Muslims

( PSSST! The Supreme Court Just Unanimously Pointed Out That The Courts Blocking The Trump Temporary Travel Ban Were Playing Partisan Politics, Not Objectively And Ethically Doing Their Jobs)

/ Jack Marshall / 56 Comments

As many predicted (including me), the Supreme Court unanimously slappped down the lower court injunctions based on claims that the Trump temporary travel restrictions on six Muslim countries were unconstitutional, writing,

But the injunctions reach much further than that: They also bar enforcement of §2(c) against foreign nationals abroad who have no connection to the United States at all. The equities relied on by the lower courts do not balance the same way in that context. Denying entry to such a foreign national does not burden any American party by reason of that party’s relationship with the foreign national. And the courts below did not conclude that exclusion in such circumstances would impose any legally relevant hardship on the foreign national himself. See id., at 762 (“[A]n unadmitted and nonresident alien . . . ha[s] no constitutional right of entry to this country”). So whatever burdens may result from enforcement of §2(c) against a foreign national who lacks any connection to this country,they are, at a minimum, a good deal less concrete than the hardships identified by the courts below.
At the same time, the Government’s interest in enforcing §2(c), and the Executive’s authority to do so, are undoubtedly at their peak when there is no tie between the foreign national and the United States. Indeed, EO–2 itself distinguishes between foreign nationals who have some connection to this country, and foreign nationals who do not, by establishing a case-by-case waiver system primarily for the benefit of individuals in the former category. See, e.g., §§3(c)(i)–(vi). The interest in preserving national security is “an urgent objective of the highest order.” Holder v. Humanitarian Law Project, 561 U. S. 1, 28 (2010). To prevent the Government from pursuing that objective by enforcing §2(c) against foreign nationals unconnected to the United States would appreciably injure its interests, without alleviating obvious hardship to anyone else.

…The Government’s application to stay the injunction with respect to §§6(a) and (b) is accordingly granted in part. Section 6(a) may not be enforced against an individual seeking admission as a refugee who can credibly claim a bona fide relationship with a person or entity in the United States. Nor may §6(b); that is, such a person may not be excluded pursuant to §6(b), even if the 50,000 person cap has been reached or exceeded. As applied to all other individuals, the provisions may take effect.

Got that?

“To prevent the Government from pursuing that objective by enforcing §2(c) against foreign nationals unconnected to the United States would appreciably injure its interests, without alleviating obvious hardship to anyone else.” Continue reading →

Comment Of The Day: “New Orleans’ Historical Air-Brushing Orgy”

/ Jack Marshall / 22 Comments

I confess: I’m behind in posting Comments of the Day. There are at least two that are on the runway. This one, Steve-O-in-NJ’s discussion of statue-toppling and historical airbrushing in other nations, is the most recent. It also doesn’t involve virulent anti-Trump hysteria, which I am becoming extremely weary of even as I have to chronicle it, since it, and not its target, is one of the major ethical crises of our time. (It also is really, really interesting.)

Here is Steve-O-in-NJ’s Comment of the Day on the post, “New Orleans’ Historical Air-Brushing Orgy”:

There IS some historical precedent for something like this. I don’t know how well-traveled you are, but if you visit Ireland and India you will still see plinths that once held statues of individuals associated with the British Empire that were removed in the aftermath of independence. You will also see relatively new statues of folks associated with the new regime, some of whom, in life, might have been considered criminals or terrorists. Two obvious examples are:

Michael Collins, national hero to the Irish, magnificent bastard to the Brits, and, any way you slice it, terrorist, who achieved his goals by shooting police and soldiers in the back, sniping, and bombing. His bust stands in Dublin and his statue marks the place where he was assassinated after mistakenly thinking he could just turn off the tap of the passions he had stirred up

Tatya Topi, Indian rebel ruler who it is believed gave the order for the massacre of women and children at Cawnpore, later captured and executed by the British. At least three statues in India now honor him as a freedom fighter, and one of them was in fact placed where a memorial to the victims of the massacre once stood.

Some of the monuments that represented the old ways were treated like scrap metal, like a statue of Queen Victoria that once stood in Dublin, dumped in a grass field until a deal was struck to ship it to Sydney, Australia, where it stands now. Five other statues of kings of kings and viceroys were moved to an abandoned area of Coronation Park in New Delhi following independence, where they stand forlorn and poorly maintained, partially because no one wants to pay to have them destroyed or shipped somewhere else in the world that might want them. Ironically, the one of George V, which came from India Gate, was to have been replaced by one of Gandhi, but to this day the canopy is vacant, because the Indian Parliament could not agree on details.

