Louisiana

Bias Makes Conservative Louisiana Elected Officials Stupid [Expanded]

/ Jack Marshall / 15 Comments

There is no excuse for this.

Louisiana became the first state to mandate that the Ten Commandments be displayed in every public school classroom. Republican Gov. Jeff Landry, showing poor judgments and no spine, signed this foolishness into law. Louisiana is the first sate to do this because no others state is this stupid, apparently. The law is obviously, flagrantly unconstitutional, a bright-line First Amendment violation. American Civil Liberties Union (ACLU) and other organizations are going to sue, they will win, and a lot of time and money will be wasted so Louisiana Republicans can grandstand.

Brilliant! The Democrats are basing their 2024 election hopes on painting Republicans as anti-democratic fanatics who would just love to live in a theocracy, so the GOP does this.

An exchange between Republican Louisiana state Rep. Lauren Ventrella and CNN host Boris Sanchez illustrated just how dim-witted the Louisiana GOP’s reasoning is—and Sanchez isn’t exactly Clarence Darrow; a sharper interviewer could have made metaphorical mincemeat out of Ventrella’s lame arguments.

Ventrella began by stating that faith, as represented by the Ten Commandments, are a significant historical component to the founding of the U.S. OK, but that’s not the issue. If schools are going to teach that, the lesson has to be faith-neutral, and using the central religious code of Christianity and Judaism as a centerpiece isn’t neutral.

“Sure, but do you also recognize that the Constitution of this country, its founding document, doesn’t include the word God or Jesus or Christianity and that’s for a reason and that’s because the founding fathers founded this country as a secular one,” Sanchez said. “You don’t see that?”

Ugh. Stay on point, Boris! All that matters is that the Supreme Court has held emphatically that the Constitution forbids the state from dictating religious beliefs. Where the line should be drawn is still a live question, but that the Ten Commandments are over that line is not.

“Boris, I bet you CNN pays you a lot of money. I bet you got a lot of dollar bills in that wallet,” Ventrella replied. Ugh again. She’s after the old “In God We Trust” motto. This is like the open border activists who cite the poem on the Statue of Liberty as evidence of a national policy. Both the motto and the poem are irrelevant.

“What does this have to do with the network that I work for or what I’m getting paid?” Sanchez asked. “Don’t make this about that, answer that question. Why did the founding fathers not include God in the Constitution if they wanted this country to be the way that you see it?”

Boris apparently didn’t see the silly motto argument coming. Well, you know: CNN.

“In God We Trust. We’ll make it about me. I’ve got a dollar bill in my wallet. In God We Trust is written on that dollar. It is not forcing anybody to believe one viewpoint, it’s merely posting a historical reference on the wall for students to read and interpret it if they choose,” Ventrella explained, making no sense. What is stamped on money isn’t the equivalent of highlighting a particular religion in schools. Sanchez then stated the obvious, that the Ten Commandments are more than merely “historical” and obviously advance specific religious beliefs. Of course, and Ventrella and her ilk know this, which is why the party wants the Ten Commandment in the classes rather than the Magna Carta. Her argument is completely disingenuous. And stupid.

“This is a very valuable document. Look, this nation has gotten out of hand with crime, with the bad, negative things that are going on. Why is it so preposterous that we would want our students to have the option to have some good principles instilled in them? If they don’t hear it at home, let them read it in the classroom,” she said. “Which is different than the Mayflower Compact which is mentioned in the document as well. I don’t understand why this is so preposterous in that litigation is being threatened. It doesn’t scare us in the state of Louisiana, we say bring it on.”

Wow. What a moronic rant. Has she read the Ten Commandments? The first one tells readers not to have any other god, and the next three are purely religious edicts. That’s 40%! A poster stating the messages of the next six commandments would be harmless and constitutional, but this law’s intent is promoting juddeo-Christian religious beliefs, despite Ventralla’s posturing

“Because if someone has a home in which they choose to believe something different, which is welcome in this country. It’s literally why people fled to come here to found this country to begin with. Then they should be allowed to. And it’s not really an option if you’re requiring it to be put up in the wall of the classroom,” Sanchez said. To this, Ventrella shrugged that students, parents and teachers who don’t share the “religious views” of the Ten Commandments should just avoid looking at it.

Ooooh, good one, Lauren.

The CNN host compared the Ten Commandments poster to hanging up the Five Pillars of Islam in public school classrooms. That is an excellent analogy, and, of course, all the state rep could do was babble. “This is not about the Five Pillars of Islam. This bill specifically states the Ten Commandments. It is a historical document …” Boris cut her off, since she was ducking the issue or, just as likely, too dumb to comprehend it.

