Sunday, November 07, 2021

The Commies Have Been Under The Bed For Half-A-Century!

I am waiting for the pundits to start explaining why “rural” voters support this empty shibboleth to a threat that completely ended during the George H. W. Bush presidency. That and the “Commie” scare in American politics ended with Goldwater’s Presidential campaign in ‘64. (True, the Viet Cong were Commies, but that wasn’t enough to save Johnson’s bacon. Come to think of it, neither were his domestic accomplishments, most of which we can’t imagine being without today. Like PBS and Big Bird. Huh.)

Now Why Are They Attacking Big Bird?

Why indeed? Ooohhh. The time for pointing and laughing is upon us. And for asking: “Just what is the actual speed at which a talking point travels?” So it’s a fight to the death, then? And how is fighting against “woke” not racist?

Our lines are open. Operators are standing by. This is a toll-free call.

Saturday, November 06, 2021

Fuck The 5th Circuit

Seriously. I've had enough. And the government has until Monday at 5 before the Court makes the injunction permanent.  Which at least sweeps it on to the Supremes in record time.  But seriously?  Aw, fuck them. Yeah, and ain't that a fuckin' joke. Choke on it, Alito.

Or The Completely Farcical

I know, I know. I’m just getting it out of my system. I did warn you.

Check The Lead In That Pencil!

If it's not No. 2, it's not to be trusted!  And check the paper for bamboo fibers!!!!!!

Covid Continues To Take Its Toll

Aaron Rodgers can pretty much kiss a lucrative post-football career good-bye. Never tell people you are a “critical thinker.” It’s a sure sign you aren’t. And to infect other people, lie about being vaccinated, cost his team penalties…you know, self-less actions.

Still, that’s not what puts him beyond the pale. This is:
No shit. Don’t do this, indeed.

When Are The Democrats Going To Get Their Shit Together?

The bill now goes to Biden for his signature. Yeah, the Democrats can’t go anywhere but down, now.

Yes, But Does Either One Of Them Have A Mandate?

So many different ways to slice the baloney. Am I the only one here who remembers Will Rogers? "I am not a member of any organized political party. I am a Democrat."

Also Will Rogers:

I guess our country holds the record for dumbness. The Pope spoke to the world this morning in three languages and we didn’t understand a one of ’em. But the minute he finished and the local stations got back to selling corn salve and pyorrhea tooth paste we were right up our intellectual alley again.

This, too:

I hope some of the men who get the most votes will be elected.

Just to put him in context:  Will Rogers died in 1935. It's a wonder the Republic lasted so long after him.

Friday, November 05, 2021

FEAR! FIRE! FOES! AWAKE!!"

Told ya I'd probably be back.
"If this ends up at the Supreme Court, it will be perhaps one of the most monumental decision the court has made," Costa told MSNBC on Friday.

During the Watergate scandal, president Richard Nixon was forced to release audio tapes by Chief Justice Warren Berger, because a crime had taken place — and "no president can have confidentiality when it comes to documents when a crime has taken place," Costa noted.

"That was the threshold for Berger," Costa said. "What's the threshold for this Supreme Court? That's the lingering question."

Costa said justices will have to decide whether they're going to "protect" Trump even though he is no longer in office and an insurrection occurred. If they allow Trump to keep the documents secret, it's possible "we might never have a clear answer" about what happened, especially if Republicans take control of the House in 2022.

"And that's why (Trump adviser Steve) Bannon and so many others, including (former DOJ official Jeffrey) Clark, seem to be in this wait-and-see game — just wait and hope conservative justices on the Supreme Court somehow don't have a Warren Berger moment and prompt Trump (and the release of) these documents, and especially those phone logs from Jan. 5 and 6," Costa said.

"It's almost depressing to hear the echoes of history," host Nicole Wallace responded. "I don't think a lot of people have a lot of hope or confidence that the institutions are in the same condition they were then."

Boy, is he gonna be disappointed.

To begin with, there is nothing stopping the Archives from releasing those documents next Friday (Nov. 12).  That's assuming the trial court doesn't rule in Trump's favor, which is a very safe assumption.  The D.C. Circuit is highly unlikely to issue an emergency injunction (it can't issue a stay if Trump loses, a stay wouldn't do any good.  Absent a court ruling in Trump's favor, the documents go to Congress.) because it's highly unlikely to be persuaded that it must follow the Nixon v. GSA precedent (which Trump's lawyer raised in the hearing).  Because, Robert Costa, the Presidential Records Act of 1978, long after Nixon had to turn over the Watergate tapes, is now the law the Archives is acting under. (No, Costa didn't mention Nixon v. GSA, but that's more on point in this case than the tapes case Costa does refer to.)

So whatever threshold Berger had doesn't apply here.  Change the facts and the law, change the outcome.  Executive privilege is a rather inchoate doctrine, but it's not as inchoate as it was at the time of Nixon v. GSA.  And less so since 1978.

