A Jumbo For Sulu

SuluGeorge Takei, the Japanese-America actor permanently enshrined in pop culture history for his role of Sulu in the original “Star Trek” TV series. He has essentially lived off that one felicitous part for forty years, recently acquiring less moldy,  non-sci-fi following by being a gay rights advocate.

Takei recently skimmed, or just didn’t comprehend, Clarence Thomas’s  audacious dissent to the Supreme Court’s Obergefell ruling and Justice Kennedy’s majority opinion declaring same-sex marriage to be a fundamental right protected by the Constitution. Apparently he also does not comprehend that Supreme Court dissents are both stimulating and useful to legal scholars as well as those, unlike Mr. Sulu, possessing an open and curious mind.

Thomas made the unusual but provocative argument that human dignity is innate:

Human dignity has long been understood in this country to be innate. When the Framers proclaimed in the Declaration of Independence that “all men are created equal” and “endowed by their Creator with certain unalienable Rights,” they referred to a vision of mankind in which all humans are created in the image of God and therefore of inherent worth. That vision is the foundation upon which
this Nation was built.

The corollary of that principle is that human dignity cannot be taken away by the government. Slaves did not lose their dignity (any more than they lost their humanity) because the government allowed them to be enslaved. Those held in internment camps did not lose their dignity because the government confined them. And those denied governmental benefits certainly do not lose their dignity because the government denies them those benefits. The government cannot bestow dignity, and it cannot take it away.

Thomas was expressing  his disagreement with the majority that the government withholding the right to marry from gays robbed them of human dignity. I think it is a rather pedantic argument that has more validity in the abstract than in reality, but the position that rights come from creation rather than the government is a core concept in the Declaration of Independence, and one that statists, as in “modern Democrats,” like to ignore. If individuals are born with rights, they cannot be truly taken away. If citizens must look to the government to have their rights granted to them, then government is granted too much power in exchange. Thomas’s philosophical argument is classic conservatism. Naturally, that means, in Takei’s intolerant and partyist world view, that he deserves abuse. Continue reading

Why Yes, Krystal, There IS A “Candidate For Congress Who Is Photographed Sucking The Phallic Red Nose Worn By Her Reindeer Attired Husband At A Christmas Party Principle,” And It Isn’t A Double Standard At All, As You Will Learn As Soon As There IsA Male Congressional Candidate Photographed Doing the Same Thing. Now Shut Up, Please.

Krystal-Ball

I’m sorry, I can resist this.

In 2010, Krystal Ball was a 28-year old, almost credential and experience free Democratic Party nominee for United States Congress in Virginia’s 1st congressional district in the 2010 election. She lost to Republican incumbent Rob Wittman. During the campaign, old photographs surfaced of Ball and her then-husband at a college Christmas party, showing her dressed as “bad Santa,” leading her husband, dressed as a reindeer, around S and M style by a leash, and sucking on his long, fake, phallic red nose.  Like this:

Krystal Ball 5Krystal Ball 1

(By the way, I had mentioned this episode very briefly in 2010, and promptly forgot about. Ball is the one, as we say in the law, who “opened the door” again.)

Although she lost by a 2-1 margin, Ball made the rounds of various TV talk shows exploiting the salacious aspects of the photos (for this is what the programs were interested in) and playing the victim, arguing that the photos were used against her because she was a woman. The exposure, combined with the fact that she is physically attractive—this sexist standard doesn’t bother her, oddly— launched her current career as a pretty talking head, if not an especially enlightening one. (Naturally, she roams on MSNBC.)

Krystal was on Fox News yesterday whining yet again about her 2010 defeat and blaming it on the photos and a “double standard.” “I think that we should look at the example of Scott Brown,” she told a sympathetic Megyn Kelly. “He had pictures from the same age as those pictures of me, only he was completely naked, in the centerfold of a national magazine, and it was not even a bump in his campaign; in fact he has even said that it helped him a little bit in his campaign. And I’m not holding anything against Senator Scott Brown… that’s as it should be, in my view, because those kinds of things to me are not relevant to the campaign trail. And I do think there’s a double standard.”

Baloney. Continue reading

This Is NBC: With All The Ethical Reasons To Fire Donald Trump, It Picks An Unethical One

Dignity...always dignity.

Dignity…always dignity.

It has happened here with Bill Clinton, Bristol Palin, and many others: this is the downside of running a website committed to fairness. I have had to come to the defense of some very unethical people through the years, but I can’t think of anyone I detest defending more than Donald Trump.

From the AP:

“NBC said Monday that it is ending its business relationship with mogul and GOP presidential candidate Donald Trump because of comments he made about Mexican immigrants during the announcement of his campaign.”