Continue reading →

Yes, Black Lives Matters Is A Racist Organization (Racism Is Unethical)

/ Jack Marshall / 38 Comments

Black Lives Matter has banned whites from attending an upcoming event in Philadelphia, designating it as  “black only.”

The April 15 meeting will plan  projects and initiatives for the upcoming year as well as serving as a “black only space”  for people—well, those who are the right color— to “meet, strategize and organize.” Whites are explicitly banned from the meeting, according to the organization’s Facebook event page.

When criticism began coming over Twitter, Black Lives Matter Philly explained that their meetings are “black centered.”

Oh.

Racist.

As Ethics Alarms has stated repeatedly.

While reminding all that the Democratic Party still officially endorses BLM and thus its hypocritical anti-white racism as well, there is this: Continue reading →

About the “So-Called” Judge’s TRO

/ Jack Marshall / 30 Comments

robart

Ethics Alarms had a revealing comment on the post about the grandstanding and unethical ex-acting-Attorney General’s  breach of her duty to represent her client regarding the President’s Middle East immigration Executive Order. Following Judge Robart’s temporary restraining order (or TRO), the reader said, in essence, ‘See? She was right! The order was illegal, just like she said it was!’ The comment was idiotic on its face on many levels, yet it was also a fair summation of how partisan citizens have viewed the controversy. The various TROs validate the criticism of the Executive Order in their minds. They don’t, however. Judge Robart’s order particularly doesn’t. In fact, it is infuriatingly vague.

Now, a TRO doesn’t necessarily have to explain in detail what is wrong with a law, regulation or order. The purpose of this judicial act is to stall a measure that has the potential of causing a lot of disruption, unhappiness or expense from going into effect until there can be a decisive determination that it is legal, constitutional and within the power of the government entity that issued it. A judge issuing a TRO must conclude that the objection to the act is substantive, that the party applying for the TRO has a substantial chance of prevailing on the merits, and that the party has standing to object. The judge does not have to conclude that the party asking for the order is right, just that the party may be right.

However, reading Judge Judge Robart’s order, one can glean no clue as to why the TRO was justifiable, and why it is so sweeping. Although the judge writes in his conclusion that…

The work of the court is not to create policy or judge the Wisdom of any particular policy promoted by the other two branches. That is the work of the legislative and executive branches and of the citizens of this country who ultimately exercise democratic control over those branches. The work of the Judiciary, and this court, is limited to ensuring that the actions taken by the other two branches comport with our country’s laws, and more importantly, our Constitution. …

[T]he court is mindful of the considerable impact its order may have on the parties before it, the executive branch of our government, and the country’s citizens and residents. The court concludes that the circumstances brought before it today are such that it must intervene to fulfill its constitutional role in our tripart government.

…the order never states what is illegal or unconstitutional in his view.  This omission has led many analysts to conclude that there isn’t anything. He just doesn’t like the order. Much has been made of the fact that Robart was a Bush appointee, so the order isn’t “partisan.” Of course, the same people making this argument, in other settings, would maintain that a Bush appointment is just a bad judge. Many, many, many Republicans  and conservatives detest the President, and especially, one should remember, the Bush family. It is far from unlikely that bias against the President caused Judge Robart to employ poor judgment. Democrats cite the fact that Rorart is a conservative as part of a wonderfully convenient construct: if a conservative judge opposes them, the fact that he’s a conservative means he’s wrong, and if a conservative judge agrees with them, the fact that he’s a conservative means he’s right.
Some of the exchanges in the hearing that led to his order directly contradict his written statement that he is not questioning the wisdom of the order rather than challenging its legality.

Continue reading →

The Easy Ethics Verdict On Trump’s Middle East Immigration Suspension

/ Jack Marshall / 39 Comments

immigration-protests

There are three steps to evaluating the ethical nature of any law or government action. The first is what was done. The second is how it was done. The third, and usually most difficult to assess, is why it was done, and whether the measure’s objectives are ethical, including whether the measure can reasonable be expected to accomplish them. . What President Trump’s controversial Executive Order temporarily halting immigration from seven Muslim nations is was covered in the previous post on the subject. Thanks to the fact that our mainstream journalists are incapable of reporting some news events without allowing their biases to distort or confuse the facts, the what was misrepresented to the public, and that misrepresentation is reflected in most discussions of the relevant issues on the web.

