California

Lunch Time Ethics Appetizer, 2/13/2019: Rail, Restaurants, Resignation And Reality

/ Jack Marshall / 25 Comments

Yum Yum!

1. When reality meets ideology… California Gov. Gavin Newsom  announced that

[He’s] abandoning a $77 billion plan to build a high-speed rail line between Los Angeles and San Francisco and will focus instead on completing a 119-mile (190-kilometer) segment in the state’s agricultural heartland. Voters approved a ballot measure in 2008 calling for the linking of Northern and Southern California, a rail project initially estimated to cost $33 billion and be completed in 2020. Subsequent estimates more than doubled the cost and pushed the timeline to 2033. Newsom pledged to finish the segment already under construction through California’s Central Valley. He rejected the idea critics have raised that it will be a “train to nowhere” and said it can help revitalize the economically depressed region.

We’ll see how much that part costs, if it’s ever completed. Meanwhile, Democrats are going to have to declare their fealty to the “Green New Deal,” which pledges to eliminate air travel nation-wide with “high speed rail.”

2. What part of “convenient double standards” is unclear to you? Kelli Goff writes at the Daily Beast (relayed by Ann Althouse, since I have the DB on my Ethics Alarms  Untrustworthy Black List):

“When Rachel Dolezal was unmasked as a white woman who misrepresented her racial and ethnic identity in part to bolster her professional bona fides as a voice of the disenfranchised, she was penalized—heavily. She went from rising media star to late-night punchline, unemployable and impoverished. I don’t wish poverty on Warren, but I don’t understand how her only punishment for a similar fraud seems to be that she may become president.”

Warren, a polished demagogue, got rave reviews for her recent speech throwing her war-bonnet  into the 2020 ring; like Barack Obama, skillful public speaking is the full extent of her qualifications for leadership. But wow—with the Democrats more or less trapped into nominating another woman to run against Donald Trump, what an awful field of openly unethical females they have assembled so far! Warren’s a fraud; Gillibrand is an anti-male bigot; Gabbard is running away from strong anti-gay positions, Harris has attacked the Catholic faith as a disqualifying feature for a judge, and then there’s Hillary, who looks outstanding in this field. Continue reading →

Saturday Ethics Warm-Up, 12/8/18: Last Weekend Before I Have To Decorate The %^&$! Christmas Tree Edition

/ Jack Marshall / 41 Comments

Good morning!

1. How can this be? Based on the same documents, the President crowed that Mueller had nothin,’ and the mainstream Trump-hating media crowed that the walls were closing in. It’s a confirmation bias orgy! Charges aren’t evidence, and attempted contacts with a foreign power isn’t “collusion,” and we’ve already talked about the theory that paying off a floozy not to kiss and tell, which is 100% legal at all other times, is a stretch to call and election law violation when the rake is running for President. No such case has ever been brought; it’s dubious whether one would prevail; even if it did, this is a fining offense at most. [ For the record, this is the “resistance’s” Impeachment Plan K, in my view, one of the lamest.]

Both sides are jumping the gun. In the media’s case, it’s more fake new, future news and hype.

2. Stare decisis vs. the prohibition on double jeopardy. In Gamble v. US, just argued before the Supreme Court, the question is whether the federal government can try a citizen for the same crime a state court acquitted him of committing. I’ve always hated the rule that it can (the cops in the Rodney King case were jailed that way), because it seems clear to me that the Constitutional prohibition on double jeopardy (that’s the Fifth Amendment) was intended to prevent such trials. Still,  previous Supreme Court decisions have upheld the convictions.  In the current case, it appears from oral argument that a majority of the current justices agree with me, but are hesitant to so rule because of the doctrine of stare decisis,  which means respecting long-standing SCOTUS precedent.

A ruling to apply double jeopardy would be a ruling against stare decisis, meaning that Roe v. Wade might have less protection than many—including me–have thought. Stay tunes, and watch Justice Kavanaugh’s vote particularly.

