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Items with tag "SCOTUS"
The US Supreme Court used its infamous shadow docket Monday to tell the OAFPOTUS he can't send the National Guard to Chicago anymore: In its three-page unsigned ruling against the administration, the court refused to grant the president broad discretion to deploy the military in U.S. cities, citing an 1878 law, which bans the use of the military for domestic policing. It represented a rare departure from recent cases, in which the conservative majority has overwhelmingly sided with Mr. Trump in...
No Kings reactions and other link clearance
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Naturally, the press had a lot to say about the largest protest in my lifetime (I was born after the Earth Day 1970 demonstration): As many as 250,000 people turned out for the downtown Chicago event, which included a procession that carried a 23-meter replica of the US Constitution, and resulted in zero arrests or reports of violence. (The video of the procession leaving Grant Park is epic.) David Graham of The Atlantic explains why the protests got under the OAFPOTUS's skin: "Trump’s movement depends...
Today in OAFPOTUS and Republican corruption
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Rosh Hashana begins in just a few hours. To celebrate, let's sing! Corruption, corruption! Corruption!Corruption, corruption! Corruption! Who, day and night, has got his tiny hands out?Reaching for a pay-out, raking in the cash?And who keeps on whining, every day he's whining,"I'm the real victim here!" The POTUS, OAFPOTUS! Corruption!The POTUS, OAFPOTUS! Corruption! Who must know the way to break a proper law,A needed law, a settled law?Who must shred all precedent and end the law,So billionaires can...
Relatively busy day, glad I have windows that open
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I just got back from a 30-minute walk with Cassie in 22°C early-autumn sun. We suffered. And now I'm back in my home office and she's back on the couch. She will spend the next several hours napping in a cool, breezy spot downstairs, and I will...work. I will also read a bit, which is a skill that I'm glad Cassie does not have after encountering the day's news: It's official! The June jobs report showed a decline in US employment for the first time since December 2020, making President Biden the only...
A moment of downtime
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I've gotten some progress on the feature update, and the build pipeline is running now, so I will take a moment to read all of these things: Radley Balko looks at the creation of what looks a lot like the OAFPOTUS's Waffen-Shutzstaffel and says we've lost the debate on police militarization: "In six months, the Trump administration made that debate irrelevant. It has taken two-and-a-half centuries of tradition, caution, and fear of standing armies and simply discarded it." Linda Greenhouse condemns the...
Summer weekend link roundup
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I'm done with work for the week, owing to my previously-mentioned PTO cap, so later this afternoon I'm teaming up with my Brews & Choos Buddy to visit two breweries on the North Side. Later this weekend (probably Sunday), I'm going to share an unexpected result of a long-overdue project to excise a lot of old crap from my storage locker: articles from the proto-Daily Parker that ran out of my employer's office a full year before braverman.org became its own domain. Before I do any of that, however, I'm...
Summer weekend link roundup
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I'm done with work for the week, owing to my previously-mentioned PTO cap, so later this afternoon I'm teaming up with my Brews & Choos Buddy to visit two breweries on the North Side. Later this weekend (probably Sunday), I'm going to share an unexpected result of a long-overdue project to excise a lot of old crap from my storage locker: articles from the proto-Daily Parker that ran out of my employer's office a full year before braverman.org became its own domain. Before I do any of that, however, I'm...
I underestimated the insanity
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On my flight yesterday, I finally read Nicholas Confessore's explanation of how US v Skrmetti got to the Supreme Court, and...wow. I am actually shocked at how illiberal and extremist the ACLU's leadership has become, and how far the transgender rights movement has moved to the left: For Chase Strangio, the stakes were both personal and political. He joined the A.C.L.U. in 2013, a few years after undergoing top surgery, or a mastectomy, a procedure that “saved my life,” as he later wrote. “When you...
Plane reading
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I'm flying tomorrow and Sunday, giving me a few uninterrupted hours to read between now and Monday. So I'm just queuing some of these things up: The US Supreme Court upheld a Tennessee law that prohibits certain medical interventions for minors who want to transition genders. As the opinion came from Justice Samuel Alito (R) and the dissent from Justice Sonia Sotomayor (I), I have a feeling both it and the dissent will satisfy no one. The Times characterizes the decision as setting back "the movement" a...
Everything else this past weekend
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Earlier I mentioned Cassie and I had a fun weekend with lots of outdoor time. Unfortunately, the weekend wasn't as much fun for others: Contrasting the 5-million-plus No Kings demonstrators across the country with the desultory turnout to the Army's 250th birthday parade that the OAFPOTUS co-opted, Norman Eisen concludes that the OAFPOTUS "is a lousy dictator." The OAFPOTUS, disappointed that he didn't get loads of goose-stepping troops carrying his photo like the DPRK army on parade, predictably threw...
Shifting gears after a morning of meetings
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Just queuing a few things up to read at lunchtime: From tavern-style communion pizza and Malört to the horrific discovery that the Pope is a White Sox fan, Chicagoans have gone nuts for Leo XIV. Catholics everywhere are finally safe from ketchup with their Eucharist. Former US Supreme Court Justice David Souter has died, aged 85. He "pulled a Brennan" by drifting left during his term on the court, much to the annoyance of the Republicans who elevated him. Political scientists Steven Levitsky, Lucan Way...
Radley Balko, who has spent his career examining police policy and law-enforcement mission creep, elucidates the latest authoritarian trolling from the White House: Donald Trump says he wants to “unleash” the police. The [latest executive order] is more virtue signaling than policy — more an expression of Trump’s mood than a serious proposal. And, when it comes to conventional crime, Trump’s mood is right where it’s always been: fearful, demagogic, and perpetually stuck in 1988. The key term in the...
Friday afternoon link roundup
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Somehow it's the 3rd day of 2025, and I still don't have my flying car. Or my reliable high-speed regional trains. Only a few of these stories help: James Carville admits he got the 2024 election wrong. Matt Ford thinks "John Roberts is imagining things." A new book by Anita Say Chan equates the tech-bro culture with 20th-century eugenics. Molly White examines Elon Musk's war on Wikipedia. The US Surgeon General has called for adding cancer warnings to alcohol labels. Brazil's experiment in abolishing...
Two guest essays in yesterday's New York Times caught my attention. The first, by Tony Schwartz, the ghostwriter who wrote the "unintended work of fiction" The Art of the Deal, pivots off the new XPOTUS biopic to warn us, once more, about the psychopath topping the Republican ticket: What struck me from the first day I met Mr. Trump was his unquenchable thirst to be the center of attention. No amount of external recognition ever seemed to be enough. Beneath his bluster and his bombast, he struck me as...
Corruption, corruption, corruption
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For once, Chicago's legendary corruption isn't the biggest news story of the day. Let's start with New York, where the Adams administration seems determined to set new standards for public corruption, going so far as to float the "we're only a little bit criminal" defense: The indictment alleged that, for years, starting during his tenure as Brooklyn borough president, Adams had cultivated a relationship with a representative of the Turkish government who arranged for him to receive some $123,000 worth...
First Monday in October 2024
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The extreme-right-wing US Supreme Court begins a new term today, which we can all expect to continue the trends they have been on for the last 30 years. All we need is a razor-thin margin in one or two swing states on the 5th, and then, as George HW Bush said once, "Zip-a-dee-doo-dah! Now it's off to the races!" Meanwhile: A new book argues that the "originalism" practiced by many Republican judges, like Justices Alito and Thomas, has absolutely no basis in historical fact. But we knew that already....
Stuff I just got around to reading
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I had a busy Friday and a busier Saturday, so I just got to these this morning: The entire Chicago Public Schools board resigned Friday in the latest salvo in the fight between Chicago Mayor Brandon Johnson (D) and CPS CEO Pedro Martinez. The Supreme Court rejected two emergency applications from polluters who want to continue polluting while their cases work through the system. Brett Stephens looks back at a year of increasing anti-Semitism disguised as "anti-Zionism." (This is exactly why I'm reading...
Last work day of the summer
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A few weeks ago I planned a PTO day to take a 25 km walk tomorrow along the North Branch Trail with pizza at the end. (I'll do my annual marathon walk in October.) Sadly, the weather forecast bodes against it, with scattered thunderstorms and dewpoints over 22°C. But, since I've already got tomorrow off, and I have a solid PTO bank right now, I'll still take the day away from the office. And autumn begins Sunday. Good thing, too, because the articles piled up this morning, and I haven't had time to...
Thursday night link club
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I had a burst of tasks at the end of the workday, so I didn't get a chance to read all of these: Associate Justice Sam Alito (R) drafted such loony-right-wing opinions in two major cases this term that he lost crucial support from other Republican justices, reversing the Court's initial vote. Russia released journalist Evan Gershkovich and other hostages in exchange for a convicted KGB hit-man. Tom Nichols argues that, however good it is to get our hostages back from Russia, they were still hostages....
President Biden has (finally!) proposed using the power of Article I to de-politicize Article III: [W]e have had term limits for presidents for nearly 75 years. We should have the same for Supreme Court justices. The United States is the only major constitutional democracy that gives lifetime seats to its high court. Term limits would help ensure that the court’s membership changes with some regularity. That would make timing for court nominations more predictable and less arbitrary. It would reduce the...
What a lovely afternoon!
