the C I V I T A S papers
Friday, June 24, 2005
 
Unite!

BullMoose puts Rove's comments in the proper perspective.

 
"They don't apologize"

That's the title of Dan Froomkin's analysis of Karl Rove's controversial comments.

 
Mexico's sense of civilization

By a vote of 412-0, Mexico's House not only removed death penalty provisions from the Constitution but inserted a new provision prohibiting the death penalty.

 
Why "a Zippo"?

Volokh points us to and excerpts two especially juicy lines from a piece in The American Spectator by John Tabin on the proposed flag burning amendment.

 
McCain update

It's been some time since an update on McCain's future political plans. Zogby America fills the gap with this poll which shows a 54 - 35 lead in a horse race against Sen. Hillary Clinton (D-NY). Via PoliticalWire.

And, as tradition demands...

At 5:31 p.m. (eastern) on June 24, 2005, a Google search of "mccain 2008" generates 522,000 hits.

Previous "measurements": 12/21/04 and 5/31/05.

 
To the streets!

Apparently, President Bush's strategy of "discussing" Social Security reform with "the people" hit a bit of a roadblock today.

The WaPo reports...

Angry at the fact that the "town hall-style meeting" didn't include "the townsfolk" but instead was invitation-only (there go the Big Tent-ers again), about 400 protesters temporarily blocked traffic, pounded drums, and shouted.

From the article:

Trent Duffy, a White House spokesman, said blocks of tickets were distributed to several nonprofit organizations, including Young America's Foundation, which selected the individuals who received them. The event was organized by the National Retirement Planning Coalition, a financial industry and advocacy group...

Duffy said he did not know if any of those invited were county residents. "Once we give the tickets to the organizations, the White House doesn't ask for residency information," he said.

No...because that would be almost as bad as asking for pledge cards.
- posted by C @ 3:34:00 PM
 
Confirmed: mad cow in US

Although it's been buried in the Friday news cycle, the British lab responsible for the second test of a possible case of mad cow disease in the United States released its finding today: positive. WaPo has this story.

See previous posts here and here.

 
More thoughts on "moderate Christian"

Jeff Hawkes, a columnist for Lancaster, Pa.'s Intelligencer Journal, writes today on former Senator Danforth's comments (see previous post).

Mr. Hawkes concludes his column with:

"...I also found myself troubled with Danforth's repeated use of the phrase 'moderate Christian.' My reading of the Gospel convinces me Jesus was no moderate.

Jesus' ministry offered an example of radical love, especially for those despised by society: the leper, the prostitute, the possessed, the tax collector. Meanwhile, his program was about radical justice, bringing about a world in which the poor are blessed, the hungry are filled and the sorrowful may laugh.

This vision of radical love and social justice -- that God's will be established on earth as it is in heaven -- is compelling for many Christians. they may not identify with the religious right, but their lives are animated by faith nonetheless.

'Following a Lord who cited love of God and love of neighbor as encompassing all the commandments,' Danforth said, 'we reject a political agenda that displaces that love.'

But rejecting an agenda is not enough. I wish Danforth had also called upon Christians to advance a positive agenda, one in keeping with Jesus' commandment to love."

- posted by C @ 2:29:00 PM
 
Big Boxes

My local paper carried an (overdue) article by AP Business Writer Anne D'Innocenzio entitled "Big-box retailers embrace new designs." Newsday has it posted here.

 
The Great American Pork Barrel

At lunch today, I caught the replay of a portion of this morning's Washington Journal which featured Ken Silverstein of the LAT. He has written an article on "pork" in budget legislation; it sounds like it will be printed in the July issue of Harper's.

 
Fascinating

A simply fascinating article in the New Yorker describes the upstart Patrick Henry College's relationship with the political sphere in nearby Washington, DC.

 
"Keep your eye on the big fish"

That's the piece of advice which closes Joel Achenbach's post on Rove's comments, as I mentioned here.

 
An exceptionally strong Ed./Op-Ed. page in the NYT today...

An important op-ed by Norman Ornstein and Barry McMillion (of AEI) describing the findings of a social science analysis of the polarization of Congress. The accompanying graphic tells the story. For further information on this and related research, visit VoteView.

