accountability

Thoughts Upon Reading The Comments To The Recent “Conscience Clause” Post

/ Jack Marshall / 45 Comments

The comments on the recent post regarding the so-called conscience rule being voided in court generated the comments the topic always does. What follows is a relatively short, general post to frame the issues as clearly as possible.  Admittedly, when a post is titled “When Law and Ethics Converge,” perhaps I shouldn’t have to explicate with a post focusing on the difference between law and ethics. I strongly believe that conscience clauses undermine the law, and are unethical, as you will see.

Law and Ethics are not the buddies people think they are, or wish they were. If you look around Ethics Alarms, you see why. Ethics, as the  process by which we decide and learn what is good and right conduct, evolves with time and experience. A predictable cut of a society’s ethics are always going to be a matter of intense debate. Ethics are self-enforcing, for the most part and by nature, because being ethical should make us feel good.  Once an authority or power starts demanding conduct and enforcing  conformity, we are mostly out of the realm of ethics and into morality, where conduct is dictated by a central overseer that, if it is to have genuine authority, must be voluntarily accepted by those subject to its power.

Society cannot function on ethics alone. Without laws, chaos and anarchy result. Because chaos and anarchy are bad for everyone, no individual who has accepted the social compact may decide which laws he or she will follow and which he or she will defy—at least, not without paying a price, which is society’s punishment. In ethical terms, this is a utilitarian calculation: we accept laws that individually we may find repugnant, because allowing citizens to pick and choose which laws they will obey as a matter of “conscience” doesn’t work and has never worked. Ethics pays attention to history.

Thus it is ethical to obey the law, and unethical not to,  even if good arguments can be made that particular laws are themselves unethical. This is where civil disobedience comes in: if a citizen chooses to violate a law on a the basis of that citizen’s conscience or principle, the citizen also has to accept the legal consequences of doing so as an obligation of citizenship. Continue reading →

When Law And Ethics Converge: Goodbye To The Trump Administration’s Unconstitutional and Unethical “Conscience Clause”

/ Jack Marshall / 44 Comments

Today’s decision by U.S. District Judge Paul Engelmayer, voiding the Trump administration’s “conscience rule” that resuscitated the Bush Administration’s similar rule, is right on the law, and, more important for this blog, right on ethics. The Trump version, which was yet to go into effect,  allowed health-care providers to refuse to participate in abortions, sterilizations or other types of care they if they disagreed with them on religious or moral grounds.

It was an invitation to open-ended discrimination, and as objectionable in principle as allowing public accommodations to refuse to serve Jews, blacks or gays. This topic has been thoroughly explored on Ethics Alarms over the years, and I don’t have anything much new to say. In fact, perusing my various essays on the topic, my favorite is one that is so old, it was on the Ethics Alarms predecessor the Ethics Scoreboard (on which I am slowly making progress in my efforts to get it back online) and mentions Paris Hilton, working at Blockbuster, and an earlier incarnation of Colin Kaepernick in the NBA.

I wrote, in 2005, Continue reading →

Morning Ethics Warm-Up, 10/30/2019: “Happy Birthday Little Sister!” Edition

/ Jack Marshall / 21 Comments

Good Morning!

Today marks the birthday of my younger sister, whom I have referred to here frequently. Growing up with her and following her life and career imbued me with an early and ongoing appreciation of the effects of sexism and pro-male bias in society, and I’m indebted to her for that. She has always equaled or surpassed me in ability and enterprise, yet often watched me receive more credit or praise for the same things she could do and did without similar acclaim. I know she resented me for that (probably still does—she won’t read Ethics Alarms, for example), and it frequently bruised our relationship over the years. She also taught me about moral luck: in general, I have been persistently  lucky, and she has not, and the difference was so evident that I learned very early in life not to congratulate myself for how the dice fell. She is finally happy in retirement, is about to welcome the first grandchild for this generation of Marshalls, her two adult children are healthy and prospering, and her beloved Nationals just forced a Game 7 in the World Series. She will have a happy birthday. Good. She deserves it.

1. Tales of the double standard, and the imaginary double standard. MSNBC and much of the progressive noise machine has decided to paint Rep. Katie Hill as a victim of a “vast right wing conspiracy,” in Hillary’s immortal phrase, and a vicious husband. If he indeed was the one who shared the salacious photos of Hill involved in various sex acts,  vicious he certainly is. But how can anyone say, as lawyer Carrie Goldberg does, that  “Katie Hill was taken down by three things: an abusive ex, a misogynist far-right media apparatus, and a society that was gleeful about sexually humiliating a young woman in power…None of those elements would be here if it were a male victim. It is because she is female that this happened’? Nonsense, and deceptive nonsense.

