Ethics Pre-Daylight Losing Time Fallback, 11/6/202: So?…Go!…Oops! And More

Fall back

At this point in U.S. history, there is no justification whatsoever for not having daylight savings time year-round. The failure of Congress to kill Ben Franklin’s anachronistic brainstorm is pure cowardice and incompetence.

1. So? The NRA Foundation has twice paid attorney David Kopel, a Second Amendment activist, to write pro-gun rights amicus briefs in Supreme Court cases, according to a hacked document released last week. Since 2019, Kopel has submitted two briefs backing an NRA affiliate in cases before the court, including one involving New York’s ban on carrying licensed guns in public. The briefs did not disclose the source of funding, which is being condemned as unethical by the news media and the usual NRA bashers. “Attorneys who author these briefs must disclose whether they’ve taken money from either side to deliver a filing,” one source says.

Well, first of all, an amicus brief succeeds or fails based on its arguments, and who writes it or funds it should be irrelevant. This would be, at worst, a technical violation. However, the applicable rule in the SCOTUS amicus brief memo does not support the description above. “Rule 37.6 Disclosures” states,

“The first footnote on the first page of text of an amicus brief must include certain disclosures concerning contributions to the brief….It should indicate whether counsel for a party authored the brief in whole or in part and whether such counsel or a party made a monetary contribution intended to fund the preparation or submission of the brief. It should also identify every person other than the amicus, its members or counsel, who made such a monetary contribution; the Clerk’s Office views it as better practice to state explicitly that no such contributions were made if this is in fact true.”

This is astoundingly sloppy drafting, especially for the Supreme Court. “Must” and “should” are terms of art. “Must,” like “shall,” means some action is mandatory; “should” means that something is best practice, but not absolutely required. When two “shoulds” follow a “must,” it is impossible to determine what’s mandatory and what isn’t.

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On Climate Change Fearmongering

As the United Nations COP26 climate summit among of world leaders proceeded, China continued to pledge coal-reducing actions that it has no apparent intention of actually doing, Joe Biden’s Energy Secretary laughed at the idea that the administration would even try to lower gas prices, and both the mainstream media and Big Tech moved closer to censoring anyone who dared to question climate change chic. Climate change hustlers and doomsayers were, as usual, predicting disaster. We are “quite literally” in the “last chance saloon,” said Prince Charles, though why anyone would pay attention to him is a fascinating question. Even Justin Welby, the Archbishop of Canterbury, condemned leaders for not addressing climate change by accusing them of “a genocide on an infinitely greater scale.” Greta Thunberg accused politicians of not taking “our future seriously.”

Here, climate wackos confronted Sen. Joe Manchin as he stepped off his yacht with cries of “We want to live!” because Manchin has blocked pointless and expensive anti-climate change measures in the trillion dollar infrastructure bill. “Business as usual” will lead to a catastrophic collapse of Himalayan glaciers; and devastating heatwaves in the southern United States, sayeth the New York Times.

Facts Don’t Matter in the Age of The Great Stupid. I’m betting neither the idiots who harassed Manchin, nor “Green New Deal” guru Rep. Ocasio-Cortez, Al Gore, Greta Thunberg or Nancy Pelosi know that the extreme and apocalyptic predictions they are relying on is the IPCC’s RCP 8.5 scenario often described as “business as usual.” “Business as usual” in that scenario literally means no action by any nations whatsoever, so it is already useless—except to cause alarm and panic among those foolish enough to trust the hysterics.

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The Censors, Woke Dictators And Mind-Control Activists Are Like Cockroaches. How Can Society Protect Itself From Them?

I don’t know why this particular op-ed brought the headline above vividly into my mind; it would easily have been dozens of other episodes. But as I was reading the standard issue, progressive censor essay in the Times by Jennifer Finlay Boylan (not to be confused with the Boylan who first accused Andrew Cuomo of sexual harassment), my mind flashed back to turning on the lights late at night in the kitchen of an Arlington, VA. house I was renting with four law school classmates in my first year at Georgetown. There were more than a hundred roaches in that room, all over the counters and floor, and they scattered and vanished in seconds. We had seen perhaps one roach in our first weeks in the house. The sight made me physically ill. How did the owners allow such an infestation to happen?

