Tag Archives: Neil Gorsuch

Ethics Note To Bill Maher: Be Funny Or Be Accurate, Otherwise You’re Just Being A Divisive Asshole

Stop! Stop! You’re killing me!

I used to watch Bill Maher regularly during his Comedy Central days, before he decided he was such an insightful political pundit that he could afford to eschew comedy and just engage in full-time conservative and Republican smearing. On his HBO show Bill is only useful now to remind us of the ugliest tendencies of the Young Angry Left, as Maher will engage in such “comedy” as calling Sarah Palin a cunt, while his audience of fawning dim bulbs clap and bark like hyper-active seals. All Maher does is try to fan the flames of societal division and hate, and HBO is apparently satisfied with that, since there are enough progressive fans of societal division and hate that being funny isn’t deemed essential.  Maher’s weekly partyist ranting has even spawned imitators on other networks, like Samantha Bee and John Oliver. Both are funnier than Bill.

Still, millions of people see this poison and spread it around the internet, so I guess it’s past time to point out how Maher is either ignorant or determined to spread stupidity via confirmation bias. We can stipulate that he’s no longer funny, and seldom even attempts to be.

At the end of last week the latest episode of “Bill Foams At the Mouth” debuted, with the confirmation of Neil Gorsuch the primary object of Bill’s wrath, I mean “wit.”  He began with his monologue.

If anyone senses a joke, raise your hand.

“I don’t know why you’d be happy today. Today is a day Republicans are happy. They got their two favorite things — a right-wing asshole on the Supreme Court and Trump finally blowing some shit up.”

Please note:

  • Bill assumes that only one side of the political divide watches him. He’s right, but it’s not healthy for the culture, and he’s one of the reasons comedy and the arts now divide rather than unite us.
  • Maher calls a dedicated jurist and legal scholar an “asshole” simply because he’s conservative. This is bigotry. Denigrating, stereotyping and demonizing whole categories of people based on their priority of values is no different ethically from denigrating them based on their religion or ethnicity. It’s unfair, disrespectful, irresponsible and undemocratic.
  • Did you raise your hand? Maher, a professional comedian, gets laughs by using words like shit, asshole, and cunt. There was a guy I knew named Larry who did that quite successfully too.

Of course, we were in the 5th grade…

Then Maher, as usual, moved on to calling Republicans racists.

In 2013, 98 Republicans signed a letter saying bombing Syria in response to a chemical attack was unconstitutional without congressional authorization. But this is different because Obama was President then. That would have involved bombing while black, and you can’t — can’t do that.

In the wake of the embarrassment and the exposure of President Obama by President Trump’s decisive handling of an issue that his predecessor made into a trademark display of his weakness, fecklessness  and dithering, the desperate Obama Fan Club has virtually made Maher’s spin a talking point. Almost all media accounts bolstering their narrative leave out the actual sequence of events, which was… Continue reading

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How Do We Know The Democrats Can’t Find Any Ethical Reason Not To Confirm Judge Gorsuch? Because They Searched And Searched, And The Best They Could Come Up With Was THIS [UPDATED]

Pathetic. Desperate.

Typical.

“And it’s a HAIL MARY PASS!!!!!!!”

Today headlines screamed—do mark the journalists and news organizations, for they exemplify Prof. Glenn Reynold’s jibe, “Democratic operatives with  bylines”—that Supreme Court nominee Neil Gorsuch had committed plagiarism in four passages of his 2006 book “The Future of Assisted Suicide and Euthanasia,” which was based on his 2004 Oxford dissertation, before he became a judge.

That’s a stretch, and more than that, making this a major new story now indicates bias.

In the most egregious of the passages cited, Gorsuch included a description of the famous “Infant Doe” case that tracks closely with the description in a 1984 law-review article by Abigail Lawlis Kuzma. Both versions primarily quote from the court opinion: Kuzma’s article tracks equally closely to the original opinion, a 1982 Indiana court ruling that was later sealed, a  pediatrics textbook, “Rudolph’s Pediatrics,” and a 1983 article in the Bloomington Sunday Herald. Gorsuch cited all of these, but did not cite Kuzma’s article.

