Morning Ethics Warm-Up: Through The Teeth Of The Storm Edition

Good Morning!

Just flew to Florida on pressing business. Ethics knows no obstacles…

1. From the  “The Ends Justify The Means” Files, Democratic section: Led by Sen. Cory Booker, Democrats are releasing confidential documents willy-nilly, in breach of Senate rules.  The Washington Post calls this “civil disobedience.” Elected officials aren’t allowed to engage in civil disobedience, because their duties include maintaining civil order and the Rule of Law. This isn’t civil disobedience. This is Democrat Senators violating rules when they think it’s to their advantage to do so. Chuch Schumer, whose reputation and level of public trust should be in freefall for anyone paying attention, tweeted,

“I stand w/ Judiciary Committee Democrats who are well within their rights to release these very important documents that a former Kavanaugh deputy designed as “committee confidential.”

This is apparently another convenient Democratic Party rule change: restrictions don’t count if Democrats don’t like the official who has the power to issue them.

2. This is  pure bigotry and discrimination. Why isn’t that obvious? Why isn’t the news media pointing it out? From the LA Times:

Twentieth Century Fox was just days away from locking picture on “The Predator” when an urgent note came in: Delete the scene featuring Steven Wilder Striegel. Striegel, 47, didn’t have a big role in his longtime friend Shane Black’s reboot of the sci-fi thriller — just a three-page scene shared with actress Olivia Munn.But last month, Munn learned that Striegel is a registered sex offender who pleaded guilty in 2010 after facing allegations that he attempted to lure a 14-year-old female into a sexual relationship via the internet. When Munn shared the information with Fox on Aug. 15, studio executives quickly decided to excise him from the movie.

This reminds me of the scene in “Ship of Fools” when a passenger is exiled from the captain’s table on a German ship because a Nazi complains that he is Jewish. Continue reading

From The Ethics Alarms “Democrats Must Be So Proud” Files: An Obvious Observation On Today’s Kavanaugh Hearing

It is disgraceful,  embarrassing, and dangerous, and only two or three steps away from Charles Sumner being physically attacked by Preston Brooks on the Senate floor.

It emerged during the proceedings that Senate Democrats planned to disrupt the orderly process of the hearings as a strategy. Nice. I guess that’s their replacement for the filibuster. I think I prefer the device used by Lilly Tomlin’s character in the Netflix series “Grace and Frankie”: when she can’t rebut an argument, she starts singing “She’ll Be Comin’ ‘Round the Mountain” as loud as she can, so nobody else can talk.

“The hearing began with protesters breaking in, and continued with serial efforts by Democratic Senators to postpone the hearing. To the credit of committed chair Chuck Grassley, he bulled on through. As he did so, the Democratic side degenerated into a contest regarding which putative candidate for the Democratic 2020 nomination could pander to the base more. Here is how the day began:

GRASSLEY: “Good morning. I welcome everyone to this confirmation hearing on the nomination of —“
HARRIS: “Mr. Chairman.”
GRASSLEY: “— Brett Kavanaugh –”
HARRIS: “Mr. Chairman.”
GRASSLEY: “— to serve as associate justice of the Supreme Court of the United States.”
HARRIS: “Mr. Chairman, I’d like to be recognized for a question before we proceed. Mr. Chairman, I’d like to be recognized to ask a question before we proceed. The committee received just last night less than 15 hours ago —“
HARRIS: “Mr. Chairman, regular order.”
HARRIS: “— 42.000 pages of documents that we have not had an opportunity to review or read or analyze.”
GRASSLEY: “You are out of order. I will proceed.”
HARRIS: “We cannot possibly move forward, Mr. Chairman. We have not been given the opportunity to have a meaningful hearing with Congress nominee–“[cross-talk]
GRASSLEY: “I extend a very warm welcome to Judge Kavanaugh, to his wife Ashley, their two daughters –[cross-talk]
UNKNOWN: “Mr. Chairman, I agree with my colleague, senator Harris. Mr. Chairman, we received 42.000 documents tat we haven’t been able to review —”
GRASSLEY: “— And everyone else joining us today.”
UNKNOWN: ” and we believe this hearing should be postponed —”
GRASSLEY: “I know this is an exciting day for all of you here and your you’re rightly proud —”
UNKNOWN: “Mr. Chairman, if we cannot be recognized I move to adjourn. Mr. Chairman, I move to adjourn.”
GRASSLEY: “— From Judge Kavanaugh —”
UNKNOWN: “Mr. Chairman, I move to adjourn. Mr. Chairman, we have been denied real access to the documents we need to advise —” (Audience cheering)
BLUMENTHAL: “Mr. Chairman, we have been denied the real access to the documents we need —[cross-talk] which turns this hearing into a charade and a mockery of our norms and, Mr. Chairman, I therefore move to adjourn this hearing.”
AUDIENCE: “This is a mockery. This is a travesty of justice. Cancel Brett Kavanaugh, adjourn the hearing. [ indecipherable].”
BLUMENTHAL: “Mr. Chairman, I ask for a roll call vote on my motion to adjourn.”
AUDIENCE MEMBER: “‘[indecipherable]'”
GRASSLEY: “Okay.”
BLUMENTHAL: “Mr. Chairman, I move to adjourn. I ask for a roll call vote.”
GRASSLEY: “We are not in executive session. We will continue as planned.”

