Wuhan Virus Ethics Train Wreck

Two Wins For Law And Ethics Over Ideology

/ Jack Marshall / 10 Comments

DC RULES_blind justice

Judges are proving less partisan and ideologically driven than the increasingly totalitarian Left had hoped.

1. In Vitolo v. Guzman, the 6th U.S. Circuit Court of Appeals at Cincinnati ruled last week that the federal government violates the equal protection clause when it considers race or sex in in allocating Wuhan virus relief funds. Following the same track as the earlier case discussed here, the Court agreed that the U.S. Small Business Administration violated the Constitution by giving preference to minority- and women-owned restaurants.

Antonio Vitolo and his wife own a restaurant called Jake’s Bar and Grill. Vitolo is white, his wife is Hispanic, and they each own 50% of the restaurant. Of course, Jake could have gamed the easily manipuated SBA system by just handing his wife the extra 1%. The government requires small businesses to be at least 51% owned by women, veterans or “socially and economically disadvantaged” people to jump to the head of the line, because someone is presumed to be socially disadvantaged if they are a member of a designated racial or ethnic group. A person is considered economically disadvantaged if they are socially disadvantaged, and they face diminished capital and credit opportunities. In such a system, whether the business owner being given preference has actually been disadvantaged doesn’t matter. He or she is presumed to be disadvantaged. This nicely follows the circular logic of Critical Race Theory.

The group preferences are taken into consideration during the first 21 days in which the Small Business Administration awards the pandemic grants to restaurants. After priority applications submitted during that period are processed, the Small Business Administration processes grant requests in the order that they were received. That is, white men come last.

The 6th Circuit majority said Vitolo and his wife are entitled to an injunction forcing the government to grant their application, if approved, before all later-filed applications, and that their color and gender should be irrelevant. The government did not demonstrate a “compelling interest” justifying preferences based on race or sex.

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A Deeper Dive Into The Western Washington University “No Exit” Protest

/ Jack Marshall / 1 Comment

empty seast

Guest Post by Rick Jones

[Before I turn the floor over to Rick, also known here as “Curmie,” a couple of comments are in order. I had hoped that the post yesterday about the Western Washington University student protest over the decision to produce “No Exit,” the 1944 existential drama by Jean-Paul Sartre, would generate commentary from Rick, for several reasons. First, he is one of my favorite bloggers on his own, the proprietor of Curmudgeon Central, which has a new post up right now regarding the George Floyd incident one year mark. More relevant to our topic right here and now, Rick is a distinguished college professor, drama teacher and stage director, who has special insight into university students and live theater. As he reveals in the article to come, he also is better qualified to discuss “No Exit” than I; indeed, he has now convinced me to give the work another chance, since it has been decades since I read or saw it.

I also was thrilled to receive this submission from Rick because I feel very strongly that live theater is imperiled in the U.S. I know most readers here do not share my dedication to theater; few Americans do, and fewer all the time. But I have lived a double life (as a character in Tom Stoppard’s “The Real Inspector Hound” adds “At least!”), spending  as much of my passions and energies on theater as any other pursuit from high school until to five years ago, when I ended the 20-year run of my small, maverick, professional theater company. My timing was excellent, because the panic-driven lockdown has killed many of The American Century Theater’s competitors here in the D.C. area, maybe most of them, and a year of using Zoom and streaming services has undoubtedly convinced many one time audience members that live theater isn’t worth the time, inconvenience or expense. In the same period, toxic political correctness, political obsession and woke fanaticism has grown exponentially, and these were existential threats to theater already.

The “No Exit” controversy is a symptom of a very serious threat to live performance art, which has been a force for uniting societies and enlightening the public for centuries. We need it more than ever now. A lot is at stake. JM]

***

My department has produced “No Exit”(which, by the way, I like a lot more than you do, Jack) twice in the last decade.  The first of these was directed by a talented and intelligent female student (an ardent feminist, by the way) who went on to earn a Master’s from a prestigious university overseas.  And we also did an online-only production last fall, directed by a colleague who’s one of the smartest people I’ve ever known, with a PhD in Theatre from arguably the best doctoral program in the country.  Oh, did I mention that she’s a lesbian? 