3.  Is wanting to/needing to/ actually taking steps to changing one’s sex a mental disorder? There have been a lot of articles about this lately, especially in light of evidence that peer groups, the news media, LGBT advocacy and parents are making many young children want to change their sex before they even know what sex or gender is. The question is itself deceptive, because it pretends that “mental disorder” is anything but a label that can be used or removed with a change of attitude or political agendas. Vox writes,

Major medical organizations, like the American Medical Association and American Psychiatric Association, say being transgender is not a mental disorder. The APA explained this in explicit terms when it stopped using the term “gender identity disorder” in favor of “gender dysphoria”: “Part of removing stigma is about choosing the right words. Replacing ‘disorder’ with ‘dysphoria’ in the diagnostic label is not only more appropriate and consistent with familiar clinical sexology terminology, it also removes the connotation that the patient is ‘disordered.’”

Well, “removing a stigma” is hardly a valid criteria for deciding whether something is a malady or not. What being transgender “is” can’t be changed by what we call it. Recently narcissism was removed from the mental disorder list—that doesn’t change the fact that narcissists see the world and themselves in a way that most people do not, and that this perspective causes them and the people around them a lot of trouble during their lives. The process worked in reverse with alcoholism, where being officially labelled a disease removed a stigma.

I once directed the comedy/drama “Nuts,” which opines that “insanity” is just a view of reality not shared by the majority. It was on this basis that the Soviet Union sent dissidents to mental hospitals. I don’t care what various associations or professionals call these minority positions: we know that they are using bias and political agendas to devise the label. This is one area where a phrase I despise, “It is what it is,” may be appropriate. Continue reading →

Ethics Dunce State: California (Who Else?)

/ Jack Marshall / 17 Comments

We don’t need further evidence that the Golden State has jumped the ethics shark, has general contempt for the Bill of Rights and is in thrall to Alinskyite “ends justify the means” rationalizations, but here it is anyway. California state lawyers tried to defend in federal court an old law, California Penal Code §26820, which read:

No handgun or imitation handgun, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.

Now, don’t ask me how a law like lasted as long as it has; the thing is 95 years old. But it’s embarrassingly unconstitutional. That’s prior restraint by definition. If a first year law student, or a well-educated college student (if thee are such things), reads that law, the First amendment alarms have to start ringing. Why wouldn’t California just repeal such a law, quietly, so as not t embarrass the state? Why wouldn’t California, like a state with some integrity that supports  core U.S. values, just concede to the Court that the law is a dud, and not oppose the claim that it is illegal? I think we have to assume that is because the culture of this particular state has rotted through. It doesn’t support core U.S. values like the freedom of speech, which might be the most vital of them all. Continue reading →

Saturday Ethics Warm-Up, 9/1/18: Ethics Is Like Making Hamburger…[UPDATED]

/ Jack Marshall / 14 Comments

Hello September!

1. More fake news, future news, and “if you hate Trump, you’ll like this” news. Nah, there’s no mainstream media bias!

Ann Althouse performs an expert take-down of an inexcusable piece of hackery by Megan McArdle in the Washington Post titled “Poll by sinking poll, Trump inches toward impeachment.”

[The wrong link to Althouse was up yesterday: it’s fixed now.]

How I love it when other do my work for me: Ann has been getting increasingly eccentric, but here she is at her best. Read both McArdle’s trash and Ann’s defenestration of it, but here are some key points from Althouse:

  • “what made me want to blog this is the first line of the column, “By any metric, Trump is in trouble,” which is followed by:

A poll out from The Post and ABC on Friday shows that 60 percent of voters disapprove of the job he’s doing as president, a new low. But that’s just one poll; the polling average at statistician Nate Silver’s FiveThirtyEight shows Trump with a mere 53.4 percent disapproval rating, which is better than its 56.8 percent peak last December.

So there’s an obvious “metric” — the famous Nate Silver metric — by which Trump is doing better than last December, but “By any metric, Trump is in trouble”?!

  • But a presidency is not in good shape when the best spin on the new poll is “It’s an outlier! Only 53 percent of the country thinks the president is terrible.” The poll is especially ugly for Republicans with midterms looming in two months.