How the measure was implemented is an ethics  issue, as this involves competence, responsibility, accountability, diligence and leadership.

The Executive Order was incompetent and irresponsible.

There, that was easy.

It’s nice to be able to post an analysis here that nobody will disagree with. Usually I don’t even bother posting such verdicts.

The sudden order (you can read it here) caused world-wide confusion. Passengers were barred from flights to the United States. Customs and border control officials received notice and instructions in the wee hours of the morning, and many began work without knowing what they were supposed to do.  The order  blindsided Trump’s cabinet—what there is of it so far—including Homeland Security chief John Kelly and, incredibly, “Mad Dog”  Mattis, the new Secretary of Defense, who was not consulted by the White House during the preparation of the order and was not given an opportunity to provide input while the order was being drafted. Mattis did not see a final version of the order until a few hours before President Trump arrived to sign it at the Pentagon. Now he really has reason to be be mad. Continue reading →

The Media’s Unethical Reporting On Trump’s Refugee Pause Order: Does Telling The Whole Story Fairly And Accurately Even Matter To These Hacks Any More? Does Their Trump-Hating Audience Even Care?

/ Jack Marshall / 52 Comments
How many of these protesters have read the Executive Order they are protesting? My guess; none of them.

How many of these protesters have read the Executive Order they are protesting? My guess: none of them.

I didn’t intend this to become Outrageously Unethical Journalism Sunday, but that’s how it is turning out. Not my fault. Don’t blame the messenger.

Here, for the sake of organization and clarity, are some things that you may not have been told about the Trump refugee order that all the Sunday Morning TV shows are and the news sources yesterday were going nuts over. I couldn’t watch all of the former, of course, and some are going on as I write this. Maybe some responsible journalism snuck in, and if it did, please let me know who was responsible, in both senses of the word. So far, however, the mainstream news media is doubling down on its determination not to allow facts to get in the way of its 24-7 effort to demonize President Trump, and my increasingly bats Facebook friends, and yours, I assume, are taking it all as the Utter Truth…

I. Calling the Trump Executive Order a “Muslim Ban” is a lie. Nothing less.

II. In 2011, President Obama ordered a halt to the acceptance of refugees from Iraq for six months (that’s twice the three months of the Trump order yesterday) with no adverse reaction from the news media whatsoever.

III. The seven nations targeted in Trump’s order were not his administration’s collection, but Obama’s, with the addition of Iran.

IV. All of this had to be included in any competent, fair and truthful report about yesterday’s order. As of yesterday, none of it was, at least in major news sources, or the information was buried deep in the reports under hysterical headlines.

Got all that?

It is 100% true. If you were not aware of it before, you are misinformed. If you or your family, friends or acquaintances were on social media proclaiming that the order proves Trump is Hitler, just as you suspected, without knowing the above, you are spreading fake news. If you did this while knowing the above, you are deliberately misrepresenting reality to press your misguided false narrative. Or, in the alternative, you are a rationalizing fool.

Remember, no ethical analysis can proceed without accurately establishing the answer to the question, “What’s going on here?” If one does not have the facts, one cannot perform the analysis. Answering the question incorrectly, as in “What’s going on here is that a xenophobic madman just violated the Constitutional right to the free exercise of religion!!!! ARGGGHHH!” also guarantees a flawed analysis.

You will note that the best sources for establishing the shockingly biased and unethical reportage of this event are conservative sources. This is because this right-biased alternative to the left-biased news media developed specifically for situations like this, in which the truth is deliberately skewed by political bias from the exact same people the public has been taught to trust to keep it informed. As the previous post also demonstrates, that trust is no longer warranted.

Right up front, I want to credit Prof. William Jacobson of Cornell Law School. Every single news source had an obligation to include the information he researched and posted on his blog, but none did.  Now, some details:

1. Read the order itself. Scroll past it if you want to my commentary, but as the professor says, “You should read the actual EO, because most of the media and leftist pundits either have not or are lying if they have.” It is long; I have formatted it for easier reading, but it is long. Nonetheless, the news media have proven beyond, not just a reasonable doubt but the shadow of a doubt that its journalists cannot be trusted to digest this kind of document and relay it truthfully.