“Sure, but I’m presenting you with a hypothetical that would help you put yourself in the shoes of someone you may not understand and their point of view,” he said. “How would you feel if you walked into a classroom and something you didn’t believe in was required to be on the wall? You can answer that question.” Ventella had no answer, because, again, she knows the objective of the law is religious indoctrination.

“I appreciate you, Boris. I cannot sit here and gather and fathom … you could give me a thousand hypotheticals. But again, this specific bill applies to this specific text. The Quran, or Islam, that is a very broad statement. We’re specifically talking about a limited text, on mind you, a piece of paper that’s not much bigger than a legal sheet of paper. Some kids might even need a magnifying glass to read all of this. This is not so preposterous that we’re somehow sanctioning and forcing religion down people’s throats. I’ve heard the comments and it’s just ridiculous,” Ventrella answered. Translation: “Huminahuminahumina…” She’s got nothing.

She also kept calling the Ten Commandments “historical.” Inigo Montoya has an observation:

There is no justification for calling the Ten Commandments a “historical” document. There is no historical evidence that Moses and the Ten Commandments as stone tablets ever existed, or that the Exodus occurred. These are religious stories, and Moses has the same “historical” status as Adam and Eve, Noah, and other Old Testament figures. A school even calling them “historical” is a religious assertion.

Neither the Constitution, nor precedent, not common sense backs her “it isn’t what it is” blather. Sadly, the conservative media immediately fell into line defending the law, wounding their own credibility in the process. Newsbusters:

This story is ultimately less about the actual Ten Commandments than about what they represent in this particular instance: a challenge to the left’s monopoly on what can be taught in schools. Said differently, Louisiana challenges the (secular) religious orthodoxies of the public education system as run by left-wing administrators in unison with the teachers’ unions…. The media have no problem with kindergarteners being taught on gender, or on third and fourth-graders having access to graphic sexual materials in school libraries. But the Ten Commandments are a bridge too far.

One final Ugh. The story is about the Ten Commandments, and Louisiana’s transparent effort to force a religious code on students in violation of the Establishment Clause. There’s nothing in the Constitution prohibiting public school indoctrination regarding sex. There is very clear prohibition against public schools promoting specific religions.

There is Hope! Part 2, The Vindication of Waylon Bailey

/ Jack Marshall / 2 Comments

Waylon Bailey, the social media-user who was arrested by a Wuhan virus totalitarian idiot for making a joke and initially denied justice by a U.S. District Judge who doesn’t know the law, finally was awarded $205,000 in compensatory and punitive damages by a federal jury. It’s not enough, not even close, and the publicity the episode has received (virtually none) underlines that point.

These are the kinds of cases juries should address with $83 million in damages (just picking a number out of the air, there) to make the next Gestapo-inclined officer who considers punishing a citizen for exercising his constitutional rights think twice, or even three times. At least, however, Waylon Bailey was vindicated by our lately maladjusted justice system.

There is hope.

Continue reading →

Ethics Miscreants In Yet Another Police-Involved Death Ethics Train Wreck

/ Jack Marshall / 13 Comments

Ronald Greene

Another death of a black man in an encounter with the police has re-emerged from 2019, this time from Louisiana. It has even more of the unethical elements of past tragedies/botches/fiascos than usual, and the cast of characters are all playing their now familiar parts to maximize the likelihood of protests, riots, political grandstanding and confusion, not to mention more deaths and further damage to race relation and law enforcement. Good job, everyone!

This is a true ethics train wreck, because nobody, literally nobody, who has been involved with the episode so far has behaved ethically. At this point, I see no hope that the mess can be cleaned up, but maybe we can learn something from how thoroughly another Police Meet Black Lawbreaker disaster has been mishandled by everyone to ensure the worst conceivable outcome. In no particular order, here is a list of those responsible for the Ronald Greene Ethics Train Wreck.

Continue reading →

Weird Tales Of “The Great Stupid”: Another Kid Is Suspended Because A Teacher Saw A BB Gun In His Home

/ Jack Marshall / 8 Comments

fear

What are normal, reasonable people who are concerned about the shrinking liberties around them to do?

(I don’t have an answer right now, but that is the urgent question episodes like the ones described in this post raise.)

In 2020, I’ve written about two head-exploding stories involving innocent children forced by their school’s hysteria over the Wuhan virus to allow Big Brother’s eyes into their homes, and who found themselves being demonized and punished because of the completely legal and harmless items a teacher saw there.