No. 53 percent didn’t say “the president is terrible.” They said “disapprove” when asked whether they approve of disapprove. And they might disapprove of other options too, such as impeachment or even (if it could be magically possible) Hillary for President.

  • More McArdle:

It’s all too easy to imagine a similar scenario for Democrats intent on impeaching Trump as they come up short looking for Republicans to help them make it across the finish line. But it’s not entirely impossible to picture a few Republicans going along….

We’ve gone from “by any metric” to “it’s not entirely impossible.” Come on! Were we not supposed to read this far into the column? WaPo is all headlines and first lines these days. Get your hit, and maybe you can face another day with Trump as President.

Ann’s last line is spot-on, and describes exactly what social media is like these days. Oooo! Trump flew the White House flag full-mast a couple of days early! What a monster! …What? People say Trump doesn’t like Jeff Sessions’ accent? He’s horrible! …Hey! The Trump Administration is doing pretty much exactly what the Obama administration did, but it’s Trump, so now it’s wrong!”

2. More Aretha Franklin Ethics. Even a funeral of a beloved pop star can’t proceed without manufactured outrages, controversies and PC offenses. Bishop Charles H. Ellis, III, felt that he had to apologize for touching singer Ariana Grande like this after she performed during the funeral service for Aretha Franklin…

The funny thing is that this could indeed constitute sexual harassment in a workplace setting, if the singer decided that the touch—unconsented, arguably a mini-grope–was “unwelcome.” So the Bishop had to grovel, which he did, saying,

“It would never be my intention to touch any woman’s breast. … I don’t know I guess I put my arm around her,” Ellis said. “Maybe I crossed the border, maybe I was too friendly or familiar but again, I apologize….I hug all the female artists and the male artists. Everybody that was up, I shook their hands and hugged them. That’s what we are all about in the church. We are all about love. The last thing I want to do is to be a distraction to this day. This is all about Aretha Franklin.”

Continue reading →

Afternoon Ethics Warm-Up, 8/29/2018: Amazingly, There Are More Important Ethics Developments Than How Long The White House Flag Was At Half-Mast…

/ Jack Marshall / 26 Comments

Gooooood Morning!

1 It’s not just bias–ignorance also makes you stupid, Part I. On Fox News this morning, they were breathlessly talking about the importance of stopping the publishing of those evil blue-prints of 3-D printable guns. Why, last year, a plastic gun got through TSA security, and it was loaded! And those 3-D printed guns are cheaper than ever! (nobody mentioned that making a 3-D gun that shoots is still incredibly expensive.)

The report was like science fiction, and the woman in a protesting group who said that these guns needed to be stopped NOW! should have had her head wreathed in tin foil. Did Fox discuss the First Amendment issues? No. Did Fox explain that anyone can make their own gun without a 3-D printer? No. Did Fox explain anything relevant to the actual case? Of course not. Did Fox point out that the judge who just issued the injunction admitted that his action abridged speech? No, not that either.

And no, the other news networks weren’t any better.

2. California is ending cash bail. Good. It may backfire, but a statewide experiment somewhere is needed. Bail may be a necessary evil, but the long-time criticism of the system as being biased against the poor has validity, if not a solution. Not every idea Jerry Brown has is bad, just most of them. My guess is that this will be a PR and political disaster, but hey, I don’t live there. The first time a “non-violent” accused criminal kills someone while on his own recognizance, the someone won’t be anyone in my…oops, I forgot, I have a nephew and a niece in California. Well, they’re rabid Democrats and progressives, so they have consented to the risk, I guess.

Amusing reaction: The bail-bondsmen say that they’ll leave the state if this policy stays. Well, of course. Why wouldn’t they leave? What kind of a threat is that?

3. It’s not just bias–ignorance also makes you stupid, Part II A poll says that a majority of the public can’t name a single member of the Supreme Court, despite a large majority believing that the Court’s decisions greatly affect their daily lives. Worse, most of the public thinks the Court is a partisan body, like Congress, because most of the public doesn’t know the difference between the Supreme Court and an ice cream cones, and virtually none of the public has read a single Supreme Court opinion all the way though in their entire lives. No wonder  the Democrat fear-mongering about Judge Kavanaugh is regarded as a smart tactic. Ignorant people are the easiest to con. Conned people warp our democracy.