Res ipsa loquitur: CNN, from which I obtained the text, headlines the order,

Full text of Trump’s executive order on 7-nation ban, refugee suspension

But there is no ban! That headline is fake news. If you don’t read the order yourself, and yet start ranting on Facebook about the suspension of freedom of religion or some other non-factual nonsense, then you are irresponsible, and you are spreading disinformation. Read it yourself, ascertain what it means if you are uncertain, or shut up about it.

And welcome the era of biased, untrustworthy, partisan journalism.

Here is the EO: Continue reading →

From The “Bias Makes You Stupid” Files: Exploiting A Knife Attack To Push Gun Control

/ Jack Marshall / 29 Comments

files

The kind of bias at work here is confirmation bias. Whatever incompetent media outlet immediately leaped to the conclusion that the attack at Ohio State was  an “active shooter situation” yesterday morning (Talk about “fake news”!), we soon learned that the tragedy was really an automobile-and-butcher knife terrorist attack carried out by 18 -year-old Somali Muslim refugee  Abdul Artan.

But never mind. Numerous anti-gun zealots were so thrilled to have another mass shooting to exploit that they couldn’t even wait to find out if guns were involved. So they rushed to Twitter to begin the familiar onslaught before the event itself was clarified. Good old Twitter: there’s nothing like quick and easy access to make you look like an ass.

There was Losing Vice Presidential Candidate Desperately Waiting For A Recount Miracle Tim Kaine:

kaine-tweet

Good point, Tim! After all, what could be a more senseless act of gun violence than using a knife? Continue reading →

Four Unethical Dispatches From The 2016 Post Election Ethics Train Wreck: #3

/ Jack Marshall / 99 Comments

Here is another troubling example of how some supporters of Hillary Clinton regard dissenting views from fellow citizens as proof of malign character…and then seek to hurt them.

III. An NYU Student and the New York Times

“I’m a Muslim, But My Roommate Supports Trump,” writes NYU student Romaissaa Benzizoune in The New York Times. She begins,

When she outed herself to me as a Trump supporter, I realized I had finally found the “silent majority.” I looked at her, this suddenly strange girl who sleeps a few feet away from me, my college roommate. The silent majority has seen me put on my head scarf in the morning and take it off at night. The silent majority has touched my face, done my makeup, watches “Gilmore Girls” religiously. The silent majority occasionally enjoys sliced mango before bed.

We fought; I packed. This was Tuesday evening, so I headed to my friend’s dorm, where a small group of us, mainly black women, tried to find solace in one another as the country slowly fell to red. I tried and failed to speak, to write. I ignored my roommate’s lengthy texts.

Did she really expect me to respect her choice when her choice undermined my presence in this country, in this university, in my very own dorm room? Did she really expect me to shake her hand for supporting a candidate who would love to bar my relatives from this country, who has considered making people of my faith register in a specific database and carry special ID, Holocaust-style?

I’m not sure what she expected, but I’m certain the writer’s room mate assumed that her room mate wouldn’t write an article for the New York Times that did everything but mention her name, and intentionally made her a target of hate and harassment from fellow students, possibly faculty, and anti-Trump wackos who have been caught on video beating up Trump supporters.  Continue reading →

Donald Trump: A Pre-Election Ethics Alarms Character and Trustworthiness Review: 2005-2016 [UPDATED]

/ Jack Marshall / 33 Comments

trump-mocks-disabled-reporter-cnn-usa-today

Donald Trump has no character or trustworthiness. Next question?

Oh, all right, in the interests of equity and fairness, I’ll submit The Donald to the same process as I did with Hillary Clinton, though in his case the verdict is res ipsa loquitur. Trump’s lack of ethics and his unfitness to fill the shoes of Washington, Lincoln, Teddy, FDR, or Millard Fillmore is, or should be, self-evident. Those for whom it isn’t self-evident are either ignorant, devoid of values themselves, or intentionally seeking to harm the United States.

I’ve been writing about the awfulness that is Donald Trump since 2005. He was noted for his dishonesty on my Ethics Scoreboard when I called foul on his marketing “various ‘get rich’ products, including tapes, seminars, and “Trump U,” an on-line delivery system for more of the same.” I wrote in part…

There are thousands upon thousands of Americans who started with meager resources and made themselves rich through talent, hard work, creativity, inventiveness, and some luck. …Not Trump. The success of his pitch to the desperate wannabes and clueless is based on their erroneous assumption, nurtured by Trump but not explicitly supported by him, that he can teach them to do what they think he did…make himself rich through hard work and a business savvy. But what Trump is best qualified to teach is how to make yourself richer when you inherit an established business and have millions of dollars plunked into your waiting hands after your Dad has sent you to Wharton.