And, of course, the sense of isolation in the play was a major reason the play was chosen: because we all have a greater understanding of that phenomenon now than even the most creative thinkers could have managed a year earlier.  Moreover, please forgive me if I think that perhaps my colleague, who has published and taught courses on Queer Theatre, might have a more sophisticated understanding of the concepts at play in that particular theoretical framework than would a gaggle of pretentiously woke undergrads.

I am apparently lucky not to be at WWU.  When I announced my show for this spring as Jean Genet’s “The Maids”and described the two central characters as “would-be murderers who engage in sado-masochistic lesbian incest,” it generated interest on the part of most of our best actresses; if there was any dissent—from either very liberal students or a very conservative larger community—I never heard about it.  (Side note: although it wasn’t produced until later, “The Maids” was chosen and announced prior to”No Exit” which was a late substitution for a play we were unable to do.  I wouldn’t have chosen to do two existential French dramas from the 1940s in the same season, but that’s what we ended up with.)

But revenons à nos moutons.  When I started this response, I intended to go point by point through the students’ commentary, but that got really long, as virtually everything they say is nonsense.  So: a few general points:

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Morning Ethics Warm-Up, 5/29/2021…Down The Rabbit Hole! An Unethical Ghost, A Stupid Newsreader, And A White-Hating Dean Walk Into A Bar….

/ Jack Marshall / 16 Comments

Rabbit

Ghost Ethics! I just watched an Amanda Seyfried Netflix movie called “Things Heard And Seen,” which I recommend neither seeing nor hearing. What I got out of it—spoiler alert, if indeed a crummy movie can be spoiled—is that ghost ethics are a little bit “problematic” as Prof. Turley would say. The spooks don’t quite get the “Fix the problem before it’s too late” obligation. In this movie, the benign ghost of a murdered woman who had been the original owner of an old house bought by an ambitious, sociopathic college professor takes the professor’s victimized wife under her spectral wing, knows that the husband is up to no good, but only does anything proactive to get rid of the husband after the monster has killed F. Murray Abraham (who still looks like Salieri!), run a woman who was on to him off the road, putting her in a coma, and finally chopped up lovely Amanda, who plays the wife, with an ax. THEN the ghost drags the husband to Hell, which we know the ghost knew was going to be his fate before Amanda got the Lizzy Borden treatment.

Talk about locking the barn door after the horse is gone…

1. Isn’t it good to know that news readers all over the world are just as ignorant and incompetent as ours are? Bill Shakespeare, the first man to get a pandemic vaccine, died last week of non-virus causes. A Spanish newscaster, Noelia Novillo, as photos of the Bard’s namesake flashed on the screen, announced the story this way:

‘We’ve got news that has stunned all of us given the greatness of this man. We’re talking about William Shakespeare and his death. We’ll let you know how and why it happened.As we all know, he’s one of the most important writers in the English language – for me the master. Here he is. He was the first man to get the coronavirus vaccine. He’s died in England at the age of 81.”

No word yet regarding whether the station fired this ignoramus. Why bother? She’ll just get a job at CNN…

2. Speaking of locking barn doors…actually more like locking the cellar door after the horse has escaped from the barn…Southwest Airlines announced yesterday that it will not resume alcohol service in June as previously announced, because a woman attacked a flight attendant on a recent Southwest flight in an incident that had nothing to do with alcohol consumption.

Ethics Alarms is so fond of the practice of punishing innocent members of the public for the isolated conduct of a single wrong-doer (Should I call it “The Chauvin Solution”?) and this is even worse. There is no nexus between the incident and Southwest’s response at all, except the unproven theory that if passengers have become unusually cranky during the pandemic (with Southwest insisting that passengers re-mask between sips of Coke), they’ll be even crankier once they’ve had a few little bottles.

