Friday Open Forum, “Hail, Hail, the Morons Are All Here!” Edition

Question: How does anyone who purports to support the Democratic Party not feel like an idiot these days? Observe:

Now, what Ramses witnessed in “The Ten Commandments”—burning hail…THAT might have been evidence of global warming…

This woman, arguably made stupid by progressive indoctrination and propaganda though she might have been born that way, is still arguably more astute than “The View’s” resident lawyer, Sunny Hostin, who claimed that earthquakes and eclipses were also evidence of climate change.

There’s a lot of crazy ethics stuff going on this week. Analyze it for us. Me, I’m going to bang my head against a wall for a while…

From The Ethics Alarms Archives: “One More Time, The Second Accuser Scenario, And Fairness For Justin Fairfax”

Yesterday, the horrifying news was that former Virginia Lt. Gov. Justin Fairfax, once considered a rising star in the Democratic Party (you know, like Jasmine Crockett and Eric Swalwell) whose career was derailed by sexual assault allegations, murdered his estranged wife and killed himself.

The knee-jerk defenders of Fairfax among Virginia Democrats were head-exploding in 2019, as this EA post from February of that year reminds us. I held at the time that two rape allegation from two different women was sufficient to mark Fairfax as untrustworthy and unfit for office considering the factors surrounding them. I would not have guessed that they portended a murder-suicide, but I must admit that Fairfax’s violent and tragic last act didn’t shock me either.

***

From the Washington Post today:

“A Maryland woman said Friday she was raped by Virginia Lt. Gov. Justin Fairfax (D) in a “premeditated and aggressive” assault in 2000, while they both were undergraduate students at Duke University. She is the second woman this week to make an accusation of sexual assault.

The woman, Meredith Watson, said Friday in a written statement through her attorney that she shared her account immediately after it happened with several classmates and friends. Watson did not speak publicly Friday and her lawyer did not make her available for an interview.

Watson was friends with Fairfax at Duke but they never dated or had any romantic relationship, the lawyer, Nancy Erika Smith, said.

“At this time, Ms. Watson is reluctantly coming forward out of a strong sense of civic duty and her belief that those seeking or serving in public office should be of the highest character,” Smith said in the statement . “She has no interest in becoming a media personality or reliving the trauma that has greatly affected her life. Similarly, she is not seeking any financial damages.”

Now what?

An unrelated accusation of conduct X does not mean that a previous unsubstantiated accusation of the same conduct is true. However…

  • In the case of habitual or characteristic misconduct—like being a sexual predator or a sexual harasser—the likelihood that there have been more, undisclosed episodes involving the individual accused is high.
  • Thus the absence of a credible second (or third, fourth, and onward) accuser in a matter like this is legitimate evidence arguing for the innocence of the accused. An example would be Clarence Thomas.
  • When subsequent allegations are substantially similar to the original accusation, they are especially damning. Bill Cosby is the poster case for this variation. Another exampole: Kevin Spacey.
  • When the second and additional allegations are suspiciously timed, as during an election or a political controversy, when they involve general misconduct only, lack named accusers or when they are sketchy in their facts and proof, they should be regarded with extreme skepticism. The add-on Kavanaugh accusations fit this description.
  • The fact that a court decision or an official investigation has not definitively determined that misconduct has taken place does not require individuals, groups and the public to discard commons sense, if they can eliminate bias from their decision-making. O.J. Simpson, it is fair to say,  is guilty of murder, and it is completely fair to regard him in that light. Barry Bonds used banned and illegal drugs to enhance his major league baseball career. Harvey Weinstein is a sexual predator who traded professional advancement for sex. We don’t need admissions here to come to informed decisions.

Now what does all of this mean for Justin Fairfax, next in line to be Governor of Virginia if Governor Northam decides, as an honorable public servant should, that he has made such an irredeemable ass of himself by his obfuscations, double-back flips, and tap-dancing around the question of whether he had a photo of himself in blackface in his yearbook that no Virginian in his or her right mind could possibly feel secure trusting such a boob to handle the affairs of the Commonwealth? What is fair? Continue reading

Confronting My Biases #28: Shannon Elizabeth

I know this particular bias is probably indefensible. I know how I’m supposed to feel. I just don’t. A little help here?

