Morning Ethics Warm-Up, 2/24/2021: The Sarcasm Edition

First appearance in 2021 of my favorite Ethics Warm-Up intro. Maybe that’s why 2021 ethics has gotten off to such a rotten start…

In addition to its significance in the siege of the Alamo, yesterday’s date of February 24 has other important ethics markers, perhaps some more important than Travis’s iconic letter. Perhaps the most impact on U.S. history was this date in 1803, when Chief Justice John Marshall (no relation that has been shown to my satisfaction) handed down the landmark decision in William Marbury v. James Madison, Secretary of State of the United States, establishing the legal principle of judicial revie. That’s what gives the Supreme Court the authority to limit Congressional power by declaring legislation unconstitutional. I doubt very much that the United States would still exist as a free republic had not that case been decided as it was, yet the result was probably dictated more by partisan politics than philosophy.

Marshall, in his majority opinion, declared that acts of Congress in conflict with the Constitution are not valid law and therefore are non-binding on the courts, and that the judiciary’s first responsibility is always to uphold the Constitution. And if two laws conflict, Marshall wrote, SCOTUS has the responsibility of deciding which law applies in any given case. Periodically members of Congress, pundits and even academics have criticized the decision, but there can be little doubt that had Marshall not led the Court to make this stand, the Constitution and the Bill of Rights would have been quickly shredded.

This is particularly relevant now, when the Democrats in Congress have signaled that they want government authorities to decree what is factual and what is “disinformation,” while they also seek to weaken Second Amendment rights. Incidentally, there is a prominent statue of Marshall at the Supreme Court, and a recast in John Marshall Park, near Judiciary Square, also in D.C. Another recast is in Philadelphia. Marshall owned hundreds of slaves, which is entirely irrelevant to his essential influence on our government and values. Clearly, many, perhaps most, of the college students in the U.S. would prefer that a non-slave owner had headed the Court, even if it resulted in a nation that slipped into allowing the virtual slavery of all citizens to a national government that “knew what was best.”

1. Oh, sure. Why not? We all know that committees are so effective at leadership. A letter signed by three dozen House Democrats urge Joe Biden to relinquish full control over the country’s nuclear weapons in favor of a committee of legislators. “…Vesting one person with this authority entails real risks,” states the letter, inspired by Rep. Jimmy Panetta of California. “Past presidents have threatened to attack other countries with nuclear weapons or exhibited behavior that caused other officials to express concern about the president’s judgment.While any president would presumably consult with advisors before ordering a nuclear attack, there is no requirement to do so,” the letter adds. “The military is obligated to carry out the order if they assess it is legal under the laws of war. Under the current posture of U.S. nuclear forces, that attack would happen in minutes.”

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Tuesday Ethics Torture, 2/23/21: Stevey’s Going, Peter Suprises, Ian Shrugs, And California Dictates…

Torture of Brinvilliers, 17th Century

I spent a half-hour searching for ethics stories that made me feel good. All I found was more sources of gloom and depression. I have a headache, and no matter how many times I play, “Zing! Went the Strings of My Heart!,” it doesn’t male me want to laugh, gambol and frolic….

1. Normally the baseball season’s impending approach would cheer me up, as it has for more than 50 years (and that’s another damn thing—I can’t possibly be that old), and this time, nothing. It’s like I’m dead inside. The twin curses of the Boston Red Sox pandering to Black Lives Matter and the team’s rehiring of a proven, and as far as I can see, unrepentant cheater as manager have apparent sucked all of the joy out of what has been a lifetime passion. Now I’m bothered more by the flaws that once I would have shrugged off, like this one: Ian Desmond, a 35-year-old outfielder with the Colorado Rockies, has “opted out” of playing for the second straight season.

“For now, I’ve decided to opt out of the 2021 season,” Desmond wrote on Instagram. “My desire to be with my family is greater than my desire to go back and play baseball under these circumstances. I’m going to continue to train and watch how things unfold.” Between the two seasons, the player has now walked away from a combined $13.56 million. He was owed $8 million this year and was set to make $5.56 million of his prorated $15 million salary last season, though the Rockies have a $2 million buyout for 2022.

Desmond, 35, hit .255 with 20 homers in 140 games in 2019. He’s not special. Yet he has made so much money in a slightly above average career that he can afford to toss away millions of dollars. An industry that pays its workers so much that they have no financial incentive to work makes no sense, and any team that would keep a player like Desmond, whose attitude is, “Eh, I don’t feel like playing baseball…maybe later,” is foolish. He’s healthy, relatively young, and his risks of serious health problems from the Wuhan virus are slim: my grocery store clerks face greater risks by far. Yechhh.