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KABOOM! New York City Endorses Racial Division And Distrust Of Whites In A PSA [Revised And Updated]

/ Jack Marshall / 25 Comments

jackheadexplosion

I’ve never had my head explode while driving before.

It’s scary, but not as scary as what made it explode. There I was, driving along after picking up some stuff at the 7-11. I was listening to the first game in a Toronto Blue Jays-New York Yankees double-header, and was cheered to find the Yankees losing with just a half-inning left to go. Then an ad came on right before the Yankee 7th. (Baseball has this hideous rule this season making double header games only seven innings, but my head had exploded over that long ago.) When I first posted this, I wrote that I couldn’t quote it exactly, and that I couldn’t find it online. But commenter Here’s Johnny did, and here it is.

The rest of the post now reflects the actual message, and not my fevered efforts to recall it.

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The Wuhan Virus Origin Debacle: A “Bias Makes You Stupid” Classic

/ Jack Marshall / 9 Comments

Times Wuhan hack

I periodically am asked why I insist on referring to the pandemic virus, which unquestionably originated in China, almost certainly in the Wuhan province, and was allowed to spread world-wide in part by cover-up activities by the Chinese government, “The Wuhan virus.” After all, the edict came down from our politically-correct betters that this term was “racist,” despite the fact that it conveyed useful and accurate information that the technical term “COVID” does not.

I typically reply that I call it the Wuhan virus because that’s where it came from, and virtually every other virus has been named for its place of origin (sometimes inaccurately). I also do so in defiance of the open scheme among the news media to try to advance the Big Lie that President Trump was being racist by using the term when the news media itself had employed it before deciding this was one more opportunity to undermine Trump’s Presidency.

In addition, I furiously reject the proposition that because idiots and assholes react to truthful statements by behaving unjustly, violently and stupidly, as with the still relatively few who have attacked or abused Asian-Americans using the same cretinous rationale as those who killed dachshunds during World War I, anyone should shade the truth or avoid stating a fact. I reject the Asshole’s Veto, in other words.

There is also this motivating me: China is an international villain, and nobody should pretend otherwise or make any effort to excuse or disguise that nation’s true nature. Moreover, I am not running for office, and have succeeded in making anyone trying to justify the ban on calling a Chinese virus a Chinese virus look like the race-baiting tool that he or she is.

The entire effort to label as racist any statement, theory or belief that China bears responsibility for the virus that has killed millions and savaged the world economy would not have occurred with such fervor if it were not fueled by anti-Trump hatred and bias. Now the inconvenient truth that the virus may have originated in a Wuhan lab is exposing the despicable censorship effort for what it is, so its purveyors are desperately trying avoid the opprobrium they richly deserve.

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Greer’s Ranch Cafe Et Al. v. The United States Small Business Administration: No Government Discrimination Based On Race Or Gender Means No Government Discrimination Based On Race Or Gender

/ Jack Marshall / 12 Comments

OK to be white

When the government says that it isn’t OK to be white (or male), that’s not just unfair, it’s unconstitutional. Why is this so hard to grasp? Why is it controversial?

Texas federal district court Judge Reed O’Connor ruled last week that the Biden Administration was engaged in racial and gender discrimination in the administration of pandemic relief funds under the American Rescue Plan Act. NO! The BIDEN ADMINISTRATION handing out special benefits to women and blacks to the disadvantage of whites based on no other distinctions but race and gender? Impossible! Completely out of character!

Thanks, I had a huge sarcasm lump in my gorge that showed up on my last X-ray as a horseshoe crab. Whew! Finally got that thing out!

Judge O’Connor found that the Biden administration deliberately engaged in systemic gender and race discrimination in implementing Wuhan virus relief for American restaurants. Café owner Philip Greer sued the Small Business Administration arguing that he needs the same financial assistance as minority restauranteurs under the newly enacted American Rescue Plan Act, since his Greer’s Ranch Café lost over $100,000 during the pandemic. But Greer learned that he could not receive benefits from the Restaurant Restoration Fund approved by Congress because he is the “wrong” gender and the “wrong” color.