Remember Shannon Elizabeth? I’d place her in the same category as Andrea Dromm, Michelle Johnson and Pam Austin, three earlier sexy, attractive starlets who had brief moments of B-level film success before they were pushed into obscurity by younger Hollywood “It” girls. It’s a cruel business, and especially cruel for young women whose main assets are their assets and not the potential to play Medea.

Shannon Elizabeth gained 10 minutes of stardom playing the sex kitten in the raunchy hit “American Pie”: that was her peak. “America Pie II” is where that photo above comes from, and professionally it was all downhill after that…a few forgettable flops, a TV series that was cancelled in its first season, nothing since 2006. Her Wikipedia page describes her as an “activist,” a professional poker player, and an actress. Her major recent accomplishment seems to be being named “one of the leading celebrity poker players”20 years ago.

I find all this ineffably sad, but that’s not the topic today. It is this: at the age of 52, Shannon just filed for divorce and announced that she was opening an Only Fans account, where horny middle-aged men can pay to see her ta-tas, and presumably other things.

“I’ve spent my entire career working in Hollywood, where other people controlled the narrative and the outcome of my career. This new chapter is about changing that, showing off a more sexy side no one has seen, and being closer to my fans,” Elizabeth told PEOPLE . “I’m choosing OnlyFans because it allows me to connect directly with my audience, create on my own terms, and just be free. I really do think this is the future.”

Fans can subscribe to her page starting today. Let me translate what her statement says to me.

“I have never developed any special skills and have the intellectual life of a salmon. My career was based entirely on my looks, my marriage went to hell, and I couldn’t write a book or host a podcast on a bet. Yeah, I’ve got some money saved up, but I’m addicted to being looked at. I’ve slid all the way down the usual greased poll of fading B-level celebrity: reality shows, Dancing with the Stars, so now it’s come to this. I know forty and fifty year-old men will pay to see me naked because they liked ‘American Pie.’ At least that’s something.”

More Evidence of “Why We Can’t Have Nice Things”: The Wise Latina’s Fake Apology

I wrote about Justice Sotomayor’s unprofessional (but what should one expect?) slap at fellow Supreme Court Justice Bret Kanavaugh here. Not only was “The Wise Latina’s” attack based on an ad hominem attack rather than the, you know, law (but what should one expect?), it was a betrayal of her colleagues on the Court and one more appeal to divisiveness based on emotions.

Now the Justice has “apologized,” with this bare bones statement:

“At a recent appearance at the University of Kansas School of Law, I referred to a disagreement with one of my colleagues in a prior case, but I made remarks that were inappropriate. I regret my hurtful comments. I have apologized to my colleague.”

It’s a crummy apology at best. She does not explain why her personal attack, using the cheap “privilege” tactic (as in “People like you just never understand..”) was “inappropriate,” or expressing clear contrition, like saying, oh, for example, “I was wrong.”

On the Ethics Alarms Apology Scale, I rate this pro forma dodge as at best a #6 (1 is perfect, 11 is worst): “A forced or compelled [apology] when the individual…apologizing knows that an apology is appropriate but would have avoided making one if he or she could have gotten away with it.”

In other words, it’s the bare minimum apology that isn’t completely insincere. You know what happened; everyone does. Chief justice Roberts told her that her conduct was unacceptable and ordered her to apologize to Kavanaugh and possible the entire court.

Now THAT’S An Unethical Surgeon…

“He eventually removed Mr. Bryan’s liver, thinking it was his spleen. The Health Department noted in its report that, in addition to being on different sides of the abdomen, “spleens and livers are anatomically distinct, have different consistencies, and are different colors.”

This might ssem funny, except that the patient, 70-year-old William Bryan, died. You can’t live without a liver.

