civil rights

The Legal Profession’s Failure Of Professionalism Regarding Gay Marriage

/ Jack Marshall / 22 Comments

blind_justice

Charles Green helpfully sent me the link to today’s New York Times piece documenting how…

“the imbalance in legal firepower in the same-sex marriage cases resulted from a conviction among many lawyers that opposition to such unions is bigotry akin to racism. But there were economic calculations, too. Law firms that defend traditional marriage may lose clients and find themselves at a disadvantage in hiring new lawyers.”

“Am I right that something’s quite amiss here?” he asks. Indeed he is, and I’ve touched on it before.

There are several factors at work here, but the result is deplorable, and indictment of the corrupt values of the legal profession. One of the factors is bias, and it is a bias that the lawyers themselves are either unaware of,  or are unwilling to avoid its effects as their professional codes of ethics require.

The majority of high-powered lawyers hail from urban centers where liberal culture flourishes among the wealthy, the powerful and the influential. These are cosmopolitan lawyers, sophisticated and urbane, who have gay colleagues, gay friends and gay children. They are less likely to be religious, and more likely to have contempt for those who are. Combine with them the legal academics who drive consensus on legal ethics matters—like most academics, they have marinated in the extreme leftist attitudes of U.S. academia—and it becomes clear why, as Michael W. McConnell, a former federal appeals court judge who teaches law at Stanford, tells the Times, “The level of sheer desire to crush dissent is pretty unprecedented.”

I noticed this in 2011, when the legal ethicists I follow, know and debate with decreed virtually en masse that a judge who was not only gay himself but in a long term domestic relationship with his partner had no ethical obligation to recuse himself before he issued the decision on the constitutionality of California’s anti-same sex marriage Proposition 8. Nor did they feel he was ethically obligated to disclose his situation before ruling. I wrote: Continue reading →

Proof Of Evolving Ethics Enlightenment: Bert The Cop Would Have Shot Walter Scott In The Back Too

/ Jack Marshall / 12 Comments

For those who think that our ethical sensitivities don’t evolve for the better over time, I prescribe a careful viewing of that family classic, “It’s A Wonderful Life.”

At the film’s climax, George Bailey, the self-sacrificing hero who has been granted his inadvertent wish to see what the world would be like if he had never been born, finds the love of his life and (in the life he has given up for this dystopian hell) the mother of his children now unmarried, alone and working as a librarian despite the fact that she looks like Donna Reed. He embraces her, and since she’s never met him in this alternate reality, she screams, believing she is being sexually assaulted by a madman. Kind, jovial police officer Bert is summoned to quell the ruckus, and George, who is a bit upset, punches him in the face to avoid arrest, and runs away. Bert then takes out his pistol and fires it at George repeatedly.

He’s a lousy shot.

In 1946, when audiences first saw this film, nobody thought there was anything unusual about Bert’s professional conduct. Many, many films right through the 1960s show police officers, “good guys,” even ones not trapped in a strangely mean alternate reality like Ward Bond’s Bert, shooting at fleeing suspects or criminals. That was considered appropriate police procedure then, and the public, society and U.S. culture saw nothing amiss. You were expected, as a good citizen, to submit to a police officer’s lawful authority. If you resisted arrest and ran, then it was fair and reasonable for the officer to shoot you, ideally after a “Stop or I’ll shoot!” warning. Indeed, many people were shot, and killed, this way. If it was news, it wasn’t on the front page, and it wasn’t considered any kind of an outrage.

Now consider the public and media reaction to Michael T. Slager’s shooting of Walter Scott. We now know that Scott was resisting arrest: he had a bench warrant out on him for non-payment of over $18,000 in child support, and Slager was trying to bring him into custody. Instead of doing as the officer demanded, Scott resisted and ran. Burt would have shot at his back too; the difference is that Slager is a better shot, and George was faster. Slager, however, is completely reviled across the country; even his own lawyer found him so repugnant that he refused to represent him.

That represents a massive shift in cultural values in a little over half a century. Continue reading →

Unspoken Ethical Quote Of The Month: Outgoing U.S. Attorney General Eric Holder

/ Jack Marshall / 26 Comments

Attn. General Holder Testifies At Senate Judiciary Hearing On Justice Dept Oversight

“No, I respect the motives and intentions of my critics. Those who have opposed me genuinely disagree with my philosophy and approach to the job, and I would never denigrate them by attributing their opposition to race, bias, or anything but the same passion and belief in their goals for the nation that I have in mine.”