Hill resigned because a House ethics investigation was underway regarding her admitted sexual affair with a Congressional staffer and an alleged affair with her legislative director. She was not going to be kicked out of Congress for either or both; she probably resigned in part because she knew the investigation was going to turn up more and worse. The Naked Congresswoman Principle also played a part, as I discussed here. Does anyone really believe that equivalent photos of a male member of Congress displaying his naughty bits in flagrante delicto (my late, great, law school roomie loved saying that phrase) with both sexes would be shrugged off by his constituents and the news media? Who are they kidding?

Hill was arrogant and reckless, and is paying the predictable price, though she was not smart enough to predict it. Trail-blazers—I’m not sure being the first openly bi-sexual member of Congress is much  of a trail to blaze, but never mind—are always under special scrutiny and have to avoid scandal at all costs. Did Hill ever hear of Jackie Robinson? Allowing those photos to come into existence showed terrible judgment; using her staff as a dating resource was hypocritical for a member of the  #MeToo party and workplace misconduct too.

The fact that she is being defended tells us all we need to know about the integrity of her  defenders. Continue reading →

The Naked Congresswoman Principle Is Confirmed, Rep. Hill Resigns, And She Refuses To Accept Responsibility

/ Jack Marshall / 18 Comments

Of course she does.

Democratic Rep. Katie Hill of California has resigned. from the House of Representatives. Ethics Alarms examined Rep. Hill’s plight in the recent post, Just What We Needed: The Naked Congresswoman Principle. It concluded,

“The Naked Teacher Principle, Naked Congresswoman Variation, rules. The fact that these photos became public undermines trust in Hill’s judgement, competence, and trustworthiness, if not her physical fitness. It doesn’t matter how or why they got online. The person ultimately responsible is Hill. If you want to have a career based on respect and trust, don’t pose for naked pictures, sex photos, or pictures that make you look like you’re employed by an escort service. That shouldn’t be so hard.”

The lesson of the Naked Teacher Principle and most (though not all!) of its variations held true for Hill: once there are photos out there of a professional holding a position requiring dignity and trust behaving like or looking like a porn star, a drunken frat date, Kim Kardashian or a Sports illustrated swimsuit model, that professional’s ability to do her (or his) job has been seriously wounded, perhaps mortally. It would have been nice, and admirable, if Hill acknowledged this fact of life, the workplace and politics, but as you can see from her resignation letter below, she did not:

Ugh.

Hill appears to be taking no responsibility for her fate at all. This was a “rising star” in the Democratic Party firmament? Yechh.  Continue reading →

One More Time: Leadership, Moral Luck, Accountability, And Scapegoating, Baseball-Style.

/ Jack Marshall / 28 Comments

Here is part of the statement released by  Boston Red Sox owner John Henry yesterday after the team fired its head of Baseball Operations, essentially the team’s General Manager, Dave Dombrowksi:

“Four years ago, we were faced with a critical decision about the direction of the franchise. We were extraordinarily fortunate to be able to bring Dave in to lead baseball operations. With a World Series championship and three consecutive American League East titles, he has cemented what was already a Hall of Fame career.”

Wait…HUH? He was hired four years ago, the team won three consecutive American League East titles (for the first time in the franchise’s history), a World Series Championship (following an epic 2018 season that saw Boston win 108 games) and he’s fired? What did he do, sexually harass players? Flash the owner’s daughter? Continue reading →

Why Did A Judge Let A Man Who Was Trying To Kill His Wife Get Off With A Tough, “Now, Now, Don’t Try To Poison Your Wife Again!” [Updated]

/ Jack Marshall / 15 Comments

[Notice of corrections: This post had way too many typos, and I apologize profusely. Thanks to Crella for alerting me. I think I got all of them.]

I have a theory.

I wish I didn’t.

Therese Kozlowski got a videotape of her husband Brian poisoning her coffee with sleeping pills. Even with this evidence, the poisoner received a sentence of just 60 days in jail, which he will be allowed to serve on the weekends. The prosecutor called the sentence “a slap in the face” of the victim. Oh, it’s much worse than that.

It all started after Therese said she wanted a divorce. Then she noticed that she was feeling drowsy and tired on mornings when Brian made the coffee. She narrowly avoided an accident when she fell asleep while driving to work. So she secretly installed a small video camera by the coffee machine, and sure enough, Brian was putting the equivalent of eight sleeping pills in the morning java.

