Law Vs. Fallacy: The Jurisprudence Of Justice Sotomayor

/ Jack Marshall / 14 Comments

us-supreme-court-justice-sonia-sotomayor

I haven’t been moved to do the research, but I would not be surprised if Barack Obama is owed the prize for the worst nomination for the U.S. Supreme Court ever to be confirmed by the Senate. That would be Sonia Sotomayor, the self-described “wise Latina” who was picked using the same criteria that led to Joe Biden choosing Kamala Harris as his VP: checking the right boxes. Obama was seeking a Hispanic judge (another first!) and a woman, but managed to choose a judge with weak credentials whose selection insulted better judges, female judges and Hispanic judges who were more qualified than her, and there were a lot of them. Since her confirmation, Sotomayor has introduced touchy-feely “compassionate” arguments exactly where they should never show their mushy heads: in Supreme Court oral arguments and opinions. Some of her opinions read as if they were composed by anyone with a law degree, though her law clerks are expert at stuffing them with the requisite number of case cites for appearances sake.

The latest example of Soromayor’s sentimental hackery was her dissent in the case of U.S. v. Dustin John Higgs, in which the Court, by a 6-3 vote (guess the three!) turned down the writ of certiorari of a man convicted of kidnapping and murdering three women, and sentenced to death. Justice Sotomayor began,

After seventeen years without a single federal execution,the Government has executed twelve people since July. They are Daniel Lee, Wesley Purkey, Dustin Honken, Lezmond Mitchell, Keith Nelson, William LeCroy Jr., Christopher Vialva, Orlando Hall, Brandon Bernard, Alfred Bourgeois, Lisa Montgomery, and, just last night, Corey Johnson. Today, Dustin Higgs will become the thirteenth. To put that in historical context, the Federal Government will have executed more than three times as many people in the last six months than it had in the previous six decades.

Such an approach is a logical fallacy called “appeal to emotion.” That’s not law, that’s sentiment, assuming one is moved to tears by the idea of multiple convicted murderers finally being executed after years of expensive appeals and stalls. Sotomayor seems to think the fact that the “Federal Government will have executed more than three times as many people in the last six months than it had in the previous six decades” and that it was 17 years before the Trump administration did what should have been done all along has more than trivia value. So what? The U.S. has a death penalty, and finally has decided to follow through on it. Good.

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The Supreme Court And Taylor Swift Ethics

/ Jack Marshall / 10 Comments

It is generally regarded as a sign of ethics, courage and character to take action “on principle.” In theory, this means that non-ethical considerations (like enrichment, power and popularity) are not the actor’s goals; making a statement for the enlightenment of society is. However, actions on principle can often be quixotic and even silly, causing greater damage, as well as wasting time and money, “on principle” than the message is worth. The folly was nicely illustrated in the ancient burlesque skit above known as “Pay the Two Dollars.”

The issue of how far it was reasonable to go “on principle” was recently explored, of all places, in the U.S. Supreme Court in the oral argument of the case Uzuegbunam v. Preczewski.

Chike Uzuegbunam, a student at Georgia’s Gwinnett College in Lawrenceville, was threatened with discipline under the school’s speech code that violated his and other student’s First Amendment rights. He sued the college but it quickly backed down, eliminating its speech restrictions and replacing them with one that allows students to “speak anywhere on campus and at any time without having to first obtain a permit.” State officials said the change made the case moot. A trial judge agreed, and the United States Court of Appeals for the 11th Circuit, in Atlanta, affirmed her ruling.

Uzuegbunam and his student supporters, however, felt strongly that an official declaration that their rights had been violated was important, and they appealed on the grounds that they should be able to pursue their case for nominal damages. This was the issue that got the case before SCOTUS.

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Evening Ethics Night-Cap, 1/18/2021: What A Terrible Bunch Of People!

/ Jack Marshall / 12 Comments

nightcap

1. Wow. Now that’s a sex scandal even in France! Olivier Duhamel, a prominent French political scientist, radio show host and television commentator has quit his media and university posts after being accused of committing incest with his teenage stepson more than 30 years ago. His resignations included the Sciences Po university, where Duhamel, now 70, headed the body overseeing the renowned Paris institution. A book called “La Familia Grande,” just published and written by one of his stepchildren, revealed that Duhamel abused her twin brother beginning when he was 14. The brother told the news media, “I confirm that what my sister has written about the actions of Olivier Duhamel toward me is correct.”