Let me count the lies:

1. Anyone, including AP, who believes this is why NBC fired Trump is too gullible to function in society. He was fired because Mexico, Univision and illegal immigration advocates were threatening to make NBC’s life miserable. If what Trump said mattered to NBC, NBC would have fired him shortly after he said it.

2. Trump said nothing about Mexican immigrants. His much-maligned quote discussed illegal immigrants from Mexico “bringing drugs, they’re bringing crime, they’re rapists and some, I assume, are good people.”  The unethical and dishonest effort by the news media to confuse the immigration issue and the crucial, material distinction between legal immigrants, whom the nation should welcome, and illegal immigrants, which it should not and must not, is more harmful than anything Trump has said on the topic.

3. The statement is deceitfully phrased to represent what Trump said as a slur on Mexicans, as a racist statement. Trump was talking about, in his typically lazy, crude fashion, our national problem of  unchecked illegals streaming across the Southern border, and the undeniable fact that this group includes criminals and rapists (like here, here, here…how many examples do you want?), as well as “good people.” Trump obviously wasn’t claiming that all illegal immigrants were criminals and rapists, because that would mean that some of the criminals and rapists would also have to be “good people.” But Mexico, which counts on us to solve their social problems for it, and illegal alien activists, who don’t want Americans to know that many of those sneaking into our country are not the salt of the earth, but quite the opposite, have successfully imposed a political correctness embargo on speaking the unpleasant truth.

Now on to the hypocrisy. NBC firing Trump is not just a little like, but almost EXACTLY THE SAME AS A&E firing Duck Dynasty’s scion Phil Robertson for public statements that were completely consistent with the reality star’s persona as A&E understood from the moment it inked a contract with him. The same is true of Trump’s trademark bluntness. The one difference: Robertson’s homophobic statements were blunt and ignorant, while Trumps statements about illegal immigrant were blunt and true. Continue reading

Ethics Takeaways From Donald Trump’s Reply To Jake Tapper’s Question About “Traditional Marriage”

TrumpBoorish, arrogant blight on the American landscape that Donald Trump is, he has his uses.

Trump is that amusing if tragic anomaly, the low information Presidential candidate, kind of like Michele Bachmann. On Friday, right after the SCOTUS gay marriage decision was announced, he sent out a tweet blaming Chief Justice John Roberts for it, even though Roberts was one of the dissenters. Today, CNN’s Jake Tapper asked him to explain his stated support for “traditional marriage” by explaining Trump’s own non-traditional marital conduct in that context:

“What do you say to a lesbian who’s married or a gay man who’s married who says, ‘Donald Trump, what’s traditional about being married three times?’”

Trump’s marvelous response….

“Well, they have a very good point. But I’ve been a very hardworking person. And actually, I have a great marriage, I have a great wife now. My [first] two wives were very good..I really don’t say anything. I’m just, Jake, I’m for traditional marriage.”

….is a cornucopia of ethics-related information:

1. “Well, they have a very good point.” Translation: “I haven’t actually thought about this issue very much, I’m just asserting a position that seems to the one I think Republican voters who have thought about this as little as I have will agree with. Don’t expect me to be consistent or profound.”

Take-away: Trump has no respect for the public, his party, the office he purports top be running for, or the people who care deeply about the gay marriage issue, so he has literally devoted no time or effort to understanding the issues of the day, including this one. That attitude is, of course, an insult to all of us.

2. “But I’ve been a very hardworking person. “ The King’s Pass! Continue reading

The Great “Gotcha!”: Walmart Exposed As The Cynical Corporate Hypocrite It Is

ISIS-Cake

I don’t generally approve of “gotchas,” but you have to love this.

After Walmart’s CEO piously announced that his chain aims to never offend a single customer and was thus banning everything with a Confederate flag in it, on it, or around it, Chuck Netzhammer went to a Walmart in Louisiana and requested a cake decorated with the taboo flag’s image. He was refused. Then he asked to have a cake decorated with the ISIS battle flag. Walmart happily obliged! After all, who’s offended by ISIS?

Netzhammer then posted a video memorializing Walmart’s hypocrisy, saying on it that the Islamic State “is beheading Christians, selling little girls into slavery and is currently a terrorist org at war with the United States — but you can’t buy the General Lee toy car …?”

Yup, that’s about the size of it. Continue reading

#freebree = Lawlessness, Vigilantism And Hypocrisy

"let's run her up the flagpole and see if anyone salutes!"

“Let’s run her up the flagpole and see if anyone salutes!”

