Four Supreme Court Decisions: Abortion, Guns, Affirmative Action, Corruption…And Ethics. Part 4: Voisine v. United States

"Aw, come on, that was a love tap! Now put some ice on that while I go out and buy a Glock...."

“Aw, come on, that was a love tap! Now put some ice on that while I go out and buy a Glock….”

Be honest, now: you thought I’d never finish this series, did you? (Part 1 was posted June 28.)

In Voisine v. United States, a 6-2 U.S. Supreme Court holding issued on June 27 approved extending a federal statute banning firearms possession by anyone convicted of a “misdemeanor crime of domestic violence” to include individuals who have “misdemeanor assault convictions for reckless (as contrasted to knowing or intentional) conduct.”

Justice Elena Kagan, writing for the majority, said that “the federal ban on firearms possession applies to any person with a prior misdemeanor conviction for the ‘use…of physical force’ against a domestic relation. That language, naturally read, encompasses acts of force undertaken recklessly—i.e., with conscious disregard of a substantial risk of harm.”

The opinion isn’t remarkable, nor is it a significant attack on gun rights. The case is really about language, as so many Supreme Court cases are. From the opinion:

“Congress’s definition of a “misdemeanor crime of violence” contains no exclusion for convictions based on reckless behavior. A person who assaults another recklessly “use[s]” force, no less than one who carries out that same action knowingly or intentionally. The relevant text thus supports prohibiting petitioners, and others with similar criminal records, from possessing firearms.”

The real question, from an ethical standpoint, is whether Congress can and should remove a citizen’s Second Amendment right based on a misdemeanor conviction for domestic abuse. Is that fair? Sure it is. It is already settled law that it is Constitutional to prevent convicted felons from owning  guns, even if it was a non-violent felony. From an ethical public policy standpoint, why would it be overly restrictive to ban gun ownership from those who engage in a violent misdemeanor?

Writing in dissent, Justice Clarence Thomas, joined by Justice Sonia Sotomayor (of all people), rejected the majority’s “overly broad conception of a use of force.” In the view of the two dissenters, “the majority blurs the distinction between recklessness and intentional wrongdoing” and thereby does a grave injustice to criminal defendants. Continue reading

Ethics Quiz: The World’s Cutest Water-skier

waterskiing baby

Keith St. Onge and his wife are professional barefoot water skiers and co-owners of the World Barefoot Center in Winter Haven, Florida. Last week, they had their six-month old daughter Zyla strap on little tiny skis and finally attempt what her parents had spent weeks training her for–water-skiing. She did it, too, for 686 feet across Lake Silver.  The proud parents filmed her feat and posted the video on YouTube (of course).

The Washington Post notes that many are criticizing the St. Onges for the stunt, claiming child endangerment.  Papa St. Onge defended the unusual pre-toddler (the girl can’t walk yet) activity, saying, “People don’t realize that it was done properly. It was planned and she was ready for it.”

Hmmmm…

Your strange Ethics Alarms Ethics Quiz of the Day is…

Is this ethical parenting?

Continue reading

Ethics Dunce: U.S. Supreme Court Justice Sonia Sotomayor

"Hey, when you leave, will you ask the bar rep with the gun outside my office what a good job I did for you? I can get bonus credit!"

“Hey, when you leave, will you tell the bar rep with the gun outside my office what a good job I did for you? I can get bonus credit!”

Speaking before an audience at the American Law Institute, U.S. Supreme Court Justice Sonya Sotomayor said that she advocated mandatory pro bono service ( that is, for no compensation) to poor citizens by all lawyers. “If I had my way, I would make pro bono service a requirement,” she said.

“I believe in forced labor.”

This is the quality of thought that we get on the highest court in the land, that must decided our most difficult, controversial and society-molding legal. This is what we end up with when a Justice is appointed in order to check off group identify boxes for “diversity” rather than on the basis of ability.

Sotomayor made the comment at the American Law Institute’s annual meeting in Washington, in response to a question from institute director Richard Revesz about the problem of improving access to low-cost and effective legal services for low-income individuals. I’m pretty sure the “forced labor” comment was delivered as a joke, but it looks terrible in print, and immediately drew a predictable response from conservative pundits. “YOU BELONG TO THE STATE” quipped Instapundit’s Glenn Reynolds.
Continue reading

Ethics Quote Of The Day: George Will

trump-salute

“Ted Cruz’s announcement of his preferred running mate has enhanced the nomination process by giving voters pertinent information. They already know the only important thing about Trump’s choice: His running mate will be unqualified for high office because he or she will think Trump is qualified.”

-Conservative columnist George Will, in a piece nicely consistent with the Ethics Alarms position that the Republican Party’s ethical duty is to refuse to nominate Donald Trump, whatever the cost.

Will’s observation is concise, logical, and absolutely true. Nothing I can add will improve on it.

Marco Rubio’s Unethical Concept Of “Doing Your Job”

Senator Marco Rubio at work in the Senate this week.

