The Biden Supreme Court Pick Ethics Train Wreck

Wow, that was fast. This episode has turned into an ethics train wreck with record speed. Some ethics train wrecks slow down and stop after a few months; other roll on seemingly forever. The Trayvon Martin-George Zimmerman Ethics Train Wreck, which has included directly-related wrecks like the Ferguson Ethics Train Wreck and the George Floyd Ethics Train Wreck, is almost nine years old, and won’t stop until Black Lives Matter lies a-moldering in the grave. The 2016 Presidential Election Ethics Train Wreck is still going strong, with the Jan. 6 riot and the subsequent kangaroo court investigation in the House the latest cars to be hooked up. The Biden Supreme Court Ethics Train Wreck? At this point, where it stops, nobody knows.

It began before it was even certain Biden would get a SCOTUS nomination, when he first promised to name a black woman to the Court. That promise, which he quickly confirmed once Justice Breyer announced his retirement, was unethical “on its face,” as the Court might say. The statement means, and can only mean, that group identification is the primary priority for the President of the United Sates in nominating a crucial individual who will help determine the course of the nation’s laws, justice system, constitutional integrity and culture for decades to come. That function has nothing whatsoever to do with race or gender. Nothing. Being black, white, Native American or Asian does not make an individual more or less qualified for the job, and neither does gender. Biden’s statement literally means that he is placing tribalism and group identification biases above the substantive needs of the nation. That’s unethical. Other Presidents have done this, notably Ronald Reagan and George H.W. Bush. That’s no mitigation.

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Comment Of The Day: Ethics Quiz: Celebrity Post Retirement Photos

Mermaidmary99 has a strange relationship with Ethics Alarms: about half of her comments get sent straight to spam by WordPress for no apparent reason. This is perplexing for her and me, since she so often has an original and perceptive opinion to share. This Comment of the Day is an example, and yes, I found it in the spam collection.

The Ethics Quiz asked readers, “Is it ethical to take unflattering photos of former performers and celebrities and publicize them expressly to invite cruel comments and ridicule?” It was sparked by two things: the emergence of the first photograph of former movie star Bridget Fonda, daughter of Peter, niece of Jane, grand-daughter of Henry, in twelve years. Last time the public saw her, Fonda looked more of less like she did in Quentin Tarentino’s “Jackie Brown,” above; the other was my wife’s complaint, after her recent stay in the hospital (a bad scare, but all is fine), that the nurses kept telling her she was beautiful (which she is) and she refuses to believe it, insisting that the years have not been kind. I thought the new photo of the considerably younger Mrs. Elfman would help her put things into perspective. (My wife’s answer: “I bet those nurses would tell her she’s beautiful too!”)

Here is mermaidmary99’s rescued Comment of the Day on the post, “Ethics Quiz: Celebrity Post Retirement Photos.”

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Who judges if it’s unflattering?

My dad would look at [the recent photo] and see a miraculous, beautiful human being with trillions of cells working in perfect intelligence allowing us to see her standing. He’s also would be keenly aware that he too is a miracle, a person with 10 to the 30th power of different viruses inside him, trillions of bacteria and fungi, and cells with 200-8000 mitochondria in each one, working non-stop. Continue reading →

Ethics Quiz: Celebrity Post-Retirement Photos

If the photo above was not already going viral, I wouldn’t print it here. Before the post continues, see if you can guess who that is above. No cheating now; this is an ethics blog… Continue reading →

“Equity Snowplowing” May Be On Its Way To Boston

This may represent The Great Stupid at its zenith. That’s good news, right? Maybe it can’t get any worse from here. Maybe this means the fever is about to break.

In my old home town (sort of) of Boston, Massachusetts, they were expecting about three feet of snow yesterday. Mayor Michelle Wu, a wildly left wing fanatic who became the celebrated first Asian-American female mayor of the city, thus embodying the Joe Biden Progressive Theory of Merit: race and gender is all you need to be qualified, has signaled that the eternal Boston snow problem might be solved because Tiffany Chu will be her new chief of staff.