—What Attorney General Eric Holder could have and should have answered in his “exit interview” with Politico’s Mike Allen, in answer to the question, “Now, there clearly have been times …when you have felt disrespected on Capitol Hill. How much of that do you think relates to race?”

Holder didn’t answer this way, however.

Holder is black, and consistent with the message that has been trumpeted from the White House, Democrats, the Congressional Black Caucus, and Presidential advisor and Holder consort Al Sharpton for more than six years, any and all problems, criticism, misfortune or failure affecting African Americans can plausibly, reasonably, credibly, and advantageously be attributed to racial bias or outright racism.

Thus Holder’s actual answer to Allen was…

“Yeah, there have been times when I thought that’s at least a piece of it.”

Continue reading →

Extreme And Deluded Doesn’t Mean “Dangerous”…Or Is The Real Threat Something Else?

/ Jack Marshall / 42 Comments

Texas-Police

The Republic of Texas, as an intriguing  YouTube documentary explains, is a small separatist group in the Lone Star State that maintains its own quixotic mini-government, including official currency, a president, a legislative body and even “courts.” Its senators and president gathered in the center of a Bryan, Texas, meeting hall, surrounded by curious or sympathetic onlookers, to debate issues of the national currency, develop international relations and celebrate the birthday of one of their oldest members. Suddenly one of the onlookers stood opened the hall door, letting in an armed force including the Bryan Police Department, the Brazos County Sheriff’s Office, the Kerr County Sheriff’s Office, Agents of the Texas District Attorney, the Texas Rangers and the FBI. It was a raid. The twenty  officers rounded up, searched and fingerprinted all 60 meeting attendees, and seized all cellphones and recording equipment.

What triggered such a frightening show of force? It was an elephant gun-flea response to the fact that the Republic of Texas had issued a “summons” to a Kerr County judge and another to a bank employee, ordering them to appear in the Republic’s court at the Veterans and Foreign Wars building in Bryan the day very the officers burst in on the group’s “congress.”

“You can’t just let people go around filing false documents to judges trying to make them appear in front of courts that aren’t even real courts,” Kerr County sheriff Rusty Hierholzer told the media. Ah. Some deluded club members engage in overreach while pretending that they have founded a new government rather than an eccentric social group–sending a bogus but sincere summons is a misdemeanor at worst—and this is seen as just cause for an armed raid? Hierholzer said he needed an army to serve a search warrant for suspicions of a misdemeanor, because there was a 1997 incident where 300 state troopers had an stand-off with well-fortified Republic of Texas leader with mayhem on his mind.

I have no sympathy with secessionists, militias, or other such groups. They are, however, engaged in the grand American tradition of opposing authority, complaining about the state of the nation, and gathering with others of a like mind to see if they can fix what’s wrong. The government putting a police-state scare into such groups, showing contempt for them and treating them like terrorist cells is un-American, in contrast. It’s harassment, and an attempt to discourage lawful dissent and to chill Constitutional rights. Continue reading →

A Presidents Day Celebration (PART 3): When The Going Got Tough

/ Jack Marshall / 49 Comments

 presidents.

The Presidents really get interesting now, as a political leadership culture in the U.S. matures, the stakes of failure become greater, and technology, labor upheaval, expanding big business and greater influence on world affairs transforms the Presidency into truly the toughest job on earth.

Grover Cleveland

grover

Another one of my favorites, Cleveland was known for telling the truth ( he as called “Grover the Good”), but he participated in one of the most elaborate deceptions in Presidential history.

As explained in historian Matthew Algeo’s 2011 book, “The President Is a Sick Man,”  President Cleveland noticed an odd bump on the roof of his mouth in the summer of 1893, shortly after he took office for the second time. (Cleveland is the only President with split terms, the hapless Republican Benjamin Harrison winning an electoral college victory that gave him four years as the bland filling in a Cleveland sandwich.) The bump was diagnosed as a life-threatening malignant tumor, and the remedy was removal. Cleveland believed that news of his diagnosis would send Wall Street and the country  into a panic at a time when the economy was sliding into a depression anyway, and agreed to an ambitious and dangerous plan to have the surgery done in secret. The plan was for the President to announce he was taking a friend’s yacht on a four-day fishing trip from New York to his summer home in Cape Cod. Unknown to the press and the public was that the yacht had been transformed into a floating operating room, and a team of six surgeons were assembled and waiting.