Relatedly, Jack Valenti reflects on the bygone era of bipartisanship.

Paul Krugman has this column entitled, "The War President."

Thomas Friedman defends CAFTA in this column where he compares fair trade-supporters in the U.S. to the French opposition to the E.U.

And, finally, three editorials of note:

  • On the viability of the President's Star Wars program (referencing a recent WaPo report).

  • On the NY legislature's passage of a bill that authorizes "pharmacists to dispense emergency contraceptives to women who do not have a prescription."

  • On the misuse of medical marijuana (I referenced examples of this yesterday)
  •  
    What? Me torture?

    Today's NYT reports that military doctors were consulted on how to "increase stress levels and exploit fear" in GITMO detainees.

    Repeatedly referenced in the NYT article is an article to be published [.pdf] in the New England Journal of Medicine (bedrock of ultra liberal bias!).

     
    Sesame Street re-opens after bomb scare

    By a vote of 284-140, Congress restored funding to public broadcasting.

    But, according to the article, the threat to the Corporation for Public Broadcasting may only be building:


    "The corporation was created by Congress in 1967 to shield public broadcasting from political influence...Also Thursday, the corporation's board selected Patricia S. Harrison, a former Republican Party co-chairman, as president and chief executive."


    "Shield"?

    UPDATE: WaPo has this follow-up.

    Thursday, June 23, 2005
     
    UN seeks access to GITMO

    From the BBC: US 'stalling UN Guantanamo visit'

     
    Summary of the Day:

    Dow: -166.49
    Oil passes $60/barrel

    But perhaps Americans are catching on...

    60% of Americans disapprove of Bush's handling of the economy
    63% of Americans believe economy is "bad, very bad, or terrible" [American Research Group survey via PoliticalWire]

     
    Knock, knock...

    When the Supreme Court issued its decision in the medical marijuana case a few weeks ago, government officials were quick to say that the decision would not result in a rash of searches and seizures.

    Surprise! Federal agents appeared at numerous doors on Wednesday, arresting several providers of the recently legal medicine.

     
    Rove doesn't like the way "liberals" reacted to 9/11

    NYT has this article on remarks by the President's advisor.

    UPDATE: Kevin Drum has more, including White House reaction.

     
    What problem?

    Yesterday, the U.S. Senate voted to reject imposing limits on greenhouse gas emissions.

     
    No Room: GOP's tent not big enough to include families of lynching victims

    Terry Neal's WaPo column discusses the Republican Senators that did not cosponsor the anti-lynching resolution passed last week.

     
    Pentagon's recruiting database draws ire

    WaPo reports on the Pentagon's new database of students that claims to assist in targeted recruiting but its privacy implications may be more noteworthy.

     
    Aide's personal blog a problem

    Via HowAppealing, a former congressional aide's personal blog causes his new boss a P.R. problem.

    Be sure to check out the blog's cache if you're in the mood to be disgusted by the far right.

    Wednesday, June 22, 2005
     
    USAF = Christian Religiously diverse

    Via JURIST, Pentagon releases report that found no overt acts of religious discrimination at the U.S. Air Force Academy despite finding "troubling religious insensitivity."

     
    Political Links

    Today, I found this list of political sites as compiled by the NYT.

     
    Across the Ocean...

    Le Monde editorializes that it's time for Europe to step up to the proverbial plate and invest in Iraq's future.

     
    In today's NYT...

    Tom Friedman has this column which attempts to explain the President's lame-duck problems on the lack of an heir apparent.

     
    Legislative Activism?

    When the Supreme Court (or any judge, for that matter) rules that a piece of legislation to be unconstitutional, many conservatives lash out at the offending judge, justice, or Court. Attempted slurs such as "judicial activism" are the most common manifestation of this sentiment. Some Republicans even stated that this salacious activity is a cause of violence against judges.

    But, when Republicans in Congress don't agree with a (16 year old) Supreme Court decision, they simply propose a constitutional amendment.

