Morning Ethics Warm-Up: 8/6/17 [UPDATED]

 

CORRECTION: somehow, and I have no idea why, this somehow was posted with “Comment of the Day” in the headline. And because today has been marred by illness and unexpected events, I didn’t see the mistake until 7:43 PM. I’m sorry for the confusion. I need a vacation.

1. Continuing my informal survey of the Trump Hate obsession at the New York Times,  the trend I noticed last week in the flagship for “the resistance” on the Times staff, the Sunday Times Review section, continued dramatically. Is this evidence that Times readers are finally getting sick of the paper’s unethical obsession? Time will tell. There was just one Trump Hate piece in the ten page section, out of 16 separate essays and op-eds. (A professor of anti-American studies has an essay that attacks all Trump voters and supporters as racists. Should this count? Nah. If you’re not a Democrat, you’re a racist, that’s all. It isn’t about Trump.) Oh, one of the editorials was questioning the Trump policy approach, but that’s within the normal range of newspaper editorials. The one hate essay was borderline, Maureen Dowd being snarky about the Russia investigation. She’s more of a humor writer than a true pundit, inclined to go where the most laughs lie, and her last paragraph was so, so dumb that it effectively discredited anything else she wrote, or will write, really. Dowd wrote,

“On Thursday, the president pout-tweeted that it was Congress’s fault that “our relationship with Russia is at an all-time & very dangerous low.” So he was blaming lawmakers who punished Russia for a cyberattack on our election rather than blaming Russia for sticking a saber in the heart of our democracy.”

Right, Maureen: Russia letting the American public know that the Democratic Party rigged its nomination, that Barack Obama knew about Hillary Clinton’s breaching her own department’s cyber-security requirements, that the Democratic Party’s candidate was running illegal pay-to-play shakedowns of foreign governments to fill the Clinton Foundation coffers (and her husband pockets), that reporters were colluding with her campaign to make certain she was elected, and that the DNC chair used her CNN position to help Hillary cheat in a debate stuck a saber in our democracy. In other words, Russia stuck a saber in our democracy by uncovering genuine evidence that the Democratic Party and Hillary Clinton had stuck multiple sabers in our democracy. I have actually described the “Russian interference” almost exactly this way to die-hard Hillary-ites, and they see nothing amiss with that analysis.

Or was Maureen just making another joke?

2. Some NFL players are now speaking up, protesting that free agent quarterback Colin Kaepernick is being “blackballed” by NFL owners because of his ridiculous anti-National Anthem stunt last season while playing for San Francisco. “Blackballed” implies something unethical and subterranean. We all know why Kaepernick hasn’t been hired: a) he’s not very good and b) he can’t be trusted not to embarrass his team and annoy fans by creating racially divisive (and incoherent) political theater on the field.

Does this “chill” his political speech? All of our political speech is “chilled” to the extent that when we speak out about controversial matters while representing our employers, we risk losing out jobs.  If the NFL put pressure on the teams not to hire this jerk, that would  raise ethical and legal issues, but why would they have to? He was a disruptive employee who wasn’t good enough to get the unethical benefits of the King’s Pass. No team in its right mind would pay millions to Kaepernick. Indeed, teams have an obligation not to. Their job is to win games, make money, and entertain fans. Keapernick undermines all three objectives. Continue reading

More Bad Law Ethics: Integrity Test Coming For The Judiciary On Obamacare

"Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.       Your Friend, Congress"

“Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.
Your Friend, Congress.”

In a recent post, I explained how the incompetent drafting and reckless manner in which the Affordable Care Act was passed has corrupted every branch of the government as well as damaged our system and the public’s faith in it. Affordable Care Act supporters continue to desperately try to excuse, fix, and rationalize this disgracefully bad law. Next up is an integrity test for the judiciary, as the legal argument against the US Court of Appeals for the DC Circuit’s decision in Halbig v. Burwell becomes untenable.

If the two judges on the three judge panel were correct, and it appears they were, then a drafting miscalculation in the ACA has rendered the health care overhaul unworkable, meaning that it can’t be fixed, constitutionally at least, by Executive Orders, waivers, delays or lies, like so much else connected to the legislation. It will have to be addressed the old-fashioned—as in “according to the Constitution”—way, or not fixed at all. Continue reading