Various anti-gay marriage zealots vowing to defy the Supreme Court and the law of the land are un-American and wrong, but a woman who decides to unilaterally make a decision that only the elected representatives of the citizens of South Carolina are authorized to make is a hero. Such is the muddled state of thought, ethics and civics among America’s progressives. Disobey the laws you don’t like, condemn the character of those who disobey the laws you favor. No integrity, no principles, no responsibility, no coherence, just grandstanding and anarchy, aimed at cheering ideologues incapable of proportion or restraint. This is an ethics vacuum masquerading as virtue.

“Bree,” which is what pole-climbing flag-grabber Brittany Ann Byuarim Newsome calls herself, is under arrest, as she should be, charged with defacing a monument and facing a fine. Good. She deserves one, and no accolades whatsoever. The Confederate flag is already under siege and on the verge of a permanent cultural taboo. Her actions would have constituted genuine civil disobedience and courage had it come before the flag was magically assigned blame for the murder of nine Charleston African Americans, to call attention to its symbolic defiance of civil rights. Coming now, Bree’s stunt is just  self-promoting vigilante theater, seeking and receiving support from the likes of Michael Moore.

There was nothing brave, productive or necessary about the flag stunt. The was a lot wrong about its message: don’t wait for the government process to work, don’t allow democracy and civil discourse to prevail, just unilaterally do what you “know” is right, and let the “ends justify the means” embracing mob celebrate. No doubt, this is the anti-Constitutional attitude the President has encouraged, but it recklessly risks fraying the seams of our democratic government, and erodes the rule of law. Continue reading

Ethics Observations On The King v. Burwell and Obergefell v. Hodges Decisions And Their Aftermath

supreme-court

 Obergefell v. Hodges, in which the Supreme Court considered whether states had to recognize a right to same-sex marriages, and King v. Burwell, in which the Court was called upon to clarify some incompetent drafting in the Affordable Care Act, could not be more dissimilar in terms of issues, topics, and significance. Nonetheless, because the two decisions involved hot political issues and arrived on consecutive days, and because they ended up favoring the positions that Democratic and progressive partisans support, they have been conglomerated in public discourse to fit several general themes, all, to varying degrees, misleading, simplistic, and biased. The decisions have also launched some of the most hysterical and embarrassing commentary in recent memory.

Some ethics, as opposed to legal, observations:

1. Anyone who hasn’t read the majority opinions and the dissents, who just skimmed them—believe me, if law school taught me anything, it taught me that skimming court opinions was a sure road to error and humiliation—or who read them but could not understand them, should be ignored, and perhaps gently mocked, for expressing any view at all about whether the decisions were the “right” ones. Quite simply, such people are not qualified to hold an opinion. They can have, and express, an opinion regarding whether the Court’s calls on Burwell or Obergefell are consistent with their own needs, desires, belief or political orientation, but they have no basis for asserting that either decision is wrong, or, right, on the law.

2. One can find it troubling and ominous, as I do, that the votes on the two cases were as predictable as they were. Objective legal scholars with integrity should be capable of ruling in ways that are not congruent with the personal political philosophies. A Democratic Presidential appointee who favors expansive government activity in health care control should be able to look at a statute designed to accomplish that purpose and still conclude, “Nope, the law mean what they want it to mean,” or “Sorry, the damn thing is unconstitutional.” Similarly, we should be able to trust a politically conservative justice to examine a statute that he objects to on principle and still conclude, “Yup, it passes the test.” Maybe all the Justices are capable of meeting this standard, but these two cases don’t suggest that. They suggest the opposite. Continue reading

Introducing The Ethics Stooges: Bristol, Geraldo, And Dan

three-stooges

They are the perfect  2015 replacements for Larry, Moe and Curly. So diverse! Bristol Palin, a conservative woman; Geraldo Rivera,a Hispanic liberal who works for a conservative news network, and Dan Savage, a progressive gay scold!

Too bad they aren’t funny.

In fact, they are pathetic, and, of course, ethically inert. They also make “Porcupine” and the Howard Boys look classy by comparison, and they showered in their clothes.

First, yecch, Bristol Palin. She is the epitome of a worthless celebrity. Arguably, she is worse that a Kardashian. Her claim to fame is embarrassing her mother by turning up pregnant and unmarried in the middle of the 2008 Presidential campaign. That’s it. That got her a slot on “Dancing With The Stars” and a reality show where she became the poster girl for unmarried motherhood as a clever career move. Then, mind-blowingly, she became a paid advocate for teenage abstinence before marriage, that is, unlike her. In 2011, Palin was paid more than a typical Hillary Clinton college speaking fee—over a quarter million dollars—to be the abstinence spokesperson for the Candies Foundation.