The fact that Trump doesn’t lie outright about his background but simply allows his marks to jump to the wrong conclusions puts his “get rich like me” marketing efforts in the category of deceit…but deceit is still dishonesty. Trump undoubtedly has useful wisdom to impart about building a successful career; it’s not as easy to stay rich as some people think. Ask most state lottery winners. Still, the most vivid lesson of Donald Trump’s successful campaign to sell himself as a self-made billionaire is the lesson that 19th Century con-man Joe Bessimer pronounced more than a century ago: There’s a sucker born every minute.

So we knew, or should have known, that this was a con artist at least back eleven years. In 2006, I posted on Trump’s misogyny and incivility, writing about the first outbreak of his feud with the equally vile Rosie O’Donnell, and their public name-calling…

Rosie set off the exchange by suggesting on ABC’s “The View” that Trump’s recent assumption of the role of moral exemplar by chastising and threatening to fire the reigning Miss USA for being a party-girl was more than a little ridiculous, given his own well-documented penchant for fast women and extra-marital affairs. Sometimes Rosie’s full of beans, and sometimes she gets it right; this time she was right, but spoiled it by concluding her commentary with some unflattering name-calling. Trump, no girly-man he, immediately said he would sue O’Donnell, and then launched into an extended riff on how unattractive and fat she was, including the charming phrase, “pig-face.” Classy as always, Donald…. Yes, anyone who admires either of these two annoying characters already has a problem, but there is no escaping the fact that both are celebrities, and as celebrities they contribute to establishing cultural norms of civility and conduct. This is especially true of Trump, who despite his low-life proclivities is a successful business executive. Resorting to personal attacks on an adversary’s weight or appearance is disrespectful, unfair, cruel and indefensible. Doing so on national media is like firing a shotgun into a crowd. There are a lot of fat or unattractive women out there, Mr. Trump, who are smart, generous, productive, loving, intelligent people… Golden Rule, anyone? How are we to convince our children not to ridicule the personal traits of others, when those they see as rich, famous and successful do the same openly, shamelessly, and even gleefully?

You can imagine my continued amazement that ten years after writing this rather obvious assessment, without Trump having undergone a complete transformation, and indeed with his conduct and public statements becoming worse rather than better, we are on the eve of a day that may live in infamy as the moment democracy  completely failed the United States of America, inflicting on it, and the world,  as unstable and unqualified a leader of a great power as history has ever witnessed. Continue reading →

France’s Unethical—And Really, Really Stupid— “Burkini” Ban

/ Jack Marshall / 104 Comments

burkinis

I’ve received several inquiries requesting an  Ethics Alarms analysis of the current controversy roiling France, namely the so-called Burkini Ban.  Muslim women had been wading into the French Riviera surf wearing “burkinis,”  body-covering swimsuits designed to be compliant with the Islamic faith , and one resort  town after another, fifteen in all including Cannes and Nice, declared them illegal. The women entering the water wearing such attire have been ticketed for not “wearing an outfit respecting good morals and secularism.”

Well, I try not to spend much time here writing about the obvious. The ban is unethical. In the U.S., such laws would be over-turned before the arrested women’s bathing suits were dry, since the meaures violate both the First Amendment and the Equal Protection Clause of the Constitution. It should be obvious that the ban is unfair, as it is sexist, directed against one religion, and makes no sense whatsoever.

Sometimes I wonder if the French quite get this ethics thing. This is an example.

Both conservatives and many liberals in France support the ban. The conservatives, in addition to wanting to punish Muslims for recent Islamic terrorist attacks, claim  to be upholding France’s core principle of “secularity,” enshrined in the nation’s constitution. Liberals argue that the Islamic strictures against women exposing any part of their bodies in public are misogynist, patriarchal, and “regressive,” so the bans defend the rights of women…by preventing women from wearing what they choose to, observing their own religion, and taking a swim.

You see what I mean about not quite grasping the whole “ethics” thing? The equivalent argument in the U.S. would be if feminists argued that sexy bathing suits be banned because they objectified women, even when the women wearing them felt like being objectified. The Burkini Ban is, to be blunt, idiotic. Continue reading →