Trump may frantically appeal to the Supremes, but I think they will bat him back down to the D.C. Circuit, and that court won't issue an injunction.  By the time Trump has a interlocutory appeal (appeal of a ruling by the D.C. Court), it'll probably be too late.  Even at the Supreme Court level, he has to show a likelihood to prevail on the merits.  If the hearing in the trial court is any indication, he can't do that.

Yes, the Supremes could issue an injunction anyway.  I just don't see them doing it.  They've taken enough heat lately over their "shadow docket" (Alito was all steamed up about that).  I think they want matters to cool down, and leaving Trump to Congress is probably just fine with them.  They've also taken heat over the Texas abortion law (which they abated slightly by rushing a full court hearing on it) and the Mississippi abortion case looms.  The Court knows it has to draw in its horns.  Trump's executive privilege claims is not a hill they want to die on.

At least, I think that's a more cogent analysis than the one from Costa, who could have been on Trump's legal team in the courtroom yesterday.  He shows as much understanding of the law as Trump's lawyer did.

Hello Goodbye

The moment I write this post and walk away from the computer, I'll be back creating 12 new posts; so I really shouldn't do this.

Anyway....

Autumn and an old man's fancy turns to holidays and what traditions this blog has (few, if any).  Armistice Day is coming (I'm old; I don't like "Veteran's Day."  That's what Memorial Day is for.  We've become far too militaristic since we decided we couldn't be a nation without a standing army.).  Then Totenfest, the Sunday before Thanksgiving this year (Last Sunday of Pentecost, IOW).  Then Thanksgiving, and the Sunday after this year is the First Sunday of Advent.  Always a big deal around here.

So my fancy is turning to other things, and the political whinging about how the Democrats need to be more like the GOP or less "woke" or just more "moderate":
is making me tired. Political post mortems are a dime a dozen, and they all follow a predictable script.  To that point I would recommend Sophia Tesfaye's analysis, something I seldom do. We are plagued by the narratives we keep. Political internet is an outrage machine, primed to anger people and make them click and fume. To that point, I'd send you here. Our problem is also the information we expose ourselves to. The significance of the election in Virginia is all about who won (what? The party not in the White House won the governorship of Virginia? In other news, the sun came up this morning!).  I have, in short, had it with conventional political wisdom.  Well, for a little while.

That MTG thing, for example.  I wouldn't believe that woman if she came into the room soaking wet and told me it was raining outside, until I'd opened a window and put my hand out.  So I'm not best pleased seeing people take her seriously enough to try to make a minor point about reality:
MTG heard "screams"? I call bullshit. Where was she, at Gitmo while they were waterboarding prisoners? At Abu Ghraib when W. was in office? "Suffering greatly"? The woman needs to get out more. I guarantee there are people in her district that she doesn't give wet snap about suffering more than the people in a Federal prison awaiting trial or having been sentenced for their part in the violence at the Capitol on January 6th.  Seeing the justice system in action?  Shit, she doesn't understand the legislative system she ran to be elected to.

To my point about the internet being an outrage machine:
I had to read that article to know this was even a thing.  I know, I know, I could have ignored it completely and not been the poorer for my ignorance on this subject.  And I don't care about it, except that it's one more straw on this old camel's back about the internet and outrage and looking for reasons to be outraged. It also induces flashbacks to when I was a pastor, the closest I've ever been to being a public figure, and how anything I said was interpreted by someone to be the worst thing they'd ever heard and what kind of person was I for saying it?  My Lovely Wife likes to say I wasn't personable enough as a pastor, and I am not a people person, I freely admit it.  My shyness makes me almost misanthropic (or maybe that's just me!), but when every word you say to anyone becomes a weapon or a mistake (my most casual utterance could blow up on me), you get tired of it real fast.  So I have some sympathy for Mr. Pratt.

I've had enough of outrage and conventional wisdom for awhile, is the issue here.  I read that Beto O'Rourke, a truly decent person who might actually try to make Texas government serve the people, not bidness, trails the buffoon Greg Abbott by 9 points in polling; and I want to give up.  Abbott is reduced to praying February of this year doesn't repeat next year (and odds are it won't; last time we had weather that severe my daughter was a decade away from being born, and it still wasn't as bad as winter this year) because he led the charge to do bugger all about the power grid in this state.  And yet he wants crypto-currency servers here in the worst way.  I hope they have their own generators.

I'm fed up.  I've had it.  For a moment, anyway.  I have personal projects to work on, I have better ways to spend my time than prowling for things to express an opinion on (mostly expressing MY outrage.  I know what's going on here.).  If you don't see anything here for a bit, that's why.  I'm going to set up the Thanksgiving posts and the Armistice Day posts and the Totenfest, maybe even the first week of Advent (if I get ambitious).  But if it seems real quiet around here, it is.