    What strikes me as most disturbing about this episode is not the subject matter but rather the fact that this particular decision is so limited in scope and effect. This is not an expansion of civil rights doctrine nor a constriction of long-held understanding of federalism. Rather, Texas v. Johnson served to address a very limited constitutional question. Opponents of the decision should listen to their own rhetoric and "look to the Framers." The Framers designed the judiciary for this very purpose: to interpret the Constitution and, as a result of judicial review, to do so as needed to evaluate enacted legislation.

    Further reading: History of flag burning; LAT article

    UPDATE: WaPo reports the passage of the aforementioned legislation. Roll call vote.

    It is interesting to note (as the WaPo does) that the measure -- requiring 2/3 majority -- passed with only an 8 vote margin. Of note, there were 18 Members who did not vote: 8 Democrats, 10 Republicans. If all 8 of the non-voting Democrats had voted and all other votes remained unchanged, the margin would have been 2 votes, but not a reversal of the outcome. The bill now moves to the Senate where 67 votes are needed for passage; followed by ratification by 38 states.

    Monday, June 20, 2005
     
    Ex Libris

    Former V.P. Gore's daughter authors novel.

    Sen. Barbara Boxer (D-Ca.) is writing a novel which will be released this fall.

    As noted previously, The Survivor is receiving wide acclaim. Yet another

    And...if you need help: WaPo summer reading recommendations.

     
    Thank you, Senator

    Former Sen. John C. Danforth (R-Mo.) wrote an op-ed for this past Friday's NYT that thus far is the best defense of moderate Christians in the face of the onslaught of extremists who purport to speak on behalf of all Christians or, more often, God. See also NYT letters to the editor.

     
    The Almond

    This week's NYT Book Review describes an autobiographical erotic novel by a Muslim woman.

     
    Lip Service

    In today's NYT, Bob Herbert writes this op-ed which points out the fact that those Americans who approve of the President's handling of the war in Iraq -- a number that is decreasing rapidly -- do so while emphatically opposing their own children's military participation.

     
    Sen. Specter

    An inspiring article was printed in this Sunday's Pittsburg Post-Gazette profiling Sen. Arlen Specter (R-Pa.) and the effect of his cancer treatment on his job and his perspective on the key issues facing the Judiciary Committee which he chairs. Via HowAppealing.

    Friday, June 17, 2005
     
    Downing St.

    For a comprehensive summary of the buzz surrounding the Downing Street memo [text] see this article in the Christian Science Monitor.

     
    Psst...It's Friday Spies©

    See last week's edition here.

    This week's Friday Spies©:

    1. Which relationship will last longer, Brad Pitt and Angelina Jolie ("Brangelina"), or Tom Cruise and Katie Holmes ("TomKat")?
    I tried to care about this question. I skipped it and came back (twice). I thought...I googled...and, I still don't care at all.


    2. Less importantly, which will have nuclear bombs first, North Korea or Iran?
    First, let me point out that that the question presumes, among other things, the following: (a) North Korea does not have nuclear bombs and (b) Iran does not have nuclear bombs.
    That said, I believe both countries have equal ability to acquire nuclear bombs: North Korea through creation and Iran through purchase/donation/collusion. Considering that the latter approach may be more easily or more quickly accomplished -- especially for a country with friends who wish ill upon America.

    3. What is your dream car?
    While most define a dream car as necessarily having an element of unattainability, I do not. The cars which I consider most appealing are those which are attainable which, as a consequence of being within reach, intensifies their appeal. Since I was a young boy, I have had a crush on Jeep Wranglers and, having had the opportunity to drive a Wrangler with the top down on several sunny summer days, that crush continues to this day. In more recent years, the Honda S2K has established itself in my mind as a car which is a dream to drive and, hence, I would define it as a "dream car."


    4. What book have you read the most times?
    There are several possible interpretations of this question. I choose to understand the question as defining "read" as including partial reading and perusing. For the purposes of this question, however, I choose to exclude textbooks and other solely-school-required reading. I know that I will probably change this answer several times hence but, for the time being, I believe that I have read former Sen. Robert Dole's Great Political Wit more than other books, provided the above definition and exceptions. It is a classic and a necessary volume for any home or office library.


    5. Are you a matchmaker?
    No.

     
    Not Disney World?

    Ever wondered where most Supreme Court clerks go after they complete their time at the Court? Law.com has this article.