Boylan is a left-wing ideologue who has been outed here before. She’s an English professor at Barnard who periodically spreads her bad ideas in the Times op-ed pages after injecting the poison into the brains of her trusting students. The essay in question was titled, “Can We Separate the Art From the Artist?,” and in it she raises, gingerly, seductively, the question of whether works of art should be torn down like Thomas Jefferson statues if the artists who created them behaved or thought in ways that the progressive thought police found offensive.

Boylan writes,

The past several years have seen a reassessment of our country’s many mythologies — from the legends of the generals of the Confederacy to the historical glossing over of slaveholding founding fathers. But as we take another look at the sins of our historical figures, we’ve also had to take a hard look at our more immediate past and present, including the behavior of the creators of pop culture. That reassessment extends now to the people who wrote some of our best-loved songs. But what to do with the art left behind? Can I still love their music if I’m appalled by various events in the lives of Johnny Cash or Elvis or Jerry Lee Lewis? Or by Eric Clapton’s racist rants and anti-vaccination activism?

Of course, there is no easy answer here.

Of course there damn well is; Boylan and her censoring, culture-strangling fellow bullies just refuse to acknowledge it. The ideas, innovations and artistic creations that have advanced society, human knowledge and inspiration remains exactly as valuable and deserving of honor, circulation and, often, immortality regardless of the personal transgressions of the thinkers and creators. Frankly, I’m sick of writing about this topic and even got bored wading through my own posts about it. Here: in this one about Disney World denying the worth of Bill Cosby’s contributions to humor and entertainment because he is a rapist, I begged,

Stop airbrushing your history, your heroes, your geniuses and your trailblazers, America. It is wrong—dishonest, incompetent, unfair, irresponsible, destructive….and so, so short-sighted and stupid.

It is particularly destructive in the field of popular music, because musicians, like comedians, are typically maladjusted social misfits who are too often unfit for civilized society when they aren’t doing what they are best at. Boylan’s totalitarian reasoning leads directly to bad art by politically-approved artists supplanting transcendent art by creeps. And people like her really and truly believe that’s the better choice. Continue reading →

Wait, WHAT? Joe Biden’s Daughter Wrote That Her Father Showered With Her?

Ew.

But more importantly, since this information was published on line more than a year ago, why are we only hearing about it now?

Let’s back up, shall we? The matter came to the media’s attention after Federal agents in New York raided two homes, one in New York City and one in suburban Westchester County, targeting members of Project Veritas, James O’Keefe’s shady guerilla journalism group. The investigation is being handled by FBI agents and federal prosecutors in Manhattan who work on public corruption matters, and relates to the theft of Ashley Biden’s diary in 2020. Project Veritas did not publish her diary, but dozens of handwritten pages from it were posted on the National File on Oct. 24, 2020, a little more than a week before the Presidential election.

I never heard about this, did you? The mainstream media embargoed the story—they were already occupied trying to make sure the public thought Hunter Biden’s laptop revelations were “Russian disinformation,” and even conservative media ducked diary and its revelations. Entries in the diary include Biden’s daughter writing that she believes she was sexually molested as a child; that she shared “probably not appropriate” showers with her father, [Probably???], her struggle with drug abuse and her troubled marriage and multiple affairs, plus entries showing the Biden family’s fears of scandals involving her brother and others that show a deep resentment for her father. 

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And It Begins: The Mainstream Media’s First Glenn Youngkin “Gotcha!”

gotcha 2

Even by past standards of desperate and contrived media smearing of Republicans, this is truly lame.