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Too bad I'm in my downtown office. It's a perfect, sunny day in Chicago. I did spend half an hour outside at lunchtime, and I might take off a little early. But at least for the next hour, I'll be looking through this sealed high-rise window at the kind of day we only get about 25 times a year here. Elsewhere in the world: Former CIA lawyer James Petrila and former CIA spook John Sipher warn that the Supreme Court's decision in Trump v US could undo 50 years of reforms that reined in illegal clandestine...
Whoo boy
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Apparently everyone else got over Covid yesterday, too. Or they're just trying to make deadline before the holiday: Peter Hamby pulls the fire alarm after reading a leaked polling report showing President Biden's support slipping in key states after last week's debate catastrophe. Constitutional scholar Lawrence Tribe fumes that yesterday's decision on presidential immunity "reveals the rot in the system." Ruth Marcus simply calls the Republican majority on the Court "dishonorable." In her dissent in...
Well, the Republicans sure did pack the court well, didn't they? The Supreme Court's term finally ended today with another apparent success for the convicted-felon XPOTUS. All three Justices he appointed plus Thomas (R) and Alito (R) agreed with the Chief Justice (R) that, despite the actual words of the Constitution and everything that the Federalist Papers warned us about, some actions by a president during his or her time in office cannot be prosecuted: The U.S. Supreme Court, in a 6-3 decision along...
We've had stories of people clinging to power long past their ability to wield it for as long as we've had stories. Today, though, I want to take note of three people who held on so long, they wound up undoing much of what they'd accomplished in their lifetimes: Paul von Hindenburg, Ruth Bader Ginsburg, and now possibly Joe Biden. Germans largely loved and respected Hindenburg, in part because he came very close to winning the First World War as supreme commander of the Central Powers. The loss of that...
The XPOTUS and his Supreme Court appointees don't care about you
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Yes, President Biden is old, but he doesn't want to recreate the world of Victor Hugo. The Republican Party does, and this morning, they showed how they'll do it. The debate last night did not fill me with joy, as it showed my guy looking like the 82-year-old great-grandfather he is, and showed the convicted-felon other guy looking like the 78-year-old con artist he is. I may come back to this train wreck for democracy later today, but for now, I'd rather focus on why the President's geriatric...
Definitely summer in Chicago
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Cassie and I just got back from a short walk around the block. We did a 45-minute walk at 7:15, when we both could still tolerate the temperature, but just now my backyard thermometer shows a temperature of 33.1°C with a dewpoint of 23.3°C, which gives us a heat index of 38.5°C (101.4°F). Honestly, I prefer winter to this. The National Weather Service predicts the heat wave could extend through the week. Meanwhile, in the rest of the world: John Heilemann asks, why do we give a crap about who the...
Lovely Sunday, pretty warm Monday
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The last three days—i.e., the first three days of Summer—have shown us most of the weather we can expect this season. It rained most of Saturday, yesterday we had cool, sunny, and eminently walkable weather, and today it's hot and sticky with thunderstorms on the way. At least Cassie and I got to spend most of yesterday outside. In other news: David French argues that Justice Sonia Sotomayor's (I) recent opinion defending the National Rifle Association "reinforced the constitutional wall of protection...
What news?
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Oh, so many things: Ankush Khardori lays out how "the Alito scandal is worse than it seems." US Representative Jamie Raskin (D-MD), a former constitutional law professor, has a plan for how to get Justices Alito (R) and Thomas (R) to recuse themselves in any January 6th case. The non-disclosure agreement The Apprentice producer Bill Pruitt signed to work on the show recently expired, and wouldn't you know, he has tapes. Pass the popcorn. Matthew Yglesias describes his drift from left to center-left....
Last days of spring
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I just popped out for lunch. It's 17°C in the Loop with lots of sun, the kind of day when I wonder why I went back to the office. Summer begins Saturday. Ah, to be French and take an entire month off... This time of year has other features, many of which popped up in my various RSS feeds this morning: For the first time in his life, the XPOTUS finds himself waiting for a jury to decide whether he's a felon. In closing arguments yesterday, his attorney nearly got himself sanctioned on the spot for a...
Sam Alito has stopped pretending to be impartial
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We always knew US Associate Justice Sam Alito (R) had a mediocre aura and a partisan bent, but before the Great Kentucky Turtle stole Merrick Garland's appointment and rushed through Comey Barrett's, Alito at least sometimes pretended to understand that the Supreme Court's legitimacy rested in part on people perceiving it as non-partisan. This week he decided to abandon that pretense. First, when his questions in US v Idaho on Tuesday revealed that he has no interest at all in protecting adult women...
The Roscoe Squirrel Memorial is gone
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The Chicago Dept of Transportation this morning removed and (they claim) preserved the "Chicago Rat Hole" on the 1900 West block of Roscoe St. in the North Center neighborhood. I admit, I never saw the Rat Hole in the flesh (so to speak), but I feel its absence all the same. Moving on: Three Republican Arizona state representatives voted with all 29 Democrats to repeal the state's 1864 abortion ban; the repeal now goes to the Arizona Senate. Monica Hesse reminds people who say it's sexist to advocate...
Scattered thunderstorms?
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The forecast today called for a lot more rain than we've had, so Cassie might get more walkies than planned. Before that happens, I'm waiting for a build to run in our dev pipeline, and one or two stories piqued my interest to occupy me before it finishes: Jennifer Rubin grabs the popcorn as the XPOTUS finds himself not really helped by his first criminal trial. Mary Trump says it's because the world finally sees him for the loser he's always been. The Federal Trade Commission has issued a sweeping ban...
Yes, I do mean the demented, very old man running as the Republican nominee for President. One might believe, in a moment of weakness, that Swiss farmers harvest tons of spaghetti each year, but that wouldn't bother most people outside of your closest friends and possible your boss. Alas, the guy who believes whatever will get him the next win, no matter how un-strategic that may be, keeps popping up in my newspapers: Dennis Aftergut explains how "violence and intimidation are key to understanding" the...
The US Supreme Court unanimously ruled that individual states have no power to remove a presidential candidate from the ballot, suggesting that only the US Congress has that power: All the justices agreed that individual states may not bar candidates for the presidency under a constitutional provision, Section 3 of the 14th Amendment, that forbids insurrectionists from holding office. Four justices would have left it at that. But a five-justice majority, in an unsigned opinion, went on to say that...
Leapin' lizards
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Stories for the last day of winter, this year on the quadrennial day when your Facebook Memories have the fewest entries and, apparently, you can't pay for gas in New Zealand: Josh Marshall calls out retiring Senate Minority Leader Mitch McConnell (R-KY) for, among other things, turning the Senate "into a genuinely Calhounian body in which minority factions exercise a de facto and permanent veto over the majority." Steven Rattner calls out the XPOTUS for his destructive economic proposals. Ruth Marcus...
Three seasons in one day
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It's official: with two days left, this is the warmest winter in Chicago history, with the average temperature since December 1st fully 3.5°C (6.3°F) above normal. We've had only 10 days this winter when the temperature stayed below freezing, 8 of them in one week in February. This should remain the case when spring officially begins on Friday, even though today's near-record 23°C (so far) is forecast to fall to -6°C by 6am. And that's not even to discuss the raging thunderstorms and possible tornadoes...
Fun international work meeting
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I learned this morning that I have a meeting at 6am Wednesday, because the participants will be in four time zones across four continents. Since I'm traveling to Munich later that day, I'll just comfort myself by remembering it's 1pm Central Europe time. I'm already queuing up some things to read on the flights. I'll probably finish all of these later today, though: Jennifer Rubin highlights four ways in which the XPOTUS has demonstrated his electoral weakness in the past few weeks. Republican pollster...
The universe, following up on the death of one controversial right-wing figure in American politics, continued tidying up with the death of former Justice Sandra Day O'Connor (I/r), the first woman appointed to the United States Supreme Court: Very little could happen without Justice O’Connor’s support when it came to the polarizing issues on the court’s docket, and the law regarding affirmative action, abortion, voting rights, religion, federalism, sex discrimination and other hot-button subjects was...
In other news...
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Despite the XPOTUS publicly declaring himself a fascist (again), the world has other things going on: Josh Marshall plots out how House Speaker Mike Johnson (R-LA) knows he has to pass a budget that Democrats can stomach, but because he still has to placate the extreme right wing of his party, he's pretending he can pass something else. And the clown show continues. The US Supreme Court has published their new ethics rules, which look a lot like a subset of the rules the rest of the Federal courts have...
Seasonal, sunny, and breezy
AutumnChicagoClimate changeCorruptionElection 2024GeneralGeographyGunsLawMoviesPersonalPoliticsRepublican PartySan FranciscoSCOTUSTrumpUrban planningUS PoliticsWeatherWriting
We have unusual wind and sunshine for mid-November today, with a bog-standard 10C temperature. It doesn't feel cold, though. Good weather for flying kites, if you have strong arms. Elsewhere in the world: The right wing of the US Supreme Court has finally found a firearms restriction that they can't wave away with their nonsense "originalism" doctrine. Speaking of the loony right-wing asses on the bench, the Post has a handy guide to all of the people and organizations Justice Clarence Thomas (R) and...
How is it Friday already?
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I spent way too much time chasing down an errant mock in my real job's unit test suite, but otherwise I've gotten a lot done today. Too much to read all these articles: Julia Ioffe interviews Ambassador Dennis Ross on the disappearing hopes for a two-state solution in Israel. Ruth Marcus wonders whether Associate Justice Clarence Thomas (R) committed tax fraud when he accepted a $267,000 motor home. Josh Marshall wonders WTF with House Speaker Mike Johnson's (R-LA) black "son?" Paul Krugman bemoans the...
