civil rights

Don’t Cheer Mississippi’s Westboro Baptist Tactics Too Loudly: You Never Know Who Might Hear You

/ Jack Marshall / 26 Comments

"Demonstrators? Just leave them to us."

Sgt. Jason Rogers, who was killed in action in Afghanistan, was buried two weeks ago in Brandon, Mississippi. As is its custom, the Westboro Baptist Church, fresh from U.S. Supreme Court-confirmed constitutional protection, was prepared to sully Sgt. Rogers’ funeral with its usual hateful chants about how God kills our soldiers to punish our sinful, homosexual-loving ways. Its plans were foiled, however, by a little bit of traditional Mississippi social control ingenuity.

A couple of days before the funeral, one of Fred Phelps’ vile cultists boasted about the upcoming protest while visiting a Brandon gas station, and the good citizenry on the scene gave him the sound beating they felt his sentiments warranted. Continue reading →

The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price

/ Jack Marshall / 38 Comments

"Oh, all right...as long as we like the decision."

Thanks to the Judge Walker controversy, now have proof that the best legal ethicists in the nation are human. I suppose that’s something.

My colleagues in the legal ethics field are arguing—decreeing, really— that Judge Vaughn Walker’s decade-long same-sex relationship didn’t need to be disclosed before he ruled against Proposition 8 (California’s voter-approved gay marriage ban) because, they say, it created no reasonable doubts about his impartiality. Coincidentally, they also really, really like his decision. But then, so do I. Continue reading →

Judge Walker Was Wrong

/ Jack Marshall / 27 Comments

Now that we know about Bert, should Judge Ernie have recused himself?

Judge Vaughn Walker, the Federal District judge who a year ago ruled California’s Proposition 8, which banned same-sex marriages, unconstitutional, was wrong. No, not about the law, which is pretty clearly unconstitutional: his opinion was fair and well-reasoned, and is likely to be upheld on appeal. Walker was ethically wrong in his handling of the delicate issue of his own sexuality, which had raised a controversy about his objectivity and ability to be impartial.

Two weeks ago, following his retirement from the bench, Walker publicly disclosed for the first time that he has been in a same-sex relationship for the past ten years. This changes the analysis regarding the propriety of his ruling on Perry v. Schwarzenegger. Walker had long been rumored to be gay; supposedly “everybody” knew he was gay. My position, as well as that of many others considering the arguments of anti-gay marriage opponents that he should recuse himself, was that sexual orientation could not and should not create a presumption of bias, any more than gender, age, race or marital status. Continue reading →

Obama’s Quality of Mercy: Strained

/ Jack Marshall / 7 Comments

President Obama finally pardoned somebody who wasn’t a turkey last week, but not before he became slowest Democratic president in U.S. history to use Article II of the Constitution to right a judicial wrong or just exercise his power to demonstrate  the ethical virtue of mercy. His choices for pardons could not have been more tepid, however, prompting a withering blog post by Prof. P.S. Ruckman, who champions the pardon power, and keeps meticulous score.

Ruckman had predicted that Obama would end the pardon drought as soon as December hit, noting that recent presidents used the Christmas holidays as a convenient pardon prop. But he is outraged at the small number of pardons, writing,

“Can President Obama say “no?” Yes, he can! Continue reading →

Obama’s Halftime Pardon Score: Turkeys 2, Human Beings 0

/ Jack Marshall / 5 Comments

As of last Wednesday, President Obama has pardoned more turkeys than human beings. He has continued the cutesy presidential tradition of bestowing a presidential pardon on a turkey destined for the Thanksgiving table each November of his two years in office, but is approaching a presidential record for the most days in office before finding a U.S. citizen equally worthy of mercy and forgiveness.

There are reasons for this, but no excuse….not from a President who loaded up his White House with Czars overseeing every conceivable White House priority (Why no Pardons Czar?), not from a President who has criticized the disparate, unfair and racially-tinged penalties for crack cocaine over the powdered variety favored by the white middle class, not when are so many worthy candidates for mercy, most with families whose lives could be infinitely enhanced by the ten seconds it takes for Barack Obama to sign his name. Continue reading →

The Supreme Court Rejects a Bad Argument

/ Jack Marshall / Leave a comment

The U.S. Supreme Court has turned down the appeal of Massachusetts prison inmates who argued that the 1964 Voting Rights Act guaranteed them the right to vote. Continue reading →

The Ethics of Killing Theresa Lewis

/ Jack Marshall / 2 Comments

There were five arguments for not executing murderess Theresa Lewis, who just became the first woman put to death by Virginia in almost a century. Four of the arguments were flawed, but one was not. And one should have been enough to save her life. Continue reading →

Ethics Quote of the Month: Judge Vaughn Walker

/ Jack Marshall / 1 Comment

His opinion declaring the voter-approved ban on same-sex marriages in California unconstitutional is here.

The opinion really begins on page 110. Opponents of the opinion are calling it “judicial activism,” “overturning the will of the people,” and “ruling by fiat.” Don’t buy it. The judge logically, fairly and appropriately explains why withholding the basic right of marriage from same-sex couples is a violation of essential values and American principles of ethics and law. Forget about the pundits and the spin: read what Judge Walker wrote.

“Genetic Surveillance” and Law Enforcement Ethics

/ Jack Marshall / 3 Comments

The “Grim Sleeper” serial killer was caught because California authorities found a partial DNA match with an individual in its database. That meant that the killer was probably related to the owner of that DNA, and indeed he was. We see this approach on the various “C.S.I” shows, but in real life using family DNA to identify a criminal is relatively rare, because only two states, Colorado and California, permit a  “familial search,” the use of DNA samples taken from convicted criminals to track down relatives who may themselves have committed a crime.

Why only two? The science is reliable, and a familial search can narrow the pool of suspects to the point where solving a crime becomes inevitable. Nevertheless, civil libertarians argue that the technique raises privacy concerns. Michael Risher, a lawyer with the American Civil Liberties Union of Northern California, told the New York Times there was the possibility of innocent people being harassed in the pursuit of a crime. “It has the potential to invade the privacy of a lot of people,” he said. Continue reading →

The Justice Department’s Voter Intimidation Cover-Up: The Blue Line Breaks

/ Jack Marshall / 8 Comments

The Holder-Obama Justice Department’s efforts to impose racial bias on its enforcement of the voting rights laws are no longer in the shadows, protected by the “blue line” of liberal leaning news media. Finally, after a week of ignoring a story that should have been reported immediately, the media’s efforts to confine the accusations of former Justice Department Civil Rights attorney J. Christian Adams to conservative blogs and Fox began to crack. Today the New York Times and CNN reported the story, and will have a little easier time explaining away their tardiness as something other than naked political bias than the Washington Post, the major networks, and others.

But not much easier. Continue reading →