He should have. That’s a citation error, but probably not plagiarism. Several the sentences in the book and the article are identical or close to it, and Gorsuch should have used quotation marks. However none of the sentences involved anything but factual  and technical descriptions. For example,the article states that “Esophageal atresia with tracheoesophageal fistula indicates that the esophageal passage from the mouth to the stomach ends in a pouch, with an abnormal connection between the trachea and the esophagus,” and Gorsuch wrote, “Esophageal atresia with tracheoesophageal fistula means that the esophageal passage from the mouth to the stomach ends in a pouch, with an abnormal connection between the trachea and the esophagus.” 

Now, if I were writing about esophageal atresia, about which I know nothing, in the course of an analysis of a larger issue, I would probably re-phrase that passage, perhaps writing, “When the esophageal passage from the mouth to the stomach ends in a pouch, with an abnormal connection between the trachea and the esophagus, this is the condition called esophageal atresia with tracheoesophageal fistula.” I haven’t added anything original, though. There are no new thoughts or content. My re-phrasing would just dodge the accusation of plagiarism. When I wrote my thesis, which involved reviewing multiple biographies of every U.S. President, it was not uncommon for me to find paragraphs in the earliest materials that were worked over and re-phrased again and again, with no quotes but citations.

The National Review, a conservative publication, so its position will be discounted as biased and partisan, tracked down Kuzma, who waved off the plagiarism charges:

“These passages are factual, not analytical in nature, framing both the technical legal and medical circumstances of the “Baby/Infant Doe” case that occurred in 1982. Given that these passages both describe the basic facts of the case, it would have been awkward and difficult for Judge Gorsuch to have used different language.”

Weeell, that’s laying it on a bit thick. Gorsuch certainly could have done a more academically acceptable job of re-stating the substance of what she wrote; it’s not THAT “awkward and difficult.”

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Signature Significance: The Democratic Party’s Irresponsible And Petulant Gorsuch Tantrum [Updated]

Signature significance, in the context of ethics, is when a single example of conduct or a single episode is sufficient to make a definitive judgment about the ethical values of an individual or an organization. It is something so striking and blatant that the usually valid statistical argument that one data point is meaningless doesn’t hold true. Ethics Alarms refers to signature significance frequently.

The Democratic Party’s behavior regarding the confirmation of Judge Gorsuch is signature significance. It won’t work. It will result in permanent harm to the Senate, harm that will initially most affect Democrats. It is hypocritical, irresponsible, and embarrassing, at least if the party is considering citizens who understand what is going on, admittedly a minority. It is unprofessional. It is dishonest. It is unpatriotic. The conduct is so obviously irresponsible that it is difficult to believe that Democratic leaders don’t realize it. Because it is all these things, the strategy is also very close to insane.

I just watched Senator Grassley’s address to the Judiciary Committee, ticking off l the reasons why the inflammatory Democratic rhetoric regarding Judge Gorsuch ranged from untrue to self-contradictory to ludicrous. He wasn’t exaggerating; it wasn’t a partisan speech.  Grassley reminded the committee that Gorsuch had been unanimously confirmed when he was nominated to the 10th Circuit. The Senator correctly explained why the recent mantra that Gorsuch wasn’t “mainstream” was counter-factual, since he has voted with the majority on that court over 90% of the time.

Grassley dismissed as offensive and judicially ignorant (my words, not his; Chuck was appropriately mild in his word choices) the argument that Gorsuch lacked compassion and wouldn’t rule “for the little guy.” Competent and ethical judges—unlike, say, Justice Sotomayor—don’t change their decisions according to which litigant is “big,” “little,” rich, poor, black or white. Their job, duty and role is to clarify what the law is. It is only part of the current progressive delusions, most recently shown in the rulings against the Trump travel halt from terrorist-teeming Muslim nations, that judges should base their analysis on their personal and political biases, when those biases are the “right” ones.