Cough, cough, cough
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I could have worked from home today, and probably should have, but I felt well enough to come in (wearing an N95 mask, of course). It turned that I had a very helpful meeting, which would not have worked as well remotely, but given tomorrow's forecast and the likelihood I'll still have this cold, Cassie will just have to miss a day of school. I have to jam on a presentation for the next three hours, so I'll come back to these later: Alex Shephard says this is the week Twitter finally went totally evil....
The Republican Clown Car isn't the only thing in the news
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Other things actually happened recently: Slate's Sarah Lipton-Lubet explains how the US 5th Circuit Court of Appeals and the US Supreme Court keep allowing straw plaintiffs to raise bullshit cases so they can overturn laws they don't like. Julia Ioffe, who has a new podcast explaining how Russian dictator Vladimir Putin's upbringing as a street thug informs his foreign policy today, doesn't think the West or Ukraine really need to worry about Robert Fico's election win in Slovakia. Chicago Transit...
The GOP Clown Caucus lights the tent on fire
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House speaker Kevin McCarthy (R-CA) lost the first procedural vote to prevent a second vote aimed at kicking him out of the Speaker's chair, which will probably result in him getting re-elected in a few days. The Republicans in Congress simply have no one else who can get 218 votes for Speaker. Hakeem Jeffries (D-NY) would get 214, but no Republican would ever vote for him. And my party's caucus have absolutely no interest in helping the Romper Room side of the aisle get its own house in order. Fun...
In other news of the day...
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It's only Wednesday? Sheesh... The Writers Guild of America got nearly everything they wanted from the Alliance of Motion Picture and Television Producers (i.e., the Astroturf organization set up by the big studios and streamers to negotiate with the Guilds), especially for young writers and for hit shows, but consumers should expect more bundling and higher monthly fees for shows in the future. Josh Marshall suspects that the two competing storylines about the XPOTUS (that he's about to return to...
Busy work day
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Other than getting a little rained on this morning, I've had a pretty good day. But that didn't leave a lot of time to catch up on any of these before I started a deployment just now: Heather Cox Richardson examines US history through the lens of a never-ending conflict between "two Americas, one based in religious zeal, mythology, and inequality; and one grounded in rule of the people and the pursuit of equality." Josh Marshall ponders the difficulty of covering the XPOTUS's increasingly ghastly...
Sunday morning link clearance
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Google Chrome is patiently letting me know that there's a "New Chrome available," so in order to avoid losing all my open tabs, I will list them here: No matter what the Republicans in Congress want you to believe, if the government shuts down next week, it's their fault. Dana Milbank concurs. And Tina Nguyen piles on. Along the same lines, economist Paul Krugman explains "why Kevin McCarthy can't do his job." (Hint: Reagan and Gingrich.) Among the other stupid reasons the same Republicans want to...
Other events of the day
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I didn't only read about leaf blowers today. In other news: For reasons no one can fathom, there seems to be a relationship between how much scrutiny the individual Justices of the United States have gotten over their conflicts of interest with billionaires and their rejection of outside ethical oversight. Oh, and the two most defiant happen to be the two most ideologically Republican. Hard to figure out why. Paul Krugman tries to figure out why inflation has dropped to 3%—not that he's complaining!...
Friday lunchtime reading
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It never stops, does it? And yet 100 years from now no one will remember 99% of this: A group of psychiatrists warned a Yale audience that the XPOTUS has a "dangerous mental illness" and should never get near political office again. Faced with this obvious truth, 59% of Republicans said they'd vote for him in 2024. Timothy Noah looks at the average age of the likely nominees for president next year (79) and the average age of the US Senate (60-something) and concludes our country needs a laxative....
Annals of the mafia state
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Since today is the last Friday of the summer, I'm leaving the office a little early to tackle one of the more logistically challenging itineraries on the Brews & Choos Project. So I'm queueing up a few things to read over the weekend: The XPOTUS finally won his "long hard battle" to finally get a mugshot, which the Internet immediately (a) put on swag you can buy and (b) compared with the Kubrick Stare. But where did the Fulton County Jail get his height and weight? US intelligence sources believe the...
Temperature 26, dewpoint 22
CassieChicagoClimate changeCrimeEconomicsEntertainmentGeneralGeographyGunsHistoryLawPoliticsRepublican PartySCOTUSSoftwareSummerTransport policyTravelTrumpUrban planningWeatherWork
I just got back from walking Cassie for about half an hour, and I'm a bit sticky. The dog days of summer in Chicago tend to have high dewpoints hanging out for weeks on end, making today pretty typical. Our sprint ends Tuesday and I still have 3 points left on the board, so I may not have time to give these more than a cursory read: DC Federal judge Tanya Chutkan slapped the XPOTUS with a gag order to protect the witnesses and evidence in one of his criminal trials. Let's see how well that works. The...
Calm moment before chaos
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I'm having a few people over for a BBQ this evening, several of them under 10 years old, and several of them dogs. I've got about 45 minutes before I have to start cutting vegetables. Tomorrow will be a quiet day, so I'll just queue these stories up for then: Not a group to pass up risible hypocrisy, Alabama Republicans have defied the US Supreme Court's order that they create a second majority-Black district in the state, preferring just to shuffle the state's African Americans into a new minority...
Of note, Monday afternoon
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Just a few items for my reading list: The Supreme Court's Republican majority have invented a new doctrine that they claim gives them override any action by a Democratic administration or Congress. John Ganz thinks all Americans are insane, at least when it comes to conspiracy theories. Chicago's Deep Tunnel may have spared us from total disaster with last week's rains, but even it can't cope with more than about 65 mm of rain in an hour. Oregon's Rose Quarter extension of Interstate 5 will cost an...
New York Times columnist and former Supreme Court reporter Linda Greenhouse summarizes the frightening success of the Religious Right under the Roberts court: Yes, democracy survived [the Supreme Court's 2022-23 term], and that’s a good thing. But to settle on that theme is to miss the point of a term that was in many respects the capstone of the 18-year tenure of Chief Justice John Roberts. To understand today’s Supreme Court, to see it whole, demands a longer timeline. To show why, I offer a thought...
Shocking Supreme Court decisions just announced!
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Ah, ha ha. I'm kidding. Absolutely no one on Earth found anything surprising in the two decisions the Court just announced, except perhaps that Gorsuch and not Alito delivered the First Amendment one. Both were 6-3 decisions with the Republicans on one side and the non-partisan justices on the other. Both removed protections for disadvantaged groups in favor of established groups. And both lend weight to the argument that the Court has gone so far to the right that they continue to cause instability in...
The more things change, the more they stay the same
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Some stories to read at lunch today: The Supreme Court unanimously rejected the US Postal Service's requirement that a religiously observant letter carrier deliver packages on the Sabbath. Since Justice Alito (R$) wrote the opinion, I'll also have to read Justices Sotomayor's (I) and Jackson's (I) concurrence. Of course, as Josh Marshall predicted, the Court split along partisan lines in a decision that essentially abolishes affirmative action for college admissions, which will likely reverse the gains...
Comey Barrett and Kavanaugh continue to surprise
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The Supreme Court published its ruling in Moore v Harper today, snuffing out the Federalist Society weed-induced fantasy of the "independent state legislature theory" would remain just that—a fantasy: [A]lthough the Constitution gives state legislatures the power to regulate federal elections, state courts can supervise the legislature’s exercise of that power. By a vote of 6-3, the court rejected the so-called “independent state legislature theory,” holding that the North Carolina Supreme Court did not...
Week-end round-up
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I think I finally cracked the nut on a work problem that has consumed our team for almost three years. Unfortunately I can't write about it yet. I can say, though, that the solution became a lot clearer just a couple of weeks after our team got slightly smaller. I will say nothing more. Just remember, there are two types of people: those who can infer things from partial evidence. Just a few articles left to read before I take Cassie on her pre-dinner ambulation: Titanic director James Cameron, who has...
A wish list
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I'll elaborate on this later, but I just want to list a couple of things I desperately want for my country and city during my lifetime. For comparison, I'm also listing when other places in the world got them first. For context, I expect (hope?) to live another 50 years or so. Universal health care, whether through extending Medicare to all residents or through some other mechanism. The UK got it in 1948, Canada in 1984, and Germany in 1883. We're the only holdout in the OECD, and it benefits no one...
Alito challenges Thomas for "Most Corrupt Justice" award
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Pro Publica reported this morning that Justice Sam Alito (R-$), who authored the Court's decision in Dobbs v Jackson Women's Health Organization that essentially (and I hope temporarily) undid Roe v Wade, spent some QT in Alaska with a billionaire and did not report this junket to the Court's ethics watchdog: In early July 2008, Samuel Alito stood on a riverbank in a remote corner of Alaska. The Supreme Court justice was on vacation at a luxury fishing lodge that charged more than $1,000 a day, and...
James Fallows contrasts the behavior of octogenarians US Senator Diane Feinstein (D-CA) and President Joe Biden: It boils down to this: —Sometimes what helps an individual hurts a larger cause. Things have come to that point for Senator Dianne Feinstein. —Sometimes it works the other way, and an individual’s interests are aligned with a cause. I believe that applies to Joe Biden’s announcement that he is running for a second term. Feinstein staying on, at age 89, increases problems for her party. Biden...
What did I do with all my free time before the Internet?
