Morning Ethics Warm-Up, 5/14/19: Tlaib And Kavanaugh.

Good morning,

I hope…

1 Social Q’s ethics. I’m whomping the advice columnist in the Ethics Alarms poll regarding whether complimenting someone on weight loss can be reasonably taken as offensive by the object of praise. Looking at the same column, I have decided that Mr. Gallanes was just having a bad day. Another inquirer complained that he sleeps with her bedroom window open, and is often awakened in the morning when the next door neighbor takes his dog out for a 5 am walk, a ritual, she says, that is always preceded by his “disgusting” coughing. The advice columnist suggested that she ask him to do his disgusting coughing inside. Yeah, THAT will go over well. If you insist on leaving your window open, you have no standing to protest sounds that would not be heard if you kept it closed. Given the choice between waking one’s spouse with the morning hacking that most men of a certain age can identify with, and getting all the morning phlegm up while walking the dog, the latter is the wiser and more ethical choice.

2. Supreme Court ethics and pro-abortion fear-mongering.

a.) Somehow it was reported as news akin to squaring the circle that Justice Kavanaugh joined with the four typically liberal justices in a 5-4 ruling yesterday that left Thomas, Gorsuch, Roberts and Alito licking their wounds. This is non-news. It was a dishonest partisan smear on Kavanaugh to suggest that he would be a mindless puppet in lock-step with conservatives on every issue. Justices consider cases in good faith, and the fact that their judicial philosophies make some decisions predictable doesn’t mean, as non-lawyer, non-judge, political hacks seem to think, that they will not judge a case on its merits rather than which “side” favors a particular result.

b) Kavanaugh did join the conservative justices in a ruling that overturned a 1979 case in which the Court had allowed a citizen of one state to sue another state. This decision, being a reversal of an older case, immediately prompted the publication of fear-mongering op-ed pieces warning that the evil Court conservatives, having re-read and enjoyed “The Handmaiden’s Tale,” were slyly laying the ground for a Roe v. Wade reversal with a case that had nothing whatsoever to do with abortion. Don’t you see? Stare decisus is the SCOTUS tradition that older cases will generally not be overturned by later Courts, lest Constitutional law be seen as unstable and too fluid to rely on. Garbage. Stare decisus has never been an absolute bar to reversing a wrongly decided case, so no new affirmation of that fact is necessary. In addition, the case overturned yesterday was a relatively obscure case that seldom comes into play, exactly the kind of case in which a reversal is minimally disruptive. Roe, on the other hand, has become a foundation of supporting law and social policy. That doesn’t mean it can’t be overturned, but it does mean that the protection of stare decisus is strong. Continue reading

Morning Ethics Drill, 5/7/19: Unethical Headlines, A Missing Coffee Cup, And A Comment Of The Day

A morning that begins with a trip to the dentist and a referral to an oral surgeon can’t be good. Sorry.

And now I see that without warning or explanation, WordPress has removed its spellcheck feature. I’m sure those of you who are sick of my typos will appreciate THAT…

1. Stop making me defend Anderson Cooper, sort of! Here’s a cheap shot Fox News headline:

Anderson Cooper denies he’s ‘on the left,’ then rips Trump for tweeting about Kentucky Derby

Well, I’m also not on “the left” (Cooper is, of course), and I’m going to rip the President for tweeting his opinion on the Kentucky Derby, without even getting into the fact that his opinion was ill-informed and stupid.

As I wrote more than once during the Obama administration, the President is not the national arbiter of everything, and should keep his opinion to himself unless it directly and clearly involves the national interest. President Obama had a proclivity for injecting himself into controversies large and small, from the Trayvon Martin shooting to picking brackets for the NCAA college basketball tournament.  I wrote in this post,

This can no longer be called a rookie mistake, like the Prof. Gates arrest affair. President Obama has now had plenty of time to absorb the fact that the President does not have a blank check to insert himself into every local controversy and use his office to sway public opinion and the conduct of others regarding matters outside his responsibilities. Still, he continues to do it. It may seem trivial at first: the President gave an interview on TNT in which he pointedly suggested that NBA superstar LeBron James consider the Chicago Bulls as he faces free agency.  After weighing in on the most important things for James to seek from his current team, the Cleveland Cavaliers, if he was going to stay there, the President said, “You know, like I said, I don’t want to meddle. I will say this: (Derrick) Rose, Joakim Noah it’s a pretty good core. You know, you could see LeBron fitting in pretty well there.”

