U.S. Supreme Court

Ethics Hero and Ethics Quote of the Week: Sen. Lindsey Graham

/ Jack Marshall / 2 Comments

Sen. Lindsey Graham (R-S.C.) delivered the following remarks as the Senate Judiciary Committee voted in favor of President Obama’s nomination of Elena Kagan to the Supreme Court. Obviously Ethics Alarms approves of Graham’s vote and reasoning, as it is consistent with what I believe is the most ethical, fair and responsible course for all Republican senators. His statement, however, is extraordinary in its appeal to the best instincts of ethical public servants, and rather than just a link (the text comes from The Hill), I think proper respect and admiration dictate a full presentation. It embodies fairness, civility, professionalism. respect and dignity, as well as the ideals of collaborative government. When he concluded, Democratic Sen. Dick Durbin said, “During the course of his statement, I reflected on some of the things that I have said and how I’ve voted in the past and thought that perhaps his statement suggested there was a better course for many of us to consider in the future.”  The chances of such a course actually being followed would have been vastly increased, of course, if some of Graham’s colleagues shared his courage and integrity. Still, it is a start.

Here is what Sen. Graham said: Continue reading →

The Kagan Hearings: The Right Thing For Republicans To Do

/ Jack Marshall / 12 Comments

There is not one chance in a thousand that they will do it, of course. But Senate Republicans can do much good for the country, the political culture, and, in the long term, themselves, if they would undertake a courageous, principled and ethical act: confirming Elena Kagan to the Supreme Court, after establishing her qualifications to serve, by an overwhelming if not unanimous vote. Continue reading →

Integrity, Lost Perfection, and the Midget at the Bat

/ Jack Marshall / 10 Comments

Suddenly, a lot of writers, baseball players and commentators are calling for Major League Baseball Commissioner Bud Selig to step in and reverse umpire Jim Joyce’s blown call that cost Armando Galarraga a history-making perfect game on what should have been the last play of the game. Disturbingly, it seems that the Commissioner might be listening. The argument: the Commissioner has broad power to take action “in the best interest of baseball.”

The problem with this argument: it wouldn’t be in the best interests of baseball, or the principles of ethics, either. Continue reading →

The Supreme Court Looks at Miranda and Ethics

/ Jack Marshall / 4 Comments

The recent Supreme Court ruling in Berghuis v. Thompkins is another in the long line of opinions attempting to determine what the familiar words (to all you “Law and Order” fans), “You have the right to remain silent” really mean. At its core, however, it is about ethics.

The various opinions interpreting the landmark 1966 case ruling in Miranda v. Arizona, which ended the common police practice of sweating, beating and otherwise coercing confessions from criminal suspects in marathon interrogation sessions had, amazingly, never before dealt with the wrinkle presented in Thompkins. The suspect in a shooting was given the Miranda warning, but never said that he wanted his lawyer or that he refused to testify, as he had the right to do. He just sat through almost three hours of questions without saying a word, and then, near the end, uttered a one word answer, “Yes,” to the question of whether he would pray to God for forgiveness for the shooting.

This admission helped convict him at trial. Continue reading →

Bully Pulpit Ethics: Obama’s Alarming Flat Learning Curve

/ Jack Marshall / 7 Comments

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.  Continue reading →

Ethics Dunce: Rand Paul

/ Jack Marshall / 10 Comments

The demise of the Tea Party movement may well come when it actually has to put individual candidates before the electorate and the media to carry its message. At least, that is what the ascendancy of Rand Paul, now the Republican nominee for the U.S. Senate in Kentucky after his primary victory this week, portends. Paul, before his first week as the nominee is up, has managed to expose himself as unacceptably challenged by the task of reconciling the deceptively simplistic philosophy of libertarians with real world ethics. Specifically, he has declared that he does not support the 1964 Civil Rights Act’s requirement that private businesses  serve all members of the public, irrespective of race, nationality, religion and sexual orientation. This position Rand haltingly clung to despite withering interviews on National Public Radio and MSNBC’s Rachel Maddow Show. You can see the latter, in two parts, here and here. Continue reading →

Photo Ethics: Kagan at the Bat

/ Jack Marshall / Leave a comment

The Wall Street Journal is being assailed by some gay and lesbian advocates for running an old photo of Supreme Court nominee Elena Kagan, bat raised, waiting for a pitch in a softball game. “It clearly is an allusion to her being gay. It’s just too easy a punch line,” said Cathy Renna, a former spokesperson for the Gay and Lesbian Alliance Against Defamation who is now a consultant. “The question from a journalistic perspective is whether it’s a descriptive representation of who she might be as a judge.”

What???? Continue reading →

Being Fair to Elena Kagan

/ Jack Marshall / 5 Comments

The long knives are already out for Solicitor General Elena Kagan, now the latest Supreme Court nominee. Once, before the late Ted Kennedy shamelessly accused Robert Bork of being a racist, a sexist and a monster to boot, U.S. Presidents were accorded the respect by both parties in the Senate have confirmed whoever they chose for the High Court, unless the choice was so cynical or politically tainted as to demand defeat. No more. Now each nominee has to thoroughly debase herself or himself by denying the political philosophies that produced his or her nomination in the first place. The first casualty of the nomination process is integrity.

Is it too late to go back? Is it too late to be fair? Continue reading →

Essay: Ending the Bi-Partisan Effort to Destroy Trust in America

/ Jack Marshall / 1 Comment

Both the Pentagon shooter and the Texas I.R.S. attacker were motivated by a virulent distrust of the U.S. government, the distrust mutating into desperation and violence with the assistance of personal problems and emotional instability. We would be foolish, however, to dismiss the two as mere “wingnuts,” the current term of choice to describe political extremists who have gone around the bend. They are a vivid warning of America’s future, for the media, partisan commentators, the two political parties and our elected officials are doing their worst to convert all of us into wingnuts, and the results could be even more disastrous than the fanciful horrors the Left and the Right tell us that the other has planned for us. Continue reading →

Trust, Redemption, and Bank-robbing Lawyers

/ Jack Marshall / 3 Comments

The story of Shon Hopwood is certainly an inspiring one…so far. While serving more than a decade in federal prison for a series of armed robberies, his time in the prison law library turned him into an expert in case law, and he pulled off a rare feat: a petition for certiori he prepared on behalf of a fellow prisoner successfully persuaded the U.S. Supreme Court to review the case. Now Hopwood is out of prison, and is turning his life around. He has been working as a paralegal, he now has a family, and at 34, he plans to apply to law school.

It is likely that a law school will admit him, but not at all certain that any state bar would give him a license. Can a former bank robber pass the profession’s character requirement? Should he, no matter how good he is at writing Supreme Court briefs? Continue reading →