I got things to do.  Keeping up with politics right now is just convincing me, again, that I am so wholly out of touch with this world I don't seem to belong here.  Poor, poor pitiful me.  Nah, I just don't need the aggravation.  Politics is easy to blog about:  post a tweet, write a comment, done.  I'm taking a spiritual health break.  Try to shift my attention to more important matters, which are just as earthly as politics (I don't accept the Platonic distinction between physical and metaphysical.  The spiritual is as real as the material.  And pace Brecht, mankind is not kept alive by bestial acts.  Maslow's hierarchy of need is wrong in conception as much as it is wrong in execution.  We need each other, first and foremost.  We need spirituality as much as we need food and shelter; maybe even more so, since the latter can be taken from us.  When we give up the former, of what use, really, is the latter?  I think I'll go explore that question.)

See you around.

(And don't be surprised if I post a few things on that question.  I have some incomplete things I may complete.  Or I may just cool down until Advent.  That's always busy time around here. Don't go away, I'll be back.  That's a promise; or a threat.  Your choice.)

Old White Guy Complains About Young People

Thursday, November 04, 2021

Clowns To The Left Of Me, Jokers To The Right

It is very hard to convey just how bad this is:

Trump’s lawyers had argued that a 1974 Supreme Court case regarding Richard Nixon’s attempt to have White House recordings he had made destroyed after he resigned from office gave Trump the right to assert privilege even if Biden refused to do so. But Chutkan pointed out that Congress had superseded that case by passing the Presidential Records Act in 1978, which gives the sitting president the ultimate decision on whether to assert privilege.

“I’m not sure that case is as helpful to you as you think it is,” Chutkan told Clark. She added that Congress seemed to have a legitimate interest in finding out how the insurrection came to be. “The Jan. 6 riot happened in the Capitol. That is literally Congress’ house.”

I'm just gonna cite myself here and here. The tl;dr:  the Nixon case in '74 was completely abrogated by the Presidential Records Act in '78.  Completely.  This is the kind of mistake a first year law student would make.  Trump is not hiring the best and the brightest.

Clark further argued that Chutkan needed to grant an injunction blocking next week’s scheduled release because Trump would suffer “irreparable harm” if she didn’t. “When those documents are out the door and go to Congress, they are out,” he said.

Chutkan said she agreed that releasing the papers was irreversible, but asked what basis Trump had to keep them secret, given that they are all public records. “We’re talking about documents that are quintessentially about government business. Are we not?” she said. “Where is the harm? Tell me the harm.”

“The harm exists to the institution of the presidency,” Clark responded.

To which Chutkan countered: “Well, the current president disagrees. Shouldn’t that weigh in?” 

The answer to that question is not only "No," but "Hell no!"

 There is considerable weight to the argument that only the current president has the authority to assert executive privilege because the privilege itself derives from Article II of the Constitution and the separation of powers. A former president has no constitutional authority. As the GSA court noted, quoting the solicitor general, “the privilege is not for the benefit of the President as an individual, but for the benefit of the Republic.” The incumbent president is the one who has been elected to represent the interests of the country and is, arguably, the only one with the constitutional authority to determine when disclosure would be in the country’s interests. The GSA decision largely elides this issue because the court had no opportunity to address the extent of a former president’s authority to assert executive privilege or how the views of the incumbent would factor into such an assertion. The suit did not involve an assertion of privilege over particular information; it was a facial challenge to the act itself. The court simply adopted the view that the privilege “survives” the presidency, accepted that Nixon had some continuing interest sufficient to bring the suit, and noted that “the fact that neither President Ford nor President Carter supports appellant’s claim detracts from the weight of his contention that the Act impermissibly intrudes into the executive function and the needs of the Executive Branch.” 

I have to point out here that the GSA decision referred to is the one pretty muc overridden by the Presidential Records Act.  Maybe the current Supremes would disagree with me, but the trial court seems to think the statute replaces the GSA opinion (and besides, the facts were quite different in the Nixon case; there was not statute governing records created during a Presidency).  Basically the rule is: We only have one President at a time, and the privilege protects the office, not the individual.  Trump is voiceless in this matter, because if he isn't, then we have two (or more, considering how many of them are alive right now) Presidents at a time.

That's this point:

Both Letter and Justice Department lawyer Elizabeth Shapiro, representing the National Archives, said that the 1978 law spells out how disputes about executive privilege between current and former presidents are to be handled: with the deference going to the current one.

“They are records of the United States,” Shapiro said. “He is not personally injured by their disclosure.”

Delay?  Trump ain't gonna delay anything.  Not with this legal team. 

Back To Work!

Yes, Newt Gingrich wanted to do this 10 years ago:

Republican presidential candidate Newt Gingrich called child labor laws "stupid" Friday in an appearance at Harvard's Kennedy School of Government.

"It is tragic what we do in the poorest neighborhoods, entrapping children in, first of all, child laws, which are truly stupid," said the former House speaker, according to CNN. "Most of these schools ought to get rid of the unionized janitors, have one master janitor and pay local students to take care of the school. The kids would actually do work, they would have cash, they would have pride in the schools, they'd begin the process of rising."

"You're going to see from me extraordinarily radical proposals to fundamentally change the culture of poverty in America," he added.