    Via HowAppealing.

     
    Troop morale

    Soldier charged with murdering commander in Iraq.

     
    Infuriating

    The Bush administration refused to sign the Kyoto Treaty. Now, they have successfully gutted the G-8 climate change plan.

    Thursday, June 16, 2005
     
    Weyant's World at TheHill


     
    More PATRIOTism

    On the "half-step forward" front, the removal of a key provision of the USA PATRIOT Act regarding library records passed the House of Representatives by a 238-187 margin, suprising some and sending a clear signal to the White House.

    Apparently, the White House isn't listening. The article reports that President Bush has threatened to veto such a change.

    See previous post.

     
    "for the duration of the hostilities"

    In yesterday's WaPo, Attorney General Alberto Gonzales justified Guantanamo Bay (GTMO) because evidence exists that detainees released from the detention facility have returned to the fight against the United States. He said, "We can't release them and have them go back and fight against America."

    Ed.With some due respect, Mr. Attorney General, I believe you have it backwards. The few detainees that have been released from GTMO, as a product of their detention, would have more reason to join the fight against the U.S. than before their detention. While I, of course, do not agree with the terrorists' cause; I do not believe that the current policy is preventing or discouraging Muslim men from joining terrorist organizations, rather it may encourage or justify their participation. Mr. Attorney General, that is the explanation for the fact that released detainees have joined the fight: GTMO itself -- not the release from GTMO -- is the cause for hatred of the United States.

    The Attorney General argued in light of the fact that as many as a dozen have been killed or recaptured "on the battlefield," detainees would have to remain at GTMO "for the duration of hostilities."

    This position demonstrates a significant problem.

    First, there is no reason to believe that the "hostilities" will ever end. In fact, President Bush and his administration have made that point central to their cause: this new era of conflict will not be one characterized by the signing of a treaty on the ship of a U.S. Navy vessel, rather, it is may be, in one form or another ("hostility," perhaps one form), a permanent struggle.

    Second, as long as GTMO (and its sister programs scattered about at "undisclosed locations," some under control of other nations at our behest) is operational, individuals are captured without discretion, detainees are held without charge or due process, and instances of abuse occur there will never be an end to hostility. The very existence of GTMO and the policies it represents perpetuates hostility and creates fresh hostility.

    If and when our positive anti-terror actions and policies try to take root, the soil will be poisoned by the unregulated, unabashed, and unconscionable practices which GTMO hides and exemplifies in its existence. And, that, Mr. Attorney General, is unfortunate.

    By the way... the Senate Judiciary Committee held a hearing on the issue of "Detainees" yesterday. The tone and substance of statements made by the Senators confirm that there is momentum building on the part of those who wish the administration would revise its policy or close GTMO altogether.

     
    Emmet Swimming

    An interesting piece over at Slate which summarizes the important developments in the investigation of Emmett Till's murder.

     
    House GOP denies doctors' rights to prescribe medicine, rejects concept of states' rights

    House Republicans: we believe in a small federal government, specifically a government that believes that individual states know what is best for their citizens and a federal government that would not interfere with the opinions of an industry's experts (because "government in Washington, D.C., doesn't know better than experts and the citizenry") especially in the case of doctors (their case for "tort reform": we should leave the practice of medicine to doctors and patients rather than legions of trial lawyers). Right?

    Oops.

    Speaking of physicians...

    Remember how Senate Majority Leader Bill "Long Distance Diagnosis" Frist (R-Tenn.) convened the United States House of Representatives to override the authority of the state of Florida as well as the medical diagnosis of doctors who were within 100 miles of the patient based on his own diagnosis that Terri Shiavo "certainly seems to respond to visual stimuli."

    Really, Doc?

    The autopsy was released yesterday not only confirming that Ms. Shiavo was in an irreversible and persistent vegetative state (the very diagnosis Sen. Frist and Rep. Tom "Clean Hands" Delay (R-Texas) rejected) but also revealing that Ms. Shiavo was blind.

    Unfortunately, we will never hear an apology to the family for exacerbating the difficult situation. Nor will we hear an admission of, "I was wrong." Not from this group.