Now, I don’t care what Cooper thinks of Trump’s meddling in matters that don’t concern him if the CNN anchor didn’t have the integrity to knock Obama for doing the same thing, and repeatedly. Still, Anderson was on the right track—finally—to say, as he did,

“The president of the United States seems to have a lot of time on his hands And he can’t even stand some horses getting uninterrupted airtime. He’s got to be a part of every frickin news cycle. He can’t help himself!”

(I guess “frickin” is now considered professional lexicon at CNN. Stay classy, Anderson!)

Less defensible was this comment: Continue reading

Ethics Warm-Up, 2/28/2019: No Birthday For Frederick Edition [UPDATED]

Good Morning!

Back last night from a whirlwind day of ethics in NYC, and leaving today on an auto safari to Washington County, Pennsylvania, where I will address bar members to kick off their annual meeting. See Facebook? THEY don’t think I should be muzzled! Meanwhile, I will be celebrating the non-birthday of the pirate apprentice hero of Gilbert and Sullivan’s “The Pirates of Penzance,” who was, you recall, indentured to a pirate band until his 2ist birthday, and since he was born on Leap Year, legally committed to a life of crime until he was 84 years old.

1. Nah, Democrats don’t automatically default to race-baiting… Well this was certainly ugly and embarrassing. During  House Oversight Committee hearing with Michael Cohen, the fallen Trump fixer accused the President of making racist comments about African Americans. Let me interject here that this was obvious pandering to Cohen’s new pals in “the resistance.” It would have no probative value as hearsay even if the speaker wasn’t testifying with his pants on fire. Thus there was no need for Rep. Mark Meadows to try to rebut Cohen by asking Housing and Urban Development staffer Lynne Patton, who is black, to silently stand before the committee to (somehow) disprove that Trump is racist. Meadows (R-N.C.) said that Patton had told him there was “no way that she would work for an individual who was racist.”

Then Rep. Rashida Tlaib (D-Mich.) characterized Meadow’s stunt as racist, saying, “Just because someone has a person of color, a black person working for them does not mean they aren’t racist,” Tlaib said. “And it is insensitive that some would even say — the fact that some would actually use a prop, a black woman in this chamber in this committee is alone racist in itself.”

“You’re one of my best friends,” Cummings said to Meadows. “And I can see and I feel your pain, and I don’t think Ms. Tlaib intended to cause you that, that kind of pain.”

Tlaib then apologized to Meadows, saying it wasn’t her intention to call him racist. She just said that what he did was racist.

Oh.

2. Stop making me defend the Northam family! Gotcha! Just as Virginia Governor Northam was beginning to extract himself from the embarrassment of having to confess to being a Michael Jackson imitator via shoe polish, an enterprising black legislative page decided to nab her 15 minutes of fame by accusing Mrs. Northam of the dreaded “racial insensitivity.” It appears that Virginia’s First Lady, while narrating a tour of the Governor, triggered her my alluding to slavery.

“When in the cottage house you were speaking about cotton, and how the slaves had to pick it,” the teenaged page’s letter says. “There are only three Black pages in the page class of 2019. When you went to hand out the cotton you handed it straight to another African American page, then you proceeded to hand it to me, I did not take it. The other page took the cotton, but it made her very uncomfortable. I will give you the benefit of the doubt, because you gave it to some other pages. But you followed this up by asking: ‘Can you imagine being an enslaved person, and having to pick this all day?'”

“The comments and just the way you carried yourself during this time was beyond inappropriate, especially considering recent events with the Governor. From the time we walked into the mansion to the time in the cottage house, I did not receive a welcoming vibe.”

Ah. Now we see why Bernie Sanders was attacked by Democrats for saying that race shouldn’t matter. Mrs. Northam treated the black pages like she treated the rest, and that made this page feel unwelcome. And if Virginia’s First Lady had only given the cotton to the white pages? That would have been insensitive too, I’m sure.

To her credit, the Governor’s wife has not apologized. She responded that she has given “the same educational tour to Executive Mansion visitors over the last few months and used a variety of artifacts and agricultural crops.” Her intent is to illustrate “a painful period of Virginia history.” She said that she began last year to tell the “full story” of the governor’s mansion, including the Historic Kitchen. “I believe it does a disservice to Virginians to omit the stories of the enslaved people who lived and worked there — that’s why I have been engaged in an effort to thoughtfully and honestly share this important story since I arrived in Richmond. I regret that I have upset anyone,” she wrote, but she reiterated that she is  still committed to chronicling the history of the Historic Kitchen, and “will continue to engage historians and experts on the best way to do so in the future.”