The surgeon, Dr. Thomas Shaknovsky, 44, has been indicted for second-degree murder. Good! This medical version of a scene in a Marx Brothers movie took place at Ascension Sacred Heart of the Emerald Coast Hospital in Miramar Beach, Florida in August 2024. I must say, I don’t understand the story at all.

Poor Mr. Bryan underwent diagnostic imaging at the hospital on August 18, 2024 that indicated his spleen might be enlarged. There was blood in the membrane lining Mr. Bryan’s abdomen, but no signs of hemorrhaging. Dr. Shaknovsky told the patient that he needed to have his spleen removed, a minimally invasive procedure with a recovery time of up to six weeks. The doctor neglected to tell his patient that he couldn’t tell a spleen from a liver.

Virginia’s Democrats Push More Viewpoint Censorship From The Left (Psst: That’s Unethical. Also Illegal.)

Gov. Abigail Spanberger of Virginia has signed into law a bill that ends tax exemptions for Confederacy-honoring organizations in the state.

Huh. Funny, I thought the Democratic Party was the one that was running on a platform of protecting civil right, like freedom of thought, association and speech from that eeeevil, fascist Republican king, Donald Trump. Did I get that mixed up somehow? I guess I did.

“The signing by Ms. Spanberger on Monday is the culmination of a years long Democrat-led push to shake off the state’s legacy as the capital of the 11 Southern, slaveholding states that seceded from the country in the 1860s,” sayeth the New York Times in a sympathetic news story [Gift Link]that again proves there is no Democratic Party initiative so indefensible that the Times won’t try to spin it into virtue.

Awww, is Virginia all sad because of its history, and trying to erase it so nobody remembers? Tough. History is history and facts are facts. It is totalitarians and the followers of Orwell’s Big Brother who try to alter the past to confuse the public. Virginia was at the very center of the Civil War. Its citizens and soldiers were courageously trying to defend their “country” as they understood it. Those alive today who see those patriots as worthy of praise, study and honor have a fully defensible position, and even if it weren’t defensible, it is as worthy of non-profit status as any other position.

On Baseball Players Flipping “The Finger” To Obnoxious Fans

No, Bill Maher isn’t a professional athlete, but that’s my favorite graphic of a celebrity middle finger. Besides, it reveals Bill’s essential ugliness.

Red Sox outfielder Jarren Duran talked about his 2022 suicide attempt in a Netflix docuseries about the Red Sox released last year. He received a lot of praise for his openness, which he said was intended to increase awareness among others struggling with depression and mental health issues.

But jerks reign supreme, especially in sporting event crowds. Last night, as the Sox played the Twins at Target Field in Minneapolis, a Twins fan sitting in field box seats shouted at Duran that he should kill himself after he grounded out in the fifth inning.

The player responded with the obscene middle finger gesture. “I shouldn’t react like that,” Duran said after the game. “That kind of stuff is still kind of triggering. It happens.“

Flipping off a fan during a game is typically an automatic suspension and fine. Should it be in this case?

Clearly, The Great Stupid Is Well and Thriving:

It’s come to this. An administrative law judge actually supported the bonkers Worker’s Compensation claim described below. Gee, I wonder what political party that judge belongs to…

Behold:

Eugene Volokh at Reason reports:

“From the N.Y. Workers’ Compensation Board in Buffalo Municipal Housing Authority, decided last week (opinion by Board Members Steven A. Crain, Renee L. Delgado, and Mark D. Higgins):

The claimant filed a C-3 (Employee Claim) on January 8, 2025, setting forth that she suffered an exacerbation of severe mental illness due to exposure of a racially insensitive wooden item in another staffer’s office on January 25, 2023….

At a hearing on March 7, 2025, the claimant testified that she was employed as a property manager on January 25, 2023 and was out of work at the time because in July 2021 there was a shooting at one of the units where a 3-year-old child was killed and she felt responsible for the death.