    UPDATE: Sen. Frist this morning came as close as he likely will to acknowledging his error, saying of the medical examiners, "The diagnosis they made is exactly right. It's the pathology, I'll respect that. I think it's time to move on." Funny...that's what the judicial branch and the American people told you and your fellow Republicans back in March.

    Wednesday, June 15, 2005
     
    Faith across the ideological gap

    WaPo reports: Religious Right, Left Meet in Middle

     
    "Vote, n. The instrument and symbol of a freeman's power to make a fool of himself and a wreck of his country." - Ambrose Bierce

    While WaPo's coverage of the primary is headlined "House Centrists Prevail in Va.," in the one race I mentioned here the incumbent lost to the upstart anti-tax candidate.

    The article contains a quote that says it all:
    "'I know [the incumbent] was one of the ones who voted to raise taxes. I thought that wasn't a good thing. We're Republicans -- that's not what we do," said 18-year-old Heather LeMunyon...who was voting in her first election."

    I could write for hours, offering an lesson in governance and civics to Ms. LeMunyon and her comrades; instead, I leave you with these quotes from leaders with considerable experience with such matters, unlike Ms. LeMunyon and her candidate.

    "Taxes are the price we pay for a civilized society." - Oliver Wendell Holmes Jr

    Or, if you prefer,

    "Taxes, after all, are the dues that we pay for the privileges of membership in organized society." - Franklin D. Roosevelt


    Tuesday, June 14, 2005
     
    Dean's comments: the stats

    First, let me say that as a white Christian (male) I was not impressed not surprised strongly disappointed by Gov. Dean's comments about the Republican Party as a "white Christian party."

    Several key Democrats have responded appropriately (in my opinion), as I mentioned in this post.

    While Gov. Dean's comments were certainly unnecessary, misdirected, and perhaps even "over the top", they were not untrue.

    In speaking this week with other people, many believe that the Republican Party is the "big tent" that we see on stage at the national convention.

    (Via MyDD) William Rivers Pitt at Truthout has the, well...truth:

    "Of 3,643 Republicans serving in state legislatures across the country, only 44 of them are minorities, amounting to 1.2%. Texas, with a minority population of 47%, has 106 Republicans in the state legislature. There are exactly zero African Americans and exactly zero Hispanics serving in that body as Republicans. In Washington, 274 of the 535 elected Senators and Representatives are Republican. Exactly five are minorities.

    Of course, there are ethnic and religious minorities within the rank and file of the GOP, but every demographic analysis of the party's makeup clearly shows the vast majority of Republicans fit exactly into the description offered by Mr. Dean. His point, by the way, was not that white Christians are bad people. His point was that, in this pluralist society made up of so much diversity, the Republican Party does not represent the true face of this country."



    Ed.: The problem with Gov. Dean's comments and even Mr. Pitt's defense is that it misses the point. Democrats, their spokespeople, and their defenders should be broadcasting the positive aspects of their own party rather than divisively attacking the GOP.

    Even if Gov. Dean's intent was something other than disparaging persons of faith (or even the GOP as a whole), his modus operandi of focusing his own and now his party's energy on the differences within our society is a perfect imitation of precisely what many Americans (should) detest about the Republican Party.

    If the Democratic chairman wants to distinguish his party from the GOP that is the distinction he/she should paint -- not imitate.
    - posted by C @ 8:29:00 PM
     
    [A&F] + discrimination = $50 million settlement

    Abercrombie & Fitch settles discrimination cases for $50 million. Story at Law.com

     
    The Survivor

    Sunday's edition of NYT Book Review included this honest review of the new Clinton bio, The Survivor.

    I have not yet read Clinton's memoir, My Life, but I thoroughly enjoyed and strongly recommend Joe Klein's The Natural.

     
    Kristof op-ed

    Kristof's column on our ally Pakistan's treatment of a very courageous woman.

     
    DebateClub

    One feature which I enjoy following each week is Legal Affairs' Debate Club. This week the topic is school vouchers and, more specifically, the relevance of Brown v. Board of Education to the school vouchers debate.

    RELATED: See this post at NewDonkey for an additional perspective.

     
    McCain's future running mate?