A recurring theme was the disingenuous complaint that Democrats, who have received over 400,ooo pages of materials relating to Trump’s nomination to fill Justice Kennedy’s seat on the Court, as well as all of his judicial opinions which are what really matter, did not have time to read the most recently released batch of about 40, 000 pages. Everyone knows that what is in those documents doesn’t matter one bit, because the entire group of Democratic Senators have already made it clear that they are going to vote against Kavanaugh as a bloc. They are going to do it to express their outrage over Merrick Garland; they are going to do it to pander to the resistance narrative that Trump is an “illegitimate” President, they are going to do it because the party increasingly seeks to demonize conservatives, they are going to do it because they are afraid of their base. Oh, there are lots of reasons. All of the Democratic Senators, maybe most,  don’t seriously believe their party’s own scare-mongering that Kavanaugh will lead the Supreme Court to reverse Roe v. Wade, but there is the rapidly pro-abortion—not just pro-abortion rights but pro-abortion—feminist segment of the base to pander to as well.

Essentially, we are watching an entire political party embrace mob-style interference as an alternative to process, because they don’t like what the likely results of the established process will be. Of course this is dangerous to the nation and the Constitution. It is also a tantrum, just like the party’s reaction to President Trump’s election itself.

It was predictable that if the funeral of a Senator was exploited  as an opportunity to attack the President, the hearings on his Supreme Court nominee would certainly be. (I am not finished looking, but so far I can find no comparable direct attacks on Barack Obama during the hearings on his two nominees.) Here, for example, is the reliable demagogue Dick Durbin (D-Ill), doing his best Keith Olbermann imitation:

“You are the nominee of President Donald John Trump. This is a president who’s shown us consistently he’s contemptuous of the rule of law. He’s said and done things as president which we’ve never seen before in history. He dismissed the head of the FBI when he wouldn’t bend to his will. He harasses his attorney general on almost a daily basis in the exercise of his office, and I didn’t vote for Jeff Sessions, but I have to tell you there should be some respect at least for the office he serves in. And it’s that president who’s decided you are his man. You’re the person he wants on the Supreme Court. You are his personal choice. So are people nervous about this? Are they concerned about it? Of course they are.”

As in the hypocritical remarks by the McCain mourners. Durbin is hilariously self-indicting. Durbin’s party has been  contemptuous of the rule of law in areas where the President has been committed to enforce it, as with illegal immigration. Durbin and his party have undertaken direct assaults on the First, Second, and Fourth Amendments. The way Democrats are conducting themselves in this very hearing has never been seen before in history. Continue reading

Sunday Morning Ethics Warm-Up, 9/2/18: Talking Rabbits, Giant Ants, And California Progressives

Good Morning!

1. I may start banning commenters who keep saying this. A new, articulate and agenda-driven commenter, Ross Grazier, writes, “But your writing on this blog seems to be all about politics and much less about ethics.” I don’t want to drive Ross off, since the position of Ethics Alarms Knee-jerk Progressive Ratioanalizer And Denier of Mainstream Media Bias seems to be vacant at the moment, but I’m really, really sick of this common smear of my work (Ross’s comment also reminded me that I need to add the “s0 called ethicist” and “self-anointed ethicist” to the magic phrases that can get a commenter banned). Not for the first time, I decided to categorize every topic I wrote about here in the past week as political, non-political, or “mixed,” meaning that the article included substantive relevance to political figures or controversies but that the ethical issues involved were not solely political in scope or relevance. There were 42 distinct topics discussed (I did not include the Comments of the Day). Of these, 26 were non-political. Ten were “mixed.” Exactly six were  “about politics.”

