolve over time to fit the realities of life: At the times the food prohibitions were active, those foods were almost as likely to make you ill as to nourish you, and by the time Jesus told the masses they could suck back pork and shellfish without sin, sanitation improvements had made those foods relatively safe.

We aren’t living in times where humanity or the faith teeters on the brink of extinction from external existential threats. It’s not important, and in fact, it’s probably not great, for the average family to have ten kids anymore. Sex doesn’t carry the risk of pregnancy that it used to. Sexual disease is significantly less common and much more preventable and treatable. I honestly wonder if, had condoms and penicillin been discovered before the printing press, whether the teachings of Jesus wouldn’t have broadly laxed the sex laws.

Here is Chris Marschner’s response:

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Addendum (2) To “Groundhog Day Ethics Update: Post-Election Freak-Out and More!” [Item #7]

Shortly after the news that gun-obsessed ideologue David Hogg had been elected one of the Vice-Chairs of the Democratic National Committee (Item #7 in this post), a Hogg tweet from 2022 was rediscovered:

What is he, 14? This is the kind of mature, nation-building, rational leadership Democrats are turning to in their dark night of the soul. To call those sentiments infantile, self-centered, irresponsible and incompetent would be an understatement. What does one call a political party that looks at that and concludes, “Hey! This guy is just what we need!”?

The Democrats, I guess. Wow.

Asked by Jake Tapper this morning why his crumbling party is so unpopular, Virginia Senator Tim Kaine, who was one of the Democrats who made his party look sick and vicious during the confirmation hearing for Pete Hegseth, defaulted to “It’s the economy, stupid!”

No, Senator: It’s the terrible ideas, incompetent management and repellent personalities, stupid. Like David Hogg.