Senator Grassley then moved to the complaint that Gorsuch “refused to answer questions.” “What this means is that the judge wouldn’t say in advance how he would rule on cases that hadn’t come before him yet,” the Senator said. Of course he is exactly right. No judicial nominee has been willing to answer such question since the Democrats politicized the confirmation process forever by voting down Reagan appointee Robert Bork, despite the judge being as qualified and brilliant a jurist as anyone nominated to sit on the Court. No judge should have answered such questions before that, either. Cases are decided on the law and the facts. A justice who has made up his or her mind before even reading the briefs or hearing oral arguments is not judging fairly or competently.

Finally, Grassley pointed out that no Supreme Court nominee has ever faced a filibuster or the threat of one. For Gorsuch to be filibustered by Democrats, despite being assessed by almost every legal expert and commentator as unusually distinguished and qualified (including the left-leaning American Bar Association, which has found conservative judges less than qualified in the past because they were…conservative), is indefensible on the merits. Continue reading

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Comment Of The Day: “President Trump Will Not Throw Out The First Ball Of The Baseball Season”

The post about how the Democratic hate-mongering campaign against President Trump has stopped him from continuing the century old tradition of POTUS symbolically signalling the beginning of the baseball season with a ceremonial first pitch inspired another Comment of the Day from Steve-O-in NJ, on the related topic of jerks.

Part of his commentary below evokes TV comics, who, as he notes, have become entirely one-party, partisan shills, and if that leaves humor in the dust, so be it.

Last night, reacting to news that Ivanka Trump would be an unpaid but official advisor to her father, Daily Show host Trevor Noah  played a clip of an old interview with Ivanka by Leslie Stahl, in which the First Daughter answered a question about whether she would be active in the administration, saying,

“Um no, I’m going to be a daughter.”

“And a liar!” quipped Noah. HAHAHAHAHA! Isn’t that funny? HAHAHAHAHA! He’s a vile, unfunny,  dumb partisan hack. What she said wasn’t a promise, and it wasn’t a pledge. Even if it was uttered by Ivanka under oath, it couldn’t be called a lie, or even hypocrisy, unless there is reason to believe that she said this knowing it wouldn’t be true. Proof, please, Mr, Noah, you asshole.

That’s what she thought was the case then; now conditions have changed, and she decided to do something else.  If a woman, say, Ivanka Trump, said on TV, “I’m going to marry Trevor Noah,” and then, having seen what a miserable jerk he is on TV, decided not to marry him, would that mean she was lying when she said she would? Do these relentless leftist hit-comics —Bee, Oliver, Maher, Colbert, Kimmel, et al, or the right-oriented…wait, there are no right-oriented comics—have any integrity at all? Decency? Or a dictionary?  The people who find Noah’s attack on Ivanka hilarious are the same people who were glad she was harassed on an airplane, and who organized a boycott of her products. You know. Jerks.

Mega Jerk Noah then detoured into news that former South Korea President Park Geun-hye would be jailed for corruption. “Wow, a president impeached, removed from office and thrown in jail. Imagine that,” said Noah, “No, no, seriously, let’s all close our eyes and imagine that.”

I have Facebook friends who issue bile like this every day. It is simply, clearly, hate-mongering, citizens wishing ill on their nation’s leader, making two party government impossible, and fanning the flames of social unrest while proclaiming their own bias and ignorance. They want to jail the President of the United States because he beat their corrupt, incompetent candidate. Stalin would be so proud.

These are friends of mine, but their conduct is detestable and loathsome.

But I digress. Here is Steve-O-in NJ’s Comment of the Day on the post, President Trump Will Not Throw Out The First Ball Of The Baseball Season:

Someone compared me to Mr. Hyde or a werewolf, so I have to make sure I’ve taken my potion before I respond. Unfortunately, the jerks win a lot more than a lot of us would like to admit, as every kid who took the long way home to avoid the class bully, every girl who didn’t attend dances because she was marginalized by the queen bees, and three quarters of people who quit jobs (75% of resignations are due to not getting along with one’s immediate supervisor) can testify to. In the past the grown-up culture of this country had moved past jerkiness, now it thrives on it.

