Category Archives: ethics

Lower Court Obstructionism

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In a legal environment in which Federal district court judges routinely block President Donald Trump’s (R) initiatives and the Supreme Court, via Trump emergency appeals, overrule those judges (and the occasional appellate court ruling) more often than those lower court judges deem appropriate, we’re seeing increasing whining from those lower court judges: they’re getting quite cross over not being listened to, all the while pretending not to understand the Supreme Court’s stays of these lower court blocks while the underlying case works its way through the legal system. As The Wall Street Journal‘s news writer put it,

The court, has given Trump much of what he has asked for so far, but the brevity of its orders has flummoxed judges who say there is no way to interpret them.

This is the measure of the lower courts’ defiance of the Supreme Court. The Court lifts the stays explicitly to let the underlying cases concerning the Trump initiatives proceed pending a final judgment. Often, appellate courts and district court judges, in lifting a stay or HIAing one, will say they’re doing so because they think the relevant party to the litigation is likely to prevail in the underlying case. The Supreme Court cannot say such things without prejudicing its eventual ruling in the case while it’s before those lower courts. The Court does say, often but not always, that it’s staying a case while the case wends its way. Even in those cases where the Court does not say, though, that much is clear to anyone reading with objective eyes.

These district (and appellate) judges know that.

Here’s an example of lower court defiance in the judge’s attempts at obstruction:

“Whatever their own views, judges are duty-bound to respect the hierarchy of the federal court system,” Gorsuch wrote.
US District Judge Allison Burroughs in Massachusetts fired back at Gorsuch a couple of weeks later when she ruled the administration’s cuts to Harvard’s research funding were unconstitutional. In a footnote, Burroughs said it was “unhelpful and unnecessary” to criticize judges for defying the Supreme Court “when they are working to find the right answer in a rapidly evolving doctrinal landscape, where they must grapple with both existing precedent and interim guidance from the Supreme Court that appears to set that precedent aside without much explanation or consensus.”

What part of set that precedent aside is unclear to this judge? If it appears to her to be set aside, then from her perspective it is set aside. Is Burroughs really insisting she’s unable to follow a simple ruling without having in hand a long, detailed dissertation on why the ruling exists and why she must follow it? Would that ruling need to be written in words of one syllable or less? If so, she needs to find another line of work where her bosses have the time and inclination to hold her hand every step of the way.

On the other hand, it sounds like this judge is letting her disdain for Trump lead her to disrespect for and defiance of the Supreme Court. In that case, too, she needs to find another line of work, maybe with Bill Kristol.

New York Post Does the Same

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The New York Post condemned Socialist and Progressive-Democratic Party candidate for Mayor of New York City, Zohran Mamdani, over his refusal to condemn Hamas, the terrorist organization that invaded Israel two years ago, butchering Israeli women and children, raping Israeli women, and seizing hundreds of hostages, many of whom have been killed in captivity and many more of whom still are held by the terrorists.

The condemnation is entirely appropriate.

However, the NYP then proceeded to commit the same offense in the second paragraph of its article:

Mamdani stopped short of condemning the militant group after Netanyahu used his defiant address to the United Nations General Assembly on Friday to declare that Israel must “finish the job” in its war against Hamas.

No. Hamas is not a militant group. Far from it. Hamas is a terrorist organization through and through. I would have thought the NYP‘s publisher, if not its editors, knew better than this. Apparently, I’m too optimistic.

Should We Forgive Barry Bonds?

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That’s the lead-off question The Free Press asked in its Wednesday piece. The article then just beat around the bush on the matter while spilling endless pixels on the marketability of Bonds memorabilia and those of other disgraced baseball players, and on other baseball players alleged (with greater or lesser amounts of supporting data) to have cheated. But Bonds did cheat—he used performance enhancing drugs.

So: should we forgive Barry Bonds? Of course; we should have done so a long time ago. But that doesn’t mean we should forget his cheating. That cheating was of a magnitude—increasing, for instance the number of hits and the number of homeruns he would have gotten absence his PED use—that he has been, and rightly should continue to be, barred from baseball’s Hall of Fame. The stats he accrued from his PED use overshadowed other, honest, players and deprived them of their leading stats.

That some other players similarly cheated, or seriously violated other baseball rules (viz., betting on baseball games) in no way absolves Bonds. The existence of those other cheats and baseball’s spotty record regarding them only point up baseball’s atrociously inconsistent enforcement of its own rules.