First there was the asinine June incident in Baltimore County Maryland, where a 5th grade teacher at the Seneca School saw a BB gun hanging on the wall in an 11-year-old student’s bedroom. She took a screenshot of the child’s room, then notified the principal, who alerted the school safety officer, who called the police. They, in turn, made an unannounced visit to the student’s home.

At least they didn’t kneel on his neck. “I feel like parents need to be made aware of what the implications are, what the expectations are,” the child’s mother, a military veteran, told reporters. “No,” Ethics Alarms concluded, “Parents need to tell schools, administrators and teachers, what parents will tolerate, and the public education system needs a thorough upgrade and overhaul.”

Then, in September, we discussed an even more ridiculous episode. Colorado seventh grader Isaiah Elliott was attending on online art class when a teacher spied Isaiah’s  toy gun, a neon green and black plastic “weapon” with an orange tip and the words “Zombie Hunter” printed on the side. The teacher notified the school principal, and the school called the El Paso County Sheriff’s Office, which conducted a welfare check on the boy without calling his parents first. Isaiah, meanwhile, was suspended for five days. The conclusion here on that fiasco:

Continue reading →

The SCOTUS Decision In June Medical Services v. Russo

/ Jack Marshall / 8 Comments

This post just leapt over several others because the case was just announced.

The Louisiana Unsafe Abortion Protection Act, enacted in 2014, requires physicians performing abortions in Louisiana to have the right to admit patients to a hospital within thirty miles of the place where the abortion is performed. The law is virtually identical (as today’s opinion points out) to a Texas law that the Court held in Whole Woman’s Health v. Hellerstedt was unconstitutional four years ago by a vote of 5-3. In a vote that will have conservative bloggers’ heads exploding  like fireworks, Chief Justice John Roberts, who had been among the dissenters in the Texas case, joined the four liberals in ruling that the Louisiana law is also unconstitutional, while saying that he still believes that the Texas case was wrongly decided.

The decision is here. SCOTUS Blog’s coverage is here.

I won’t comment on the dissents—-there are several—because I haven’t read them yet.  (But I would bet my head that Justices Alito and Thomas essentially recycled their previous objections to Whole Woman’s Health v. Hellerstedt. ) However, I wrote at length about the Texas case in 2016, and upon reviewing it, I see nothing substantially different from what I would conclude about today’s decision. in both cases, it seems clear that the state was using a pretextual safety measure to restrict abortions as much as possible.  Then I wrote, Continue reading →

Take THAT, Supreme Court Cynics! Ramos v. Louisiana.

/ Jack Marshall / 8 Comments

The U.S. Supreme Court today over-ruled, 6-3, its really bad 1972 holding that rights, like the 6th amendment fair trial requirements, were not necessarily incorporated into the states by the 14th. Oregon and Louisiana, astoundingly, did not require unanimous jury verdicts of guilty in criminal cases, allowing 10-2 convictions. In Louisiana, the anomaly  was an 1898 relic of the Jim Crow era; I have no idea what Oregon’s excuse was.

Louisianans voted in 2018 to do away with the practice,  passing an amendment to the state constitution requiring unanimous verdicts going forward. But up to a hundred prisoners,  like Evangelisto Ramos who was serving a life prison sentence after being convicted of murder in a 10-2 jury vote, will get new trials because their convictions came under the old, unconstitutional law and their appeals aren’t exhausted. The case is Louisiana v. Ramos.

Two aspects of the decision are especially noteworthy, other than the fact that its seems obviously correct. Continue reading →

Unethical Quote Of The Week: An Ice Cream-Licking, Fame-Seeking Moron

/ Jack Marshall / 28 Comments

“All I wanted to do was be famous.”

—Accused ice-cream carton-licker, Lenise Lloyd Martin III, a 36-year-old unemployed man who has been arrested in Louisianan for making a video of himself licking a carton of ice cream in the Big B’s Supermarket in  Belle Rose.

“It’s a shame,” commented Matt Walters, who works at the store. “A grown man doing something like that.” Yes, that’s a shame, but a greater shame is a grown man thinking like that, and a culture that raises its children to believe that fame itself is an accomplishment, regardless of what one is famous for.

The internet and social media have spread this disease of ethics and the mind, but it began long before the web took over our lives. Andy Warhol’s prescient quote, “In the future, everyone will be world-famous for 15 minutes”, first appeared in the program for a 1968 exhibition of his work at the Moderna Museet in Stockholm, Sweden. We saw the hints of the cultural malady with the advent of television, as we saw ordinary Americans getting a thrill from acting like giddy fools behind announcers and TV journalists when they saw a TV camera.