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I think I wrote software and read a lot. You know, just what I do today. Stuff like this: Josh Marshall sums up the current Republican majority on the Supreme Court as a "casual mix of sweetheart deals and billionaire gifting [that] just stems from the same arrogance and corruption at the heart of the Federalist Society project," which sounds correct to me. On the same front, Pema Levy argues that "the Dobbs leak didn't wreck the Supreme Court—the justices' scandals did," which also sounds correct to...
Reading while the CI build churns
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I'm chasing down a bug that caused what we in the biz call "unexpected results" and the end-users call "wrong." I've fixed it in both our API and our UI, but in order to test it, I need the API built in our dev/test environment. That takes about 18 minutes. Plenty of time to read all of this: Ruth Marcus wants you to really think about Jean Carroll's testimony in her defamation suit against the XPOTUS. Tom Nichols sees narcissism, not "misguided patriotism," as the root of the classified intelligence...
Too much to read
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A plethora: Google has updated its satellite photos of Mariupol, clearly showing the destruction from Russia's invasion and subsequent siege. Senators Angus King (I-ME) and Lisa Murkowsky (R-AK) have introduced legislation to force the Supreme Court—read: Justices Thomas (R$) and Gorsuch (R)—to adopt a binding code of ethics. Presumably a Democratic bill that would actually let Congress set the Court's ethical standards will come soon. On Monday, the city will cut down a bur oak they estimate has lived...
My domain name is 25 years old
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On this day in 1998, I registered braverman.org, and just a few weeks later built the first draft of what became this blog. When I registered it, only about a million domain names existed, though 1998 turned out to be the year the Internet exploded worldwide. Just seven years earlier, only 100 .org names existed, so braverman.org may be one of the oldest .orgs out there. (For comparison, there are just about 350 million registered domain names today.) Of course, the 25th anniversary of braverman.org...
Justice Clarence Thomas (R) began his lifetime tenure to the United States Supreme Court with the help of some old men who knew their behavior towards their subordinates would get them in trouble if they held Thomas accountable for his deplorable behavior towards Anita Hill. Since confirmation, Thomas has become more like himself, as the saying goes. In 1991 he was an arrogant, contemptuous middle-aged man who assumed anyone criticizing him or his behavior had a mental deficiency. Ah, but how much he's...
Asyncing feeling
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I spent all day updating my real job's software to .NET 7, and to predominantly asynchronous operation throughout. Now I have four stubbornly failing unit tests that lead me to suspect I got something wrong in the async timing somewhere. It's four out of 507, so most of today's work went fine. Meanwhile, the following stories have backed up: The Economist wonders what our friends should think of the XPOTUS's dog and pony show. Alex Shephard worries that television and cable news just don't have the...
Lunchtime links
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Once again, I have too much to read: After Florida governor Ron DeSantis (R) tried to end Disney's control over the municipal area around Disneyworld, the outgoing board added a series of restrictive covenants completely neutering DeSantis' hand-picked replacements, including a rule-against-perpetuities clause tying the covenants to the last living descendant of King Charles III. Robert Wright observed ChatGPT expressing cognitive empathy. An anonymous source provided a German reporter with 5,000 pages...
Sprint 80
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At my day job, we just ended our 80th sprint on the project, with a lot of small but useful features that will make our side of the app easier to maintain. I like productive days like this. I even voted! And now I will rest on my laurels for a bit and read these stories: If you don't worry that the entire US Supreme Court has the technical expertise of your 99-year-old great uncle, perhaps you should? Treasury Secretary Janet Yellen explains how giving economic aid to Ukraine benefits the West. In part...
Friday night I crashed your party
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Just a pre-weekend rundown of stuff you might want to read: The US Supreme Court's investigation into the leak of Justice Samuel Alito's (R) Dobbs opinion failed to identify Ginny Thomas as the source. Since the Marshal of the Court only investigated employees, and not the Justices themselves, one somehow does not feel that the matter is settled. Paul Krugman advises sane people not to give in to threats about the debt ceiling. I would like to see the President just ignore it on the grounds that Article...
Making progress at work, slacking on the blog
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Clearly, I have to get my priorities in order. I've spent the afternoon in the zone with my real job, so I have neglected to real all of this: Lawyers who don't subscribe to the radical right-wing theory of constitutional originalism shouldn't argue it to the Supreme Court. If Republican US Senate candidate Herschel Walker really got into law school, I'll eat my own JD diploma. British architecture protects against cold, damp weather, but not the heat that global warming will bring to the island. I have...
Probably the last warm day of the year
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Cassie and I took a 33-minute walk at lunchtime and we'll take another half-hour or so before dinner as the temperature grazes 14°C this afternoon. Tomorrow and each day following will cool off a bit until Wednesday, the first official day of winter, which will return to normal. Meanwhile... As every lawyer who paid attention predicted, Justice Clarence Thomas's (R) opinion in New York State Rifle and Pistol Association v Bruen last summer articulated a Republican policy platform while providing...
Lunch reading
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I'm starting to adapt my habits and patterns to the new place. I haven't figured out where to put everything yet, especially in my kitchen, but I'll live with the first draft for a few weeks before moving things around. I'm also back at work in my new office loft, which is measurably quieter than the previous location—except when the Metra comes by, but that just takes a couple of seconds. I actually have the mental space to resume my normal diet of reading. If only I had the time. Nevertheless: Texas...
The Tweet I highlighted earlier has this context behind it: Justice Ketanji Brown Jackson turned the favored tactic of her right-wing peers on its head Tuesday, advancing an originalist argument to support protections for racial minorities. She made the comments during oral arguments in Merrill v. Milligan, a case that gives the conservative majority the opportunity to gut the Voting Rights Act even further. She read out a quote from the legislator who introduced the [14th] amendment, and went on to...
Chef's kiss: This hit me hard because... that is exactly what conservatives are arguing for with a straight face. https://t.co/NTeoOSwyEu — Elie Mystal (@ElieNYC) October 3, 2022 In case it doesn't show up, here's the Tweet she's replying to: Although the Founders would not have allowed someone who looks like Ketanji Brown Jackson to serve on the Supreme Court, here’s why their view on things should still guide every decision she makes. — New York Times Pitchbot (@DougJBalloon) October 3, 2022 That...
The last post of the summer
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Meteorological summer ends in just a few hours here in Chicago. Pity; it's been a decent one (for us; not so much for the Western US). I have a couple of things to read this afternoon while waiting for endless test sessions to complete on my work laptop: Former Soviet Union president Mikhail Gorbachev died at 91. Julia Ioffe looks at Ukraine's risky counter-offensive—that might just work. Washington Post columnist David Von Drehle, who has covered the XPOTUS since the 2016 campaign, wonders if the...
Wait, Monday is August?
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Somehow we got to the end of July, though I could swear March happened 30 seconds ago. If only I were right, these things would be four months in my future: We all knew Justice Samuel Alito (R) is an arrogant prick, and now the rest of the world knows as well. The Post sums up what the Schumer-Manchin climate bill will actually do. (Yay! A substance story from the paper that only seems to write about process!) The block of Lexington Avenue at 59th Street in New York looks just like it did in April 2020....
Writing in The New Yorker last week, Corey Robin argues that the violent and authoritarian world-view of Justice Thomas (R) has much more internal consistency than we on the left usually ascribe to it, but that doesn't make it better: Thomas’s argument against substantive due process is more than doctrinal. It’s political. In a speech before the Federalist Society and the Manhattan Institute which he gave in his second year on the Court, Thomas linked a broad reading of the due-process clause, with its...
Josh Marshall shares a couple of emails from attorneys dismayed by the politicization of the right-wing Supreme Court majority. One of them gets to the root of the problem: I don’t believe laypeople really understand what a a heavy, heavy emotional lift it is for the vast majority of attorneys generally, and law professors in particular. The belief that we are serving rule of law and that that while decisions will always be shaped by human weakness, judges can and will render rulings contrary to their...
A "well-regulated militia, being necessary for the security of a free State" just killed 5 people (update: now 6 confirmed dead) for no discernable reason in Highland Park, Ill., the next town over from the village I grew up in. I should note that Highland Park has one of the earliest and strictest gun prohibitions on record in the Chicago area, but cannot enforce these restrictions because a trade association bent on enriching its member manufacturers and retailers has convinced people living in rural...
The illegitimacy of the Supreme Court
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Some fun facts about the Justices of the United States: Five were appointed by presidents who took office despite losing the popular vote. All 5 voted to overturn Roe. Three of the Republicans on the Court—the Chief Justice, Kavanaugh, and Coney Barrett—worked for President George W Bush's Florida recount team. The 52 senators who voted in favor of Justice Kavanaugh's (R) confirmation represent 145.9 million Americans. The 48 senators who voted against him represent 180.7 million. The 50 senators who...
As everyone expected, the Supreme Court today overturned Roe v Wade, ending Federal protections for abortion rights until we find a political fix to the reactionary Court supermajority. (We will; it'll just take time.) I haven't read the published opinion, which 4 of the partisan Justices joined. Chief Justice Roberts (I) wrote his own concurrence accepting the outcome in this specific case but rejecting the broader reversal. At first glance, Justice Alito's (R) opinion seems close enough to the draft...