And: just to drive home the point, forgiving is not the same as forgetting, and it’s long past time to stop conflating the two.

Wrong Answer

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This time it’s Jason Riley, of The Wall Street Journal, who’s missing the street for the potholes. He wrote in his Tuesday op-ed,

The latest results from the National Assessment of Education Progress were released earlier this month, and they weren’t pretty. High-school seniors recorded the worst reading scores since 1992, and math scores were the lowest since the current test began two decades ago. Elementary-school students have also lost ground. Just 31% of eighth-graders scored at or above the proficient level on the science assessment.

And,

The ramifications extend far beyond our borders. The Program for International Student Assessment exam is a global assessment of 15-year-old pupils. In 2018 only 8% of US test-takers scored in the top tier in mathematics, compared with 15% in Canada, 18% in Japan, and 29% in Hong Kong. Today’s students will populate tomorrow’s labor force, and employers who rely on workers with math, science, and engineering backgrounds have been complaining for decades that too many Americans are uninterested or ill-prepared to fill these jobs.

 

But then he wrote,

Which brings us back to Mr Trump, who wants to make it harder for US companies to hire foreign nationals. On Friday the president announced that he was imposing a new $100,000 fee on applicants for H-1B visas, designated for skilled migrants who disproportionately specialize in science, technology and math occupations.

It’s true enough that we benefit from suitably skilled foreigners who enter our nation legally—those immigrants and Riley’s “migrants.” But the problem, which seems to have blown right by him, even as he wrote it, is identified by those employers…complaining for decades that too many Americans are uninterested or ill-prepared to fill these jobs.

The answer to the problem is not making it easy for qualified immigrants to enter our nation legally, even as that helps at the margins. The answer is to fix our education system. That must begin with eliminating, root and branch, the rent- and fee-seeking teachers unions who collect massive dues and lobby (too successfully) for government money while they work just as assiduously to block local, State, and Federal efforts to improve the public school systems those unions hold in thrall. An early move in this beginning step would be to recognize that teachers and their unions who work for public schools are public servants and public service unions just as are the civil servants and their unions working for any other arm of government, and bar them from striking, just as many civil servant unions are barred.

Our education system would be further improved by getting those unions and their hip-pocket politicians at the various levels of government out of the way of voucher and charter schools and home schooling, accepting that competition works toward product improvement in education as well as it does in industry.

At that point, the cherry on top would be to have local, State, and Federal funding not go directly to the schools, but instead follow the student to the school or home to which he transfers, or with which he stays after having transferred, for use then by the school or parent receiving the student.

The Party that Invented Political Weaponization

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Progressive-Democratic Party politicians have been bleating for most of this year about the alleged weaponization of the Department of Justice. However, Party invented that weaponization with ex-President Barack Obama’s DoJ and his Attorney General Eric Holder, who swore fealty to Obama with his “I’m his wingman” oath, and then proceeded to use his AG office to go after us American citizens for daring to disagree with Obama’s pen and phone activities. Obama expanded that weaponization with his use of the IRS to go after Conservative nonprofit political organizations.

Biden expanded, while particularizing, that Party weaponization with his DoJ and its subordinate FBI categorizing concerned mothers as domestic terrorists and traditional Catholics as far-right extremists that bore watching. He and his followers engaged in explicit, politically motivated prosecutions of Trump over the riots at the Capitol and over his concerns about election integrity in the aftermath of the 2020 election.

Trump has been attacking political opponents during his second term? Or is he going after wrong-doers who happen to be, also, in the other party?

Whatever those answers might be, here’s Party’s House Minority Leader Hakeem Jeffries (D) promising more, explicitly more, Party weaponization with promised attacks, not just on Trump, but on anybody “doing the bidding of the Trump administration.”

One thing to understand as people who are flirting with the Trump administration, or doing the bidding of the Trump administration, or engaging in the “pay to play schemes” of the Trump administration, the statute of limitations is five years…there will still be accountability to be had. And that process begins now, but it will not be complete until there is an independent Department of Justice and certainly an independent House of Representatives in Democratic hands.

In Democratic hands—my irony meter pegged hard.

This is the level of integrity Party has on offer for 2026, 2028, and in the out years.