The 90 minute procedure employed ether as the anesthesia, and the doctors removed the tumor, five teeth and a large part of the President’s upper left jawbone, all at sea. They also managed to extract the tumor through the President’s mouth while leaving no visible scar and without altering Cleveland’s walrus mustache. Talking on NPR in 2011, historian said,

“I talked to a couple of oral surgeons researching the book, and they still marvel at this operation: that they were able to do this on a moving boat; that they did it very quickly. A similar operation today would take several hours; they did it in 90 minutes.”

But the operation was a success. An artificial partial upper jaw made of rubber was installed to replace the missing bone, and Cleveland, who had the constitution of a moose, reappeared after four days looking hardy and most incredible of all, able to speak as clearly as ever. How did he heal so fast? Why wasn’t his speech effected? He endures doctors cutting out a large chuck of his mouth using 19th century surgical techniques and is back on the job in less than a week? No wonder nobody suspected the truth.

Then, two months later, Philadelphia Press reporter E.J. Edwards published a story about the surgery, thanks to one of the doctors anonymously breaching doctor-patient confidentiality. Cleveland, who in his first campaign for the White House had dealt with Republican accusations that he had fathered an illegitimate child by publicly admitting it, flatly denied Edwards’ story, and his aides  launched a campaign to discredit the reporter. Grover the Good never lies, thought the public, so Edwards ended up where Brian Williams is now. His career and credibility were ruined.

Nobody outside of the participants knew about the operation and the President’s fake jaw until twenty-four years later, after all the other principals were dead except three witnesses.  One of the surgeons decided to  publish an article to prove that E.J. Edwards had been telling the truth after all.

This is a great ethics problem. Was it ethical for Cleveland to keep his health issues from the public? In this case, yes, I’d say so. Was it unethical for the doctor to break his ethical duty? Of course. Was Edwards ethical to report the story? Sure.

The tough question is: Was Cleveland ethical to deny the story and undermine the reporter’s credibility? I think it was a valid utilitarian move, and barely ethical: it was better for the nation to distrust one reporter than the President, especially when his secret was one he responsibly withheld, and his doctor unethically revealed. Continue reading →

.5 Cheers For The Justice Department Deciding To Be No More Biased, Divisive And Unethical Regarding Michael Brown’s Shooting Than It Already Has Been

/ Jack Marshall / 13 Comments

one cheer

The Justice Department has reportedly decided not to bring civil rights violations charges against former Ferguson police officer Darren Wilson in the death of Michael Brown. This is not exactly a surprise, since there was no justification, based on known evidence, for opening an investigation in the first place. Still, the decision does show that there are unethical depths to which Eric Holder’s race-obsessed, partisan and untrustworthy regime won’t sink to.

It was obvious to all objective observers that the original announcement, in the wake of the grand jury’s decision not to indict Wilson, that the Justice Department was investigating possible civil rights violations was pure race identification politics at its worst. The Justice Department is supposed to be non partisan. It is supposed to build trust in the system, not undermine it. It is supposed to be objective and fair, and not prejudge or take sides until the facts are known. Never mind: all of that and more was thrown aside, openly and with fanfare, in the Ferguson Ethics Train Wreck.

Holder met with Brown’s parents. He consulted openly with Al Sharpton, who was, and is, claiming that Brown was gunned down for being black. Holder’s department sent representatives to Brown’s funeral. Holder’s decision to investigate whether to seek a civil rights violation indictment was interpreted as a statement that the Ferguson grand jury that refused to prosecute Wilson was itself racially biased, though the evidence released proved that was not the case. The investigation sent a cynical, divisive message that a black President and a black Attorney General were going to stand with “their” people, and the conclusions of a “mostly white” grand jury be damned. The decision seemed to validate, as it was fully intended to, the protests, the anger, the riots, and the “Hands Up! Don’t Shoot!” lie.

However, as we knew, and know, and as Holder’s attorneys knew, the evidence was never there, and never was going to be there. Thus Justice is finally doing the right thing, after intentionally doing the wrong thing to show beyond any shadow of a doubt what side they are on, as an agency of all the people that is pledged to only be on one side, that of blind and color blind justice. Instead, Holder’s minions chose to subject Wilson, and by extension his profession, the police, months of injustice to demonstrate politically useful solidarity with Brown’s parents, who accused their country of racism before the United Nations, and Al Sharpton, whose bar for proving racism is set low enough to call the Academy Awards bigoted for not nominating the actors he would nominate. It was not willing, apparently, to go so far as to hold a trial in which the United States would be thoroughly embarrassed, because it had nothing to prosecute on.