Thursday afternoon round-up
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A lot has happened in the past day or so: The Supreme Court ruled 6-3 down partisan lines that everyone can carry a gun anywhere they want to, because they had guns in 1791 and so we have to live by 230-year-old rules. (Fun fact: a well-trained militiaman in 1791 could fire four aimed musket shots in a minute! Another fun fact: in 1791, bullets didn't yet exist!) That will surely comfort the parents of Uvalde, Texas, about as much as the news that the school police chief finally got suspended in light...
Hottest day in 10 years–almost
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Chicago's official temperature last hit 38°C (100°F) on 6 July 2022, almost 10 years ago. As of 4pm O'Hare reported steady at 37°C (98°F) with the likelihood of breaking the record diminishing by the minute. At Inner Drive Technology World Headquarters, we have 37.2°C, still climbing, but leveling off. In other hotness around the world: The Texas Republican Party published their new platform this week in a bold bid to return to the 19th Century, including seceding from the United States. Dana Milibank...
Main battle concluded; mop-up skirmishes continue
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A little more than four days after I first noticed Covid-19 symptoms, my body appears to have won the war, with my immune system putting down a few rear-guard actions in my lungs and sinuses quite handily. If I wake up tomorrow without residual coughing or sneezing, I'll be able to partially resume normal life, albeit masked. Good thing Cassie has a few weeks worth of food on hand. In sum, I should be perfectly healthy to deal with the two crises sure to blow up next week: the final Supreme Court...
Day 2 of isolation
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Even though I feel like I have a moderate cold (stuffy, sneezy, and an occasional cough), I recognize that Covid-19 poses a real danger to people who haven't gotten vaccinations or who have other comorbidities. So I'm staying home today except to walk Cassie. It's 18°C and perfectly sunny, so Cassie might get a lot of walks. Meanwhile, I have a couple of things to occupy my time: Arthur Rizer draws a straight line from the militarization of police to them becoming "LARPing half-trained, half-formed kids...
Friday afternoon reading
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Yesterday I had a full work day plus a three-hour rehearsal for our performance of Stacy Garrop's Terra Nostra on Monday night. (Tickets still available!) Also, yesterday, the House began its public hearings about the failed insurrection on 6 January 2021. Also, yesterday was Thursday, and I could never get the hang of Thursdays. Walter Shapiro believes the January 6th committee might "have the goods." Slate's Dan Kois describes the efforts of L.A.'s Crosswalk Collective and the UK's Tyre Extinguishers...
My houseguest has departed
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After four nights, five puddles, four solid gifts, and so much barking that the neighbors down the block left a note on my door, Sophie finally went home this afternoon. I also worked until 11:30 last night, but that had nothing to do with her. It did cause a backup in my reading, though: Reports out of the Supreme Court say the Justices have gotten testy with each other after last month's leak of Samuel Alito's (R) draft opinion allowing states to kill pregnant women with impunity. This has...
The Supreme Court began its early-summer ruling season a bit early this year, starting with an opinion from Justice Thomas (R) that will make it easier for the state to kill innocent people: [The] opinion claimed that a law restricting the power of federal courts to toss out convictions in state courts prevents Jones from seeking relief. But Thomas’s reading of this law is novel — his opinion had to gut two fairly recent Supreme Court decisions to deny relief to Jones. Before Monday, the Supreme Court’s...
Spring, Summer, Spring, Summer, who knows
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This week's temperatures tell a story of incoherence and frustration: Monday, 26°C; Tuesday, 16°C; yesterday, 14°C; today (so far), 27°C. And this is after a record high of 33°C just a week ago—and a low just above 10°C Tuesday morning. So while I'm wearing out the tracks on my window sashes, I'll have these items to read while my house either cools down or warms up: A Colorado Republican wants to create an "electoral college" for the state that would give one vote to each county to elect the state...
Margaret Atwood on the Alito draft opinion
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Canadian author Margaret Atwood wrote The Handmaid's Tale in the 1980s, when the establishment of a theocracy in 21st-century Massachusetts seemed like science fiction. Today, she worries she might only have gotten the location wrong: Although I eventually completed this novel and called it The Handmaid’s Tale, I stopped writing it several times, because I considered it too far-fetched. Silly me. Theocratic dictatorships do not lie only in the distant past: There are a number of them on the planet...
Just one or two stories today
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Sheesh: Eriq Gardener provides four reasons not to think a Supreme Court insider leaked Justice Alito's (R) draft opinion. NPR reports that Justice Thomas (R) of all people complained about people losing respect for the Court. Alex Shephard agrees with me that the GOP caught the car with the Alito leak, but that won't stop them from threatening every other privacy-based right Americans have. Military analyst Mick Ryan examines where the Ukrainian army might engage the Russians next, and how they have...
Monday morning round-up
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According to my Garmin, I got almost 18 hours of sleep the past two nights, but also according to my Garmin (and my groggy head), few of those hours made a difference. I take some of the blame for that, but on the other hand, someday I want to stay in a hotel room where I can control when the air conditioner turns on and off. Anyway, while I slept fitfully, these stories passed through my inbox: EJ Dionne reminds us that the current Supreme Court has decided many more anti-democratic cases than just the...
Who took a leak on the Supreme Court?
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South Texas College of Law Houston Law Professor Josh Blackman sketches out a timeline pointing to a right-wing Justice's clerk as the likely source of the Dobbs leak: First, where did the leak come from? Most people are presuming this leak came from someone with access to the opinion, such as a Justice or a clerk. That presumption is probably correct, but it is also possible there was some illegal exfiltration of the document. ... People who are fanatical about abortion may go to great lengths to...
More Dobbs reactions
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A day and a half after the unprecedented leak of Justice Alito's (R) draft opinion in Dobbs v Jackson, everyone and her dog has a reaction piece: David Von Drehle in the Post warns that Alito's arguments in Dobbs, if accepted as the final majority opinion, would imperil many other rights based on privacy law: "[S]hould Alito’s draft opinion be affirmed by the court’s majority, there will be little to prevent states from enacting limits [on contraception] if they wish. Women will have only as much...
The US Senate did something pretty cool yesterday: The Senate on Thursday confirmed Judge Ketanji Brown Jackson to the Supreme Court, making her the first Black woman to be elevated to the pinnacle of the judicial branch in what her supporters hailed as a needed step toward bringing new diversity and life experience to the court. Overcoming a concerted effort by Republicans to sully her record and derail her nomination, Judge Jackson was confirmed on a 53-to-47 vote, with three Republicans joining all...
As I did in 2020, this year I live-posted SOTU on Facebook. Here are my posts, in the order I made them: OK, here we go with the SOTU. Last time (2020) I needed two martinis and watched with the sound off. This time, I see no need for alcohol and I'm happy to listen. What changed, I wonder? Ukrainian ambassador gets an extended standing ovation from the entire government of the United States. She might prefer fighter jets and ammunition, but it was a nice gesture We're putting troops along the Russian...
Still the top news story
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My friend in Kyiv posted on Facebook an hour ago about how many parking spaces are available in her neighborhood. She also couldn't figure out for a few seconds why there was a pillow in her bathtub this morning. So things could be better over there. How much better could it be? Putin's tactics and propaganda bring to mind another European leader from the 1930s. And like that historical figure, Putin has lost the war by starting it. Russian forces took Chernobyl (yes, that Chernobyl) simply because they...
Earth to Warren...come in, Warren...
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One hundred years ago today, President Warren Harding installed a "Radio Phone" in his White House office. As the Tribune reported, "Navy radio experts commenced work to-day installing the latest scientific means of communication." Flash forward to now: Margaret Talbot argues that Justice Amy Coney Barrett, whom nobody ever elected to public office, is playing a long game to bring her right-wing Catholic ideology into the mainstream—or, at least, to enshrine it in the law. Times columnist Margaret...
This is welcome news: Justice Stephen Breyer will step down from the Supreme Court at the end of the current term, according to people familiar with his thinking. Breyer is one of the three remaining liberal justices, and his decision to retire after more than 27 years on the court allows President Joe Biden to appoint a successor who could serve for several decades and, in the short term, maintain the current 6-3 split between conservative and liberal justices. At 83, Breyer is the court's oldest...
Monday, Monday
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The snow has finally stopped for, we think, a couple of days, and the city has cleared most of the streets already. (Thank you, Mike Bilandic.) What else happened today? The James Webb Space Telescope reached Lagrange-2 this afternoon, and will now settle into a "halo orbit" that will hold it about 1.46 million km from Earth. (It's still traveling at 200 m/s, which gets you from Madison to Peterson in about a minute.) Lord Agnew (Con.), the minister responsible for policing Covid fraud in the UK...
UC Berkeley Law School dean Erwin Cemerinsky and UTA Law & Government professor Jeffrey Abramson try to keep a stiff upper lip when teaching in the shadow of the most partisan Supreme Court in a century: For the first time in American history, the ideology of the justices precisely corresponds to the political party of the president who appointed them. All six conservatives were appointed by Republican presidents and all three liberals were appointed by Democratic presidents. If students are to one day...
Evening reading
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Messages for you, sir: As of yesterday, officially 800,000 Americans have died of Covid-19. Two members of the president's bi-partisan commission looking at ways to fix the Supreme Court say we shouldn't fix it because "Federal judges aren't politicians." Ah, ha ha, how droll. Those non-politicians comprising the Republican wing of the Federal judiciary are helping nudge the country to civil war, according to Charles Blow. Why isn't the media covering the war on democracy like an actual war? asks Mother...