It was just a matter of how you define "child":

In Ohio, the Republican-controlled state legislature took up a measure last month to allow businesses to keep teenagers under the age of 16 at work until 9 p.m., with a parent's permission. Previously, they had only been allowed to work until 7 p.m. The bill was introduced by two Republicans and one Democrat.

Likewise, the Wisconsin Senate last month also passed a bill which would allow businesses to hire 14- and 15-year-olds to work from 6 a.m. to 9:30 p.m. on weeknights or 11 p.m. on weekends. The measure would only apply to businesses which run less than $500,000 in sales annually and aren't governed by a federal statute known as the Fair Labor Standards Act.

... In 2011, Wisconsin eliminated limits on the number of hours — and days — that minors aged 16-17 could work, and even replaced the phrase "child labor" in state law with "employment of minors" in 2017.

Won't anybody think of the children?

In an op-ed for the Bucks County Courier Times, a local Pennsylvania Newspaper, high school junior Darcy Leight wrote that she and her peers were experiencing burnout at much higher rates due to the increasing pressure to work longer hours in recent months.

"A job I intended to work strictly during the summer has somehow found its way into my fall schedule and has become almost equivalent to academics on my priority list. And I don't even know how it happened," she wrote. "The coupling of a job anywhere from five to 35 hours a week along with being a student is extremely stressful.

And just as a reminder that we have, indeed, always done it this way:

To put this in some context:  the first child labor laws in the U.S. on the federal level were passed in 1938, largely because adults were desperate for work, not out of a new concern for child labor.  Woodrow Wilson had signed an early bill into law, but the Supreme Court ruled that it regulated intrastate commerce and the law was voided.  So child labor has not been regulated for yet 100 years in this country (and Newt Gingrich thinks that's been not quite a century too long; but that's a topic for another day).

In 1903, Mother Jones led a "Children's Crusade" march from Kensington, Pennsylvania to Oyster Bay, New York, summer home of then president Theodore Roosevelt.  The march was to demand laws to get children out of factories and mines and into school.  Roosevelt refused to meet with them, and yet to this day TR is lionized, and no one mentions his indifference to the horrors of child labor. 

Is this a great country, or what? 

We’ve Always Done It This Way

Or have we? It’s just too bad the discussion stops there.

Absolutely Nothing Sharper Than A Rubber Ball

"I'm the one that asked them to sue me," Lindell told Insider on Wednesday, for a story about the prospect of Dominion Voting Systems taking control of his company.

"I don't care if it's a scrillion, a billion, whatever. It's all just a joke," Lindell said, adding that he's "not worried" about Dominion's "frivolous" lawsuits, which he alleges are an attempt to suppress his voice "by trying to bankrupt Mike Lindell."

Instead, Lindell predicted that state attorneys general will soon file a lawsuit resulting in the Supreme Court getting rid of all voting machines — and overturning the results of the 2020 election. 

Yeah, Mike; wish in one hand, shit in the other.  Which fills up first?

"I want to take Dominion, the company, melt down the machines and use the metal for prison bars, and the plastic for the little trays they served breakfast on in prison, for all the Dominion people that were involved in this, and all the other criminals like Mark Zuckerberg, Jack Dorsey, the (Chinese Communist Party), everyone that was part of the biggest crime in the history of the world," Lindell said.

In his hands even a rubber ball might have too many sharp corners.

If MyPillow loses, Dominion will have two opportunities to add a pillow company to its portfolio: Seizing its assets or winning a bankruptcy auction," the site reported. "A jury will ultimately decide how much to award in damages if the case goes to trial. If a jury agrees with Dominion's assessments, the damages will almost certainly exceed MyPillow's value and Lindell's net worth." 

Not playing with a full deck?  Even the cards he has are imaginary. 

Wednesday, November 03, 2021

According To Jonathan Chait

Schools are teaching CRT because school administrators (all of them? No, just "many," but, you know, that's enough.) are not being nice to racists. Or nice enough. Or something.

I am not making this up.

Yes, CRT is a term to describe a family of academic theories that are not being taught to schoolchildren. But many school administrators are embracing its theories as the basis for their anti-racist practices. Some of these lessons are reductive, employ shaming, and are ineffective. Repeating over and over that these lessons are not, strictly speaking, CRT is a way of shutting down any channel for identifying and correcting errors.

Why does the "third way" always involve Democrats admitting the Republicans might have a point, and that Democrats really should try to be more like Republicans so we can all get along and get (some) things done?  Like win elections, because apparently it doesn't matter who wins (because you need to be more like Republicans to do that, or at least acknowledge they aren't wrong about being offended by your being offended by racism), it just matters that you win.

I guess we can start by admitting CRT is totally wrong and basically communism and fascism and totalitarianism, and besides its icky!  Right?

Meanwhile, There Was A Baseball Game Last Night

On The Other Other Hand

I don’t know about Virginia, but running as a Democratic partisan in Texas is a sure-fire way to lose, even if you are running on policies to help the working class.