Yes, I’ll compliment Holder and the Justice Department for doing the right thing that they made necessary by months of unethical conduct. Good for them. They were not as unprofessional and atrocious as they might have been.

With this Justice Department, that qualifies as progress.

The Destructive, Useful, Unethical Presumption of Bigotry, Part 2: The Oscar “Snub”

/ Jack Marshall / 13 Comments

selma-4

For the second time in nearly two decades, and for the first time since 1998, the Oscars will be awarded to only white acting nominees. This, then, if you listen to the caterwauling race-baiters, is because Hollywood is racist. The Academy’s voters just hid it well since 1998, that’s all. Does that make any sense to you?

There are few more infuriating and transparently illogical examples of an unfair slapping down of the race card than looking for bigotry in the notoriously arbitrary, bias-soaked, essentially meaningless choices for “best” in the various Academy Award movie-making categories. Yet the race card sharks were up to the task.  Naturally, the authority on the subject was Al Sharpton, he whose own performance quality on his MSNBC TV show is so amateurish that it would be shut out in any community theater awards.

“In the time of Staten Island and Ferguson, to have one of the most shutout Oscar nights in recent memory is something that is incongruous,” Sharpton told The Daily News. Wait, what??? Incongruous is the assertion that the nominations for film-making excellence should be influenced in any way by how many blacks are killed resisting arrest. Anyone who finds that to be a logical argument for why more black actors should have been nominated for Oscars is useless to any rational discussion of the issue. I want a show of hands. Continue reading →

Comment of the Day: “Of The Good Muslim, Paris, ‘1984’, And The Compulsion To Deny The Truth”

/ Jack Marshall / 11 Comments

Mulsim women

Left-of-center Ethics Alarms follower deery gets a lot of heat on Ethics Alarms, but he has a much-valued knack for spawning edifying exchanges. In this reply to one of his comments arguing that Christianity and Islam near equivilency in their more extreme positions, Ulrike delivers the Comment of the Day, in the battle following the post, “Of The Good Muslim, Paris, ‘1984’, And The Compulsion To Deny The Truth.”

Here it is:

I’d like to make the claim that 1300 years ago, in almost any society women were the losers but now the distinction can be seen by anyone who has eyes. Christians moved on from those times and their nations became successful world powers. On the other hand, oil seems to be the main driving force behind anything in the Arab League.

And yes, in the beginning Islam had a positive influence on the scientific community in so far as it united the Arabic world which up to that date was splintered into tribes. Arabic became the lingua franca and facilitated the trade of knowledge and commodities. The Arabs become the driving force in translating ancient Greek literature – I could go on and on, the list is long, but I’m too lazy. So while we still lived like Neanderthals, the Arabic world had flourishing cities that were the trade centers of the Orient.

Now here’s the rub: The decline of science and the renunciation of modernity can also be attributed to Islam. How can that be, when I just stated that it was a major factor in the rise of science. Well, not Islam as a religion facilitated this rise but its role in uniting the arabic world economically and territorially. But when the Muslim faith came to be the established force behind everything and anything its disciples started to consolidate the belief that science was equal to renouncing Allah.

If you set yourself the task to name any invention in medicine, chemistry, physics or engineering from the last two hundered years that originated in the Arabic world – you have your answer which faith benefited progress more. Christian society developed towards modernity and Muslim society turned away from it… Continue reading →

Comment of the Day: “Of The Good Muslim, Paris, “1984”, And The Compulsion To Deny The Truth”

/ Jack Marshall / 25 Comments
This was Jeff's submission for "Everyone Draw Muhammad" Day. He's a dead man.

This was Jeff’s submission for “Everyone Draw Muhammad” Day. He’s a dead man.

Long, LONG-time commenter Jeff H., himself a cartoonist, weighs in in the controversy discussed in the previous post, regarding efforts to exonerate radical Islam from any responsibility for the terrorist attack against a French satire publication.

In answer to his final question, I would respond: “It’s true, that’s all.” And yes, I think it’s clear that Muslims are more likely to engage in violent terrorism than other faiths, at least at this time.