Chu is an advocate of “equity snowplowing,” another terrible off-shoot of the court-driven concept of “disparate impact.” She explains her passion this way:

It’s about snow-clearing and if the concept of snow-clearing can be sexist and the answer is, yes, wholeheartedly! In 2012 a number of cities in Sweden adopted a gender-equal plowing strategy where, actually, first pedestrian cycle lanes were cleared, especially near schools and day-care centers and then later on major streets. What they discovered was that [the previous] societal practice actually disadvantaged women because they were the ones who were more likely to walk and travel with children while men who are predominantly working and commuting benefited from those major corridors being plowed first. There was actually a gender equity panel or committee in Sweden where they did some data analysis and discovered that 79% of the pedestrian injuries had occurred during winter. Of that 79%, 69% were women, two-thirds of which were individuals slipping on ice.”

Do I really have to comment on something this self-evidently idiotic and irresponsible? Sidney Wang (above) isn’t enough? Oh, all right…

Comments:

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Oh, Please, Tell Me Again About How The New York Times Isn’t Manipulating The News To Save The Democrats…

Today’s right column, above the fold headline in the New York Times: Economy in 2021 Surged by 5.7%, Best In Decades. All that was missing was the exclamation point. “The economic lift was largely provided by vaccination efforts, cheap credit conditions put in place by the Federal Reserve and a fresh round of federal aid to households and businesses,” the story deceitfully “explained.” Note that these are all positive factors that the Biden Administration can take credit for, or at least try.

Is the American public that stupid? The economy “surged’ in percentage terms because it was starting from a point of unprecedented ruin, substantially put in motion by Democrat-led shutdowns of the schools and much of the economy. Emphasizing the percentage increase is a deliberate tactic to mislead the mathematically challenged. One could trumpet a drug that “increases cognitive ability by 300%” if one doesn’t mention that its test subjects were suffering from closed head injuries. Many, many paragraphs into the story, we are told that the “economy has recovered almost 19 million of the 22 million jobs lost near the peak of virus-induced suspensions in activity in 2020.” Oh. So the “surge” still hasn’t brought the economy back to what it was after almost four years of the Trump administration policies—which the Times never praised, only slammed.

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How The News Media Deliberately Escalates Racial Discord…A Smoking Gun [Updated]

Nah, there’s no mainstream media bias!

This morning, Headline News devoted almost ten minutes to this earth-shattering event: in a basketball game a week ago between Laguna Hills High School and Portola High School, a single student in the stands shouted racial insults at Makai Brown, a black player for Portola, as he was shooting free throws. The HLN hostess announced the video of the section where the asshole student could be heard with a warning that I would expect for a decapitation video, or a geek eating live kittens.

“It is very disturbing,” she said. Yes, this spectator shouted “Who let him out of his cage? He’s a monkey!” and “Where is his slave owner? Chain him up! Who let him off the chains?” The student should have been forcibly shut up, or ejected. Would “High School Faculty Neglects To Eject Misbehaving Student from Gymnasium” normally rate national headlines?

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It’s Come To This: A Culture War Battle Over Minnie Mouse

Let me stipulate up front: this is a stupid controversy, but not that stupid. I don’t care about Minnie Mouse and never did, I don’t care what she, or it, wears, and I am certain that most of the conservatives now complaining over Minnie Mouse’s “new look”—which isn’t permanent, comes to us from France’s Disneyland, and would probably go unnoticed absent the Streisand Effect triggered by the complaints—care about Minnie either.

However, one of the ways that the extreme Left got such a dangerous foothold in this nation is through ingenious incrementalism…little, teeny-tiny moves to radicalize the culture and indoctrinate rising generations that sane people just shrugged off as not worth making a big deal about until it was too late. Or almost—we shall see.

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Now THAT’S Infrastructure! Of God And Bridges…

This is one of those times someone is bound to say, “There are no coincidences!” Today, President Biden was scheduled to come to Pittsburgh to talk about infrastructure. God, apparently in an Old Testament mood, decided to collapse a bridge in Pittsburgh, sending a bus and several cars into a ravine. In a New Testament mood, he chose that relatively sparsely used bridge, the Fern Hollow Bridge in the area of South Braddock and Forbes avenues, and let it go before 7 a.m., when the traffic was light. But the point was made, or should have been. Whether Joe will get that point, whether the public will wake up to it, and whether the news media will try to paper it over, is too early to tell.