This compulsion spawned such pop culture freaks as “Rocken Rollen” also known as Rainbow Man, who somehow managed to get himself and his rainbow-hued Afro on camera at dozens of live sporting events. At least he stayed in the stands; another example of the phenomenon was fans who ran out on the field mid-game hoping that a TV camera would capture their moment of “fame.”

Clearly, the culture is sending a toxic message to our youth. The movie and subsequent TV series “Fame,” following the travails of aspiring teenage performers, both pushed the false concept that being famous itself is an achievement:

Baby, look at me
And tell me what you see
You ain’t seen the best of me yet
Give me time
I’ll make you forget the rest
…
Don’t you know who I am
Remember my name!
Fame!
I’m gonna live forever
I’m gonna learn how to fly, high
I feel it comin’ together
People will see me and cry,
Fame!
I’m gonna make it to heaven
Light up the sky like a flame,
Fame!
I’m gonna live forever
Baby, remember my name
Remember, remember, remember, remember
Remember, remember, remember, remember…

Continue reading →

Morning Ethics Warm-Up, 5/15/2018: Alito Gets One Right, Ellison Deceived, And An Ancient, Unethical Tactic Works Once Again…

/ Jack Marshall / 24 Comments

To a glorious morning, Ethics-Lovers!

1. Bad Alito, Good Alito.  As I briefly noted yesterday (and hopefully will do in detail today), Justice Alito authored an unethical and embarrassing dissent defending a lawyer who deliberately betrayed his client by telling the jury that he had killed someone his client denied killing. Bad Alito. However, the arch-conservative jurist also authored the majority opinion in Murphy v. National Collegiate Athletic Association, in which the SCOTUS majority struck down a virtuous but unconstitutional law, and did so clearly and well.

These are, I think, my favorite Supreme Court opinions, where the Court ignores the motives and objectives of a law and simply rules whether the legislature is allowed to behave like that. I don’t know, but I would guess that most of the majority feel the way I do about organized sports gambling: nothing good can come of it, and a lot of harm is inevitable. One they get the green light, I’m sure that as many states will take over sports gambling for its easy revenue as now prey on its poor, desperate and stupid with their state lottery scams. Everyone involved–sports, fans, athletes, states, the public’s ethical compass—is going to be corrupted by letting the sports betting genie out of its bottle: just watch.

Nevertheless, the Professional and Amateur Sports Protection Act, a 1992  law known as PASPA, should have been struck down decades ago; I’d love to know why it took so long. No, it did NOT ban sports betting, though this is what far too many news reports tell you. Congress can ban sports betting directly if it chooses to, as it is interstate commerce. This isn’t in dispute. What it did in 1992, however, was to order states not to pass laws states have a constitutional right to pass. The distinction matters. From SCOTUS Blog, which is usually the best source for analysis of these things:

The 10th Amendment provides that, if the Constitution does not either give a power to the federal government or take that power away from the states, that power is reserved for the states or the people themselves. The Supreme Court has long interpreted this provision to bar the federal government from “commandeering” the states to enforce federal laws or policies. [The] justices ruled that a federal law that bars states from legalizing sports betting violates the anti-commandeering doctrine…

…In a decision by Justice Samuel Alito, the court began by explaining that the “anticommandeering doctrine may sound arcane, but it is simply the expression of a fundamental structural decision incorporated into the Constitution” – “the decision to withhold from Congress the power to issue orders directly to the States.” And that, the majority continued, is exactly the problem with the provision of PASPA that the state challenged, which bars states from authorizing sports gambling: It “unequivocally dictates what a state legislature may and may not do.” “It is as if,” the majority suggested, “federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals. A more direct affront to state sovereignty,” Alito concluded, “is not easy to imagine.”

…The court also rejected the argument, made by the leagues and the federal government, that the PASPA provision barring states from authorizing sports betting does not “commandeer” the states, but instead merely supersedes any state laws that conflict with the provision – a legal doctrine known as pre-emption. Pre-emption, the majority explained, “is based on a federal law that regulates the conduct of private actors,” but here “there is simply no way to understand the provision prohibiting state authorization as anything other than a direct command to the States,” which “is exactly what the anticommandeering rule does not allow.”

Got it.

Good decision. Continue reading →

McCoy v. Louisiana

/ Jack Marshall / 30 Comments

Today the Supreme Court ruled in favor of Robert LeRoy McCoy, who was convicted of three counts of murder after his lawyer refused to follow his instruction and plead not guilty as he directed. I had predicted that his convictions would be over-ruled; I also wrote,

“If the Supreme Court does anything but overrule Louisiana in this case by a 9-0 vote, I may turn in my law license in exchange for a free Whopper at Burger King.”