She stated that on January 25, 2023 she came to work and was sitting in the office, and she was told that a Mammy doll which depicts slavery was in the garage of the building where they worked. She indicated that the Mammy doll was not removed from the garage and she asked to go see it in the garage so she could remove it.

She stated that when she saw the doll she was overcome with emotions because it was so humiliating. She stated that she could not control her emotions and could not think clearly. She stated that the garage was the entryway to the building and was usually open and is often used as an entranceway from where an employee parks and comes into the building.

On cross-examination, the claimant testified that her office was not located in the garage which was used for storage and lockers for the maintenance people. She stated that her job was to inspect apartment units and serve as a liaison between the tenants and her employer. On redirect, the claimant testified that the Mammy doll at work indicated that her employer allows discrimination and hatred….”

[WordPress’s page-break feature has suddenly disappeared, but it was supposed to do here….]

“At the hearing on March 7, 2025, Tamara Van Wey, director of management, testified that she was told that the claimant saw a Mammy doll on January 25, 2023 in the garage and that it was leaning on the window of the garage. She stated that she did not see the Mammy doll herself so she does not know if there was other nicknacks on the windows of the garage….

The administrative law judge had “found that the claimant sustained an exacerbation of adjustment disorder and depression due to a work-related incident,” but the Board disagreed:

The SIF [State Insurance Fund] contends that the claimant has not demonstrated a work-related injury involving stress. The SIF argues that the claimant was exposed to a wooden mammy plaque in her employer’s garage. However, this level of offense does not rise to a compensable claim since the claimant should be expected to deal with minor stresses and offenses that a similarly situated person is expected to handle. The SIF also agues that the medical evidence is inconsistent in the claimant’s reporting of the incident….

In a claim for a psychological injury based on a diagnosis other than post-traumatic stress disorder, acute stress disorder, and/or major depressive disorder, there must be evidence to show that “‘the stress that caused the injury was greater than that which other similarly situated workers experienced in the normal work environment.'”

“It [i]s claimant’s burden to establish a causal relationship between his employment and his disability by competent medical evidence. To this end, a medical opinion on the issue of causation must signify ‘a probability as to the underlying cause’ of the claimant’s injury which is supported by a rational basis. ‘[M]ere surmise, or general expressions of possibility, are not enough to support a finding of causal relationship.'”

Here, we find that the claim is disallowed based on the insufficient evidence supporting causal relationship and the inconsistent reporting of the mechanism of injury by the claimant. While we agree that racist imagery does not belong in the workplace, and exposure to it can be the cause for anxiety, we do not find that the evidence supports causal relationship.

{The file contains a medical report from January 26, 2023, that noted that the claimant presented with increased anxiety, stress and depressed mood. It was also noted that the claimant reported that she recently saw a derogatory remark that was directed at her in a room at her place of employment. It was indicated that the claimant was very insulted and that she is depressed and anxious because of a very stressful work environment.

Dr. Campana, the claimant’s treating physician, evaluated the claimant on January 30, 2023, and the assessment was adjustment disorder with anxiety and depressed mood.

On March 24, 2023, Dr. Campana examined the claimant indicating that the claimant reported that she was targeted at work which exacerbated her anxiety.

In a notice of decision filed January 14, 2025, the WCLJ found prima facie medical evidence for an exacerbation of pre-existing mental health conditions of adjustment disorder with depression and anxiety per the January 26, 2023 of Dr. Campana.

Dr. Joseph, the carrier’s consultant, examined the claimant on February 28, 2025, and noted that the claimant reported that she was racially harassed at work to the point of being emotionally overwrought and had to leave her position. Upon evaluation, he diagnosed the claimant with adjustment disorder with anxiety and severe depression. He noted that the claimant’s psychiatric symptoms are causally related to her work environment which caused distress to the point where she was unable to work. He stated that the work environment certainly exacerbated her existing mental health.}

Most importantly, the claimant saw Dr. Campana the very next day after the alleged incident in question and there is no mention of any incident like the claimant is alleging. Further, the report of that examination notes anxiety going back an entire year before the alleged incident, which renders the claimant’s testimony not credible.