Senator Marco Rubio at work in the Senate this week.

It would be nice if the most viable alternatives to Donald Trump didn’t go out of their way to show that they aren’t qualified to be President of the United States either.

Marco Rubio, who was already under well-earned fire for saying that he hated being a Senator and  not bothering to vote on Senate bills, a rather substantial part of the job he was elected to do, thought about it, shrugged, and then became the only Senator who couldn’t be bothered to cast a vote on massive $1.8 trillion spending and tax package engineered by new House Speaker Paul Ryan. There’s just no excuse for this, and Rand Paul was not being unreasonable to suggest that if all Rubio wanted to do was run for President–and many have commented that unlike Trump, Cruz, Bush and the rest, he isn’t even doing that very hard—he should resign and let someone else represent the people of Florida.

“It’s a trillion dollars in spending and I think earlier this week he talked about having some activity and then wasn’t here,” Sen. Paul told POLITICO. “So yeah I think it’s important to show up to your job. I think that really he ought to resign or quit accepting his pay if he’s not going to come to work.”

How can anyone argue with that?

For his part, Rubio offered a weak, weak, weak excuse for his no-show, saying, “In essence, not voting for it, is a vote against it.” No, not voting is also not voting against it. As Thomas More pointed out before he lost his head, the law’s assumption is that “silence gives consent.” If Rubio is correct, then a bill could be voted down by more Senators abstaining than voting for a measure. Is he correct? No.

But then he doesn’t show up to work that often, so it’s understandable that he’s confused.

Rubio’s conduct demonstrates arrogance, lack of diligence, integrity and trustworthiness, laziness, and it doesn’t encourage me about his judgment, either.

Somewhere, Donald Trump is smiling.

The Trooper,The Law Clerk, And The Deer

This was all YOUR fault...

This was all YOUR fault…

Prof. Jonathan Turley would make this an ethics quiz, but not me.

He is troubled that a law clerk ended up an ex-law clerk after publishing a gratuitously nasty post on Facebook expressing her unseemly lack of sympathy for a New Jersey state trooper who died when his car collided with a deer. (Another trooper traveling with him was injured.) Turley shares my concern regarding the trend of employers punishing employees for their comments on social media, but in this case, I don’t have any sympathy for the clerk at all.

Responding to other Facebook commenters who expressed sorrow for the dead trooper and called him a hero, Leslie Anderson, who clerked for a News Jersey judge, Middlesex County Superior Court Judge Travis L. Francis, expressed strenuous dissent, writing,

“Not that sad, and certainly not ‘tragic,’ Troopers were probably traveling at a dangerously high speed as per usual. Totally preventable. At least they didn’t take any of the citizens they were sworn to serve and protect with them…The ‘victim’s’ employment as a state trooper is irrelevant to the circumstances, other than the fact that he injured a fellow trooper and destroyed state property as a result of his recklessness. He wasn’t running into a burning building or otherwise acting within the course of his employment at the time of the accident. The outcry and ‘thank yous’ are absurd, nonsensical, and completely unwarranted. There are people in this country and around the world dying for much less. There is nothing ‘tragic’ about this. Get over yourselves and your sense of entitlement, people . . .

Nonetheless, I agree that it is sad and heart wrenching for the family members left to suffer the consequences of the Trooper’s recklessness — especially for the deer family who lost a mommy or daddy or baby deer.”

Jerk. Continue reading

The Personal Injury Lawyer’s Sex Doll Ad: Stupid! Funny! But Unethical?

Nah.

Here it is:

There is a dubious principle of advertising holding that as long as the name and the service come through memorably, an ad is a success. This video challenges that assumption. It tells me that the lawyer who let someone talk him into doing an apparently improvised ad with a smut-mouthed rubber sex doll is an idiot, and it is very risky to take legal advice from idiots. Nonetheless, there is nothing unethical about the ad. Does it hold the profession up to public ridicule? No, it holds this lawyer up to public ridicule.

Once upon a time, lawyer advertising was held to be unethical by all state bars, until courts found the restrictions to violate the First Amendment. This kind of ad was what the profession was worried about. A few states, notably Florida (the last I checked), still apply more stringent standards to lawyer advertising than currently apply to used cars and cheesemakers, but as long as an ad lawyer doesn’t make affirmative misrepresentations, it won’t be found to be in violation of the legal ethics rules.

Besides, ads like this one are extremely informative. They tell a potential client everything they need to know about the judgment, reputation and trustworthiness of the lawyer who stars in it. What could be more ethical than that?

_______________________

Pointer: Res Ipsa Loquitur

President Obama’s Unexpected Legacy: The Deadly Deterioration Of Racial Reconciliation And Trust

Murdered cops

I really hate thinking this, much less writing it.

At this moment, race relations in the United States are in a more precarious and dangerous state than at any time since the 1960s. The arrogance, incompetence, biases, and in some cases intentional political machinations of the nation’s first African American President and his party are substantially and perhaps primarily responsible for this tragedy. This is a catastrophe for the nation and its society, though one that the mainstream media will deny, obscure, or refuse to admit. It is still true.