That’s why it is unethical to be ignorant. Continue reading →

Morning Ethics Warm-Up, 7/19/2018: The All-Denial Edition

/ Jack Marshall / 36 Comments

Good Morning!

On this day in ethics, 1918: Washington catcher Eddie Ainsmith claimed that he should be deferred from the draft because he was a major league baseball player. Uh, nice try, Eddie, but no,  Secretary of War Newton D Baker ruled, as he tried to suppress uncontrollable eye-rolling..

1. “California, here I come!…here I come!…here I come!…” Oh. Never mind. The California Supreme Court took a measure off the ballot that would have allowed Californians to vote on whether the state should be divided into three smaller states, like this:

In its opinion, the Court argued that the changes demanded by the ballot measure exceeded California voters’ broad authority to enact laws by initiative, established in 1911. If enacted, the measure would have in effect abolished the state Constitution and all existing laws, which would have to be replaced by lawmakers  in the three new states. The measure would also alter the laws that define California’s boundaries, amending the state Constitution. That cannot be done by initiative, but instead requires approval by two-thirds of both houses of the Legislature to be placed on the ballot.

I know that the splitting up of California was a transparent effort to hijack the Senate by adding four more guaranteed Democrats. It was also doomed, since this plot would need to pass Congress and not be vetoed by the President. Still, wouldn’t something as obvious as violating the state Constitution arise before the wacko measure was placed on the ballot? How incompetent can you get? How much more incompetent can California get?

2. THIS will end well… Facebook claims that it will be removing false information from its pages when it threatens to cause violence, before it will cause violence. Sure, we all trust Facebook as an objective, trustworthy arbiter of speech, don’t we? Don’t we? Especially since they use the ever-reliable Snopes to check. During an interview with ReCode’s Kara Swisher, Mark Zuckerberg cited Holocaust denials as the kind of misinformation Facebook would allow to remain on the platform.  “At the end of the day, I don’t believe that our platform should take that down because I think there are things that different people get wrong,” Zuckerberg told Swisher. “I don’t think that they’re intentionally getting it wrong.”

He doesn’t? I’m not sure Holocaust denial is automatically eligible for Hanlon’s Razor; on the other hand, there are good faith idiots. Speaking of idiots, Zuckerman was surprised when his ignorant shrug sparked angry attacks like that of Jonathan Greenblatt, CEO of the Anti-Defamation League, who said, “Holocaust denial is a willful, deliberate and longstanding deception tactic by anti-Semites that is incontrovertibly hateful, hurtful, and threatening to Jews.Facebook has a moral and ethical obligation not to allow its dissemination.”  Continue reading →

Regarding National Institute for Life Advocates (NIFLA) v. Becerra

/ Jack Marshall / 35 Comments

The Supreme Court ruled today that California could not require that pregnancy resource centers (PRCs) promote abortion services on their premises. The  law doing so, the 5-4 majority held, is forced speech. (A law couldn’t make the PRC’s bake cakes saying “YAY ABORTION!” either, presumably.)

The ruling in National Institute for Life Advocates (NIFLA) v. Becerra holds that by imposing the law, California created “an unduly burdensome disclosure requirement that will chill [PRCs’] protected speech.”

 California’s 2015 Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act mandated that any facility that provides care to pregnant women must post this notice:

California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women. To determine whether you qualify, contact the county social services office at [insert the telephone number].

Fines for violating the law were $500 for the first offense after 30 days, and $1,000 for each subsequent offense.

 Justice Clarence Thomas, writing for majority, concluded that the requirement “alters the content” of the licensed centers’ speech by requiring them to notify pregnant women about the availability of low- or no-cost abortions even though the centers’ goal is to persuade women not to have abortions at all. This could be justified by a “compelling interest,” Thomas wrote, but he noted that there are other ways —an advertising campaign or posting notices on public property near the licensed centers—that would not force the centers to promote the very activity that they exist to stop.