The White House and the Democratic-controlled Congress want women, minorities and “socially and economically disadvantaged” people” to be first in line. $2.7 billion already has been distributed through the fund and there are almost 150,000 pending applications from owners who will get preferential treatment over Greer. The SBA confirms it already has requests for $65 billion in payments under the fund. Greer worries that he might not get any assistance at all….because he is white. And—yecchh!—male.

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White Supremacy Confirmation Bias: How Do You Argue With Someone Who Reasons Like This?

/ Jack Marshall / 16 Comments

confirmation_bias

A blog that has been out there much longer than mine (and which conveniently leaves the blogger’s identity mysterious) argues that “implementing vaccine passports would be a white supremacist measure.” The Biden administration is encouraging such documentation, and the ultra-woke state of Oregon has announced that these will be required for its citizens to go unmasked in any indoor, public-access gathering. I am not concerned here with the wisdom of the policy. I want to know how anyone can have a rational conversation with someone who is convinced such a measure is evidence of “white supremacy.”

Whoeverthehellheorsheis writes,

“[P]oor people are much less likely to be vaccinated than higher-income persons…According to the long-set standards of Black Lives Matter and other critical-theory advocates, whether racial disparities like this are intended or not is irrelevant. These disparities are the results of racial discrimination and white privilege baked into the social-legal-medical networks for centuries. Therefore, it does not matter that this gap in immunization is not intended. It does not matter that the men and women managing the vaccine program and distribution, or administering it to the public, do not discriminate at the vaccine sites by the race of persons who come for the shots. Lack of deliberate intent does not excuse systemic racism. The fact that matters is this: “Black and Latino people are far more likely to live in poverty than white people, and despite having died at higher rates throughout the pandemic, they are receiving fewer vaccines than white people.” 

The argument is instructive, which is why I am bothering to publish it. If any disparity exists in any area where blacks and other non-white groups have statistically less positive outcomes than whites, it is per se proof of “white supremacy.” The fact of statistical variation is the proof, and reasons don’t matter. This is an especially useful example, because there is no reason at all for poor people or minorities not to be vaccinated. The vaccinations are free and ubiquitous. The greatest cost imaginable would be a cab ride. One doesn’t need online access to get one.

Minorities and poorer populations—they are not the same thing—are lagging behind in getting the shots, and by choice. Now, in the case of African Americans, an argument could be made that systemic flaws in the school system, or systemically rooted inadequacies in nutrition leading to cognitive damage, or pockets of African American culture crippled by paranoia and superstition as an outgrowth of centuries of abuse from slavery, are examples of harm from past white supremacy. However, a policy that only confers a disadvantage on a group because that group chooses to be disadvantaged cannot be condemned as an expression of hostility toward that group, or as a means of keeping that group disadvantaged.

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Morning Ethics Warm-Up, 5/21/2021, To A Chorus Of Cicadas

/ Jack Marshall / 11 Comments

Cicada Ethics: Sweep up all the disgusting things (and their husks) that have accumulated on your front walk at least twice a day so people don’t have to walk on them and their dogs don’t eat them.

1. Charles Grodin (1935-2021): Thanks a lot! Charles Grodin was a talented and versatile actor who was extremely good at playing dislikable characters. We can blame him (not Jon Stewart) for creating the unfortunate cultural phenomenon of the allegedly funny TV talk show host who decides he is qualified to bombard viewers with partisan rants. It’s a self-indulgent abuse of power, position and trust, but it’s also now the norm, with every late night talk show host (and Staurday Night Live) but the generally sweet James Cordon using their show as a platform to bash Republicans and conservatives and extoll progressives no matter how mockworthy they are. Grodin started the bait-and-switch (He’s funny! Wait, why is he so angry and preaching at us?) in the mid-Nineties, and though it eventually killed his show (not soon enough), the template was born.

Grodin made Ethics Alarms in 2014, with his campaign against the felony murder rule.