I was surprised, frankly. I expected a bit more emphasis on politics.

I regard Ross’s accusation and others like it as an either an effort to undermine my credibility and the reputation of Ethics Alarms, or as an example of confirmation bias at work. Easily debunked claims that are asserted anyway in print are unethical.

2. Movie Ethics Potpourri! A. I finally saw “Peter Rabbit,” which was the subject of a (Non political, Ross!) post here. You may recall that Sony was pressured into grovelling an apology for a scene in which the animated rabbits shot blackberries into Mr. McGregor’s mouth using sling-shots, provoking an allergic reaction. Seeking its 15 minutes of cheap publicity and social media outrage mongering, Kenneth Mendez, president and chief executive of the Asthma and Allergy Foundation of America, said, “Making light of this condition hurts our members because it encourages the public not to take the risk of allergic reactions seriously, and this cavalier attitude may make them act in ways that could put an allergic person in danger.” Naturally, there was a Change.org petition demanding that the offending sequence be removed. Now that I’ve seen the film—which is pretty good, not quite “Babe” good, but well-done and fun—I can appreciate the full insanity of the complaints.  B. The British film “Calibre,” now playing on Netflix, is a “Deliverance” style ethics movie, in which two reasonable good guys go on a hunting trip in Scotland and are hurled by bad luck and panic into a series of ethical dilemmas, managing to make exactly the wrong decision at every turn. In the end, three people are dead, multiple crimes have been committed, and the lessons are murky. This is an excellent “what would you do?” film for group discussion, though the ultimate answer is “Don’t go hunting, in Scotland or anywhere else.” C. Finally, in the rarified category of giant ant movie ethics, there is “Them!” It is a justly admired 50’s Sci-Fi flick about an alien invasion of giant ants, featuring a surprisingly accomplished and diverse cast including pre-“Gunsmoke” Jim Arness, James Whitmore, ol’ Santa Clause himself, Edmund Gwenn, ubiquitous Western character actor Dub Taylor, and Sigourney Weaver’s wacky uncle, Doodles Weaver. I hadn’t seen it for a while, and forgot that it included one of the most blatant examples of Rationalization #58. The Universal Trump, or “Think of the children!” on film.

Scientists and the military have determined that the giant ants—We’re talking THIS big:

—have invaded California (from outer space, in ant-shaped space ships!), that they pose a threat to LA, the state, and entire country, and that there may be hundreds of thousands of them. California has declared martial law. A military commander announces that the best strategy is to gas underground passages where the ants are presumably gathering, and then kill the ones who escape to the surface. No, says Big Jim. It seems that there are two small children missing that were taken by the ants from their now thoroughly masticated and dead father. As long as there’s a chance they may still be alive,  Jim says, we can’t take the chance of harming them. The man is gob-smacked. “You mean you’d risk all of Los Angeles for two kids who are probably already dead?” he asks, in a fair framing of the issue. “Why don’t you ask their mother?” says Arness. “She’s right over there.”

Well all righty then! How can you argue with that? Continue reading

Afternoon Ethics Warm-Up, 8/29/2018: Amazingly, There Are More Important Ethics Developments Than How Long The White House Flag Was At Half-Mast…

Gooooood Morning!

1 It’s not just bias–ignorance also makes you stupid, Part I. On Fox News this morning, they were breathlessly talking about the importance of stopping the publishing of those evil blue-prints of 3-D printable guns. Why, last year, a plastic gun got through TSA security, and it was loaded! And those 3-D printed guns are cheaper than ever! (nobody mentioned that making a 3-D gun that shoots is still incredibly expensive.)

The report was like science fiction, and the woman in a protesting group who said that these guns needed to be stopped NOW! should have had her head wreathed in tin foil. Did Fox discuss the First Amendment issues? No. Did Fox explain that anyone can make their own gun without a 3-D printer? No. Did Fox explain anything relevant to the actual case? Of course not. Did Fox point out that the judge who just issued the injunction admitted that his action abridged speech? No, not that either.

And no, the other news networks weren’t any better.