Writes at Amy Howe at SCOTUSblog regarding the law’s application to unlicensed centers: Continue reading →

Ethics Dunces: Stockton, California, The Mayor Of Stockton, Everyone Who Voted For The Mayor Of Stockton…

/ Jack Marshall / 43 Comments

“We’re here for our stipend, Mayor! Double it, and we’ll cut back on rapes, too!”

Headline, LA Times: “Stockton’s young mayor has bold turnaround plan: Basic income and stipends for potential shooters.”

If that makes sense to you, please move to California, and stay away from me.

Stockton’s young mayor’s plan is just as backwards, ethically corrosive and dumb as it sounds. The headline is correct. Michael Tubbs, wants to give at least $500 a month to a select group of residents in a pilot program to test the impact of “guaranteed basic income,”  a socialistic fantasy that has failed everywhere it has been tried. We know the impact of guaranteeing people money they don’t have to work for.

But wait, there’s more! Led by their young, brash, clueless mayor, Stockton is about to award stipends of up to $1,000 a month to residents deemed most likely to shoot somebody—I’m not joking!— in a program called Advance Peace,or, in its long version, Let’s Allow Thugs And Violent Creeps To Extort The Government Into Paying Them To Not Hurt Anybody, While Penalizing The Citizens Who Don’t Pose A Threat.

I agree: Advance Peace is catchier. Continue reading →

Good! A Spontaneous Memorial Day Weekend Outburst Of Patriotism…

/ Jack Marshall / 9 Comments

…and it’s from California!

Before Clovis High played Buchanan for the Central Section Softball Championship being held at Fresno State’s Margie Wright Diamond, the announcer said,  ‘There will be no anthem, let’s just play softball!”

Many booed the announcement, then the crowd started singing the anthem anyway, a capella, as most in attendance removed their hats, put their hand over their hearts, and stood. The players stopped their pregame warmups to turn around and face the American flag that waved beyond the center-field wall; nobody knealt, apparently. When the anthem ended, the crowd burst into a round of applause.

THEN the two teams played softball.

More such spontaneous demonstrations of unity, community and patriotism would go a long way toward mitigating the divisions in this nation that so many are working so hard to exacerbate.

There is hope.

Unethical Quote Of The Month: Senator Elizabeth Warren (D-Mass)

/ Jack Marshall / 72 Comments

“In 2016, nearly three million more people voted for Hillary Clinton than Donald Trump – but Trump took the presidency. That’s not exactly the sign of a healthy democracy. Democracy hangs on the idea that whoever gets the most votes wins.”

—-Senator Elizabeth Warren, dumbing down democracy to a partisan audience at the Center for American Progress ‘Ideas Conference’ 

No U.S. election proved the foresight of the Founders and their Electoral College innovation more clearly than the 2016 edition. A single state, California, culturally estranged from the majority of the nation in dramatic, perplexing, even bizarre ways, voted overwhelmingly for Hillary Clinton by more than 4 million votes. This single, virtually one-party state, under a pure popular vote system, would have overcome the will of the rest of the 50 states and the District of Columbia, which narrowly favored Republican Donald Trump by more than a million votes. This was exactly the kind of scenario the Electoral College was devised to avoid—indeed, devised in order to have a country at all. The smaller states, then as now culturally distinct from the more populous states and fearing a permanent fate of being dictated to by their larger cousins, insisted on such devices as the U.S. Senate, where all states had equal power, and the Electoral College, which prevented an,overwhelming mob of single-minded voters in one region dominating the choice of a national leader in perpetuity.

There are other benefits of the device as well. The Electoral College tends to handicap single issue candidates and radical ones. It requires that contenders for national leadership appeal to all regions, or at least not to just a powerful few. Narrow issue, increasingly extreme parties as Warren’s Democrats have become are definitely penalized by the Founders’ system, which is why contenders for the 2020 Democratic nomination are already taking aim at it. What the Electoral College should be doing is to force Democrats to become more inclusive, less divisive, and rational. Instead, they are already working to de-legitimatize the results of the next election, should it not go their way. Continue reading →