cheating

Observations On “Operation Varsity Blues” [UPDATED!]

/ Jack Marshall / 36 Comments

It is rare that an ethics story is the front page feature of the day, but the scandal that broke last nigh is certainly that. From the AP, on the results of the investigation code-named “Operation Varsity Blues”…

Fifty people, including Hollywood stars Felicity Huffman and Lori Loughlin, were charged Tuesday in a scheme in which wealthy parents allegedly bribed college coaches and other insiders to get their children into some of the nation’s most elite schools. Federal authorities called it the biggest college admissions scam ever prosecuted by the U.S. Justice Department, with the parents accused of paying an estimated $25 million in bribes.

More…

At least nine athletic coaches and 33 parents, many of them prominent in law, finance or business, were among those charged. Dozens, including Huffman, were arrested by midday.

Huffman, best known for “Desperate Housewives,” is married to celebrated actor William Macy (“Fargo”). Presumably he is going to be arrested too.

The coaches worked at such schools as Yale, Stanford, Georgetown, Wake Forest, the University of Texas, the University of Southern California and the University of California, Los Angeles. A former Yale soccer coach pleaded guilty and helped build the case against others.

Yikes. You can get all the details at The Atlantic, Esquire, The Stanford Daily, Chicago Tribune, Raw Story, The Week, Justice News, The Texas Tribune, Slate, SFist, Recode, Page Six, TechCrunch, TMZ.com and Fox News.

Ethics Observations: Continue reading →

Morning Ethics Warm-Up, 3/1/2019: Mania In Pennsylvania

/ Jack Marshall / 10 Comments

Hello from Cannonsburg, PA.

Mr. Adams, but Mr. Adams
The things I write are only light extemporania
I won’t put politics on paper, it’s a mania
So I refuse to use the pen in Pennsylvania

—-Ben Franklin, in “Mr. Adams,” 1776

(But Ben didn’t have a computer…)

1. Like watching a zombie outbreak. Predictable, embarrassing, scary, disgusting, and hilarious. The comments on my Facebook feed by Trump Deranged friends and friends of friends really does begin to make me wonder if protected Trump Hate is mental illness. Multiple people were willing to go on record as saying that they believed Michael Cohen, and—get this—that they found him to be a sympathetic character! Now it’s true that these same people believed Jussie Smollett, Nathan Phillips, Bill Clinton and Christine Blasey-Ford based on nothing more than ideological bias and anti-Trump animus, but even these four are paragons of honesty and trustworthiness compared to Cohen. It is also amazing that these Coehn fans are so confident of the Facebook echo chamber that they don’t hesitate to write something so mind-numbingly stupid.

2. Petty perjury. The Republicans who are trying to prompt an investigation of Cohen for alleged perjury before Congress are abusing process, and worse, they are  imitating the bitter Democrats who argued that Bret Kavanaugh committed perjury by giving his recollection of an innocent definition of “boofing.” Among Cohen’s alleged “lies” is that he said he never wanted to work at the White House in the hearing, but said elsewhere that he did want to work there. The man is inately unbelievable (but sympathetic!) He’s a criminal. He has violated too many legal ethics rules to count. He betrayed his client’s confidences. He has lied under oath. He’s been disbarred. It is literally impossible to have less credibility than Michael Cohen. There is no point in proving petty perjury, except to be vindictive.

3. Testing the tolerance, determination and gag reflex of those who believe in innocence until proven guilty. Michael Jackson’s family is out in force to condemn “Finding Neverland,”is out in force to condemn “Finding Neverland,” a documentary debuting on HBO this weekend.  It purports to chronicle the King of Pop’s alleged serial child abusing, featuring two former kiddy pals who slept in Michael’s bed, all in good fun, according to the Jacksons. No jury ever found Michael guilty, though one has to wonder if the result would have been the same if he looked and sounded like Vin Rhames. On the other hand, Jackson was so, so strange that virtually anything is believable, including the theory that he really was just a big, famous, harmless, case of arrested childhood whose motives were pure as the driven snow. The Jacksons say his now grown playmates are just seeking money and book deals. That’s certainly plausible. What isn’t plausible is that the Jacksons say they never thought Michael’s obsession with young children was suspicious or troubling, and that they see no reason why anyone would have expected them to advise their brother not to act like a pedophile, whether he was one or not.