Part of it is the ease with which now anyone can say anything about anyone and have it cross cyberspace in the blink of an eye. Not only that, but now anyone with a couple of apps or Photoshop (if you spring for it) can easily make anyone look bad or create an image that can’t be unseen (I just got Photoshop, and a friend who serves me in the same role as Jiminy Cricket warned me to use it wisely and NOT to combine my photographic and rhetorical skills to cook up tasty, quickly digestible morsels of hate, bias, or disdain) . However, just because you can do something doesn’t mean you should.

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Incompetent Elected Official Of The Month: Rep. Devin Nunes (R-CA)

Usually the “Incompetent Elected Official” category comes down to some variety of a conclusion that can be summed up by the sturdy phrase, “What an idiot.”  This one is worse than that.

Representative Devin Nunes is chairman of the House committee investigating Russian interference in the Presidential election. This involves intelligence, investigations and secrets that are necessarily a matter of discretion until a final report can be released. No investigation can proceed in a trustworthy manner if every new shred of information becomes public, or worse, is revealed to parties who have a stake in the investigation. This has been understood by members of Congress since, oh, the first Congressional inquiry. The Constitution’s framers assumed that Congress would conduct investigations, just as as the British House of Commons did. James Wilson of Pennsylvania, Convention delegate, a future Supreme Court Justice and the Declaration of Independence signer that “1776” unjustly smears as a weenie , wrote in 1774 that House of Commons members were considered

“grand inquisitors of the realm. The proudest ministers of the proudest monarchs have trembled at their censures; and have appeared at the bar of the house, to give an account of their conduct, and ask pardon for their faults.”

During the First Congress in 1790, Robert Morris, who was the superintendent of finances during the Continental Congress and a financier of the American Revolution, asked Congress to investigate his handling of the country’s finances to clear his name of claimed improprieties. If Nunes doesn’t know the history of the legislative function he is involved in, he should.

Nunes had received intelligence that related to the President’s disputed claim that “he” (meaning who and what, it is unclear) had been wiretapped (meaning surveiled, presumably) by  “Obama” (meaning someone who reports to Obama, I’m guessing), and chose to bypass his committee members, Democrats, protocol and common sense by relaying it directly to the White House. The new information,  Nunes said, showed that American intelligence agencies monitoring foreign officials may have “incidentally” picked up communications from Trump transition team members, and thus the President’s much maligned accusation was kind-of, sort-of, bolstered.

Predictably, the President followed this good news with a tweet. Ugh.

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From The “You Keep Using That Word…I Do Not Think It Means What You Think It Means” Files: A Cheap Shot From The Heroes

Many conservatives are cheering this open letter from 14 Medal of Honor recipients to Sen. Richard Blumenthal (D-Conn.):

Dear Sen. Richard Blumenthal,

You recently called upon your Senate colleagues to subject Judge Neil Gorsuch’s record to “extreme vetting,” questioning both his qualification and biography. The Senate certainly has the right and obligation to closely review any nominee for the United States Supreme Court. Conversely, it is our right as Americans and veterans to scrutinize your hypocrisy in doing so.

We are veterans of the Vietnam War. We fought alongside our brothers in arms, many of whom died or were gravely injured there. We saw the treatment meted out on us and our fellow military personnel upon our return, yet we never questioned our commitment to our nation’s freedom. But perhaps more relevant to this discussion is that we know you were not there with us.

The fact you repeatedly and consistently claimed to have served in Vietnam is a gross case of stolen valor in our opinion. You obtained at least five military deferments between 1965 and 1970, at least two of which were seemingly political favors to you so that you could avoid joining us in a war zone. Here are just a few examples where it appears that you have chosen to buttress your political resume by shamefully inflating your record of military service:

In 2003, you apparently stated, “When we returned [from Vietnam], we saw nothing like this [a public outpouring of support for deployed military personnel].”

In 2008, the New York Times reported you said, “We have learned something important since the days I served in Vietnam …”

At a Vietnam War memorial in 2008, it is reported you stated, “I served during the Vietnam era … I remember the taunts, the insults, sometimes even the physical abuse.”

We recognize that military service of any kind is valuable to the protection of our nation’s freedom. There is no shame in engaging in “Toys for Tots” campaigns, recycling efforts, or assisting in the improvement or construction of various facilities, which appears to be a fair description of the bulk of your duties during the Vietnam War.