Now, if she had given the tour made up as Janet Jackson, that would have been inappropriate.

3. My own private boycott: I will not buy products that continue the coarsening of our culture by employing juvenile references to gutter language to sell their wares. Now Mr. Clean joins the list, with the ad for “his” Clean Freak Mist. Today’s TV ad screamed out “Big freaking news!” As with Booking.com’s evocation of “fucking” its ads, this is neither clever nor novel. Shrug it off if you like. Continue reading

The Democrats Have (At Least One) Openly Anti-Semitic House Representative. Now What?

The Democratic Party’s female, Muslim Congresswoman, Ilhan Omar, was openly anti-Semitic before she was elected, but her party was too busy celebrating her as a triumph of diversity to notice. And really, don’t we need some diverse opinions about Jews in the House too? Shouldn’t anti-Semites have representation too?  Actually, they are well represented in the new Democratic class, with Rep. Rashida Tlaib (D-Mich) also making her bias clear. Thus Rep. Omar felt comfortable in tweeting, in response to muckraker Glenn Greenwald’s defense of Tlaib and her own trope about big money Jews controlling international policy and business has been the bedrock of anti-Semitism for more than a century, “It’s all about the Benjamins, baby!”  When asked to explain where the money she was referring to came from, Omar tweeted: “AIPAC.” Her spokesman then said the tweets “speak for themselves.”

This is a tricky time for Democrats, who thrive on painting the other party as sexist, racist and intolerant and who now are trying to find ways to explain why it has two blackface artists and one twice-accused rapist filling out the top three political positions in Virginia. Would it shrug off turn-back-the-clock claims by a Democrat that Jewish money controlled U.S. policy?

Amazingly, no! Speaker Nancy Pelosi  co-signed a statement with Majority Leader Steny Hoyer (D-MD), Majority Whip James Clyburn (D-SC), Assistant Speaker Ben Ray Luján (D-NM), Caucus Chairman Hakeem Jeffries (D-NY) and Caucus Vice Chair Katherine Clark (D-MA), saying

“Anti-Semitism must be called out, confronted and condemned whenever it is encountered, without exception, We are and will always be strong supporters of Israel in Congress because we understand that our support is based on shared values and strategic interests. Legitimate criticism of Israel’s policies is protected by the values of free speech and democratic debate that the United States and Israel share. But Congresswoman Omar’s use of anti-Semitic tropes and prejudicial accusations about Israel’s supporters is deeply offensive. We condemn these remarks and we call upon Congresswoman Omar to immediately apologize for these hurtful comments.”

The GOP’s recent slap-down of perpetual embarrassment Steve King for his pro-white nationalist statements made this response more necessary than sincere, perhaps. The American Jewish Committee demanded an apology, calling Omar’s suggestion that AIPAC is paying American politicians for their support “demonstrably false and stunningly anti-Semitic.” The organization pointed to a 2018 Gallup poll showing that 64 percent of Americans sympathize with the Israelis over the Palestinians.  “American politicians are pro-Israel because Americans are.”

Isn’t this all just posturing though? As blogger Allahpundit writes, “Let’s not pretend Omar isn’t getting a speaking gig at the convention next year. Or that she won’t get a standing O from the crowd when she walks out.” No, Steve King will NOT be speaking at the GOP convention. And what, exactly, does it mean when a blatant anti-Semite like Omar apologizes, saying, as she did in a tweet,

 “Anti-Semitism is real and I am grateful for Jewish allies and colleagues who are educating me on the painful history of anti-Semitic tropes. My intention is never to offend my constituents or Jewish Americans as a whole. We have to always be willing to step back and think through criticism, just as I expect people to hear me when others attack me for my identity. This is why I unequivocally apologize. At the same time, I reaffirm the problematic role of lobbyists in our politics, whether it be AIPAC, the NRA or the fossil fuel industry. It’s gone on too long and we must be willing to address it.”

Continue reading

Morning Ethics Warm-Up, 1/10/2019: Rabbits, Time Lords, Elephants And Fools

Good morning.

This a reluctant warm-up, and I was tempted not to create distractions from the previous post, which is important, especially so because there is a near complete media embargo on what the Times did. Has anyone seen a mention of it anywhere besides here and in the conservative media? I haven’t. Yet a more convincing example of  what the news media has become could not be imagined, and the public has the right to know. I want people to be outraged about this. I want people to shake the story in the face of their biased journalism-defending friends. I want to see the cowards who fled the discussions here accusing me of bias return and explain how this could happen innocently, or try to justify it, or continue to insist that there is no organized effort to destroy the Trump Presidency and with it our democratic institutions.