4. Selma Blair. Selma Blair never became a big star; I remember her best in “Hellboy.” She was talented, though, and now we know she’s gutsy, appearing on the Oscars red carpet using a cane. Blair has multiple sclerosis, which has disabled a career already shot by another crippling malady for movie ingenues–getting older. Blair announced her illness on Instagram, saying, “I am disabled. I fall sometimes. I drop things. My memory is foggy. And my left side is asking for directions from a broken gps. But we are doing it. And I laugh and I don’t know exactly what I will do precisely but I will do my best.” Now she is defying typical Hollywood vanity to appear in public, giving invaluable support to the million-plus Americans who suffer from MS. Wrote Ed Tobias on the MS support website, MS News TodayMS News Today:

“If a photo is worth a thousand words, then the video of Blair and her cane, as she slowly made her way along the red carpet at the Oscars, is worth a million. It shows pain and persistence. Caution and class. It shows what many of us have to handle each day. And Selma Blair showed an audience of millions how to do it. Bravo!”

Agreed.

5.  Now let’s see how many acting jobs David Boreanaz and Emily Deschanel get after this. An arbitrator awarded $179 million,awarded $179 million, much of it in punitive damages, to the two and one of their partners in the long-running hit TV show “Bones,” holding that Fox executives lied, cheated and committed fraud at the expense of the show’s stars and executive producer Barry Josephson. That creative Hollywood accounting robs stars is the third worst-kept and longest running secret in show business, #1 being that directors and producers use their power and star-makimg ability to force actresses to have sex with them, and #2 being that an awful lot of actresses take advantage of that illicit entree. James Garner was one of the few big stars to challenge the swindle in court, and he did so more than once. He won, too, but he also paid a price in lost roles. Most stars just put up with the cheating and take their paychecks, which are pretty big anyway.

Maybe Boreanaz, a latter day Garner who may have sensed that he has maxed  out his career as he enters his fifties (surely you remember him as Angel, Buffy the Vampire Killer’s tragic true, un-dead love?) and Deschanel, who has always been oveer-shadowed her younger, cuter, funnier sister Zooey, may have decided that there was no downside in fighting for their fair share. Or maybe—just maybe—they are making a courageous stand for their profession. Either way, it is good ethics news any time the Hollywood moguls get foiled in this game.

Afternoon Ethics Warm-Up, 2/25/ 2019: Martina Navratilova A Gender Bigot? The Founding Fathers Nazis? Art Galleries Discriminating Against The Blind? WHAT’S HAPPENING?????

/ Jack Marshall / 79 Comments

It would be a good afternoon if EVERYTHING WASN’T SPINNING OUT OF CONTROL!!!!

1. For the record, it appears that Facebook blocking Ethics Alarms posts has cost the site about 30% of its traffic. Mission accomplished, Thought Control Activists!

For now…

2. Did I call this, or what? In  October of 2017 I wrote about another example of tyranny by the disabled, when the Philadelphia-based 3rd U.S. Circuit Court of Appeals gave Paul McGann, who can neither see not hear, a chance to show that movie theaters must provide him with a “tactile interpreter” under the ADA.

No word yet on how Paul is faring, but last October I wrote about yet another example, as described in the New York Times:

…Eight suits have been filed in federal court in Manhattan over the past two weeks, most recently against Hofstra University on Long Island on Oct. 4. In each case, lawyers for Emanuel Delacruz, who is blind, charged that the college’s website is inaccessible to their plaintiff and therefore in violation of the Americans With Disabilities Act.

The filings are part of a growing number of actions involving accessibility and the internet.….Since January 2015, at least 751 lawsuits have been filed over the issue. The vast majority have focused on retailers and restaurants, according to a legal blog that tracks such suits… another website, which includes not only lawsuits but also government investigations into web or technological accessibility, lists 37 schools that have been accused of noncompliance with disability law.

I wrote, in part,

Next? Law suits against art museums for not having audio descriptions of every work exhibited. Law suits against sports stadiums, alleging that the ADA mandates play-by-play being blasted from the ballpark speakers. Then, I suppose, lawsuits against the world for not making being blind a pleasure.