2. California is ending cash bail. Good. It may backfire, but a statewide experiment somewhere is needed. Bail may be a necessary evil, but the long-time criticism of the system as being biased against the poor has validity, if not a solution. Not every idea Jerry Brown has is bad, just most of them. My guess is that this will be a PR and political disaster, but hey, I don’t live there. The first time a “non-violent” accused criminal kills someone while on his own recognizance, the someone won’t be anyone in my…oops, I forgot, I have a nephew and a niece in California. Well, they’re rabid Democrats and progressives, so they have consented to the risk, I guess.

Amusing reaction: The bail-bondsmen say that they’ll leave the state if this policy stays. Well, of course. Why wouldn’t they leave? What kind of a threat is that?

3. It’s not just bias–ignorance also makes you stupid, Part II A poll says that a majority of the public can’t name a single member of the Supreme Court, despite a large majority believing that the Court’s decisions greatly affect their daily lives. Worse, most of the public thinks the Court is a partisan body, like Congress, because most of the public doesn’t know the difference between the Supreme Court and an ice cream cones, and virtually none of the public has read a single Supreme Court opinion all the way though in their entire lives. No wonder  the Democrat fear-mongering about Judge Kavanaugh is regarded as a smart tactic. Ignorant people are the easiest to con. Conned people warp our democracy.

That’s why it is unethical to be ignorant. Continue reading

Ominous Anti-Free Speech Quote Of The Year: U.S. District Judge Robert Lasnik

“The Court declines to wade through these issues based on the limited record before it and instead presumes that the private defendants have a First Amend ment right to disseminate the CAD files. That right is currently abridged, but it has not been abrogated. Regulation under the AECA means that the files cannot be uploaded to the internet, b ut they can be emailed, mailed, securely transmitted, or otherwise published within the United States. The Court finds that the irreparable burdens on the private defendants’ First Amendment rights are dwarfed by the irreparable harms the States are likely to suffer if the existing restrictions are withdrawn and that, overall, the public interest strongly supports maintaining the status quo through the pendency of this litigation.”

—U.S. District Judge Robert Lasnik, in his preliminary injunction issued today blocking the federal government from allowing publication of the blueprints of 3-D printable guns.

The injunction will stand until final resolution of the multi-state lawsuit seeking to keep the blueprints offline. Lasnik had issued a temporary restraining order in the case July 31, prompting this post, which states the Ethics Alarms position still:

“It sure sounds like prior restraint to me, and I suspect, when this gets to the Supreme Court, which it inevitably will, that will be the conclusion.

This began as one more example of the Obama Administration playing fast and loose with the Bill of Rights. Now, it may well be, as the suit by the states alleges, that the Trump Administration didn’t handle its legal U-turn properly, it being, after all, the Trump Administration. Nonetheless, the government blocking the online publication of information, which is what a blueprint is, when no copyrights, patents or trademarks are being violated or national secrets revealed, seems like a pretty clear First Amendment violation.”

If Lasnik’s langauge about “abridged, but it has not been abrogated” doesn’t send chills down your spine, I guess that means you’re a typical progressive or Democrat these days. The First Amendment says that “Congress shall make no law…abridging the freedom of speech,” meaning that the judge here admits that his ruling and the law suit are efforts to cut another chunk out of our core national values. But hey, it’s all cool! The ends justify the means, and we all know that guns are bad. That Second Amendment thingy? Once we take down the First, the Second will be a piece of cake.

As was discussed at length in the excellent thread on the previous post, it’s a long, long way, not just from May to December, but also from having the blueprint of a #-D printable gun and actually having a gun. Does the judge full comprehend that? I doubt it very much. If there is one theme that runs through judicial decisions and opinion involving rapidly evolving technology, it is that most judges and too many lawyers don’t understand the technology well-enough to regulate it or make coherent policy.

I still think this is such an obvious example of prior restraint that the Supreme Court will knock it down, especially after Kavanaugh joins the Court, and I hope I am wrong that the anti-Second Amendment liberal wing will unite in dissent, but I believe that is likely.

Sigh.

Ought I to say this? What the hell….

I am increasingly coming to believe that what is really at stake in the upcoming elections is the Bill of Rights, and perhaps our democracy itself.  The “resistance’s” attempt to undo the election of President Trump is just part of a long-term, concerted assault on our institutions, by a growing faction that believes that freedom and liberty are too dangerous to be left in the wrong hands, and must be constrained—abridged, so to speak—by those who know best.

Them.