    Today's WaPo includes this column by E.J. Dionne which rationalizes a McCain-(Jeb)Bush ticket in 2008.

     
    "Terrible wrongs"

    Yesterday, the U.S. Senate passed a resolution ostensibly apologizing to victims' families for the horrific practice of lynching and the Senate's inaction on the issue.

    Today's WaPo has this editorial commending the Senate's resolution stating in part, "It is never too late or too untimely...for a great nation to remember terrible wrongs."

    Sen. Mary L. Landrieu (D-La.) has a page dedicated the topic and yesterday's resolution which she introduced with Sen. George Allen (R-Va.).

    WaPo has this article.

    P.S. Kevin Drum (a.k.a. Political Animal, a.ka. King Blogger at WashingtonMonthly) uses this post to tie the lynching resolution to the Supreme Court's decisions on race bias in jury selection.

    P.P.S. Several blogs have the list of Senators who did not sign onto this resolution. AMERICAblog has a list this explanation of the events leading up to the vote (via Kos).

     
    The foundation of the Heritage Foundation's future

    Also, via PoliticalWire, the NYT ran a must-read article detailing the efforts of the Heritage Foundation's internship program.

    See also Matthew Gross' thoughts on the article.

     
    Today's dose of Gov. Mark Warner (D-Va.) news:

    Via PoliticalWire, Gov. Warner says he will not pursue a presidential bid until after he leaves office on January 15, 2006.

    Monday, June 13, 2005
     
    Tomorrow is Flag Day...

    as established in 36 U.S.C. 110. The Library of Congress has some related information (and links) here.

    The Flag Code, which governs the display and care of the flag, can be found at L.I.I. and/or FindLaw.

     
    U.S. Supreme Court

    Two Supreme Court decisions announced today relate to racial bias. JURIST provides this launchpad.

    SCOTUSblog has this summary of where the Term stands; for further detail, an updated version of G&H's Merits Docket can be found here.


     
    Over at HowAppealing

    Howard Bashman has several posts which cover the developments out of the Eighth Circuit regarding an ethics complaint filed against a Sixth Circuit judge based on the judge's involvement with a "libertarian" think tank (which enjoys significant corporate ties/funds).

    The complaint, filed by the Community Rights Counsel, was dismissed by another judge last week for lack of merit.

    Mr. Bashman links to today's editorial in the WSJ which, not surprisingly, praises the decision.

    ALSO at HowAppealing: (1) a post on a decision out of the Fourth Circuit regarding a law student's migraine headache during the administration of a final exam; and, (2) one t-shirt ("homosexuality is shameful") wearer's day in court.


     
    PATRIOTism

    I'm not sure how but I missed any mention of Rep. Sensenbrenner's (R-Wis.) abrupt termination of the House Judiciary Committee's hearing on the reauthorization of the USA PATRIOT Act.

    There is plenty of coverage of the incident (Post-Gazette article) but JURIST has the video to entertain (or disgust) us.

     
    When is a bolo tie not a tie?

    If you had better things to do this weekend, you may not have heard the story which could be this graduation season's requisite controversy.

    The WaPo reported Sunday that officials in Charles County, Md., denied a Native American student his diploma because the student chose to wear a bolo tie rather than a "traditional" tie in compliance with the dress code which required that male graduates wear a tie under their gown.

    After reading the article, Montana Gov. Brian Schweitzer (D) called the newspaper to express his viewpoint, stating, "In Montana and anyplace in Indian country, a bolo tie is dressed up," adding, "A tie is a tie."

    I mention this as an excuse to link to this post at BullMoose. Bull uses this an another example of an opportunity for Democrats to get their priorities straight.

    Actually, this is all an excuse to mention the last line in the post: "More bolo ties and less Ben and Jerry's."

    RELATED: CNN has this story of a teen who launched his own line of neckwear in response to his school's tie-requiring dress code.

     
    Dem. Govs in '08


    Jerome at MYDD.com has this post where he seems to understand the situation which faces the national Democratic Party leading up to 2008: the need to bridge -- rather than deepen -- the blue-red state divide.

    The bottom line: "I believe that a 'purple state' ticket has the potential to not only win, but to marginalize the Republicans as a regional and extremist party.