From the Times last week:

“On Dec. 13, a blind Manhattan resident named Henry Tucker filed federal lawsuits against 10 art galleries, saying their websites were not accessible to people who could not see. The galleries’ names included Adam Baumgold Fine Art, Adelson, Agora, Albertz Benda and Acquavella. The next day, Mr. Tucker and his attorneys moved on to the B’s.”

Continue reading →

Morning Ethics Warm-Up, 1/23/2019: Fame And Infamy

/ Jack Marshall / 44 Comments

Good morning from Ft. Lauderdale!

This warm-up was supposed to be up yesterday, but our flight to Ft. Lauderdale was delayed for four hours, then after we were on the runway, a passenger had some kind of medical emergency, sending us back to the gate and causing more delay. We got to our hotel after midnight, and I wasn’t capable of putting up the post.  Not that I’m in that much better shape this morning…

1. Covington Catholic Students Ethics Train Wreck update.

  • I just listened to HLN’s shameless effort to change the subject and cover for the news media in the false narrative  pounded for more than a day regarding the students. Whether the chaperones were negligent of not is irrelevant to whether journalists and pundits were unprofessional and irresponsible in attacking the students., for example. Also infuriating is the “well, people have different reactions to the video” shrug. Yeah, bigots and race-baiters who have no concern for facts or fairness think it’s politically helpful to punish kids for wearing hats supporting a President they hate.
  • Then there is Sarah Beattie, a Saturday Night Live writer, who posted this:

Nice. Of course, an ethical network would discipline an employee who tried to incite an attack on a teen, and no, she may not have been serious, but this isn’t a joke.

These are bad people. Res Ipsa Loquitur. Continue reading →

Afternoon Ethics Distractions, December 1, 2018 [UPDATED]

/ Jack Marshall / 51 Comments

Happy birthday to me.

Birthday ethics quiz: When I was 13, my mother decided to throw me a real surprise birthday by having my friends and relatives hiding in our basement, but to stage the ambush four full days before the actual anniversary of my birth. She sent me down into our (creepy, musty) basement on a pretext, and the 25 or so people leaping out of the dark screaming scared the hell out of me. I nearly fell down the stairs. On your real birthday, there’s something in the back of your mind that prepares you for the possibility of a surprise party, however remote. When the surprise comes on another day, it feels more like an attack. As a consequence of that trauma, I detest surprise parties, and am afraid of dark basements. My mother, who loved scaring people, was always proud of her “surprise party that was really a surprise.” I thought it was sadistic and irresponsible, and still do.

What do you think?

1. The Drag Queen Principal Principle? Readers here Know Ethics Alarms frequently explores the various ethical dilemmas raised when a primary or secondary school teacher allows herself to appear naked of nearly so on the web. The tag is “The Naked Teacher Principle.”

This is a variation I haven’t seen before, out of Great Britain, from the BBC:

Andrew Livingstone, 39, is the head of Horatio House in Lound, Suffolk, and he also has a second job outside of work, as an entertainer called Miss Tish Ewe. According to the Eastern Daily Press, his act contains explicit material.

Great Yarmouth Community Trust, which owns the school, said it had agreed guidelines with him to ensure “a separation between his two jobs”. Mr Livingstone’s act is labelled on Twitter as “Queen of Quay Pride and Great Yarmouth!”, and boasts he has performed in places including Cardiff, Bristol and Dundee.

Mr Livingstone was appointed in July as the head of the independent school, near Lowestoft, and its proprietors said he brought “considerable expertise in education and school improvement to the trust”.

The school said his drag queen act came up during checks, but that it did “not believe that the two jobs are incompatible, and agreed with Mr Livingstone clear guidelines to ensure that there is a separation between his two jobs, including the use of social media in promoting his act”.

Both Norfolk and Suffolk county councils said they had not received any complaints.

Note that the key factor in most NTP scenarios isn’t present here. The teacher’s employers knew about the individual’s unusual avocation and approved of it in advance: there was no unexpected revelations or publicity. Note also that this is England, where drag has a somewhat different tradition and reputation than it does in the U.S.