Just two of note. First, on this day 21 years ago, Al Gore conceded the 2000 election to George W Bush. Good thing that made almost no difference at all in world events. Another anniversary is the one that happens every January 1st to works of art created a certain point in the past. A whole bunch of books, films, and musical compositions pass into the public domain as their copyrights expire, including: The Sun Also Rises and Winnie-the-Pooh, both published in 1926; The works of Louis Armstrong and Jim...
Tragedy and farce
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We're all set to perform Handel's Messiah tomorrow and Sunday, which got noticed by both the local news service and local TV station. Otherwise, the week just keeps getting odder: Monkees singer-songwriter Michael Nesmith died today at 78. Consumer prices rose at an annualized rate of 6.8% in November, the highest rate in 39 years. Catherine Rampell wonders who would ever design a political system like ours. Kate Riga explains the dog-whistle Justice Amy Coney Barrett (R) used in last week's oral...
Cassie is bored
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The temperature bottomed out last night just under -10°C, colder than any night since I adopted Cassie. (We last got that cold on February 20th.) Even now the temperature has just gone above -6°C. Though she has two fur coats on all the time, I still think keeping her outside longer than about 20 minutes would cause her some discomfort. Add that it's Messiah week and I barely have enough free time to give her a full hour of walks today. Meanwhile, life goes on, even if I can only get the gist of it...
Spicy poké
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I swear, the local poké place used three shots of chili oil instead of one today. Whew. (Not that I'm complaining, of course.) While my mouth slowly incinerates, I'm reading these: University of Baltimore School of Law professor Kimberly Wehle warns that the legal theories the Republicans on the Supreme Court suggested this week could roll back a lot more than just abortion rights. Also in The Atlantic, actor Joshua Malina wonders why anyone would hire raging anti-Semite Mel Gibson. Daniel Strauss asks...
Thursday afternoon miscellany
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First, continuing the thread from this morning, (Republican) columnist Jennifer Rubin neatly sums up how the Republican justices on the Supreme Court seem poised to undo Republican Party gains by over-reaching: We are, in short, on the verge of a constitutional and political tsunami. What was settled, predictable law on which millions of people relied will likely be tossed aside. The blowback likely will be ferocious. It may not be what Republicans intended. But it is coming. Next up, Washington Post...
Even though the Court probably won't release its ruling in the Mississippi anti-abortion bill until June, just about everyone has the same understanding about how it will turn out. No one seems to believe abortion will remain legal in much of the US beyond the end of this term. My guess: Justice Amy Coney Barrett (R) writing the opinion for a 5-4 Court with an unusual number of concurrences and dissents. If the Court overturns or significantly curtails Roe v Wade, it will be one of the rare times that...
Case 19-1392, Dobbs v Jackson Women's Health Organization
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This is worth an hour of your time:
Lunchtime links
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We've just completed Sprint 50 at my day job, which included upgrading our codebase to .NET 6 and adding a much-desired feature to our administration tools. Plus, we wrote code to analyze 500,000 emails from a public dataset for stress testing one of our product's features. Not bad for a six-day sprint. The sun is out, and while I don't hear a lot of birds singing, I do see a lot of squirrels gathering walnuts from the tree across the street. It's also an unseasonably warm 7°C at Inner Drive Technology...
End of a busy day
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Some of these will actually have to wait until tomorrow morning: Adam Serwer thanks Justice Samuel Alito (R) for confirming Serwer's complaints about the Court. A trove of XPOTUS-branded gifts meant for foreign heads of state representing "significant" monetary value disappeared at some point. Can't imagine how. The BBC Reality Check column suggests that reports in some journals about Invermectin may have painted an incomplete picture, putting it mildly. Cranky Flier explains that Southwest Airlines'...
First Monday of October
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The United States Supreme Court began their term earlier today, in person for the first time since March 2020. Justice Brett Kavanagh (R) did not attend owing to his positive Covid-19 test last week. In other news: The Post, Guardian, and other news outlets have released their stories on the largest document dump ever, which purports to show how the ultra-rich avoid taxation by stashing their money overseas. Indians taking a highly-competitive test to become teachers in the state of Rajasthan paid...
Sure Happy It's Tuesday
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Actually, I'm ecstatic that a cold front blew in off the lake yesterday afternoon, dropping the temperature from 30°C to 20°C in about two hours. We went from teh warmest September 27th in 34 years to...autumn. Finally, some decent sleepin' weather! Meanwhile: The former head of the Chicago chapter of the Fraternal Order of Police, a vocal anti-vaxxer, has wound up in the ICU with Covid. (This is the current union leader, who has been suspended without pay for insubordination.) Murders in the entire US...
Matt Ford points out the surreality of Justice Amy Coney Barrett's appearance at an event with Senate Minority Leader Mitch McConnell (R-KY) over the weekend: If you were a parodist for The Onion, “Justice Amy Coney Barrett Insists Supreme Court Isn’t Partisan at McConnell Center Event” probably wouldn’t even get you a courtesy chuckle from your co-workers at a pitch meeting. Reality, however, clearly has a more surreal sense of humor than any mortal can muster, because this incredible moment of irony...
Another birthday, another long walk
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Just as I did a year ago, I'm planning to walk up to Lake Bluff today, and once again the weather has cooperated. I'll take cloudy skies and 25°C for a 43-kilometer hike. (I would prefer 20°C and cloudy, but I'll take 25°C anyway.) As I enjoy my breakfast in my sunny, airy office right now, mentally preparing for a (literal) marathon hike, life feels good. Well, until I read these things: Michael Tomasky thinks "it's time to mess with Texas." Josh Marshall flatly calls the five Republican justices...
Religious extremists, emboldened by lucky tactical and political successes over the past few years despite declining popular support, today won a major victory in their campaign to return women to a state of subjugation that they had only recently escaped. Supporters and allies of the religious leaders imposing the harsh new laws against women celebrated, driving around in pickup trucks while displaying traditional symbols of oppression. Afghanistan? Iran? Saudi Arabia? Nope. Texas: [T]he Supreme Court...
Happy birthday, Gene
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Eugene Wesley Roddenberry would have been 100 years old today. Star Trek and NASA have a livestream today to celebrate. In other news: Guardian UK Washington correspondent David Smith highlights White House Press Secretary Jen Psaki's ability to expertly destroy Fox News reporter Peter Doocy. T-Mobile has suffered its sixth known data disclosure attack in four years, this time losing control over as many as 40 million customer records. New Republic's Scott Stern profiles former Monsanto lawyer Clarence...
Partisan court takes another swipe at the Voting Rights Act
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The two most recent US Supreme Court appointees may have agreed with the moderate justices on a couple of issues this term, but as the last opinions come out this morning, they have reminded us that the Republican Party's anti-democratic policies remain their top priorities. Despite no evidence of retail election fraud, in 2016 Arizona's Republican majority enacted a law making it a crime to collect ballots from voters. Many voters in Arizona and elsewhere have difficulty making it to the polls, and in...
"F*** school, f*** softball, f*** cheer, f*** everything" wins with SCOTUS
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Brandi Levy, a 19-year-old student from Pennsylvania, won her appeal to the US Supreme Court after being suspended from cheerleading for a year after Snapchatting the above sentiment: She sent the message on a Saturday from the Cocoa Hut, a convenience store popular with teenagers. Though Snapchat messages are meant to vanish not long after they are sent, another student took a screenshot and showed it to her mother, a coach. The school suspended Ms. Levy from cheerleading for a year, saying the...
Relaxing weekend
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Cassie and I headed up to Tyranena Brewing in Lake Mills, Wis., yesterday to hang out with family. Today, other than a trip to the grocery and adjacent pet store where Cassie picked out an "indestructible" toy that now lies in tatters on the couch, we've had a pretty relaxing Sunday. I thought I'd take a break from Hard Times to queue up some stuff to read tomorrow at lunch: Joni Mitchell and friends discuss her album Blue, which came out 50 years ago this week. National Geographic investigated a...
So, nu, how's by you?
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After taking Cassie on a 45-minute walk before the heat hits us, I've spent the morning debugging, watching these news stories pile up for lunchtime reading: The US Supreme Court once again upheld Obamacare, with only Alito and Gorsuch dissenting. The Illinois legislature passed a common-sense gun control law, supported by the State Police, that largely brings us back in line with the rules we had in the 1990s. Illinois Deputy Governor Dan Hynes has resigned (ahem) ahead of the 2022 election. The BBC...
Because conservatives love states' rights
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SDCA Senior Judge Roger Benitez, a George W Bush appointee, has ruled that California's assault-weapons ban violates the 2nd Amendment: The state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court, the judge wrote. Judge Roger T. Benitez, who has favored pro-gun groups in past rulings, described the AR-15 rifle, used in many of the nation's deadliest mass shootings, as an ideal weapon....
One week to go
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The first polls close in the US next Tuesday in Indiana at 6 pm EST (5 pm Chicago time, 22:00 UTC) and the last ones in Hawaii and Alaska at 7pm HST and 8pm AKST respectively (11 pm in Chicago, 05:00 UTC). You can count on all your pocket change that I'll be live-blogging for most of that time. I do plan actually to sleep next Tuesday, so I can't guarantee we'll know anything for certain before I pass out, but I'll give it the college try. Meanwhile: The US Senate confirmed Amy Coney Barrett to the...