Race Matters

I agree on McAuliffe. Too often these races come down to who’s running, rather than what broad national issues we are told is involved. But talking about narratives that exist only so pundits can talk about them is the whole point of narratives.

And the point of some narratives is to obscure the reality of history (which is part of the present) so we can go on pretending it’s passed.

But the past isn’t over; it isn’t even passed.

Renascent Trumpism? Or The Hangover From Trump?

And by the way: On the other hand:

Several high-profile school board candidates who fought COVID-19 restrictions and anti-racism classes lost their election bids Tuesday, while the Republican candidate for Virginia governor won after making education a key part of his campaign.

The defeats in Wisconsin, Minnesota and Connecticut came as voters weighed in on dozens of races that were dominated by debates over masks, vaccines, race and history. Their choices will help decide not just local policies but also whether the education battle has staying power and becomes a rallying issue for Republicans in the 2022 midterms.

....

Former Vice President Mike Pence also got into the game, taking a moment during a campaign rally Saturday in Ohio to urge voters to support conservative school board candidates. But conservative-backed candidates for a dozen suburban Cleveland school boards were generally falling behind, unofficial results showed.

In pockets across the country, other school board challenges failed.

In Wisconsin, four members of the Mequon-Thiensville School Board held off a recall challenge that cost anti-critical race theory backers nearly $50,000.

In Minnesota, three conservative candidates failed to win a seat on the board in Wayzata. They ran on a “Vote for Three!” platform that denounces “harmful ideologies like CRT,” political indoctrination and “controversial medical mandates.”

In Connecticut, a slate of five five candidates opposed to critical race theory lost the board of education race in the Guilford school system, where a racial reckoning began years ago, first with an episode in which a student wore blackface to a home football game, followed by a fraught debate over the elimination of its mascot, the Indians.

Parents for Guilford Students, which backed the losing candidates, posted on Facebook: “Our five republican candidates lost the BOE election.” But, the post said, “those that lost the most are the dear children of Guilford.”

In Colorado, early results showed anti-mask candidate Schumé Navarro trailing in her bid for a seat on the Cherry Creek School District. The mother of three went to court last month to win the right to attend a district candidate event without a face mask, arguing that she cannot wear one because of abuse she suffered as a child.

“The environment and the culture that it’s creating is just stealing from our kids,” she said of masks.

However, the fight against diversity education resonated in the school board race in the Carroll Independent School District in Southlake, Texas, where Andrew Yeager won on Tuesday night. He was backed by a political action committee that opposes a diversity and equality plan created after a video of students chanting a racial slur began circulating online three years ago. A temporary restraining order has blocked the plan.

1776 Action, a group inspired by former President Donald Trump’s now-disbanded 1776 Commission that played down America’s role in slavery, urged candidates to sign a pledge calling for the restoration of “honest, patriotic education.” At least 300 candidates and elected officials did so, said Adam Waldeck, the group’s president.

Waldeck said his group also sent out mailers and targeted text messages in races in Johnston, Iowa, where three candidates have signed the pledge, and in West Chester, Pennsylvania, where law enforcement was called to investigate threats against school board President Chris McCune.

The backlash stems from his ordering the removal from a July meeting of a parent who kept demanding information about critical race theory after her two-minute time limit had ended. McCune, who is on track to retain his seat, wrote in a letter to the Daily Local News newspaper in Pennsylvania that it is his duty to “maintain order” and insisted that the district doesn’t even teach critical race theory.

“National and local political forces continue to urge residents to rally against local school boards and CRT, even when board members and administrators have offered to meet to share the district’s curriculum to demonstrate that it is simply not what we teach,” McCune said.

....

Laura Zorc, who leads the Washington, D.C.-based conservative group Freedom Works’ education initiative, said she was heartened by the showing in Douglas County, Colorado, where a conservative slate of four candidates appeared poised to unseat incumbents. The board has been under fire for suing the county health department to uphold the district’s mask mandate.

A great deal of this, IOW, is due to covid and the reactions to measures to contain covid.  Will that passion and anger and resentment sustain into November of next year?
I'm going to go out on a limb and say "Probably not."

They’re Objecting To Norman Rockwell

Well, he was a well-known closet communist. And a fascist. And a pornographer. MTG told me so.

Why these people aren’t more popular is beyond me. 

It’s only a matter of time.

I Need A New Career

...as a political pundit.

It can’t be that hard.
IOW, large swathes of rural Texas, just without the slaw dogs and red eyes. We eat better than that, even in the back of beyond.

Otherwise, that sounds pretty damned familiar, even in suburban areas.

So maybe I have an unfair advantage over the pundits.
In the meantime, this guy gets paid to think this!

If I’m so smart, how come I’m not making that money?

Tuesday, November 02, 2021

We’re Doomed. We’re All Doomed.

Or we aren’t. So which election proves we’re all done for? The VA Governor’s race? Or any of the other elections not inside the Bos-Wash political media center?

Or none of the above?