2. George H.W. Bush death ethics. a) Incompetence. Here is the Washington Post’s first obit after the former President’s demise yesterday:

b) Nah, there’s no mainstream media bias! The New York Times dredged out the infamous photo it employed to help sink Bush’s reelection in 1992, purporting to show him being “amazed” at a supermarket scanner. Bush was “out of touch” with how real Americans lived, you see, unlike Bill Clinton, who “felt their pain.”  That was the false narrative the news media was pushing against THAT Republican President. It was a lie, of course. Times reporter, later editor, Andrew Rosenthal wasn’t even present at the grocers’ convention where the photographed scene took place. He based his article on a two-paragraph report filed by the lone pool newspaperman allowed to cover the event, who only noted that Bush had a “look of wonder” on his face, But President Bush was wondering at new  a new technology “regular” Americans would have wondered at too—a prototype  scanner that could weigh groceries and read corrupted bar codes.

c) Paranoia! Confirmation bias! Newsbusters and Instapundit found the Associated Press’s obituary nasty and biased. Read it. The piece is fair and accurate. Mine would have been much tougher. Bush joined James Buchanan as men who became President because they had held every other conceivable elected and appointed government post and it was the only step left. That’s a lousy reason to run for President, and both Buchanan and Bush learned that lesson the hard way.

d) This is how it is done, John. The Bush family made it known that President Trump would be attending Bush’s funeral. President Trump was much harder on the Bushes than he was on John McCain. [CORRECTION: I mistakenly and carelessly posted that the Bushes “boycotted” Trump’s swearing in. W. and wife were there; Jeb wasn’t, but he was not obligated to, and H.W. was old and frail enough that he had an automatic excuse, though I doubt that he was inclined to show up. I apologize for the error.] But living ex-Presidents and the one in office traditionally attend the funeral of one of the exclusive club. The Bush’s understand that respect for the Presidency takes precedence over dislike of the man in it. Continue reading →

The Facts Are In: Surprise! Serena Williams And Her Defenders Were Dead Wrong In Every Respect

/ Jack Marshall / 52 Comments

It is rare that a public controversy that breaks down ideological lines actually has a resolution. The uproar over the sexist “double standards” a tennis umpire supposedly used against Serena Williams as she lost the U.S. Open championship (fair and square) to Naomi Osaka is just such a rarity. Although it should have been obvious on its face (Yes, it’s legal jargon, but I love it) that Serena was grandstanding to distract from her loss and posing as a gender rights crusader when she was really being an entitled celebrity jackass, social justice warriors fell all over themselves rationalizing her outburst, with columns titled, “Right message, wrong timing” at best,  and demands that the umpire and the U.S. Open owe Williams an apology for enforcing the rules at worst.

There’s no longer any valid  justification for debate. Williams was wrong; her defenders were biased, and it is they, not match umpire Carlos Ramos, who are obligated to apologize.

The New York Times isn’t always spinning for the Left. In a thorough article yesterday, it revealed that when the rampaging tennis diva protested to Brian Earley, the tournament referee, “There are men out here who do a lot worse than me, but because I’m a woman you are going to take this away from me? That is not right,” she was perpetrating a falsehood.

The Times actually looked at the data, something that should have been available to the public immediately after the Williams tantrum, but let’s be grateful for responsible journalism even when it’s suspiciously late. The conclusion: Serena’s accusation notwithstanding, “men appear to be fined proportionally more often than women for a variety of offenses.”

Here’s the Times chart:

Fines by Gender at Grand Slam Tournaments

All Fines, 1998-2018 Men Women
Racket Abuse 646 99
Audible Obscenity 344 140
Bad sportsmanship 287 67
Coaching 87 152
Ball Abuse 49 35
Verbal Abuse 62 16
Visible Obscenity 20 11
No Press 6 10
Time Violations 7 3
Best Effort 2 0
Default 2 0
Doubles Attire 2 1
Late for Match 1 1
Quitting mid-match 2 0
Totals 1517 535

Todd Frazier’s Cheat And The Umpire’s Revenge

/ Jack Marshall / 5 Comments

Why is the umpire standing on home plate?