Biden’s (barely) bipartisan infrastructure bill this was passed November with a price tag of $1.2 trillion dollars, more than the GDP of Mexico. Nonetheless, that’s still less than a study I oversaw in the 1980s for the U.S. Chamber of Congress calculated was needed then to address our massive infrastructure rot. So one would think, wouldn’t one?, that the bill that finally was passed would at least direct all of its money to the infrastructure—you know, roads, bridges, airports, mass transit, pipelines, the power grid, waterways, railways, sewage systems, that kind of stuff. It would still be inadequate, but it would be a start. But much of the Democratic base is being deluded into thinking that infrastructure spending is really social spending, or should be. Thus MSNBC’s Joy Reid called the bill a “white guy employment act.”

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Ethics Respite, 1/27/2022: The “Boy Do I Hate Emergency Rooms!” Edition

On the other hand, I love having a fire department half-a-block away…

I did finally work out that the spelling of February isn’t unethical, as I had long concluded. I thought the month’s name had been intentionally spelled in such a way to either guarantee that it would be mispronounced, or, as in my case, never spelled correctly on the first try. The Romans called it Februarius, from Februare, “to purify,” and februum , a means of purification or an instrument used to purify. Apparently there was a mid-month freak-out festival, Lupercalia, that was supposed to purify the rest of the year. For a while, around 1200 A.D., maybe because it was so hard to pronounce those two r’s so close together, the month was called Feverer or Feverell from the Old French Feverier. But the Latin made a comeback, damn it.

Having the month contain an extra day every four years, however, is unethical.

1. Legal, not unethical under the legal ethics rules, but still unethical, and also stupid….Texas Attorney General Ken Paxton wants his office to prosecute election law violations, but unfortunately,The Texas Court of Criminal Appeals has held that only local DAs can prosecute such offenses also under the Texas Constitution. It’s a pretty basic separation of powers issue. Paxton filed a motion to reconsider what was an adverse 8-1 ruling, and the motion is still pending. Paxton has also urged the public via conservative media outlets to contact the 8 members to pressure them to reverse their opinion. Many have done so by phone and email, with some threats included, of course. The Texas Justices are elected.

There is a rule that prohibits public comments having substantial potential to prejudice court proceedings, and the standard rule prohibiting ex parte communications directly or by third parties. Naturally, some Democratic-tilting law professors are telling the media that Paxton siccing the public on the court is a professional ethics violation. But it is not.

The tactic doesn’t speak well for Paxton, and is one more reason not to have elected judges. I also object to public figures miseducating the already ignorant public into thinking of judges as just another kind of legislator. (See the Comment of the Day.) However, the First Amendment is a complete defense, except for the threats, of course, if they are “true” threats.

There’s no law requiring free speech to be used responsibly.

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Comment Of The Day: “Observations On Justice Breyer’s Retirement”

Michael West’s rueful Comment of the Day relating Justice Breyer’s eagerly awaited (by Democrats) retirement to the deterioration of the balance of powers intended by the Founders presents a useful perspective. My only cavil is his introduction.

I think it is unfair to assume that Breyer retired to ensure that a Democrat President would choose his successor. Maybe he did, but nothing Breyer has said in his years as a Justice would be consistent with that thesis. Breyer, unlike Ruth Bader Ginsberg, has never been overtly political, and has objected to accusations that his colleagues on the Court were driven by partisan agendas. If we take him at his word, it would be extremely out of character to quit so Joe Biden could apppoint a replacement based on an ideological check list filtered through the non-merit restrictions of race and gender.  Of course, all of this is really just a bad sign for the dignity of SCOTUS and the strength of the divided government. “The only ethical reason for any Justice to retire is because it’s time to retire,” Michael begins. Well, at 83, it’s always past time to retire. I think Justice Breyer has earned the benefit of the doubt.

Now here’s Michale West’s Comment of the Day on the post, “Observations On Justice Breyer’s Retirement”:

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The only ethical reason for any Justice to retire is because it’s time to retire. But we all know Breyer is making a strategic retirement to permit a Democrat president to appoint and a Democrat Senate to approve a Progressive to the bench. This is a clear indication of the intentional politicization of the Court – which is was never meant to be.

This is all because of the ever increasing ability of Executive Branch and now the Judicial Branch to basically become alternative legislatures to Congress which has largely surrendered most of it’s power since the technocratic growth of the bureaucracy from FDR’s time. Continue reading →