I admit it: this episode makes me as angry as I am disgusted and worried.

1. In a lighter vein, on the topic of life competence…In  Yala National Park in Sri Lanka, a 41-year-old man was reportedly trying to impress other tourists by getting out of his car (which is illegal) and attempting to hypnotize an elephant. The man’s name has not been released, but now they call him Matt, because the unimpressed elephant trampled him flat. Now watch them blame the elephant. Says Professor Turley, who found this story, ” some at the scene suggested that alcohol may have played a role.”

Ya think?

What is the ethical response to someone who gets himself killed like this?

2. It looks like we have at least two ethically-challenged new Congresswomen...Rep. Tlaib of “impeach the motherfucker fame” unreeled a combination of Authentic Frontier Gibberish (AFG) AND ethical ignorance as she continued to dig her hole following the outburst. Tlaib told CNN on this week that she’s “very unapologetically me” [Rationalization #41 A. Popeye’s Excuse, or “I am what I am.”] and her constituents “are kind of used to my realness, used to this passion that I have” [Excuse me a second…Gag! Uck! Gack! Yecch! Ptuii!…This is #44, The Unethical Precedent, or “It’s Not The First Time.”

“And I know for many people, it did — it did get the best of me at that moment and for many people it might have been very much a distraction…”what I want to do is not allow women like myself that have every right to be angry and upset and mad and to curse — that somehow they’re not allowed to do it in some sort of public forum.”

Ah! She’s an idiot. Women and everyone else have a right to be vulgar, uncivil, insulting, obscene, undignified and generally rude in public. The fact that they have the right to act badly doesn’t mean it is right. Most relatively educated 12-year-olds understand this, and Tlaib, who is in Congress, doesn’t. Continue reading

Ethics Dunce: New York Rep. Alexandria Ocasio-Cortez

I anticipate a whole bushel of these awards in the next two years, since the young, callow, naive and broadly ignorant “new face of the Democratic Party” possesses the unfortunate combination of a non-stop mouth,  poor education, certitude of her own brilliance, a seal-clapping rookery of blindly fawning supporters who swoon at any of her doctrinaire pronouncements, and a Mainstream media that hasn’t yet figured out that publishing her every word is doing Ocasio-Cortez no favors.

This example could stand as a template for an Ethics Dunce- mandating performance. Showing that she has the back of her equally cocky and clueless colleague, freshman Congress woman Michigan Rep. Rashida Tlaib, lately infamous for gleefully crowing, “We’re going to impeach the motherfucker!” to a “resistance” crowd after she was sworn in, Ocasio-Cortez tweeted,

“Republican hypocrisy at its finest: saying that Trump admitting to sexual assault on tape is just ‘locker room talk,’ but scandalizing themselves into faux-outrage when my sis says a curse word in a bar. GOP lost entitlement to policing women’s behavior a long time ago. Next.”

This is both unethical and cretinous. Let us count the ways: Continue reading

Saturday Morning Ethics Warm-Up, 1/5/19: Bait And Switch, Inconvenient Honesty, Fake News

Oh, good morning, I guess…

1. Once again: this should be illegal, because it is unconscionable. Recently re-elected Rep. Don Marean, a multiple term Maine state legislator from York County, announced that he was leaving the Republican Party to become an Independent.  In a Friday text message last week, he said that “out of respect” for House Republicans  he would not  comment on the resaon for his decision and would let it “speak for itself.”

It does speak for itself; it tells us that Marean is an unscrupulous, liar who gained election to office fraudulently. Elected officials who betray voters this way have an ethical obligation to resign from office and run again under the party affiliation they will stick to.

2. Keep it up! Please! The freshman Democratic House members, in a single day, managed to strip away the mask of the Democratic Party and expose more of the ugliness beneath than the party veterans deemed wise. Senator Kyrsten Sinema (D-Ariz.) refused to be sworn in with her hand on the traditional Bible,  and insisted that a law book be used for the purpose instead. She is a member of the party that has been questioning whether Catholics are fit to be federal judges, and the message that one party is openly hostile to religion is becoming clearer and clearer. The Bible is a moral/ethical document, and accepting it for the purpose of a binding oath should not be a problem for anyone unless they are trying to make a point. Using a law book is no more appropriate or meaningful than using a Harry Potter novel: oaths are declarations of duty, honesty and integrity, not law. Continue reading