In a Mets-Dodgers game a week ago in Los Angeles,  Mets third baseman Todd Frazier leaped into the stands to catch a foul ball. Climbing out, he quickly showed the umpire his glove with the ball in, the umpire signalled an out, and then Frazier tossed the ball to a fan. Did I say the ball? I should have said a ball. The ball Frazier showed the umpire wasn’t the ball hit by the Dodgers’ Alex Verdugo, but a white rubber ball, presumably belonging to a spectator,  that he grabbed after the real one rolled out of his glove during his fall. Frazier claimed that first he thought it was the real ball,  but when he realized it wasn’t, tried to sell the non-catch anyway. And it worked!

“It is Hollywood,” Frazier said later in the week. “Sometimes you’ve got to act out a little bit….I was trying to get out of there as quick as possible. I saw someone pointing at the right ball and I was like, ‘All right, I’m just going to have to play this off.’ I got in the dugout and was telling people I was flabbergasted that I even got away with it.”

There are gray areas is baseball gamesmanship. I wrote an essay about the topic several years ago, and ruled what Frazier did clearly unethical, for several reasons. It was not like the common situation when a player traps a ball in the outfield and acts like he made the play. If the umpire calls an out, the fielder has no more obligation to correct the umpire to the detriment of his team than a batter has an ethical duty to say, “No, ump, that wasn’t a ball four, it was strike three. You missed the call. I’m out.” Frazier actively deceived the umpire by placing the dropped ball in his glove out of the umpire’s sight. Worse, he even used a fake ball to sell the deception. With the exception of the rubber ball, the trick was reminiscent of a famous World Series cheating controversy: Continue reading →

Tennis Ethics: Spectacular Ethics Train Wreck At The U.S. Open

/ Jack Marshall / 45 Comments

 

Wow.

And tennis is supposedly one of the most ethical sports.

This weekend’s U.S. Open women’s final opened up so many cans of ethics worms that they should be squiggling for weeks.

Here is the New York Times report in part:

Anger, boos, tears and an accusation of sexism overshadowed a remarkable victory by Naomi Osaka, a rising star who became the first tennis player born in Japan to win a Grand Slam championship.

Osaka soundly defeated her childhood idol, Serena Williams, 6-2, 6-4, in the women’s final of the United States Open on Saturday, blocking Williams from winning a record-tying 24th major singles title. But the match will long be remembered for a series of confrontations between Williams and Carlos Ramos, the match’s chair umpire, who issued three penalties against Williams in the second set, after Osaka had established her dominance.

The first was a warning after Ramos felt Williams was receiving instructions from her coach, Patrick Mouratoglou, from the stands, which is against the rules. Williams was offended by the implication that she was cheating, and she demanded an apology. Later, after losing a game, she smashed her racket on the court, incurring a second penalty and the loss of a point. Finally, after she called Ramos a “thief” for taking the point from her, Ramos cited Williams a third time, resulting in the loss of a game. Williams’s anger intensified, and she pleaded for help from the tournament referee, Brian Earley, and the Grand Slam supervisor, Donna Kelso….

But what should have been a moment of uninhibited joy for Osaka turned into tears of sadness. The postmatch celebration was tarnished by the angry booing from fans upset over what they perceived as Ramos’s unfair treatment of Williams, and amid the cacophony, amplified by the closed roof because of rain, Osaka pulled her visor down over her face and cried….

In the second game, Ramos spotted Mouratoglou urging Williams to move up, and Mouratoglou conceded that he was, in fact, coaching. But he argued that it is done by every coach in every match and that the warning was the cause of what followed. He said Ramos should have quietly told Williams to inform him to cut it out. “That’s what umpires do all year,” the coach said, “and it would have ended there, and we would have avoided a drama that was totally avoidable.”

Williams approached the chair to tell Ramos that it was a “thumbs-up” gesture and that she would never accept coaching on court, which is against the rules of Grand Slam events. “I don’t cheat to win,” she said in a stern tone. “I’d rather lose.”

During the next changeover, tensions seemed to simmer down during a civil exchange when Williams explained to Ramos that she understood he might have interpreted some coaching, but that none actually existed.

Williams went back on court, held her serve in that game, and then broke Osaka’s serve to take a 3-1 lead in the second set. If she could have consolidated that break, it might have turned the flow of the match. But Osaka broke right back, and after the game ended, Williams destroyed her racket by throwing it to the court in anger. That resulted in a racket abuse penalty, a second code violation, for which the penalty is a point. Osaka would start the next game ahead by 15-0. When Williams realized that, she argued more and demanded that Ramos apologize to her and make an announcement to the crowd that she was not receiving any coaching. Ramos, known for his no-nonsense approach, did not relent.