Charlie Pierce Provides The Entertainment This Afternoon

I had no idea the argument had cut this close to home; home in Texas, I mean.  Justice Sotomayor speaks first:

How about in Obergefell, imposes S.B. 8 style liability on anyone who officiates, aids, or abets a same sex wedding? How about, dissatisfied with Lawrence vs. Texas, subjects private consensual sexual conduct of which it disapproved to the exact same law as S.B. 8? How about Griswold, the use and sale of contraception is subject to S.B. 8 style liability? So this is not limited to abortion. That's the point that's been raised. It’s limited to any law that a state thinks it’s dissatisfied with.

Stone should’ve known he was in trouble when Justice Stephen Breyer threw the terms “interposition” and “nullification,” as well as the names of Justice Oliver Wendell Holmes and John C. Calhoun, at him. Nobody arguing even a tacit states' rights position wants to hear that. Justice Elena Kagan also dropped a new name for what Stone was defending: “unpreferred constitutional rights,” meaning that if a state doesn’t like a ruling regarding constitutional rights, it can simply raise a civilian posse against it. And she wasn’t finished yet.

But, General Stone, I think it's the combination of everything, you know? It's the $10,000 and it's everything that Justice Kavanaugh said and it's other provisions behind. And we've had a little experiment here, and we've seen what the chilling effect is. You know, usually, in these chilling effect cases, we're kind of guessing. Well, I—this would sort of chill me. Here, we're not guessing. We know exactly what has happened as a result of this law. It has chilled everybody on the ground.

The fact that, after oh these many years, some geniuses came up with a way to evade [that precedent, and] the even broader principle that states are not to nullify federal constitutional rights, and to say ‘Oh, we’ve never seen this before so we can’t do anything about it’ ... I guess I just don’t understand the argument. 

For those of you who don't remember: 

I'm pretty sure Lawrence v. Texas was chosen with care. I think the reference to Obergefell was a shot across the bow, too.

I do have to toss this log on the fire.  Justice Kagan, again:

Your answer to Justice Kavanaugh, which is, ‘Go ask Congress,’ I mean, isn’t the point of a right that you don’t have to ask Congress? Isn’t the point of a right that it doesn’t really matter what Congress thinks or what the majority of the American people think as to that right?

It only has to really matter to a majority of the Supreme Court.  Right? 

Ghouls At Noon (And Later That Afternoon)

Group? Collection of people? Small gathering? A clutch of clowns?

“Significantly larger” is a very relative term. I’ve seen more people storming Wal-Mart on Black Friday.

Of course, my main interest is what they do after nightfall. Not that I have much sympathy for them . JFK, Jr. has been in hiding, and wants to reappear at the place where his father died? Ghouls are appalled at this.
It’s noon. 🕛 Wonder how long they’ll wait. Now I find out this is what they’re waiting for. I’ve been checking the live feed. I still wouldn’t call it a crowd, much less “crowds.” I’ve seen more people at a Texans game watching a team they know couldn’t beat a high school football team.

Really gotta re-evaluate how glibly words get tossed around.

2:15 update (CDT): Dealey Plaza is empty, save for pedestrians using it to get from one point to another.  Two people continue to stand in the rain and falling temperature, holding up what looks like a small "TRUMP" banner attached to a light pole.  It looked like a cop walked over to talk to them, but he didn't make them take it down.  If the rain turns to a thunderstorm, that's gonna be the worst place in town to be standing.
Word is JFK, Jr. will be at the Rolling Stones concert in Dallas tonight. Since Keith Richards apparently can't die, this makes a kind of sense.

"They said dead people would be walking around," the woman said. "I've been looking for people. Somebody said yesterday they think they saw Dale Earnhardt. We think we saw Robin Williams. Thoroughly excited."

"There's going to be even more tonight it sounds like too," she added. "At the Rolling Stones concert."

I don't think the band counts, though.

“And Give Up Show Business?”

Pretty much the conclusion I’ve reached. Made ya look! 👀 

And in other political news:
Or it could mean VA usually votes for the party that hasn’t just taken the White House. Which, I understand, is usually what happens. It’s frequently read as a referendum on the person in the White House. Either way, it’s apparently common for the VA Gov., like the midterms, to go to the party not in the Oval Office.

So VA might have nothing to do with Trump at all. Although Trump won’t say that. Or, apparently, his fiercest opposition. It’s almost like they need each other.

You know, like Manchin and the press at the moment.

“Why Us?”

The school organization said it was "confused" why the letter was sent to the association, "which has no regulatory authority over school districts and does not set the standards for instructional materials, including library books."

"The role of a school board primarily includes establishing a strategic plan for the district, adopting policies in public meetings, approving the district’s budget, and selecting and evaluating a superintendent," a spokesperson for the group said in a statement. "In most school districts, the review and selection of individual library materials traditionally has been an administrative responsibility managed by professional district staff."

Something the Governor of Texas should understand.

🤡 

Dial “F” For Fool

Historian and best-selling author displays his deep knowledge of neurology, cognitive science, and computer science by making sci-fi quality predictions of the future which were old news when James Cameron wrote “Terminator.”  Anderson Cooper freaks out.