Naturally, she got pregnant sans wedding ring again.

Soon after her engagement to former Marine and Medal of Honor awardee Dakota Meyer ended, Palin announced on her blog this week that she was once more with child, but without husband. “I wanted you guys to be the first to know that I am pregnant. Honestly, I’ve been trying my hardest to keep my chin up on this one,” wrote Palin. “I know this has been, and will be, a huge disappointment to my family, to my close friends, and to many of you,” she wrote. “But please respect Tripp’s and my privacy during this time. I do not want any lectures and I do not want any sympathy.”

Nyuck, nyuck, nyuck!

No sympathy? Deal. But here’s the lecture: you owe the Candies Foundation—which, frankly, deserves this embarrassment for hiring a feckless reality star as a role model for impressionable teens–every cent you accepted as part of your con. But then your life is a con. You have no talent, no integrity, and no excuse for your conduct. Get an education, grow up, and go away. You degrade the culture and America’s values by your very existence. Continue reading

KABOOM! The Fascist School Superintendent Who Is Training Children To Think Like Senator Sheldon Whitehouse

Bad one. Been building for a while.

Bad one. Been building for a while.

Explain to me why this story isn’t national news, while a principal pulling a valedictorian off the graduation program when he insisted on making graduation a vehicle for his coming out as gay—to his parents—is. Never mind. We both know know. Journalists see discrimination and homophobia even where it isn’t, but fascism increasingly bothers them less and less.

That’s because, I fear, they are Democrats. I will return to this surprising and alarming theme in a moment.

At Northwest Mississippi Community College, where the graduation ceremony for Senatobia High was held,  the superintendent asked the crowd not to scream or cheer and to hold their applause until the end. As always happens—always, always,always–a few relatives couldn’t contain themselves. Four guests shouted various felicities and exhortation to their graduates out of turn

They are strict in Mississippi: all four were kicked out of the event.

But that’s not all. They are really strict in Mississippi: Senatobia Municipal School District Superintendent Jay Foster filed ‘disturbing the peace’ charges against the people who yelled at graduation, and police  issued warrants for their arrests with a possible $500 bond.

KABOOM!

Well, my head’s been threatening to explode for quite a while now*, and this finally did it, big time. Congratulations Jay Foster, you foolish, unethical, unkind, tin-god fascist. You did it.

Foster refused to be interviewed on camera, but told the media that he’s determined to have order at graduation ceremonies. I recommend snipers, Jay. Or maybe duct tape. This fascist idiot is responsible for educating children! Does he realize he’s educating them to be…Democratic Senators? Continue reading

We Have A Winner In The “False Hastert-Clinton Equivalency Sweepstakes”! Congratulate Slate’s William Salatan!

I don’t know when William Salatan jumped the ethics shark at Slate; I used to find him fair, reasonable and perceptive. Now he has apparently gone over the Dark Side, the shadowy, ethics-free realm where the Clintons are victims of a vast right wing conspiracy. Too bad.

There is some compensation for Salatan, though. He just penned the perfect example of the Shameless Left’s attempt to exploit the fall of  former GOP Speaker Dennis Hastert to exonerate Bill Clinton, and by extension, his Lady MacBeth, Hillary, as she tries to complete her rise to power fueled by the public’s acceptance of her husband’s corrupt ways.

You can read it here, and I would hope that most of you would be able to spot, and quickly, the multiple blatant ethics bait-and-switches that Salatan employs. But for those deceived, let me provide some guidance.

Many commentators have made the point that Hastert’s prosecution looks politically motivated and unfair. He is not being prosecuted for the alleged sexual misconduct with a student believed to be the source of an extortion attempt, and paying a blackmailer is no crime. He is being prosecuted for lying to the F.B.I about the reason for his large cash withdrawals. Says Salatan:

“The critics have a point. Lying under oath and evading transaction surveillance are derivative crimes. Usually, they’re prosecuted only if the underlying offense is serious and demonstrably true. You can argue that if the core allegation hasn’t been proved, or if the core issue isn’t grave enough, it’s cheap and abusive to proceed with prosecution based purely on derivative charges. But Hastert can’t make that argument, because he made the opposite argument 17 years ago. He threw the book at President Clinton for lying about sex.”

Thus Slate’s misleading and ignorance-seeding headline, “Hastert’s Hypocrisy.” There is no hypocrisy. Moreover, like Professor Kerr, Salatan mistakenly says that Clinton was impeached for “lying about sex.”  That was a Lanny Davis/Clinton spin talking point, and it is false.. Continue reading