Addressing her step-father directly in the book, Camille Kouchner wrote: “I am going to explain to you who sound off on the radio, you who offer the gift of your analysis to students, and strut about on TV stages. I am going to explain that you could, at least, have said sorry.”

Now there is a #MeToo-style incest movement in France, #Metooinceste, with over 20,000 tweets so far posted on accounts of people who say they had been sexually abused as children by adult family members.

2. This would be pretty embarrassing, if only the news media had the integrity to point it out. DC AG Karl Racine pronounced himself outraged that anyone would compare the Black Lives Matter riots to the Capitol riot. Last week, Racine called comparisons (accompanied by accusations of double standards and hypocrisy), “shocking and outrageous.”

Right. The BLM riots resulted in at least 8 dead, hundreds of wounded officers, and over $2 billion in damages. The D.C. installment of the riots attacked the White House and injured 150 officers. 60 members of the Secret Service’s Uniformed Division were injured holding off the mob while President Trump and his family were taken to a bunker. 65 Park Police officers were wounded and 11 had to be hospitalized, as compared to the January 6 toll of 60 Capitol Police and 58 D.C. cops injured.

One difference is that Democrats and the media accused police of violently assaulting “peaceful protesters” instead of condemning the BLM mob whose members threw bricks, bottles, fireworks, and bodily fluids at law enforcement officers. The BLM rioters set the White House gatehouse and the Church of the Presidents on fire. D.C. Democrats responded by demanding law enforcement leave and naming a plaza “Black Lives Matter.”

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Here’s Another Unethical Trend To Dread As Progressives Grab The Reins: “Trauma-Informed Justice”

/ Jack Marshall / 11 Comments

TIJ

Trauma-informed justice, also called “victim-centered” justice, is becoming the cool new thing as woke anti-civil rights activists seek to get around due process and the presumption of innocence when it suits their agenda. The technique involves an interview methodology where the police prioritize empathy for accusers, who are automatically presumed to be victims. The methodology is especially favored for allegations of sexual abuse and domestic violence, where the accusers are overwhelmingly female: this a “believe all victims as long as they are wo,men” anti-male approach that has its roots in the feminist movement. The methodology was refined by Russell Strand, U.S. Military Police School, who offered the Forensic Experiential Trauma Interview (FETI) as a way to question presumed victims without making them relive an assault.

The theory dictates that police conduct investigations following three principles:

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The Tragically Warped Legacy Of Martin Luther King, Jr.

/ Jack Marshall / 30 Comments

King

Ethics Alarms has posted several paeans to the iconic civil rights leader on his “day” is the past, but it is time—past time, really—for a more rueful and honest assessment of his legacy. No one can (or should, anyway) deny King’s crucial role in eliminating segregation in the United States, killing Jim Crow, and prompting long-overdue legal and cultural reforms, epitomized by the 1964 Civil Rights Act. King’s words have continued to inspire while serving as guideposts for the nation’s journey, still infuriatingly incomplete, to a society where citizens are judged “by the content of their character” rather than the color of their skin. But in 2021, a celebration of King and his legacy seem particularly hypocritical. His alleged followers have transitioned to a cynical strategy of encouraging a national mentality that accepts that the color of an American’s skin defines the content of their character, or to put it another way, that race is the most important feature, factor and consideration in American life.

This is a perversion of what Dr. King stood for, but that is the status of his legacy today. Most of what I mention in this post is old news that we have discussed before, but there are, as there now are virtually every day, additional examples of this corrosive use of race to divide and corrupt society. In this morning’s New York Times Arts section, for example, an article headlined “Bringing on New Leaders For Diversity In The Arts” told us that “cultural institutions around the country are hiring their own diversity officers to increase the number of people of color on the staff and board, broaden their programming and address a widely acknowledged pattern of systemic racism.” Translated, all this statement means is that, cowed by routine accusations of racism, arts groups are substituting one undeniable system of racism for an unproven one. People are being hired and appointed because of their skin color alone, or certainly over all other reasons. This is not, of course, restricted to the arts. The idea that skin-shade equals talent and virtue has been embodied at the very top of our government. The soon-to-be official Vice-President of the United States is in that position solely because she is “of color” as well as female. Her character, ability, experience and accomplishments have nothing to do with the responsibility and high office handed to her: she was roundly rejected by the members of the public who belong to her party when running on the basis of those factors. “Diversity” is a cover-word for discrimination. Dr. King was not asking for quotas in his protests, speeches and marches: he was demanding that blacks like him be given the opportunity to succeed on the same basis as whites, judged, rewarded and advanced without regard to their race.