“You owe me an apology,” Williams said. “I have never cheated in my life. I have a daughter and I stand for what’s right for her and I have never cheated.”

When the next changeover came, with Osaka leading, 4-3, Williams, still visibly distraught over what she perceived as unfair treatment, told Ramos that he had stolen a point from her and called him “a thief.” For that, Ramos gave Williams a third code violation, which meant she lost a game. Without swinging her racket, Osaka was now ahead, 5-3, and one game from the championship. Williams did not appear to realize that Osaka had been given the game until she reached the baseline again. Now fuming, she returned to the chair and demanded to speak to Earley and Kelso. Fighting back tears as the crowd yelled, hooted and booed, Williams pleaded her case. She said the treatment was unfair and argued that male players routinely behave in the same manner without facing penalties.

“There are men out here that do a lot worse, but because I’m a woman, because I’m a woman, you’re going to take this away from me? That is not right,” Williams told one official. Later, at a post match news conference, she accused Ramos of sexism for issuing a code violation for her “thief” accusation….

As the players stood next to each other, fans booed and Williams, seeing how upset Osaka was, moved over and put her arm around the new champion and then pleaded with the fans not to boo.

Osaka, in her speech, apologized to the fans, acknowledging that most of the fans were rooting for Williams in her quest to set a career record.

Now this, from the Sporting News:

Patrick Mouratoglou admitted to coaching Serena Williams during the U.S. Open final, but believes she never received his message….Mouratoglou said he had attempted to help Williams, but added coaching was common in almost every match.”I’m honest, I was coaching. I don’t think she looked at me so that’s why she didn’t even think I was,” he told ESPN.

“But I was, like 100 percent of the coaches in 100 percent of the matches so we have to stop this hypocritical thing. Sascha (Bajin, Osaka’s coach) was coaching every point, too. “It’s strange that this chair umpire (Carlos Ramos) was the chair umpire of most of the finals of Rafa (Nadal) and (his uncle) Toni’s coaching every single point and he never gave a warning so I don’t really get it.”

If you read Ethics Alarms with any regularity at all, you should be able to predict some of the commentary here, if not all of it.

Observations: Continue reading →

Labor Day Ethics Leftovers, 9/4/18: Big Lies, Big Jerks, Big Mistakes [UPDATED]

/ Jack Marshall / 41 Comments

 

Good morning!

1. So, so predictable. Yesterday was fun: I assumed that the post about the undeniable pettiness, incivility and hypocrisy at Senator McCain’s funeral service in D.C. would prompt multiple exclamations of “But…but…Trump deserves it!”, “He’s worse!” and “What about what Trump does?” I was not disappointed. Each one of these desperate efforts to avoid facing the issue discussed and admit reality is signature significance for having crippling flaws in one’s ethics analysis abilities, gaping holes in one’s basic understanding of right and wrong, and a victim of stupidity-inducing bias. Nothing in the post excused or referenced the President’s own conduct in any way.

2. Baseball ethics. No, it is not unethical for pitchers to carry crib sheets. During the top of the eighth inning in Saturday night’s Phillies game against the Cubs in Philadelphia, third base umpire Joe West noticed the Phillies  pitcher looking at a card he had pulled from his pocket, and confiscated it. The card contained scouting reports on how to pitch a Cubs batter. The advanced analytics baseball teams now use to devise how to position fielders and pitch to batters are too detailed for the typical player to commit to memory. Lots of them carry little cheat sheets, sometimes in their hats. Although lots of old school players and tradition-loving fans hate the development, it’s here, and there are no rules against it.

Never mind: Joe West, who is one of the more arrogant and autocratic umpires, felt that the piece of paper constituted a “foreign substance” under the rules, and thus surmised that it was prohibited by the provision designed to stop pitchers from making the ball do tricks by surreptitiously applying K-Y Jelly or slippery elm. Yup, ol’ Joe thought the pitcher, Austin Davis, was  going to use the card to doctor the baseball. Good thinking, Joe! MLB quickly set him straight the next day, announcing that West, as he often is, for he is an awful umpire,  was mistaken.