Further, the claimant offers no persuasive evidence of other racist treatment at work. It is apparent from the reports that Dr. Campana was not informed of any exposure of a Mammy doll, which the claimant now maintains is the basis of her stress.

Further, Dr. Joseph found causal relationship but what the claimant reported was also inconsistent as she reported that she was harassed and yelled at by her employer but made no reference to a Mammy Doll, which again contradicts her testimony. Therefore, like Dr. Campana, Dr. Joseph’s opinion on causal relationship is not persuasive as it is based on the claimant’s version of events, which lacks credibility. Based on the totality of the evidence, we find that the claim is disallowed due to the lack of persuasive evidence supporting causal relationship….”

Wow.

Ethics Villain and Fick Who I Fear Has Lots of Company: Christina Applegate

Christina Applegate is touring to promote her memoir, “You With the Sad Eyes,” hot off the presses. The “Married With Children” star writes about her illness, multiple sclerosis, and also the abortion she had when she was 19.

“In late April 1991, I fell pregnant,” she writes. “I want to turn away from what happened, but it’s all recorded in my diary. There are moments in my life that are too painful to force into narrative or meaning, so I’ll let my voice from back then speak.” And she does:

“I love this being… I always felt that if I ever got pregnant when I knew it was the wrong time, I wouldn’t have any problem having an abortion. ‘Oh, whatever. It isn’t even a baby yet.’ That’s bullshit. This creature’s incredible — makes me feel whole, safe…I’m fucking pregnant, and I’m killing my child on Thursday. I’m thinking, ‘Where the fuck can I go to recuperate from murder?’…His family will hate me when they find out that I killed their family member because they don’t believe in it. But I can’t have this baby because I have work to do to entertain this fucking world. Besides, I can’t… now.”

Then she says hello and good-bye to the unborn child she is going to, in her own words, murder:

“Hello, little thing. I feel you every moment of my day. Such a tiny existence. Such an immense effect you have. You are a miracle. A tiny handed miracle. I love you, but you know your fate. It’s not your time. I know you didn’t make that decision, but it can’t be your time. You will live on, though. You will live through another. I hope you will forgive me… But mommy can’t be with you right now. But know she loves you — more than any other miracle.”

More Trump Deranged Fake News From The Times..

I’ve decided that I’m going to keep posting these “Nah, there’s no mainstream media bias!” essays until one of the bias-deniers who hangs out in these parts finally screams, “All right! All right! We’ve been lying! Of course the mainstream media is actively trying to undermine the President, especially the Times!

This one is especially timely after a prominent member of the Association of Professional Responsibility Lawyers pleaded for support in arguing that Trump should be removed from office because he was mean to the Pope. The member also had the—something—to insist that this was not a partisan issue. I wrote, before refusing to read the many replies supporting the “non-partisan” who wants the 25th Amendment used…you know, like the Axis was claiming during Trump’s first term—to forcibly remove him from office,

“Oh for heaven’s sake. This is not a non-partisan issue, and anyone who thinks otherwise is deluded, dishonest or being paid by the Democrats. 
And it is not a proper topic for conversation here, not that this has stopped the majority Left-leaning political bias on this listserv from leaking out with regularity. Did anyone here ever breathe a bit of concern that the previous President was showing ominous signs of being unfit for office? I don’t recall any, but I’d take seriously their arguments on why this is a legitimate APRL concern now.  Anyone else is prohibited by what I call “ethics estoppel.”

But I digress. Here is yesterday’s headline on a large Times feature (Gift link):

Trump’s Erratic Behavior and Extreme Comments Revive Mental Health Debate

“As the president threatens to wipe out Iran and attacks the pope, even some former allies and advisers are questioning whether he has grown increasingly unbalanced, describing him as “lunatic” and “clearly insane.”

The second I read that, I thought, “Hmmm, I wonder if I can guess who the ‘former allies and advisers’ are. Let’s see if you can guess: I’ll give you 30 seconds..