The view from a rural county in Ohio
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Science-fiction author John Scalzi (Red Shirts, Old Man's War) lives in Darke County, Ohio, population 52,000, 97% of them white. He does not exactly fit in with his neighbors politically, as he describes: Four years ago in Bradford, the town where I live, there were Trump street signs, like the one in the picture above. Here in 2020, there are multiple signs per yard, and banners, and flags, not just with Trump’s name on them, but of him standing on a moving tank whilst screaming eagles fly alongside...
Lunchtime incompetence, history, and whisky
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Someday, historians may discover what former Wisconsin governor Scott Walker—I don't have to remind you, a Republican—got in exchange for the ridiculous deal his administration made with FoxConn. After the Taiwan-based company created only a tiny fraction of the jobs it promised in exchange for billions in tax credits, the Wisconsin Economic Development Corporation has finally told them, no, you don't get all that money for nothing. In other news: Republican Jennifer Rubin excoriates the president...
What the Barrett nomination is really about
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The Senate Republicans will force through Amy Coney Barrett's confirmation to the Supreme Court before the end of December, and there's nothing the Democratic Party can do to stop it. OK. They win this round. But by the end of the next Congress, we can win the war. Forget about Roe v Wade; if the Supreme Court overturns it, we can fix abortion rights with legislation. And forget about gay marriage; same deal. In fact, after the Democratic Party takes control of the legislature and executive in January...
Evening news stories
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A cold front pushed its way through Chicago this afternoon, making it feel much more like autumn than we've experienced so far. And it got pretty chilly in Washington, where Senate Republicans began the first day of hearings into the nomination of Amy Coney Barrett for the Supreme Court: Matt Ford says Barrett's nomination is "the culmination of [the right-wing Federalist Society] movement’s work—and perhaps its high-water mark as well." Aaron Blake calls the Republican Party's gamesmanship over the...
The Missouri Compromise and the 2020 election
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Jamelle Bouie thinks 1820 offers a better view of today's politics than 1850 or 1968: There is no one-to-one comparison from the past to current events; there never is. But drawing on the Missouri controversy, I do have an observation to make about our present situation. Once again, under the guise of ordinary political conflict, Americans are fighting a meta-legal battle over the meaning of both the Union and the Constitution. A fight over the fate of the Supreme Court is weighty enough, but beneath...
In an interview yesterday, the president refused to say that he would allow a peaceful transfer of power if he lost the election. Understandably, people are upset that a sitting president would hint at doing anything else. But as Josh Marshall points out, this guy lies more easily than most people breathe, so maybe we don't need to freak out as much as we are: No one needs to tell us these threats and bogus claims are wrong. But it is still necessary to step back and realize that there’s no chaos. We...
The GOP panic to fill the late Justice Ruth Bader Ginsburg's seat makes three things absolutely clear: first, they expect to lose bigly in six weeks; second, they realize they're against public opinion; and third, they realize that public opinion is continuing to turn against them. In short, this is quite literally their last chance to get a SCOTUS seat for a generation. You know what? Everyone else is sick of their bullshit. We're going to win both houses and the presidency, and then we're going to...
The official death toll in the US for Covid-19 has passed a milestone Deborah Birx predicted back in March: In the predawn hours of March 30, Dr. Deborah Birx stepped in front of the camera on the White House lawn and made an alarming prediction about the coronavirus, which had, by then, killed fewer than 3,000 people in the United States. "If we do things together, well, almost perfectly, we can get in the range of 100,000 to 200,000 fatalities," Birx, coordinator of the White House coronavirus task...
Actions must have consequences
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Yesterday evening I wrote that the only appropriate response to the Republican Senate putting another Federalist Society pretty boy on the Supreme Court (or, really, anyone other than Merrick Garland) would be to revisit 28 USC §1, i.e., passing a simple statute to increase the size of the court and thereby dilute its right-wing majority. This was also Josh Marshall's first thought: We are here because of the Republican party’s increasing unwillingness to accept limits on political action. To up the...
Ruth Bader Ginsburg, 1933-2020
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The Notorious RBG died at her home earlier today: The cause was complications of metastatic pancreatic cancer, the Supreme Court said. Justice Ginsburg’s pointed and powerful dissenting opinions, usually speaking for all four, attracted growing attention as the court turned further to the right. A law student, Shana Knizhnik, anointed her the Notorious R.B.G., a play on the name of the Notorious B.I.G., a famous rapper who was Brooklyn-born, like the justice. Soon the name, and Justice Ginsburg’s image...
No debates unless...
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Tom Friedman gives Joe Biden some good advice: First, Biden should declare that he will take part in a debate only if Trump releases his tax returns for 2016 through 2018. Biden has already done so, and they are on his website. Trump must, too. No more gifting Trump something he can attack while hiding his own questionable finances. And second, Biden should insist that a real-time fact-checking team approved by both candidates be hired by the nonpartisan Commission on Presidential Debates — and that 10...
The US Supreme Court handed down a pair of 7-2 decisions this morning about who can see the president's financial records, both written by Chief Justice John Roberts, and both dissented by Associate Justices Clarence Thomas and Samuel Alito. In the first, Trump v Vance, private citizen Donald Trump appealed a decision of the 2nd Circuit Court of Appeals upholding a district court order to Trump's accountants to hand over documents to a grand jury empaneled by New York City District Attorny Cyrus Vance...
Happy Monday!
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Need another reason to vote for Biden? Slower news cycles. Because just this morning we've had these: After 127 years, Mississippi finally voted to remove the Confederate Battle Flag from its state flag. Cities across the country—including Columbus, Ohio—are removing statues of Columbus. The Supreme Court today announced that decisions it made only four years ago should stand, and that the president can fire the head of the Consumer Financial Protection Board. SARS-Cov-2 mutated in March to become more...
President Trump predictably went off the rails (which makes a big assumption about his relationship to said rails in the first place) after this morning's 5-4 Supreme Court decision essentially telling him he screwed up trying to screw over the Dreamers: The vote was 5-4 with Chief Justice John Roberts casting the decisive fifth vote that sought to bridge the liberal and conservative wings of the court. Roberts and the court's four liberal justices said the Department of Homeland Security's decision to...
Wednesday, 74 March 2020
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Just when you thought the Republican Party couldn't become more anti-science and pro-profit (at the expense of workers), the Wisconsin Supreme Court just struck down Wisconsin's stay-at-home order on a 4-3 party-line vote. If only that were all: Jennifer Rubin points out that "Trump's abject hypocrisy shows us where he's failed." Not only has Trump "lost the plot," he "has no plan," according to two articles this week in The Atlantic. How is this news cycle different from all other news cycles? The US...
Dana Milbank puts a hunk of the blame for the impeachment trial on the Chief Justice of the United States himself: Roberts’s captivity is entirely fitting: He is forced to witness, with his own eyes, the mess he and his colleagues on the Supreme Court have made of the U.S. political system. As representatives of all three branches of government attend this unhappy family reunion, the living consequences of the Roberts Court’s decisions, and their corrosive effect on democracy, are plain to see. Ten...
First, former New York mayor Rudy Giuliani, who appears entirely too deeply integrated in the President's impeachable offenses to get out without an indictment, and who also owns what he calls a "security consulting service," butt-dialed an NBC reporter. Twice. And the resulting voicemails were...interesting. Second, how exactly did Justice Brett Kavanaugh pay for his house in 2006? He seems to have gotten almost $250,000 from some undisclosed source. Finally, the City of Chicago will raise taxes on...
Welcome to the Fourth Quarter
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October began today for some of the world, but here in Chicago the 29°C weather (at Midway and downtwon; it's 23°C at O'Hare) would be more appropriate for July. October should start tomorrow for us, according to forecasts. This week has a lot going on: rehearsal yesterday for Apollo's support of Chicago Opera Theater in their upcoming performances of Everest and Aleko; rehearsal tonight for our collaboration Saturday with the Champaign-Urbana Symphony of Carmina Burana; and, right, a full-time job....
After a farcical background check of now-Justice Brett Kavanaugh, should it surprise anyone that new allegations of misconduct have come out? Not to Jennifer Rubin: In September 2018, I warned about the abbreviated FBI investigation into allegations that Brett M. Kavanaugh engaged in sexually aggressive behavior: “If Democrats retake one or both houses in November, they will be able to investigate, subpoena witnesses and conduct their own inquiry. The result will be a cloud over the Supreme Court and...
Not enough time on my hands
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I thought the weekend of Canada Day and the weekend before Independence Day wouldn't have much a lot of news. I was wrong: Ontario Premier Doug Ford (the brother of Rob Ford) cancelled Canada Day celebrations in Toronto*. (Imagine the Governor of Virginia or the Mayor of DC canceling the 4th of July and you've about got it.) Fortunately for the city, the Ontario legislature reinstated them. You know how I write about how urban planning can make people happier, healthier, and friendlier? Yah, this city...
It turns out, I wasn't the only one to have a strong reaction to Rucho v Common Cause. We start with Justice Elena Kagan (citations removed): The majority disputes none of what I have said (or will say) about how gerrymanders undermine democracy. Indeed, the majority concedes (really, how could it not?) that gerrymandering is “incompatible with democratic principles.” And therefore what? That recognition would seem to demand a response. The majority offers two ideas that might qualify as such. One is...
Remember when US Senator Mitch McConnell blocked the confirmation of Merrick Garland to the US Supreme Court because he could? And when I and lots of others warned that the election of 2016 would have far-reaching consequences? Good morning, it's the last day of the Supreme Court's term, and they are publishing their far-reaching consequences to the world. In a decision that surprised no one but saddened a lot of people who believe the Court has drifted into naked partisanship, the five...