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Ethics Footnotes, 1/17/21:Well, I’M Reading, Anyway…

/ Jack Marshall / 27 Comments

Boy, only diehards are on Ethics Alarms today, yesterday too. I don’t get it; it’s a long weekend, but so what? It’s not like everyone is traveling on long weekends while American are still trembling in terror over the Wuhan virus. Must ethics take a holiday? Apparently so...

1. How can anyone have sympathy for New Yorkers? The city is falling apart. Crime is up, the wealthy are fleeing, corporations are fleeing, the mayor has eliminated admission tests for much of the public school system and stated that his goal is to redistribute wealth, Times Square has returned to pre-Rudy squalor, and tourism was falling like a rock even before the pandemic. They voted for a confessed socialist as mayor (and for his communist, conflict-of-interest flaunting wife)—perhaps acceptable as a novelty—then re-elected him after a disastrous first term. Now, six months ahead of this year’s Democratic mayoral primary that will decide who the next mayor will be because the city’s minorities wouldn’t vote for a Republican if he was running against Nero, the natives are getting restless. Polls show that New Yorkers regard de Blasio’s pet issues of combating climate change and pollution on the bottom of their priority list, but only 56% of respondents said they hold a “very or somewhat unfavorable” view of the guy that was the architect of the city’s collapse. Why isn’t it more like 90%? I suppose for the same reason they elected him twice. In democracy, you get what you deserve. Civic literacy is the individual’s ethical responsibility, nobody else’s.

2. Now THIS is an incompetent elected official…Pennsylvania Lt. Gov. John Fetterman (D) actually said in a video posted last week—I wouldn’t kid you!-–“This idea that saying that Pennsylvania was ‘rigged’ or that we were ‘trying to steal the election,’ that’s a lie. And you do not have the right, that is not protected speech.” Fetterman goes on to say that Twitter should have immediately removed any tweet from President Donald Trump that questioned the integrity of the election, and, in the immortal mark of someone who doesn’t know the First Amendment from a Yorkshire Terrier, compared Trump’s claims to “yelling fire in a crowded theater when there is none.”

This idiot is reportedly considering a run for the U.S. Senate in 2022.

To be fair, Fetterman’s view of the free speech,which is to say “there is none unless progressives approve,” appears to be on the way to becoming the predominant one in the Democratic Party.

Don’t blame me, I voted for Kodos…

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Comment Of The Day: “Crowbar, ProBar, Whatever…”

/ Jack Marshall / 11 Comments

poke the bear

Disclaimer:The views and opinions expressed in this article are those of the author, and do not necessarily reflect those of Ethics Alarms or ProEthics, Ltd.

I probably should post that before every Comment of the Day. I don’t choose a COTD because I necessarily agree with it. In the case of Null Pointer’s Comment of the Day below, there are some conclusions I don’t agree with and some assertions I am dubious about, but the over-all thrust of the comment is spot-on.

There is also an Ethics Quote of the Week in there:

“I read this quote on some Lefty site tonight: “’Pretty funny, no? …On Fox & Friends, the nitwit anchors can’t even agree on what is wrong or right!'”

Journalists aren’t supposed to decide what’s “wrong or right,” but it is clear that progressives, and that obviously includes most journalists and their editors, do, and that’s exactly why they are tending toward totalitarianism and away from democracy.

Here is Null Pointer’s Comment of the Day on the post, “Crowbar, ProBar, Whatever…“

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From The “Scared Yet” Files: The Rest Of The Story On The Persecution Of Professor Charles Negy

/ Jack Marshall / 17 Comments

Nagy Tweet

As Ethics Alarms noted back in August (which seems like years ago), the University of Central Florida set out to destroy Professor Negy, who was tenured and has taught at the university for decades by inviting students to bring formal complaints against him “based on abusive or discriminatory behavior by any faculty or staff.” Students were already demanding his dismissal because he dared to post the accurate tweet above, but the institution knew it couldn’t fire him for that.