________________________

Pointer and Source: ABA Journal

Ethics Dunces: The San Francisco Giants

To be fair, how was anyone to know that Barry Bonds was cheating?

We knew this was coming.

The San Francisco Giants will retire Barry Bonds’ number 25 in a ceremony before tomorrow’s game against the Pittsburgh Pirates. Bonds will become the 12th Giants player to have his number retired, following Bill Terry (3), Mell Ott (4), Carl Hubbell (11), Monte Irvin (20), Orlando Cepeda (30), Juan Marichal (27), Willie Mays (24), Willie McCovey (44) and Gaylord Perry (36). Christy Mathewson and John McGraw are regarded as having their numbers retired, but they played before uniforms had numbers.

None of the other eleven, before Bonds, cheated to reach the heights they achieved in the game, nor did any of the others corrupt the sport, its players, its statistics and records. The Giants knew Bonds was illicitly and illegally using steroids, of course, as did most Giants fans, but they were perfectly happy to enable his conduct and accept his lies because his drug-enhanced talent, which was already formidable, won games. It would have been, one theory goes, hypocritical for the Giants not to honor Bonds. After all, they were complicit and supportive as he amassed Hall of Fame numbers while using methods that disqualified him for the Hall of Fame, if not the San Francisco team.

The retired number, like Bonds’ entire selfish, corrosive, despicable career will now stand for the propositions that the ends justify the means, and the cheating works. That was what Barry was always counting on, and he pulled it off. Now a San Francisco institution is officially endorsing Bonds’ values.

Nice.

No wonder that city’s culture is so screwed up.

You can read the voluminous Ethics Alarms commentary on Bonds, who when I compile the long-promised list of Worst Ethics Corrupters will be a prominent member (right below Bill Clinton) , here.

The Signature Significance Of The Left’s Endorsement Of Sarah Jeong (Part II): The Ethics Alarms Quiz

Following up on the previous post…

Prof. Glenn Reynold opined this morning that President Trump should read Sarah Jeong’s racist, anti-male, anti-police tweets at rallies (See Item #4 at the link.)

It certainly would be a powerful and nearly unrebbutable response to the current journalistic assault on the Trump Administration for impugning the news media. What do you call a journalistic establishment that willingly gives power and influence to a young Asian-American who tweets #CancelWhitePeople? Would #CancelJews? be similarly benign? Hiring and defending someone like Jeong certainly creates the rebuttable presumption that the news media is the enemy of at least some of the people, no?

Your Ethics Alarms Ethics Quiz of the Day is…

Is Reynolds right? Should Trump read Sarah Jeong’s Tweets at rallies?

Unlike most Ethics Alarms quizzes, where I ask a question because I am genuinely torn regarding the answer, in this case I made up my mind the second I read Reynold’s comment.

The professor is wrong. There is no way the President can read Jeong’s anti-white, anti-male tweets publicly (or refer to them on Twitter) and not appear to be deliberately stirring up racial hate and division. Indeed, doing so would increase racial hate and division. Even though this is the dangerous path Democrats are deliberately following, his job and ethical duty as President is to avoid just the kind of groups hate and distrust the Left is seeding as its repugnant strategy to regain power. I have no doubt that using Jeong to demonstrate how depraved his opponents are becoming would be politically advantageous, but the risks are too great.

If he wants to note here and there that the Times has hired an editor who is a racist, that is defensible….if he can leave it at that.

Morning Ethics Warm-Up, 7/31/18: The Self-Deception Edition

Goodbye, July, 2018!

(and don’t come back!)

1. Ethics translation time! Baseball’s current World Champion Houston  Astros just traded for young, exciting closer Roberto Osuna from the Toronto Blue Jays. This raised some eyebrows, because the 23-year-old Osuna is just completing a 75-game suspension from MLB for allegedly beating his wife. The Blue Jays had decided that they wanted no part of Osuna, and that he would not be a member of their team going forward, despite the fact that he is regarded as one of the best late-inning relievers in the game.

Anticipating some criticism from Houston fans and baseball fans in general, who usually don’t like cheering for disgusting people,Astros GM Jeff Luhnow released a statement  following the trade, saying,

 “We are excited to welcome Roberto Osuna to our team. The due diligence by our front office was unprecedented. We are confident that Osuna is remorseful, has willfully complied with all consequences related to his past behavior, has proactively engaged in counseling, and will fully comply with our zero tolerance policy related to abuse of any kind. Roberto has some great examples of character in our existing clubhouse that we believe will help him as he and his family establish a fresh start and as he continues with the Houston Astros. We look forward to Osuna’s contributions as we head into the back half of the season.”