This story was being treated as a genuine scoop today. Here’s the Washington Post version:

‘The 17-year-old son of Virginia Gov.-elect Glenn Youngkin (R) tried to cast a ballot in Tuesday’s gubernatorial election twice despite being too young to vote, Fairfax County officials said in a statement released Friday…The teen walked into the voting precinct inside the Great Falls Library on Tuesday afternoon, presenting his driver’s license to election officials when asked for a proof of identity, according to Jennifer Chanty, the precinct captain there. Upon seeing his age, she said she informed him that he must be at least 18 to be eligible to vote in Virginia. Under Virginia’s election laws, the only time 17-year-olds can vote is in a primary election if they’ll be 18 by the time of the general election. She said she offered to register him to vote for the next election, but the teen declined and walked out. About 20 minutes later, the teen returned, insisting that he be allowed to vote, saying that a friend who was also 17 had been allowed to cast a ballot, Chanty said. “I told him, ‘I don’t know what occurred with your friend, but you are not registered to vote today. You’re welcome to register, but you will not be voting today.’ ”

You’re up, Marlon!

Chanty’s a Democrat. Surprised?

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My Neighbor Indicates That He Embraces The Golden Rule. I’m Keeping My Fingers Crossed…

Spuds head small

Spuds is keeping his toes crossed.

After sunset, four neighbors with puppies of varying ages and sizes have been gathering in the field near my house to let the adorable little dears run free. They are all inordinately fond of Spuds, who isn’t a puppy but acts like one, and I often let him run around and wrestle with the younger dogs on his leash. (Spuds is a constant risk to gallop off to meet any child, dog or human who appears in the distance, so I let him run free rarely.) This week, two of the puppies ran up to greet him as I tried to sneak past the pack on our evening walk, and after Spuds started crying pitifully, I gave in and allowed him to join the group.

It was cold and dark, and the likelihood of anyone tempting Spuds by showing up on the horizon was minimal, so I relented and let him run with his pals, off the leash. They were a sight to see, tearing around the field. One puppy, a hound named Vinnie, was a particularly lively instigator: earlier, while eluding a puppy he had incited, Vinnie ran full speed into my knee, causing him (not me) to yelp. You have to be wary when a pack of pups is having fun.

Suddenly I saw that Vinnie was coming at us again at mach speed, with Spuds galloping right behind. They veered a bit away from me and at one of the owners of the lively Belgian Shepherd puppy. I shouted to her, “Watch out!” but in vain: she stepped aside to avoid Vinnie, but right into Spuds. He tried to avoid her, but his 70 pound-pus body slammed into her leg, and she went down writhing in pain. We had to call the EMT’s to get her off the field and to a hospital.

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Joke And Jury Ethics At The Kyle Rittenhouse Trial

chicken_ft-scaled

Weird, man.

In Kenosha, Wissonsin, where Kyle Rittenhouse is standing trial for murder after he shot and killed two protesters during the riots following the shooting of Jacob Blake, an alternate juror was dismissed for making a joke. The juror, a retired white man, said to a court police officer as the officer escorted him to his car, “Why did the Kenosha police shoot Jacob Blake seven times? Because they ran out of bullets!”

HAR! That’s being called a bad joke in the news media: actually, it’s a classic formula joke in the tradition of “Why does a fireman wear red suspenders?,” “Why did the chicken cross the road”? and “How do you know a politician is lying?” (because his/her lips are moving!). Nonetheless, the officer reported the joke to Judge Bruce Schroeder, who called on the juror to explain to him and the lawyers what the joke was and what he meant by it. The juror confirmed that he made a joke but wouldn’t repeat it. That got him kicked off the jury.