2. Speaking of staying in one’s lane…Yet another ugly result of social media is the phenomenon of people publishing uninformed opinions that they are unqualified to be so emphatic about. A baseball writer and recovering lawyer, Craig Calcaterra, whom I have referenced here before, has migrated from NBC Sports to substack, and is asking me to subscribe to his newsletter. Craig is funny and smart, and his baseball analysis is superior to most. But he is addicted to making political pronouncements, and while he has a right to his biased and often ignorant opinions on things he’s far from an expert on, I’ll be damned if I’ll pay to read them. For essentially the same reasons I object to watching football players “take a knee” during the National Anthem, I expect sports writers to stick to sports. Here’s a tip to anyone peddling a newsletter to me: I regard referring to the January 6 Capitol riot as a “deadly insurrection” as Democratic Party propagandist and signature significance for a pundit who is not concerned with facts.

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Unethical Tweet Of The Month: David Hogg

/ Jack Marshall / 20 Comments

Hogg tweet2

This is so evidently a case of res ipsa loquitur that I probably shouldn’t comment on it. It is also signature significance: no one but a bigoted and arrogant child would think this way, much less announce such a mindset in public.

Hogg, an unwounded victim of the Parkland shooting tragedy, was willingly exploited as a mouthpiece for anti-gun/NRA/Second Amendment fanatics for more than a year. CNN built a “town hall” and a rigged debate around him with Don Lemon as his cheerleader. Despite a sub-adult biological age and a sub-teen emotional age while suffering the after-effects of a terrible experience, Hogg was held up as a respectable authority on matters he knew little to nothing about. Harvard even accepted him into its freshman class based on his political posturing alone.

In the tweet, he reveals the shallowness of his reasoning and the irrationality of his ideological certitude. We shouldn’t need the tweet, based on what we’ve heard from Hogg already, but some people sufficiently addled by “Think of the children!” need a bit more proof.

Incidentally, I have felt the need not to wear a mask outside since the very beginning of Pandemic Panic so that intelligent people wouldn’t think I am a gullible, submissive fool.

End Of Week Ethics Regrets, 5/14/2021: Trevor Noah’s Wit, The Yankees’ Great Vaccine Experience, And Other Puzzlements

/ Jack Marshall / 33 Comments

regret

1. Baseball Ethics notes:

  • Ethics Heroes: The Houston Astros. When I forgive them for cheating their way to the 2017 World Championship, they might be worthy of a full post the next time they do something exemplary. The Astros are providing furnished apartments to minor-league players across all levels this season. According to The Athletic, they are  the only club doing this. Minor league players are obscenely underpaid, and have to find desperation lodging on salaries that aren’t much better than minimum wage. What the Astros are doing should be the industry standard. Is this an attempt by a bad actor to prove it has come into the light? Maybe. It’s still admirable.
  • In the category of “It isn’t what it is,” we have a bizarre statement from New York Yankees general manager Brian Cashman. The Yankees have confirmed eight cases of the Wuhan virus this week, with shortstop Gleyber Torres  the first player to test positive. The other seven cases had been among the Yankees’ coaching and support staffs, including pitching coach Matt Blake, third-base coach Phil Nevin and first-base coach Reggie Willits. Something is clearly amiss, either in what the team has been doing or in the effectiveness of the Johnosn and Johnson  single shot vaccine, which is what the Yankees provided to the team. Cashman said, in a longer statement to the press,

“The one thing I take from this is I believe the vaccine is working. We can take great comfort, thankfully, that all who were vaccinated with the J&J, provided from two different states, the one batch in New York, the other batch in Florida, at various different times, one in March versus obviously earlier in April, we believe it has protected us from obviously something severe or something much more difficult to be handling than we currently are.”

Or, the fact that so many Yankees who were  “fully vaccinated” got the virus anyway might suggest that the vaccine involved isn’t that great. I would come to that conclusion before “the vaccine is working.” Baseball players are young, athletes, and as far removed from high risk as one could find. Before the vaccine, only one player who contracted the virus last season became seriously ill, and that was from aside effect of the illness rather than the illness itself.

2. Explain those rules again for me, please? In today’s Arts section of the New York Times, we have this note:

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