Translation:

“Our team has had bullpen problems all season, and as of now we have no closer, even as the team has lost three games in a row [now it’s four], two of our best players are injured, and we’re beginning a series against the Mariners, who are just a few games behind us. So in the interest of winning and because the ends justify the means, we are suspending our “zero-tolerance” policy regarding “abuse of any kind” to tolerate a player who Major League Baseball has determined to be a very serious abuser. I don’t know how we’re going to tell another player who is credibly accused of less serious abuse that we won’t tolerate his presence on the team when we just voluntarily brought an abuser onto the team, but never mind: there’s a pennant to win. I’m pretending that Roberto has complied with all consequences related to his past behavior when he is currently pleading not guilty in his pending Canadian trial on battery charges, in the hope that most fans aren’t paying attention.”

“Thank you.”

Continue reading

Sunday Evening Ethics Debriefing, 7/22/18: FISA, “Resistance” Jerks, Translator Ethics And More Problems With CVS

Good evening!

1.  Confirmation bias test? The big news today was that the  U.S. Department of Justice and FBI have released the 412 page FISA application used to gain a Title I surveillance warrant against Carter Page in 2016 while he was working as a low-level unpaid adviser for the Trump campaign. The document is heavily redacted in its more than 400 pages. Carter Page himself—he was never charged or interviewed , which seems rather damning in itself–said today,

“‘You talk about misleading the courts, it’s just so misleading… It’s literally a complete joke.'”

The full pdf is available here.

Once again, it is impossible to tell what is going on by following the news media’s reports. It sure seems, however that once you block out the spinning by the mainstream media, this post regarding Devon Nunes’ much attacked memo on the topic was verified.  Still, I have a low rate of patience for these things, and am not the best interpreter of documents like this, so I am only relying on second hand opinions by others who have plowed through the damn thing. I’ll wait to get some reliable readings.

It seems like the critics of the Mueller investigation and the conduct of Justice and the FBI feel confident that the materials show that indeed the warrants were acquired deceptively, meaning illegally, with the unsubstantiated Steele dossier being the crux of the justification for the warrants, also considering the fact that the Clinton campaign was behind the dossier was never revealed to the judges. [Here’s a recent example of the spin being applied to that argument. The judges were told that the dossier was paid for by a person with political motives, and the claim is that this was enough, that they could figure out that it was a tool of the Clinton campaign. I’ve never understood this argument. Why weren’t the judges informed directly, then? ] Ann Althouse commenter named Yancy Ward wrote, Continue reading

More From The SCOTUS Nomination Freakout—Unethical Quote Of The Week: Senator Edward Kennedy (D-Mass.)

“Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.

America is a better and freer nation than Robert Bork thinks. Yet in the current delicate balance of the Supreme Court, his rigid ideology will tip the scales of justice against the kind of country America is and ought to be.

The damage that President Reagan will do through this nomination, if it is not rejected by the Senate, could live on far beyond the end of his presidential term. President Reagan is still our President. But he should not be able to reach out from the muck of Irangate, reach into the muck of Watergate, and impose his reactionary vision of the Constitution on the Supreme Court and on the next generation of Americans. No justice would be better than this injustice.”

From Senator Ted Kennedy’s speech on the Senate Floor on July 1, 1987, in response to President Reagan’s nomination of Robert Bork to the Supreme Court

Kennedy’s outrageously unfair, vicious, and hyperbolic attack on Robert Bork, then one of the most respected jurists in the country, “worked,” in the sense that it catalyzed an unprecedented assault on a Presidential nominee who was not merely qualified but spectacularly qualified for a seat on the Court, shattering all previous norms and traditions regarding the confirmation of Justices by the Senate. It would not be inaccurate to mark Kennedy’s speech as the beginning of demonization as a standard tactic in mainstream politics, in which the mere fact of being liberal or conservative justifies the characterization of an individual or a group sinister or evil. (See: Southern Poverty Law Center) In hindsight, Kennedy’s rhetorical excess was eventually acknowledged on all sides of the political spectrum to be a false characterization of Bork as a judge and as a human being, though Kennedy, as far as I know, never apologized for it….but then he never apologized for a lot of things. Continue reading