2. Slippery Slope Warning! The slippery slope is both a phenomenon and a fallacy, as when someone objects to something benign by arguing that it creates a theoretical slippery slope that is not benign. Of late however, the assault of the Woke has made slippery sloping a national pastime, particularly involving slopes that lead governments to dictate all manner of conduct that should be none of its damn business.

For example, in California, good little brain-washers Evan Low and Cristina Garcia introduced Assembly Bill 1084 to require gender neutral retail departments. The bill would add Part 2.57 (commencing with Section 55.7) to Division 1 of the Civil Code, to be titled “Gender Neutral Retail Departments.” The bill would enact a regulation based on “legislative findings” that there are unjustified differences in similar products traditionally marketed either for girls or for boys. Thus the bill, on the theory that it will be easier on the consumer if similar items are displayed closer to one another in one, undivided area of the retail sales floor, mandates eliminating gender distinctions in clothing sales. In addition, keeping similar items that are traditionally marketed either for girls or for boys separated incorrectly implies that their use by one gender is inappropriate, the bill claims/

Ah! Illegal implication. Can’t have that!

I would assume that even an idiot could see that this is government indoctrination and has zero to do with serving consumers. If a retail company chooses to market clothing as unisex, they should go for it, but it is not the role of government to dictate how merchandise is displayed.

California is a contagious carrier of terrible and infectious ideas. The other states should be wearing big masks…

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Enforced Ideological Conformity: The Unethical Firing Of Gina Carano

Gina

Gina Carano, the actress who plays Cara Dune on Disney+’s “The Mandalorian,” was fired by Lucasfilm. I saw the note yesterday, and the company’s explanation which was that Carano’s

“…social media posts denigrating people based on their cultural and religious identities are abhorrent and unacceptable.”

From this I presumed that the actress had posted something that was racist or otherwise bigoted and hateful—constitutional speech, but not a public opinion that an organization dependent on widespread public favor is obligated to tolerate from its employees. Then today, I saw what she wrote, which was,

“Because history is edited, most people today don’t realize that to get to the point where Nazi soldiers could easily round up thousands of Jews, the government first made their own neighbors hate them simply for being Jews. How is that any different than hating someone for their political views?”

She did not denigrate anyone based on their cultural and religious identities. LucasFilm’s statement is a lie, and indeed is very close to defamation. Carano should sue. Meanwhile, Pedro Pascal, who plays the Mandalorian in the same series, tweeted out this idiocy in 2018:

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The Unethical And Divisive Nomination Of Kristen Clarke [Updated]

Biden tweet4

Well so much for THAT pledge.

Seeking to avoid the politics of division and the to restore respect for the rule of law, President Biden (or someone pulling his strings) has, ironically, nominated Kristen Clarke to head the Justice Department’s Civil Rights Division. In January, with this post, Ethics Alarms urged fairness after a letter surfaced from Clarke’s college days espousing anti-white racist attitudes:

….that letter to the Crimson from 27 years ago should not, by itself, disqualify Clarke for national service. Students say and write a lot of foolish stuff in college; that’s part of what it is for. Student presidents of niche campus groups like BALSA are expected to say extreme things….However, that letter is pure black supremacy, and thus racist. In the hearings on her fitness to lead the Civil Rights division, which requires no bias for or against any race, she must be asked about the letter and, under oath, rebuke its assertions to the satisfaction of all.

Now we know, however. That letter was not just young, raw, still-learning Kristen Clarke. That is Kristen Clarke. The career NAACP lawyer has a history of opposing civil rights prosecutions of black defendants. She criticized the Justice Department for bringing a complaint against an African-American party boss in Mississippi who worked to suppress white votes.

A federal judge found that political boss Ike Brown violated the Voting Rights Act by suppressing white votes in a rural Mississippi county where whites are the minority, directing election workers to count deficient absentee ballots from blacks but disqualify ballots from whites. Brown also was shown to have held biased and manipulated caucuses in the homes of friends and supporters.