Observations:

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Morning Ethics Warm-Up, 11/5/2021: When The Woke Try To Cancel Lincoln—And They Will—This Day Will Be Part Of The Reason

In Minnesota on November 5, 1862, more than 300 Santee Sioux were sentenced to hang for their part in an uprising that was justified by outrageous mistreatment by the U.S. government. A month later, President Abraham Lincoln commuted all but 39 of the death sentences and granted a last-minute reprieve to one more, but the other 38 were hanged on December 26 in the largest mass execution in our history. This, of course, makes Abe a racist and a purveyor of genocide, so that memorial in Washington just will have to be blown up, that’s all. Fanaticism doesn’t do nuance, or even utilitarianism. But as Ethics Alarms explained here, Lincoln had a civil war to win in order to re-unite the nation and end slavery. The Sioux were collateral damage in a very difficult trade-off but an unavoidable one.

1. In coincidental ethics news relevant to the above...An Oct. 27 New York Times story , perhaps motivated by the fact that Kamala Harris got her law degree from the school, revealed Serranus Clinton Hastings role in Native American massacres during the late 19th Century. Somehow, either the University of California’s Hastings College of the Law in San Francisco’s administrators and donors weren’t aware of their institution’s founder’s sordid history, or chose to ignore it. Now they want California lawmakers to change the school’s name. A press release explained that the Hastings name “is written into state law” and a name change requires legislation, the press release said.

This is called “restorative justice.” But the school also owes its existence to Hastings, who donated $100,000 to start the law school in 1878. Hastings was a politician, lawyer, landowner and California’s first chief justice. What Hastings donated is worth between $2,836,711.48 and $39,924,610.20 today, depending on what standard you use, but whatever it’s worth, Hastings gave a lot of his money to establish the law school. Where’s his justice? The University and its law school graduates have benefited from his generosity greatly, indeed existentially, but the reasoning is that his misdeeds unrelated to the school justify its taking his money and explicitly dishonoring him. This is exactly the logic being used to justify airbrushing Thomas Jefferson out of our history.

2. More on the unacceptable failure of pollsters: In a column for NJ.com, pollster Patrick Murray says that he “blew it” and expresses his own doubts about whether election polls now do more damage than good.

“The final Monmouth University Poll margin did not provide an accurate picture of the state of the [New Jersey]governor’s race,” he writes. “So, if you are a Republican who believes the polls cost Ciattarelli an upset victory or a Democrat who feels we lulled your base into complacency, feel free to vent….I owe an apology to Jack Ciattarelli’s campaign — and to Phil Murphy’s campaign for that matter — because inaccurate public polling can have an impact on fundraising and voter mobilization efforts. But most of all I owe an apology to the voters of New Jersey for information that was at the very least misleading.”

In related news, Ciatarelli is refusing to concede, though the election has been called for incumbent Murphy.

Murray concludes that it might be time to quit polling. “Some organizations have decided to opt out of election polling altogether, including the venerable Gallup Poll and the highly regarded Pew Research Center… Other pollsters went AWOL this year. For instance, Quinnipiac has been a fixture during New Jersey and Virginia campaigns for decades but issued no polls in either state this year,” he says. “Perhaps that is a wise move. If we cannot be certain that these polling misses are anomalies then we have a responsibility to consider whether releasing horse race numbers in close proximity to an election is making a positive or negative contribution to the political discourse.”

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The “Welcome November!” Open Forum Is Now…Open

November animated

Let’s get the month off to a rousing start, shall we?

All topics, opinions and analysis are welcome, as long as they are related to ethics. Non-political topics are especially welcome, since the opposite has been sucking all the air out of the metaphorical ethics room of late.

Ethics Quiz: Too Much?

Halloween gore

The scene above was the work of Steven Novak, an artist in Dallas, Texas. Last year, neighbors were so unsettled by his Halloween decorations that one of them called the police to report a murder. (No word yet on what this year’s display was.)

Your post Halloween Ethics Alarms Ethics Quiz:

Is a display like that unfair to the neighborhood and irresponsible?

A few thoughts:

  • I think it’s great.
  • Do you think he got many trick-or-treaters?
  • It may be OK, but I’d advise Alec Baldwin to avoid such creativity.

______________________

Source: Res Ipsa Loquitur