Former Associate Justice John Paul Stevens believes District of Columbia v Heller was "unquestionably the most clearly incorrect decision that the Supreme Court announced during [his] tenure on the bench:" The text of the Second Amendment unambiguously explains its purpose: “A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” When it was adopted, the country was concerned that the power of Congress to disarm...
The US Supreme Court ruled today that the 8th Amendment rule against "excessive fines" applies to the states as well as to the Federal Government: The decision is a victory for an Indiana man whose luxury SUV was seized after he pleaded guilty to selling heroin. It is also a blow to state and local governments, for whom fines and forfeitures have become an important source of funds. In an opinion by Justice Ruth Bader Ginsburg, the court seemed to regard the basic question before it as an easy one. The...
If Brett Kavanaugh is confirmed, it will be only the second time in U.S. history that an Associate Justice nominated by a president who lost the popular vote will be confirmed by senators representing less than a majority of the country's population: Let’s walk through it. Obviously, Trump got almost 3 million fewer votes than Hillary Clinton in the 2016 election. Clinton got about 48 percent of the votes cast for president. Trump got about 46 percent. Kavanaugh will join the Supreme Court despite...
It seems timely for me to dredge up this PSA I did for Hofstra Television in October 1991: On later viewing, though, it seems to me like we still had trouble seeing that date rape was exponentially more common than random street rape. That said, I was pretty proud that HTV broadcast the video, from a script that we used in crisis hotline training. Cast: Heather Maidat (Hofstra '94). Director: Sean Pearson (Hofstra '92).
The American Bar Association had concerns about Brett Kavanaugh 12 years ago: Democrats for three years had been blocking President George W. Bush’s 2003 nomination of Kavanaugh to the U.S. Court of Appeals for the D.C. Circuit. They argued he was biased, as shown by his work as a lawyer for Bush’s presidential campaign, for an independent counsel’s investigation into President Bill Clinton and for other conservative causes. Republicans kept pushing to make Kavanaugh a judge on the powerful appeals...
Brett Kavanaugh's hearing yesterday dominated the news. Here are some reactions: My favorite: Alexandra Petri demanding HOW DARE YOU DO THIS TO BRETT KAVANAUGH. My least favorite: Mona Charen correctly identifying it as a show trial but incorrectly identifying the aggrieved party. Sarah Holder makes the case for a local investigation of Kavanaugh's conduct. Emma Green found herself baffled by Rachel Mitchell's questions. Andrew Sullivan notes that everyone lost yesterday. Aaron Blake says the GOP's...
Republican David Brock, who worked with Judge Brett Kavanaugh on the Clinton impeachment, urges the Senate to vote "No" on Kavanaugh's nomination: Twenty years ago, when I was a conservative movement stalwart, I got to know Brett Kavanaugh both professionally and personally. A detailed analysis of Kavanaugh's own notes from the Starr Investigation reveals he was cherry-picking random bits of information from the Starr investigation — as well as the multiple previous investigations — attempting vainly to...
Writing in Forbes, psychologist Todd Essig says it's perfectly plausible that Brett Kavanaugh has no recollection of what to Christine Blasey Ford was a life-changing event: It is distinctly possible that his lack of memory is not because it never happened but because he really has no recollection of it taking place. He never encoded the event. Therefore, he cannot remember something he never noticed, even though it proved to be life-altering for someone else. As Dr. Richard Friedman wrote this week, an...
The two most prominent Republican women who write for left-leaning major newspapers are not happy with the Brett Kavanaugh saga. First, Michelle Goldberg says the current GOP elite are "pigs all the way down:" Let’s start with Kavanaugh’s high school, Georgetown Prep, also the alma mater of Neil Gorsuch, Trump’s first Supreme Court pick. There’s now a wealth of reporting painting the private school as a bastion of heedless male entitlement. Kavanaugh’s high school friend Mark Judge — who Christine...
Lots of stuff crossed my inbox this morning: Researchers at Northwestern University believe they have evidence of four distinct personality types. Other researchers have found "huge perceptual differences [of Chicago] based on age, education level and especially race and ethnicity." Via Schneier, a look at the effects of publicly shaming companies for bad security. With 50 days to go until the election, James Fallows adds a time capsule about Brett Kavanaugh. Josh Marshall wonders whether Christine Ford...
James Fallows says the Republican effort to put Brett Kavanaugh on the Supreme Court without adequately weighing some key evidence risks a multi-generational error: During his confirmation hearings for the D.C. Circuit Court 12 years ago, Kavanaugh denied under oath that he had participated in certain specified partisan fights. Two senior, hyper-cautious Democratic senators – Patrick Leahy, and Dianne Feinstein – have, along with others, now come out with statements that Kavanaugh was lying under oath...
Josh Marshall says that, despite what will probably come from a hard-right Supreme Court over the next few years, this isn't the end of the left: Elections have consequences. Often they are profound consequences stretching years or decades into the future from their inception point. Trumpism is civic poison. There is a temptation to think that this is another reverse coming after Trump’s election, the U.S. withdrawal from the Paris Climate Accord, the reversal of DACA protections and more. I don’t see...
In a pair of 5-4 decisions today, the Republican Party's theft of Merrick Garland's seat on the Supreme Court paid dividends again. The modern-day Taney court, with the Roberts minority plus Gorsuch voting one way and a majority of the country voting the other, ruled that President Trump's ban on immigration from Muslim countries was constitutional, but found that California's law requiring unlicensed "crisis pregnancy centers" to post a notice that they aren't licensed was not constitutional. Add those...
In yesterday's ruling in Harris v Cooper, the Supreme Court ruled against North Carolina's blatant gerrymandering. The surprising bit is that Justice Clarence Thomas voted in the majority on both issues. New Republic's Scott Lemieux postulates reasons why: In a 2015 case, Thomas provided the fifth vote to an opinion holding that Texas was not required to issue license plates with the Confederate flag as part of its option of personalized license plates. It is not terribly surprising that even a...
Josh Marshall says the filibuster is already dead, so it's the right thing to do for Democrats in the Senate to force the Republicans to take the next step: If Gorsuch will be confirmed one way or another, why go through the nuclear option motions? I would say it's important for this reason. I've heard a number of pundits arguing that the real issue here, or much of the issue, is that Democrats still haven't gotten over the treatment of Judge Garland. That argument is both deeply flawed and entirely...
In the news
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Once again, here's a list of news items I haven't fully digested but want to when I have a few free minutes: The Supreme Court split 4-4 on President Obama's immigration amnesty, which means the lower court decision stands, and 3 million people are now once again at risk of deportation. Oak Brook-based McDonald's is going to be Chicago-based McDonald's in 2018. Crain's thinks bankruptcy might be a good option for the City of Chicago. Meanwhile, the City Council approved new rules for ride-sharing...
Articles to read while waiting for my next online meeting
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Hillary Clinton and Donald Trump won their respective Illinois primary elections yesterday. And in other news: Turns out, a strong social safety net leads to lower mortality, and because poor, mostly-white areas in the U.S. voted theirs down to minuscule levels, poor, white people are not doing well. When you vote against your own party in a hot battle with the opposition governor, and the governor wins that battle, that's a career-limiting move. Illinois representative Ken Dunkin (D-Chicago) got...
When I read this, I couldn't help thinking of this: The silver Swan, who, living, had no Note,When Death approached, unlocked her silent throat.Leaning her breast upon the reedy shore,Thus sang her first and last, and sang no more:"Farewell, all joys! O Death, come close mine eyes! More Geese than Swans now live, more Fools than Wise." In other burials of Caesar, former University of Chicago law students have had some unkind things to say about how Scalia treated minorities: Ben Streeter, now an...
Corporations that have lost major cases at the Circuit Court level are settling rather than try their luck with a post-Scalia Supreme Court: Last week, Dow Chemical made headlines by opting for a $835 million settlement in a class action lawsuit rather than risk having the case heard by a Scalia-less Supreme Court. A lower court had already ruled against the company for allegedly conspiring to fix prices for industrial chemicals, and prior to the settlement, Dow had appealed to the Supreme Court to...
I haven't had a moment to blog this weekend, but wow, what a major political event yesterday. Justice Scalia died suddenly on Saturday, and almost immediately Senate Republicans said they won't allow any nominee from President Obama to come to a vote. As Josh Marshall points out, this had no purpose save one: In a typically insightful Twitter spree last night, David Frum noted that "McConnell’s precipitate statement [that he would refuse to hold a vote on any Obama appointee] is wrong not only on...
Crain's has a good description of why the Court denied certiorari on an assault-weapons case but chose to hear an affirmative-action case this term: The assault-weapons case from Highland Park, Illinois, is a perfect example. The case came to the Supreme Court through the U.S. Court of Appeals for the Seventh Circuit. It raises a substantial and important issue of federal law. That would be enough for justices who think the Illinois law is unconstitutional to grant cert if they really wanted to, as...
Is Scalia a dangerous old man, or just a self-serving bigot?
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That's not exactly the question Richard Posner and Eric Segall raise, but it's not that far off: Justice Scalia ... predicted in his dissent [in Lawrence v. Texas] that the court would eventually rule that the Constitution protects the right to same-sex marriage. This June, Justice Scalia’s prediction came true in Obergefell v. Hodges. He has vented even more than his usual anger over this decision. It has become apparent that his colleagues’ gay rights decisions have driven him to an extreme position...
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