The fact that West couldn’t figure that out himself, and that he is the longest tenured MLB ump, tells you why we will have robo-umps calling strikes within five years or less.

3. Nah, there’s no mainstream media bias! Today’s nauseating example of mainstream media’s refusal to report and comment on the news objectively comes from the New York Times—Surprise!—which writes sympathetically about the Democratic Party’s dilemma as it tried to derail the Supreme Court nomination of Bret Kavanaugh. There’s no filibuster any more! Multiple Democrats tell the Times how unfair this is. Guess whose name is completely absent from the article? Why, former Senate majority leader Harry Reid, who resorted to the so-called nuclear option to pass Barack Obama’s judicial nominations over Republican opposition. “They are making a mockery of the process, and that is because the No. 1 goal …. is to stack the bench with ideologues, because they know they cannot achieve their goals through the elected branches,” said the Republican leadership at the…no, wait, that quote is from Senator Chuck Schumer of New York, the current Democratic leader. He doesn’t mention that his predecessor is the reason the system is “broken.” At least the Times, in one brief sentence , acknowledge that “Democrats” eliminated the filibuster for federal judges below SCOTUS level. They do not make it clear that this shattered a long-standing Senate tradition, and that it made the GOP follow-up of killing the device for Supreme Court nominations both politically feasible and inevitable.

The Times also does not remind readers that its editorial board applauded Reid’s move at the time. Continue reading →

Rationalization Pop Quiz: What Do Barry Bonds And Elizabeth Warren Have In Common?

/ Jack Marshall / 27 Comments

I wonder how many strategy sessions it took for the supporters and enablers of Senator Elizabeth Warren (D-Mass) to come up with their latest defense of her ongoing lie that she is part Cherokee? We know it’s a lie now—a deliberate misrepresentation designed to deceive—because the Bay State crypto-socialist has refused the obvious resolution of taking a DNA ancestry test….again. You know she’s taken at least one, and maybe more. Being able to wave scientific proof that she had Native  American ancestors after all the “Fauxahontas” jibes would be a political bonanza for Warren, and solve her most daunting public relations problem outside of my home state, the Land of Michael Curley, where corruption, lies and letting young women drown don’t put a dent in your popularity or vote totals, for some reason. Sure, Warren took the test. She probably took another one just in case it was wrong….and she still doesn’t have the integrity or courage to admit her lie.

And that, now and forever, is why her Cherokee fantasy matters. It shows that Warren lies, and lacks integrity. It shows that she was willing to use a falsehood to gain traction in university employment competitions where gender, race and minority status often made all the difference….even if it meant that a real minority candidate failed because of her subterfuge.

Yet those strategy sessions yielded this defense on Warren’s behalf: according to an investigation by the Boston Globe, Warren’s fake Cherokee claim wasn’t a factor in her hiring by Harvard Law School:

The Globe examined hundreds of documents, many of them never before available, and reached out to all 52 of the law professors who are still living and were eligible to be in that Pound Hall room at Harvard Law School. Some are Warren’s allies. Others are not. Thirty-one agreed to talk to the Globe — including the law professor who was, at the time, in charge of recruiting minority faculty. Most said they were unaware of her claims to Native American heritage and all but one of the 31 said those claims were not discussed as part of her hire. One professor told the Globe he is unsure whether her heritage came up, but is certain that, if it did, it had no bearing on his vote on Warren’s appointment.

Perhaps the editors and journalists at the Globe never heard of moral luck, but I bet at least some of those law professors comprehend the concept. Whether or not Warren’s deliberate lie and misrepresentation of her ancestry actually was a factor in her hiring at Harvard was pure chance, and occurred after Warren had embraced a false identity. Once she did that, the consequences were out of her control. Her lie doesn’t become less unethical because it didn’t have any effect after the fact of it. A lot of people have trouble grasping this basic ethical concept, but it isn’t that hard. A person who drops a bowling ball from a bridge onto an express way is just as irresponsible and reckless if the ball misses every thing as he would be if the ball caused a ten car pile-up and the death of ten. He’s just as bad either way, and the rest is all luck. The same is true of Warren’s affirmative action-courting lie. Continue reading →