Here is Jeff’s Comment of the Day on the post “Of The Good Muslim, Paris, “1984”, And The Compulsion To Deny The Truth”:

Here are my thoughts on it: if you think it would avail you any to talk to one of the men who perpetrated this act and say, “It’s OK! You’re not really Muslim!”, then you can go ahead and say they’re not Muslims.

If you ARE a Muslim who notices the hypocrisy in someone claiming to be a Muslim carrying out an act of terror in defiance of parts of the Koran, I wouldn’t have a problem with them saying he’s not a Muslim.

I saw someone call them “pretend Muslims,” and I sort of like that term, but that sort of implies that they don’t believe in the faith itself, and that’s not really for anyone to say. But if we’re calling them pretend Muslims because they don’t adhere to the parts of the Koran that would mitigate violence, they could call everyone else pretend Muslims for not participating in violence. Or, those who have intercourse before they’re married and trim the edges of their beards could be called “pretend Christians.” Let’s see how far that goes.

I really hate to hand it right to the jerks who will use this against the vast majority of peace-loving Muslims, but trying to deny it just kicks the can down the street. Pretending not only that it has nothing to do with it, but that it doesn’t even exist, ends up having the equal and opposite reaction on the other side that insists all Muslims secretly crave violent revolution.

What is especially bothersome is when people are like, “well, they’re Muslims, what do you expect?” I hate to cry ‘racist,’ but… that is totally racist. It is racist to assume that Muslims are not expected to control their anger, or that they cannot help themselves because of their ethnic background. This is why I was furious when I heard people hoping the perpetrators of the Boston bombing would turn out to be white.

Congratulations, you wretched tin-eared pinheads. You got your wish. The Tsarnaevs were white. They were Caucasian MUSLIMS from Chechnya. I hope that makes some kind of difference to you.

But just because jerks will use this to blame all Muslims (which is deeply regrettable), that doesn’t mean the response is to pretend Muslims are incapable of violence. That’s just carrying water for the next person of any belief who wants to do something unspeakable to their next critic.

What I want to see is a statistical analysis of acts of violence like this, the alleged beliefs of the perpetrator, and see if any group of beliefs makes someone more likely to do something like this. The goal is not to attempt to smother any belief except the belief that your opinion gives you the right to hurt someone else.

Yes, those who perpetrated this attack identified themselves as Muslim. Now the question is: “So what?”

Of The Good Muslim, Paris, “1984”, And The Compulsion To Deny The Truth

/ Jack Marshall / 49 Comments
"Now listen carefully: those aren't Muslims. Muslims are good. If someone is bad, he isn't a Muslim. Trust me. There is nothing to fear from Muslims. But FOR GOD SAKE DON"T PUBLISH THAT CARTOON OR THEY"LL %$#&! KILL YOU!!!"

“Now listen carefully: those aren’t Muslims. Muslims are good. If someone is bad, he isn’t a Muslim. Trust me. There is nothing to fear from Muslims. But FOR GOD SAKE DON”T PUBLISH THAT CARTOON OR THEY”LL %$#&! KILL YOU!!!”

Oddly, nobody is refusing to call Lassana Bathily a Muslim, perhaps because he is one, but also because he’s a good Muslim, as most are.

He is the young clerk at a Paris Kosher grocery store who saved several people by hiding them in a walk-in freezer when a gunman began shooting up the store on Yesterday. Actually, I don’t see why his religion is relevant in the least, but that is leading most news reports front and center.

The terrorists who mounted a bloody attack on the satiric publication Charlie Hebdo, however, and who did so while spouting Islamic slogans as planned revenge on cartoonists for engaging in blasphemy against Mohammed, should not be called Muslims. Why? Because they’re not good, you see. Since they’re not good, ignorant and hateful bigots in the United States will attribute their characteristics to all Muslims, and use this as an excuse to harass discriminate and persecute them.

Howard Dean, who is the left’s answer to Sarah Palin: you interview him knowing he will say something that drives conservatives nuts, immediately clarified the rules:

“You know, this is a chronic problem. I stopped calling these people Muslim terrorists. They’re about as Muslim as I am. I mean, they have no respect for anybody else’s life, that’s not what the Koran says. …But I do not think we should accord them any particular religious respect, because I don’t think, whatever they’re claiming their motivation is, is clearly a twisted, cultish mind.”

Continue reading →