Audience re-evaluates its opinion of Cooper as a serious person.

I mean Donald Trump is a best-selling author and businessman. That makes him equally qualified to make these predictions. We’ve had 50+ years of this stuff. Technology has gotten as far as the iPhone 13, and supercomputers that still can’t forecast the weather much better than the Farmer’s Almanac. Yet we will soon program computers to think. Just as soon as we can come up with a concrete definition of what “thinking “ is, so we can actually program a computer to do it.

One thing computers still can’t do is do what they aren’t programmed to do. Some story breathlessly asserts a computer has “learned “ something, but insects learn as much and nobody expects them to be our overlords. We just expect them to outlast us.

Remember when a gorilla “learned” ASL? Except it didn’t. Like Clever Hans, Koko could only be understood by her handlers. Other users of ASL said Koko only “spoke” gibberish. The linguistic definition of “language” does not encompass gibberish. Animals can communicate, but they can’t use language. Computers may perform the functions their software allows, but they can’t be said to think. Indeed, we probably have a better definition of what language usage is than we do for what thinking is.

The science fiction version of this still hasn’t moved past Clarke’s conjecture that enough telephones connected together would mimic the synapses of the human brain and create consciousness. Clarke’s assumption was that the nuclear physics concept of “critical mass” was distributive. Even now your phone is waiting for that last purchaser to switch on so SkyNet can arise. 

Or not. Models of cognition based on computers are not even models; they are simply metaphors. The idea that once we write a sufficiently complex program it will achieve consciousness is merely a display of our ignorance about what consciousness is. We’re no further along than Hume’s 18th century model: that consciousness is an illusion created by sensory impressions received in the brain creating a false sense of a self. Of course who’s perceiving these perceptions and who’s perceiving the sense of self, is difficult to answer with this model. But if cognition is just synapses firing, why was Clarke’s “Dial ‘F’ For Frankenstein” so wrong? Do we need more phones? Or just more programming? Or is the whole subject of consciousness just further beyond our grasp than we care to admit?

Although it could be that most of us don’t understand how computers work any better than we understand how telephones work. And we replace our ignorance with pretense and conjecture, like assuming computers and human brains are really very similar. Trump does the same thing when he talks about servers and algorithms.  Well, how many of us understand the internet any better than that, if we’re honest? Of course, if we’re honest, we’d admit we don’t really know how computers or brains work. Instead we credit too much power to one and bear too little respect for the mysteries of the other.

I mean, can we even explain why the iPhone 13 is just the 12 with a third lens? 

Perhaps some things we are not meant to understand.

“Good Times Are Comin’…”

...but they’re sure comin’ slow.”

Don’t pay attention to what the Justices said in oral argument.

Pay attention to what they do in the decision. There are many options.
Never rely on what the reporters say what happened, they understand f*ck-all of what happens in a courtroom (with the exception of Nina Totenberg, who seldom, if ever, trades in predictions).

There is a profound issue of standing here which the Court should wrestle to the ground and thrash within an inch of its life. Professor Vladeck is offering that they might duck that. I’m saying they shouldn’t. The question of abortion is one important issue in this case. The question of standing (and I don’t mean just of the DOJ to sue to block this law) is the other. Both, IMHLO, are of equal gravity and not just because of the 2nd Amendment.

“Who Is My Neighbor?”

Under the Texas law, anybody allowed to file suit in the United States is now neighbor to any woman seeking an abortion in Texas.

I still say standing is the central issue under this law, and SB8 makes a mockery of the concept.
Well, there is that.

"Which Books, Governor?"

"The INAPPROPRIATE Ones!"

And what, you may wonder, is the "Texas Association of School Boards"?

The Texas Association of School Boards (TASB) is a voluntary, nonprofit, statewide educational association that serves and represents local Texas school boards and was established in 1949 with two main goals in mind:

To share information through publications and training to help Texas board members serve their communities more effectively.

To speak with a unified voice to decision makers to chart the best future for Texas public schools.
It is not in charge of school boards, and it is not a state agency.  Abbott is targeting TASB ("Tasbee") the way some people have been targeting school boards.  He has no more authority over them, as Governor, than he does over the Texas Education Agency:

The Texas Education Agency is the state agency that oversees primary and secondary public education. It is headed by the commissioner of education. The Texas Education Agency improves outcomes for all public school students in the state by providing leadership, guidance, and support to school systems.

TEA has more authority over schools and their libraries than TASB does.

But Abbott wants to get out in front of the angry mob so he can claim he's leading the parade.  And he's trying to appeal to people like this: Somewhere in the dim recesses of memory there's an old joke about a voter that ends "Ah don' know whut it is, but ahm agin it!"  As I said, we're against the inappropriate books.

This is clown 🤡 show stuff.

There is indeed nothing new under the sun.

These People…

...live in a completely alternative reality.