As we begin December 21, 2014, two NYPD police officers named Rafael Ramos and Wenjian Liu, one white and one Asian, are dead, having been assassinated by a deranged African American criminal who drove from Baltimore to New York in order to put “pigs in a blanket.” He announced his plan with message referencing the deaths of Michael Brown and Eric Garner, as well as “them” and “us”—“us” being black men, “them” being police officers.

You will hear and read Obama/Holder/Sharpton/ De Blasio defenders furiously denying the connection between these politicians’ repeated suggestions that white police officers were profiling black men and often killing them, and the racial hatred currently focused on police. They will say that the killer, Ismaaiyl Brinsley, was insane, and perhaps that he was more likely a lone wolf Islamic terrorist. The journalists  should be reminded that they were immune to such alternative theories when they blamed the Tucson attack that maimed Congresswoman Gaby Giffords on the rhetoric of Rush Limbaugh and Sarah Palin, even though the shooter in that case had no smoking hashtags that indicated any motivation other than insanity.

Ironically, their arguments apply fairly now, when they did not then. Re-read Paul Krugman’s infamous column from 2011, substituting the “climate of hate” he attributed to attacks on big government by conservatives (because, like the Michigan professor who authored this, Krugman doesn’t regard what he and other liberals express as hate, just well-earned contempt) with the real and deadly racial distrust and suspicion nurtured by the rhetoric of black leaders, progressive pundits, and others, suggesting that young, black men are being hunted down and killed for the crime of being black. Krugman won’t make that argument now, but if he had any integrity or objectivity, he would.

President Obama, elected on the promise that he would bring the races together, lit the long fuse for this unfolding disaster for our democracy in July of 2009, less than a year into his first term. A prominent African American professor, Henry Lewis Gates, Jr., acted like a jerk to a white Cambridge, Mass. police officer responding to a call, and was arrested for disturbing the peace. Obama, in the first of his many unethical pronouncements that interfered with local matters completely unrelated to his job, made public comments suggesting that Gates was treated unjustly because of his race. The facts indicated that Obama had impugned the character of not only a model police officer, but one recognized for extraordinary sensitivity in the area of black community relations. There was no public apology from Obama, however, and the fuse was lit. Continue reading

When Does A Prosecutor’s Personal Life Become Relevant To Professional Performance? I Believe This Would Be An Example…

Love is blind.

Love is blind.

In Washington State, a Spokane County deputy prosecutor named Marriya Wright has resigned her position following the discovery of a photograph of her in a bikini (posing in a bodybuilding competition) in the possession of  Matthew Baumrucker, an inmate in the Spokane County Jail notable for having the word “criminal” tattooed on his forehead.

Police have determined that Baumrucker and Wright corresponded via text or phone calls 1,280 times between February 6 and March 5, during the time that the inmate was being investigated for his alleged role in an assault. On March 3, police were trying to find Baumrucker in connection with the assault charge, and found him in an apartment with a woman who later told police that Baumrucker had received legal advice from a woman he called  “Marriya.” Baumrucker told the woman that “Marriya told him she didn’t have to let the police in to search if they did not have a search warrant.” Another witness told police that they saw Baumrucker meet Wright in a car at a nearby gas station, and “overheard Marriya telling Baumrucker he needed to get his warrants taken care of.”   Surveillance video obtained by police confirms Baumrucker got into Wright’s vehicle at that gas station. Continue reading

This Time, The Kid “Living His (Parent’s) Dream” Is Dead. Still Inspired?

teen-pilot-crash

Pointing out the breach of ethics when parents endanger children by allowing, encouraging, pushing, or forcing them to risk their lives before they are old enough to comprehend what risking their life means has been a periodic theme on Ethics Alarms. There was 16-year old Abby Sunderland, who had to be rescued from an attempt to become the youngest person to sail around the world solo. Paul Romero sent his son Jordan, 13, out to be the youngest to climb Mount Everest. In April of this year, the Coast Guard had to rescue the sick one-year-old of Eric and Charlotte Kaufman, who brought the baby and their three-year old along as they tried to circumnavigate the globe in their yacht. (Never mind, they all had life jackets.). Less likely to be fatal but epic in its length was the ordeal “the Biking Vogels” put their twin sons through, as they were forced to live on bicycles for years while their parents lived out their low-tech “Easy Rider” fantasies, peddling across America.

As was bound to happen, another set of parents in this unethical club  have met with tragedy of their own engineering. Haris Suleman and his father, Babar Suleman, from Plainfield, Indiana, were attempting to fly around the world with the newly licensed  teen piloting their single-engine aircraft. The journey, to be completed in 30 days, would have set a record. Gotta set those records!  The Biking Vogels were determined to set a record too.

As the plane piloted by a 17-year-old novice pilot took off from an airport in Pago Pago in American Samoa, it suddenly lost power and crashed into the water. The boy is dead; the father’s body has yet to be found. Continue reading