Negy’s lawyer,Samantha K. Harris, described the process:

Since June 4th, a litany (we don’t know the exact number, because they won’t say) of complaints has been lodged against Negy for his classroom pedagogy, for speech that allegedly occurred over a 15-year period from 2005 to 2020. The university charged Negy with discriminatory harassment on the basis of race, ethnicity, national origin, sexual orientation, religion, sex, gender identity/expression, and disability…while providing him with only a handful of “examples” of his alleged wrongdoing. … the university subjected Negy to an “investigative interview” that was one of the most Kafkaesque things I have seen in my 15 years advising students and faculty about campus disciplinary matters. For four straight hours, UCF’s investigator grilled Negy about accusations stemming directly from his classroom pedagogy, having made no effort to weed out the countless accusations that were obviously just critiques of his choice of teaching material….When Negy, physically and emotionally exhausted after four hours of interrogation, asked if the interview was almost over, we learned that the investigator had not even gotten halfway through her list of accusations. Another five-hour inquisition was scheduled for the following week.

This investigation was obviously undertaken in retaliation for Negy’s protected tweets… How many professors are going to be willing to speak out if the result is a nine-hour inquisition followed by an almost inevitable punishment?…Cases like this are canaries in the coal mine: if a public university—a government agency—can treat someone this way for deviating from the university’s orthodoxy, and face no accountability for doing so, then what (and who) is next? The answer, of course, is you and me. We are next. If decent people do not take a stand against these abuses, it’s not a matter of if the state-endorsed mob will come for us—it’s only a matter of when.

When, as we now can see, has arrived.

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Return To “Pleasantville”

/ Jack Marshall / 16 Comments

I just watched “Pleasantville,” the 23-year-old comedy/drama/ allegory/satire/pseudo-“Twilight Zone” rip-off film produced, written and directed by Gary Ross. I’m not going to write as much about the film now as I will later; instead, I’m going to ask everyone to watch (or re-watch) the film so we can have a rich discussion about it at a future date, maybe in a month, maybe less. It might even be a good topic for the Ethics Alarms Zoom conference I’m planning on having (No, I haven’t forgotten!)

Ross is unusual for Hollywood, thoughtful and interested in ethics. He is more of a screenwriter than a director, and I would categorize most of his work as centered on ethical conflicts, dilemmas and values: “Big,” “Sea Biscuit,” “The Hunger Games,” and “Pleasantville.” He is also a smug liberal who worked for the Presidential campaigns of Ted Kennedy, Mike Dukakis and Bill Clinton. The smugness bothered me the first time I saw “Pleasantville” two decades ago, but it is absolutely blinding now.

“Pleasantville” is still an excellent and thought-provoking movie, certainly as compared to most movies today; it’s just that the thoughts it provokes are disingenuously manipulated, and the movie isn’t quite as excellent as it obviously thinks it is. (Full disclosure: I grew up on Pleasant Street in Arlington, Massachusetts.)

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Crowbar, ProBar, Whatever…

/ Jack Marshall / 10 Comments

toy train wreck

Fake news, fake hero, media bias, unethical joke, Poe’s Law—this tiny ethics train wreck, an insignificant side-track in the 2020 Election Ethics Train Wreck, is still depressing…

First, CNN reported that the heroic Rep. Ted Lieu, one of the most unethical and hateful members of Congress (so naturally he’s been designated an impeachment manager by Pelosi) grabbed a crowbar as he prepared to do battle with the rogue demonstrators who rushed the Capitol for the hell of it on January 6.

Nothing like the news media pumping up a toxic jerk just because he’s a Democrat…confirmation bias at its worst. CNN’s reporter heard what he or she wanted to hear, but Lieu did not, in fact, grab a crowbar. He grabbed a ProBar energy bar, so CNN had to issue a correction:

“CORRECTION: A previous version of this story misstated that Rep. Ted Lieu grabbed a crowbar before leaving his office. He grabbed a ProBar energy bar.“

This, in turn, prompted some wag to post this fake CNN correction:

Fake CNN correction

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