“Brian’s continuous, methodical, and calculated plot to poison me included a complete disregard for human life, including his own daughter [she also drank some of the spiked coffee], along with hundreds of other drivers who he put at risk every day for weeks,” Therese Kozlowski said in court. “I believe this was attempted murder. Once Brian realized he lost me and there was no getting me to stay in this unhealthy marriage, his goal was to eliminate me.”

This convinced Macomb County (Michigan) Circuit Court Judge Antonio Viviano , he said, to give Brian jail time instead of merely probation, which was his initial instinct. Continue reading →

From The “Duty To Rescue” Files: Am I Wrong That The Ethics Conundrum Of “The Drunk Young Woman And The Stranger” Has An Obvious Answer?

/ Jack Marshall / 25 Comments

Kwame Anthony Appiah, the current author of the Times Magazine “The Ethicist” column and the first proprietor who is an actual ethicist, devoted a whole column this weekend to exploring a variant on the duty to rescue, via this question, which I have redacted a bit (you can read the whole question here), from “Laura”:

I went to a bar that was playing live music and sat at a table very close to the band. A young woman noticed an empty seat at our table and asked if she could join us. She was friendly, intelligent and also clearly drunk, slurring words and feeling no pain.  She came in alone.

Right beside her was a musician in the band. He wasn’t needed in all the songs, so he was free to chat quite a bit, and you could see there was chemistry between him and Kim, but they had not met before. Kim left to use the restroom and when she returned, the musician was with her, carrying her drink. Around 11 p.m., my companion and I were ready to call it a night. We said our goodbyes and left. I’ve thought a lot about  if I should have done something. Perhaps it’s because of #MeToo,but I felt uncomfortable leaving Kim there so drunk and alone. Should I have said something to the bartenders? They were so busy and not really able to watch over the customers. I would like to think that under normal circumstances they would have made sure she got in an Uber by herself (and not with a stranger), or at least would have made sure she didn’t leave with someone against her will. But was she too drunk to give consent? Should I have said something to her, like, “Are you going to be O.K. getting home?” She didn’t appear to be anywhere close to wanting to go home. she was of legal age. Should I have said something to the musician, who seemed like a decent man? have allowed myself the fantasy that he knew she was drunk, made sure she got home safely and did not take advantage of her, but instead took her phone number and checked on her the next day. What was the right thing for me to do in this situation?

Continue reading →

Morning Ethics Warm-Up, 7/30/2019: The More Edition

/ Jack Marshall / 49 Comments

 

More anti-gun posturing, more diversity deceit, more sympathy for parents who kill their kids in hot cars….more.

1. Leadership Ethics: California Gov. Gavin Newsom shows how not to respond to a tragedy. It has been apparent for some time that Newsom’s objective is to make Jerry Brown look like a thorough and moderate professional by contrast. His reaction to the fatal shooting in Gilroy, California, over the weekend, which took the lives of three people (including two children)  was a) to immediately politicize the tragedy; b) blame Trump, which is pandering gold; c) engage in outrageous hyperbole; d) recycle the silliest of anti-gun tropes, and e) do so while lacing his comments with profanity, because cursing makes bad arguments more persuasive, or something.

Most of his statement before the cameras was inarticulate, stuttering and emotional. Forget about the competent leader’s duty to show calm and professional demeanor so the public knows a capable adult is in control. This is how you signal virtue, and that you care. Once  the honorable Governor of California began talking in complete sentences, this was his approach:

“It’s just an outrage. I can’t put borders up — speaking of borders — in a neighboring state where you can buy this damn stuff legally. How the hell is that possible? [ Comment: How is it possible that states make their own laws, and California doesn’t get to dictate to Nevada? Let’s have a show of state hands to see how many states appreciate Gavin’s state creating a magnet for illegal immigrants, who then can proceed to travel where they wish.] I have no problem with the Second Amendment. [Note: That’s an obvious lie, but we can assume Newsom would say that he supports “sensible gun control,” which in eventually means “no guns.”] You have a right to bear arms but not weapons of goddamned mass destruction. [Note: No rifle, much less single shot rifle, is a weapon of mass destruction, and certainly not a goddamned weapon of mass destruction. This is disinformation, but hey, the governor is hysterical, so give him a break.] You need these damn things for hunting? Give me a break. [Note: The argument that the Second Amendment exists for the benefit of hunters is false, and dishonest, but anti-gun demagogues, especially Democratic governors—New York’s Governor Cuomo has made similar statements—keep recycling it. It convinces ignorant people, you see.] It’s just sickening… the leadership today that just turns a blind eye and won’t do a damn thing to address these issues. [ Translation: “Do something!”] What’s goddamned absent in this country right now is moral authority. [Comment: Whatever that means coming from an official of a party that ridicules and marginalizes religious faith.] California’s doing its part, but Jesus, these guys, the folks in the White House have been supporting the kinds of policies that roll back the work that we’re doing,. [Note: the “policies” Newsom refers to are known as the Bill of Rights.] It keeps happening, over and over and over again, on their damned watch. [Clarification: The shootings happened on Newsom’s watch as well, and before 2017, President Obama’s watch. Newsom didn’t make the “watch” argument then, for some reason]