According to 2010 testimony from Justice Department official Christopher Coates before the U.S. Civil Rights Commission, Clarke “spent a considerable amount of time criticizing the [civil rights] division and the voting section for bringing the Brown case.” He described Clarke as a civil rights litigator who believes “incorrectly but vehemently that enforcement of the protections of the Voting Rights Act should not be extended to white voters but should be extended only to protecting racial, ethnic, and language minorities.” Like, for example, her.

President Biden nominating such a racially biased individual to lead a civil rights division that must serve all Americans is an audacious and defiant example of doing the opposite of what one claims to be. It is a good time to recall this tweet:

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Another Totalitarian Tell: In The House Of Representatives, Only One Party Has To Obey the Rules. Now What?

metal detector

I will not accept this, and if you do, have your prison jump-suit measured.

You’ll be needing it.

Last week, Democrats in the House passed a new rule requiring members to pass through a metal detector before they entered the House floor. After all several Democrats said they were all scared and stuff of those scary GOP members who support the Second Amendment. Some of them even own those evil guns! ,

Some House members tried evading the metal detectors and entered through what’s known as “the speaker’s lobby,” so Speaker Pelosi began issuing fines for that. Rep. Louis Gohmert was fined $5,000 after briefly leaving the floor to go to the bathroom. Then Rep. Rodney Davis (R-Il) —if it had been a Democrat, we never would have heard about it—caught Pelosi herself entering through the speaker’s lobby and avoiding the detectors. Because metal detectors are for the little people. The beaten people. The submissive or soon to be. Sort of like electric collars.

Fox News (of course Fox News-–you don’t think any of the regime supporting media sources would dare report this, do you?) said:

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Comment Of The Day: “Oppressing The Twitter Troll”

censorship cartoon

This is Glenn Logan’s Comment of the Day on the post, “Oppressing The Twitter Troll”:

I always like to look at the law, and at the charges, to see if they are particularized and actually allege a violation.It seems to me the particular law at issue is 18 U.S. Code § 241 – Conspiracy against rights. The relevant text would seem to be paragraph 1:

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; orIf two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

What the government is alleging here, apparently, is essentially a conspiracy to cyber-bully. Attempting to convince others to vote a certain way or not to vote at all is called “electioneering” and is not only legal in the United States, but protected speech under the First Amendment, as well as widely practiced by all political parties 24-7-365, legally and peacefully. The law criminalizing conspiracies to deprive persons of rights was passed during the civil rights era and was plainly directed at the Klu Klux Klan and similar organizations.

As we all know, those groups would intimidate voters of all races, but primarily black people and their sympathizers, by burning crosses, lynchings, threats, and other violent actions to suppress or affect voting against the groups’ interests. Most of their methods were illegal under state and federal law to begin with, but the law in this case provided an additional tool to attack those who plannedlawless actions against the rights of others as well as those who carried them out. It is a bit like the Civil RICO laws, which were primarily aimed at those who directed corrupt mob actions but almost never participated in overt criminal activity.

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Cancelled For A Single Word

And spoken outside his home, to friends.

Country music superstar Morgan Wallen was suspended indefinitely by his record label and removed from hundreds of radio stations across the country yesterday. The reason? He was captured on camera saying “nigger.” TMZ posted a video this week showing Wallen loudly returning home with friends. A neighbor started recording the scene and the video included Wallen using the word. If you can tell the context of his words, please explain it to me. Was “nigger” meant as an insult, or was it used playfully? Was the target white or black? There is no evidence that he “hurled” the word, because that suggest that it was hurled at someone.

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Oppressing The Twitter Troll

Twitter troll meme

Federal prosecutors accused Douglass Mackey, 31, described in news reports as a “Twitter Troll,”of coordinating with co-conspirators to spread misinformation on Twitter in 2016 that Hillary Clinton’s supporters could vote by sending a text message to a specific phone number.

Mackey was arrested a week ago in the first criminal case in the country alleging voter suppression through the use of false tweets.

Seth DuCharme, the acting United States attorney in Brooklyn, whose office is prosecuting the case, said, “With Mackey’s arrest, we serve notice that those who would subvert the democratic process in this manner cannot rely on the cloak of internet anonymity to evade responsibility for their crimes.” The alleged crime is a conspiracy to “oppress” or “intimidate” anyone from exercising a constitutional right, such as voting. The charge carries a maximum sentence of 10 years in prison. Prosecutors allege that 4,900 really gullible and lazy Hillary Clinton supporters were fooled by Mackey’s scheme into trying to vote for her using a phone number publicized on social media. Mackey and his co-conspirators joked online about about tricking “dopey” liberals.