Which is still more people than in Q-Anon.
Ain’t that America? 🇺🇸 

To Hear His Head Rattle

"If they're going to push this on the kids," the speaker says, "I can guarantee you one thing: town halls and schools will be f--king burned to the ground."

The remarks were met with raucous cheers from the crowd.

Polio, DTP, MMR, etc., etc., etc., are fine, but this is too far?

"In 1776, nobody went to court, nobody went to court, anyone grabbed a gun and they f--king shot each other!" he exclaimed.

"Yeah!" people in the crowd shouted.

Which makes you wonder who was left to found the nation.

"I do not condone violence and hope we do not get to that," the man added. "But just understand that there are plenty of people that are ready to go there."

The standard disclaimer of responsibility.

No wonder Biden's approval rating is down.  Even I know it's not possible, but I'm ready to start locking these clowns up wholesale.

Hallowe’en Aftermath NextDoor

🎃 👻 🤔 

Monday, November 01, 2021

All Saint's Day 2021



For Catholics, All Saint's Day is a day to honor the saints; All Soul's Day remembers all who have died in Christ who are not considered saints.  For Protestants, the "saints" mean the clouds of witness who we believe surrounds us in time and across time, as well as space.  According to most reports Samhain in Ireland was one of the "thin places" in the calendar, when the dearly departed were yet close at hand, not as ghouls and ghosts and goblins, but as family.  Many cultures, including the Mayan and Aztec in the Americas, welcomed the dead back once a year.  It was in the 19th century that we turned the dead into "ghosts" and made them malevolent for our own entertainment (blame the Victorians).  We are the outlier in that.  We also used to use Memorial Day as a day to decorate the graves of the dead from the Civil War, and to picnic in cemeteries.  Such things are unimaginable now; we fear the dead far more than honor them, which is our loss.

Later in the liturgical year the German church observed, at least the German immigrants in this country, the Totenfest, the remembrance of the dead, the faithful who had died in Christ in the past year.  We will mark it again here on the last Sunday of Pentecost (if, to be honest, I remember it), which this year will be on November 21st.  Remembering the dead is a duty we owe to them.  They were our family.  They were our friends.  They are only finally dead when we forget them.

It's all about death and resurrection.  Although those terms might not mean what you think they mean.

Almighty and everlasting God, before whom stand the spirits of the living and the dead; Light of lights, Fountain of wisdom and goodness, who livest in all pure and humble and gracious souls.

For all who witnessed a good confession for thy glory and the welfare of the world; for patriarchs, prophets, and apostles; for the wise of every land and nation, and all teachers of mankind,

WE PRAISE THEE, O GOD, AND BLESS THY NAME.

For the martyrs of our holy faith, the faithful witnesses of Christ of whome the world was not worthy, and for all who have resisted falsehood and wrong unto suffering or death,

WE PRAISE THEE, O GOD, AND BLESS THY NAME.

For all who have labored and suffered for freedom, good government, just laws, and they sanctity of the home; and for all who have given their lives for their country,

WE PRAISE THEE, O GOD, AND BLESS THY NAME.

For all who have sought to bless men by their service and life, and to lighten the dark places of the earth,

WE PRAISE THEE, O GOD, AND BLESS THY NAME.

For those who have been tender and true and brave in all times and places, and for all who have been one with thee in the communion of Christ's spirit and in the strength of his love,

WE PRAISE THEE, O GOD, AND BLESS THY NAME.

For the dear friends and kindred, ministering in the spiritual world, whose faces we see no more, but whose love is with us for ever,

WE PRAISE THEE, O GOD, AND BLESS THY NAME.

For the teachers and companions of our childhood and yough, and for the members of our household of faith who worship thee in heaven,

WE PRAISE THEE, O GOD, AND BLESS THY NAME.

For the grace which was given to all these, and for the trust and hope in which they lived and died,

WE PRAISE THEE, O GOD, AND BLESS THY NAME.

And that we may hold them in continual remembrance, that the sanctity of their wisdom and goodness may rest upon our earthly days, and that we may prepare ourselves to follow them in their upward way,

WE BESEECH THEE TO HEAR US, O GOD.

That we may ever think of them as with thee, and be sure that where they are, there we may be also,

WE BESEECH THEE TO HEAR US, O GOD.

That we mave haev a hope beyond this world for all they children, even for wanderers who must be sought and brought home; that we may be comforted and sustained by the promise of a time when none shall be a stranger and an exile from thy kingdom and household;

WE BESEECH THEE TO HEAR US, O GOD.

In the communion of the Holy Spirit, with the faithful and the saints in heaven, with the redeemed in all ages, with our beloved who dwell in thy presence and peace, we, who still serve and suffer on earth, unite in ascribing:

THANKSGIVING, GLORY, HONOR, AND POWER UNTO THEE, O LORD OUR GOD.

Glory be to the Father, and to the Son, and to the Holy Spirit,

AS IT WAS IN THE BEGINNING, IS NOW, AND EVER SHALL BE, WORLD WITHOUT END. AMEN.