Well, the vote wasn’t 9-0. I think instead of turning in my license, I’m going to turn in my respect for the so-called conservative wing of the Court. The majority opinion was authored by Justice Ginsberg, with Kagan, Sotomayor, Breyer, Roberts, and Kennedy concurring. Two of the conservatives concurred in a dissent authored by Alito: Gorsuch and thomas.

I haven’t had time to read it as carefully as I have to to do a thorough analysis, but I read it well enough to flag it as an embarrassing collection of rationalizations. While the majority opinion interprets a straightforward case according to what is significant about it—a lawyer pleaded guilty for him when his client demanded that he plead non guilty, thus making the conclusion unavoidable, Alito resorts to desperate excuses. Well, this kind of case isn’t likely to happen again. So what? A man was robbed of his Sixth Amendment rights! His story was ridiculous. So what? If that’s his story, he has the right to tell it. The lawyer was placed in a tough situation by a client whose claims were unbelievable. The jury decides who to believe, and a defendant has the right to let them do that. McCoy’s lawyer didn’t believe him. So what? Welcome to criminal defense work. McCoy was going to be convicted anyway.

What????

I can’t believe a Supreme Court Justice is making these arguments. So what? The principle of the rule of law is that it is vital that the defendant, if he is convicted, is convicted the right way, constitutionally. The conduct of McCoy’s lawyer was indefensible under the ethics rules, and the Constitution.

Reading the whole opinion and the dissent is revealing, and not in a good way. The majority opinion shows us that the Supreme Court can’t say the sky is blue without making the case in the mots turgid way possible. This opinion should have been a few pages at most.

The dissent lets us know that Justices Alito, Gorsuch and Thomas look for minuscule fragments of justifications to avoid doing the right thing.

 

Morning Ethics Warm-Up, 3/29/18: Baseball Opening Day Edition, Plus Earlobes, Insults, And Tampons…

/ Jack Marshall / 41 Comments

Good Morning, And Play Ball!

1. To Tony C.  This is always a happy day for me, but I want to mute my joy a bit by dedicating this baseball season to the late Tony Conigliaro. Since my teens, he has been my constant inspiration to live every day to its fullest, because no matter how bright and promising the future seems at any moment, everything can change in the blink of an eye, or an errant pitch from Fate right into your face.

That’s what happened to Tony C. on a cruel August night in 1967. He was playing right field and batting clean-up for his home town baseball team, in a season that would see them win a miracle pennant. He was young, handsome and incredibly talented. He had become the youngest player ever to hit a hundred home runs,  and was in his fourth big league season at the tender age of 22.Then everything changed. Tony’s existence was swept up and placed on a new and dark road that ended with a fluke heart attack and stroke at the age of 37, and a lingering twilight half-death in brain damage until he mercifully passed away eight long years later.

All we can do now is remember a beautiful young man and a brilliant athlete who gave his home town many thrilling moments to savor in the brief time allotted to him, who had everything, and then lost it without reason, warning or justice…and also remember that every day should be lived right, and well, with the determination to be the best we can be, because we may never have a chance to be any better.

Yes, this baseball season is dedicated to you, Tony.

For me, I guess they all are.

2. No, this isn’t The Onion. This is a real tweet from the Democratic Party, authored by Congresswoman Grace Meng:

She continues…

“Women deserve equal access to our economy, not punishment for their gender. That’s why I’ve been working with my fellow women to fight for more access to tampons, pads, and the full range of menstrual products since 2015. …I’ve introduced legislation to make these products more affordable — because leveling the playing field and stopping period-shaming give women, especially low-income women, a better chance to succeed in our economy…What else would give women a better chance to succeed? Electing more women to fight these fights with me — because we need leaders who understand the experiences of those they represent. ..Head to and commit to vote in 2018 and beyond, because women can’t wait for economic fairness any longer.”

I hope I don’t have to explain what is wrong with this, and I eagerly anticipate being able to parry any brain-melted partisan who reads something like this and says, “Hey, what a good idea!” Yet obviously millions of people are in thrall to this kind of slippery slope progressivism: if a gender, or a race, or a nationality or any other tribe has a unique need or problem, then all of society must help pay for it, or life is unjust. Was a virus released into the water system of certain major cities.? What else can account for such abdications of personal responsibility being accepted as fair and reasonable?

Hey! Why doesn’t the government pay for my electric razor? Continue reading →