There is no question that what Mackey et al. did was unethical, dishonest, unfair and sinister. However, I find it hard to understand how he can be prosecuted while the deceptions of others whose efforts to mislead voters and either dissuade them from voting or get them to vote for a candidate they otherwise would not have were far more widespread and had far more impact on election results. My guess is that this charge is harassment, and harassment based on partisan intimidation.

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Sunday Ethics Irony, 1/24/2021: Now Remember, It’s The Trump Voters Who Are Deplorable

In “Utopia,” the strange and violent Amazon series about a mysterious graphic novel that turns out to be both true and a coded guide to an upcoming pandemic, the diversity propaganda is so heavy-handed that it could knock out Godzilla with a left cross. Let’s see: all the good couples are mixed race. A middle -class black woman takes in troubled white children. A white husband and wife have a family including multiple black and Asian children, which you would think violates the good couples are mixed-race rule, but it’s a trick: that white couple is villainous, and their white children are too, tough the minority kids seem to be OK. A group of assassins appears to include only whites, and the main heroine is black, though her character in the graphic novel that everyone is chasing after is white. Her female mentor is white, but she is so covered in grime that she looks black. (Why isn’t that blackface?)

At what point does this become so forced and absurd that audiences object to it? None of the race obsession adds a thing to the story except weirdness, and trust me, “Utopia” needs no more of THAT.

1. Welcome to my world! Here is a submitted comment to this post: the proud idiot “RidenwithBiden” (Oooh, clever!) writes, “My God, an entire website dedicated the the sanctimonious and bottomless brainwashed hypocrisy of traitorous right wing nut jobs.”

2. Here are some Biden voters I have no sympathy with whatsoever…President Biden signed an executive order that will require institutions receiving Title IX funding to allow biological males who identify as female to compete in women’s athletic events. This should effectively kill women’s sports while making a joke out of “competition.” Women voted overwhelmingly for Joe Biden, a serial sexual harasser who was accused of rape on the record by a staffer, and he was clearly going to do this. Now feminists and women’s sports advocates are whining?

Bailey tweet

What betrayal? Sorry that you weren’t paying attention, but it was always obvious that the most extreme end of the LGBTQ lobby was pulling Joe’s strings. The one who betrayed female athletes were feminist voters. Own it, ladies.

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Ethics Warm-Up, 1/22/2021, As Your Host Tries Not To Write Angry

Only the soothing tones of Johnny Nash could calm me down after this morning’s ordeal, and it hasn’t worked yet.

I set out with my wife to get her to a rather urgent doctor’s appointment at an office we had never been to before. I should have been forewarned knowing it was in Manassas (those who know Northern Virginia know what I mean.)To make a long, horrible story short, we never got there. The exits on Route 66 suddely skipped five numbers. There was a sign for Exit 47 A, which was also for 47 B without saying so. The construction everywhere made navigation impossible. After missing the right exit, detours and construction mad it seemingly impossible to get on 66 going the other way, The Google map directions were wrong. The GPS installed in the car refused to take the street number, and dumped us in no-man’s land. Naturally, everyone we talked to at the doctor’s office professed ignorance at how to get there. After wandering in the wilderness for two hours, we gave up. Then the last staffer at the doctor’s office said, “Oh, when you come back, don’t use Exit 47 like all the directions say. Use 44. That takes you right to our door and avoids all the construction.”

NOW you tell me that?

The over-arching goal of ethics is to make life easier and more pleasant for everyone else. If you work or live in a locale that is difficult to get to or find the first time, you warn people.

1. Welcome “Impeachment or Removal Plan U”! Well, not really welcome. Not really a removal plan either. Plan U is based on Section 3 of the Fourteenth Amendment, which was being thrown around as a way to punish Senator Hawley and Cruz for doing what Democrats had done every time this century a Republican had won the Presidency: challenge the electoral vote. When Republicans do it, you see, it’s an insurrection. Then teh second that word escaped their lips, coup-minded Democrats hit themselves in the forehead with teh palm of their hands, “I could have had a V-8!” style, and said, “Wait a minute! How did we let this get by us when we were trying to devise a way to get rid of Trump without winning an election! It was there all the time!” Then, choosing to ignore the fact that you can’t “get rid of” someone who’s already gone, this became the latest of 21—yes 21!—bogus anti-Trump plans. (I haven’t added it to the list yet. Give me a break.)

Let U stand for “Unbelievable!”