This was pure, irresponsible demagoguery. As usual, the news media didn’t help by refusing to clarify that the “assault-type weapon” used in the shooting was not the  automatic, military  version of the AK-47 which is illegal, but the legal, single shot version. (“Assault-type” and “assualt-style” mean that the gun looks like an automatic, but isn’t. It is pure deceit. )That would require, however, exposing how ridiculous and dishonest the “weapons of mass destruction” line was. Continue reading →

Acosta-Epstein Scandal Update: Acosta Resigns As Labor Secretary

/ Jack Marshall / 3 Comments

The resignation is effective one week from today. Acosta’s deputy, Pat Pizzella, will become acting Secretary. In the Trump administration, acting secretary is a real growth position, since the appointments to the administration’s top jobs are so uniformly wretched. As with so many other disastrous appointments, Trump, or someone, should have seen this scandal coming before Acosta was nominated..

In confirming reports that he had stepped down, Alexander Acosta said, “I do not think it is right and fair for this administration’s labor department to have Epstein as the focus rather than the incredible economy that we have today.” He said that he called President Trump and “told him that I thought the right thing was to step aside. Because cabinet positions are temporary trusts. It would be selfish for me to stay in this position and continue talking about a case that’s twelve years old rather than about the amazing economy we have right now.”

It was the right move for Acosta whether you believe that he needed to be held accountable for the Jeffrey Epstein fiasco or not. The Democrats are desperately trying to tie Epstein to Trump, and the narrative that Acosta was rewarded for helping a Trump “pal” needed to be squashed. I second the reaction of Ann Althouse, who doubled down on her earlier opinion by re-publishing it  after she heard the news:

“I do think Acosta should resign. When it mattered most, the cries of a wealthy man overwhelmed those of ordinary people. That’s not what belongs in the Labor Department.”

Continue reading →

More On The Acosta-Epstein Scandal: Leadership, Moral Luck, Accountability, And Scapegoating

/ Jack Marshall / 33 Comments

Veteran commenter Glenn Logan expressed  doubts about the fairness of current criticism of the Secretary of Labor, Alexander Acosta (above right) for his approval of a ridiculously lenient plea deal for jet-setting sexual predator Jeffrey Epstein (above left). Glenn’s objections  prompted me to search for prior posts here on the ethics issue of high level accountability for disasters and fiascos. In this morning’s warm-up, #3, I discussed the reasons I feel the criticism of Acosta is justified (re Glenn’s complaint that journalists are determined to destroy Acosta because of his connection to their primary target, the President, my response is that  critics being biased and having unethical motives doesn’t mean their criticism is necessarily wrong), and concluded,

“Finally, there is the basic ethical issue of accountability. Prosecutors allowed Epstein’s lawyers to talk them into a ridiculously lenient plea deal with minimal prison time for a privileged criminal and sexual predator with endless resources and a high likelihood of recidivism. It was completely predictable that he would continue to harm women after his release, and the new charges against Epstein show that he did exactly as expected.It is appropriate that someone’s head roll for this, and Acosta’s is the logical choice.”

Glenn responded that this sounded more “like scapegoating than accountability.” “’Somebody must pay,’ he said, “is not convincing to me.” Hence my search of the Ethics Alarms archive. This is a topic of long-standing interest for me, in great part due to my military-minded father.

I also recently watched the Netflix series “Bad Blood,” about Montreal’s Mafia. The accountability of leadership is a recurring theme in that series:  we see the father of the future head of the powerful Rizzuto family telling his son as a boy that he is now responsible for caring for and cultivating several tomato plants. “If a plant produces good tomatoes,” the father explains, ” you will be rewarded. If a plant produces poor tomatoes, you will be punished.” Even if the reasons a plant fails to produce good tomatoes has nothing to do with the son’s efforts and were beyond his control, the father goes on to say, “I will still punish you. For that is the burden of leadership. When that for which a leader is responsible goes wrong, he must be accountable and pay the price whether it is his fault or not. Only then is he worthy of his followers trust.” Continue reading →