What is offensive to those who fought in a most brutal conflict, some of us who were captured and tortured by our enemy, is any comparison of those most brutal experiences to the ones of people like you who never even sniffed the air in Vietnam.

The letter’s description of the Senator’s lies before being elected a U.S. Senator is accurate. The fact that he did not withdraw from consideration when those lies were exposed, that the Democratic Party allowed him to stand for election anyway, and worst of all, that Connecticut voters debased their state and the U.S. Senate by electing him demonstrated the creeping progressive ethics rot among liberals that has only worsened since.

However, Blumenthal was not engaging in hypocrisy by calling for extreme the judge’s vetting. It would have been hypocrisy if he proclaimed that no public official who has inflated his biography or faked credentials is worthy of public office. That’s not what he said, however. Indeed, if there is anyone qualified to testify to the importance of vetting the qualifications of apparently qualified nominees, it’s Sen. Blumenthal.

No, the letter is an ad hominem attack, and the ethics breach has been committed by its signatories. If they have an objection to his call for “extreme vetting, ” they should rebut it on the merits. Instead, they attacked the individual rather than his argument. That is the essence of ad hominem. Their attack was “to the man” rather than to his position.

The two terms for unethical conduct most often used inaccurately to sustain accusations are, ironically, hypocrisy and ad hominem attacks. You don’t often see both misused in the same matter, though.

______________________

Pointer: Washington Examiner

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Bias Makes The News Media Stupid, But It Makes Politicians Untrustworthy Jerks

Dad warned me about people like you, Al...

Dad warned me about people like you, Al…

The Stupid: Journalists

Let me begin by saying how happy I am that the mainstream news medias “fake news” gambit, where it attempted to blame President Trump’s election on ridiculous hoax stories spread on social media to distract from its own biased, dishonest and incompetent reporting, has blown up in its metaphorical face like those Acme booby traps do to Wile E. Coyote.

Here’s a new and especially stupid example of the biased, dishonest and incompetent reporting, although “dishonest” wasn’t in play.

The website Pop Suger posted an extremely inept and confusing story concerning U.S. Olympic fencer Ibtihaj Muhammad, who made history in the 2016 Olympics as the first female Muslim American to medal for the United States and the first American to compete in the Games wearing a hijab. The site and the reporter signal their untrustworthiness and Bias Makes You Stupid (BMYS) credentials by writing of the controversial immigration halt Executive Order,

“The executive order blocked thousands of refugees, immigrants, and visitors from seven predominately Muslim countries from entering the United States before it was struck down by a judge many days later.”

No, you ignorant dolts, the order was not and has not been “struck down.” It has been subject to a temporary restraining order, which is absolutely not the same as being struck down, as any second year law student intern could have told you if you cared more about accurate reporting  than bashing the President.

The story described Muhammad’s statements when she took the stage at a conference last week  and answered a question about the “travel ban” by saying that she had been personally “held at Customs for two hours just a few weeks ago.”  The athlete is not as adept at time sense as she is at her sport, because she eventually had to clarify that “just a few weeks ago” meant “in December.”   The website followed  with an update, but never mind. TIME saw her statement, didn’t check the time frame or notice the update, and tweeted yesterday (remember, the story was clarified two days before, and was wrong to begin with) the headline in TIME’s “Motto.”

“Olympic athlete Ibtihaj Muhammad was detained because of President Trump’s travel ban”

The U.K.’s Independent went with a story titled, “US Olympic fencer Ibtihaj Muhammad says she was detained by Customs after Donald Trump’s ‘Muslim ban.’

The Hill published an article whose opening paragraph read, “A Muslim-American Olympic medalist says she was detained by Customs for nearly two hours without explanation after President Trump’s travel ban was instituted a few weeks ago.”

Sports Illustrated and ESPN also published stories implying that Muhammad’s Customs detention was triggered by Trump’s immigration order,  and other journalists and pundits expressed indignation on social media.

Remember,  Muhammad was detained in December of 2016. Barack Obama was President. Trump’s Executive Order was just a twinkle in his eye. Continue reading

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