Section 3 provides:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

Law profs Seth Tillman and Josh Blackman soberly analyze the theory here, saying in conclusion,

“…it is not clear that the House managers seek to disqualify Trump under the Impeachment Disqualification Clause, as well as under Section 3. The sole article of impeachment is opaque on this point. It references Section 3, but we think it is only referenced in the context of efforts to define a substantive impeachable offense. We expect that President Trump’s counsel will argue that the text of the House’s single article of impeachment does not give him fair notice that he faces Section 3 disqualification. Once again, the House’s rushed drafting may determine the fate of the Senate impeachment trial.”

That. and the fact that the impeachment was based on literally nothing.

2. Now this is a weird ethics movie…“The Killing of a Scared Deer, the 2017 film now on Netflix, raises a “Sophie’s Choice”-style ethical dilemma with solution that looks ridiculous but has at least surface validity if you can accept the premise: the character who has to make the choice is dealing with some kind of a curse.

3. Is it incompetent to employ a strategy that nobody knew was incompetent? Statistical analytics now show that the traditional football strategy of punting usually makes no sense. Now, college and professional teams are going for a first down when once they would have kicked the ball away.

The Chicago Tribune reports,

Punting has become far less prevalent in recent years. NFL teams punted an average of 3.7 times per game during the 2020 regular season, the lowest figure in recorded pro football history. Teams averaged 4.8 punts per game as recently as 2017, a rate that had held more or less steady since the mid-1980s but has declined in each of the last four seasons….The sudden decrease in punting comes over a decade after the football analytics community began decrying the punt as a counterproductive strategy, particularly in short-yardage situations near midfield or when trailing late in a close game. It doesn’t take much number-crunching to realize that if the average offense gains 5.6 yards per play (the 2020 rate), not only should a team be able to pick up a yard or 2 on fourth down, but it should also be wary of gifting the ball to an offense capable of marching right back down the field 5.6 yards at a time.

The traditions and conventional wisdom in sports and other activities, wrong, counter-productive or silly though they may be, don’t indicate incompetence until data, changed conditions or experience indicate that they don’t work. Now it seems obvious that punting is usually foolish, just as baseball finally learned that sacrifice bunts were dumb except in very special situations. But when a culture accepts conventional wisdom and it it is embedded in that culture, one cannot call it incompetence to stick with tradition, unless and until there is access to information proving the accepted practice to be folly.

4. A reminder: Yahoo! and other news sources have reported that “Over 408,000 Americans have died of COVID-19 as of Thursday.” That’s false. It is the essence of fake news. As Ethics Alarms had noted repeatedly, over 408,000 Americans may have died WITH the virus, but there is no question that they all did not die OF the virus. I am still waiting for a well-publicized estimate of how many of those deaths were not super-seniors, cancer patients, or others who may well have died anyway. This is something we have a right to know.

5. A plea for a double standard from Joe. Associated Press reporter Zeke Miller asked President Biden if the vaccination goal was “high enough,” since “that’s basically where the U.S. is right now.” Biden responded with pique, although he did not call Miller a pony-soldier, saying, “When I announced it you all said it wasn’t possible. Come on, give me a break, man.” It’s a fair request, but if there was ever an instance when any journalist from a non-conservative news organization gave Biden’s predecessor a break, please refresh my memory. I can’t think of one. Besides, Biden is already getting one ” break” after another, as Mediate notes in a recent post titled, “Media Begins Biden Presidency With Overt Fawning and Flattery.”

6. Hank Aaron has died. The legitimate baseball career home run champ (I do not count Barry Bonds) was 86. He represented the very best of baseball ethics on and off the field throughout his career unlike the icon whose homer total he bested (Babe Ruth had no peer as a player, but had the ethics of a ten-year-old his whole life), and the miscreant who passed him by cheating, Bonds. The Hammer was always being over-shadowed by someone: Willy Mays, a contemporary, was more gifted and charismatic; Ernie Banks was more lovable, Roberto Clemente was never had a chance to grow old. Henry Aaron just did his job every day, seldom missing a game due to injury, leading the National League in various seasons in batting average, homers,runs, hits and RBI. Aaron only won one Most Valuable Player Award (in 1957, when his Braves won the pennant), but over his 23 year career, he proved more valuable than almost all of his contemporaries.

[Notice of Correction: I originally wrote that Hank never won an an MVP. Thanks to LoSonnambulo for the correction.]