    P.S. You want names? He names Govs. Mark Warner (Va.) and Bill Richardson (N.M.).

    P.P.S. In the coming days some may spin today's announcement that Philadelphia will host the 100th meeting of the National Governor's Association (NGA).

    By the way, the chairman of the NGA is none other than Mark Warner (Va.).

    Former chairs include Bill Clinton (1986-1987), John Ashcroft (1991-1992), and Howard Dean, M.D. (1994-1995).


    - posted by C @ 4:22:00 PM
     
    Attn: Voters!


    Tomorrow, June 14th, is (primary) election day in the Commonwealth of Virginia [WaPo voter's guide].

    On the ballot in Northern Virginia are a host of young PAC-funded conservatives challenging incumbent delegates on a single-issue: taxes.

    The voters in one district in particular have been innundated/swamped with phone calls, direct mail, door-knocking, and the ubiquitous yard signs. Today's WaPo includes this article about that race.

    It is races like these that bring to mind Mario Cuomo's quote, "You campaign in poetry, you govern in prose."

    The lack of experience enables a challenger to speak in flowery promises while the battle-hardened, knowledgable incumbent is left to fight promises with reality. Unfortunately, reality does play as well politically on a flier or over the phone. But neither does naivete in the statehouse.


    - posted by C @ 2:10:00 PM 0 comments
     

    NationalJournal's Stuart Taylor, Jr., on the implications of SCOTUS's marijuana decision: here.

     

    Too Funny.

     
    Over at Volokh

    Prof. Kerr has a 4th Amendment "puzzle" as a prelude to his forthcoming article on the subject.

    Number of Blawging Prawfs passes 100.

     

    This essay by Jeffrey Rosen in the NYTMag discusses the role of (unelected) judges and it looks quite interesting.

    [HowAppealing.]

     
    Git Mo'

    Three items of interest regarding Guantanamo Bay:

    This article reveals the allegation that some held at GITMO are minors; it appears Monday in the NYT.

    Carl Hiassen writes this column in the Miami Herald.

    The WaPo reports here that there are no plans to close GITMO. The Post also has a two part feature on the application of the USA PATRIOT Act and immigration law (including analysis of arrests versus convictions): parts one and two.

    [Via HowAppealing.]

    Saturday, June 11, 2005
     

    ACSBlog has this post on the statements made by a Texas mayor about the brutal assault on a mentally retarded black male. The post includes a collection of other posts across the blogosphere on this despicable situation.

     

    Reuters is reporting that the USDA is conducting further tests on a suspected case of mad cow.

    See previous.

     
    An Army of Too Few

    The Army buried the release of its review of recruitment in the Friday newscycle. Today's WaPo has this article on the woes of Army recruitment which may become a(n even more) serious problem in light of the situation in Iraq, etc. [sigh]

    I was particularly struck by the comments of a former (?) Pentagon official who was interviewed for NPR's All Things Considered yesterday (audio can be found here). He emphasized the need for a total overhaul of the recruitment strategies, which still employ Cold War-era incentive structures to try to woo soldiers who face a very different set of options and decisions.

     
    "Alms, please"

    Good for the G8. They appear to have reached an agreement to cancel some of the debt owed by the third world.

     
    If there is any doubt...

    I know hardcore uncompromising "liberals" won't like this, but Rasmussen's research shows the clear path for the Democratic Party in choosing its next presidential nominee.

    As Taegan reports here, a liberal Democrat nominee is in (yet another) "toss-up" election with a Republican nominee. However, if both parties nominate a moderate, they have a 42% to 38% advantage automatically.

    The advantage for Democrats increases to 46 - 35 in a situation where Dems nominate a moderate and the GOP nominates a conservative (not a stretch of the imagination). By the way, if the Democrats nominate a liberal and the GOP counters with a moderate, GOP advantage 44 - 36.

    One thing I would mention quickly is that what distinguishes a liberal, moderate, or conservative candidate is not terribly obvious. However, it is very important to remember that it is not what a candidate truly is or how they would govern but rather how they are perceived by the electorate.

    As I indicated up front, there is great debate -- and it will only intensify as we approach the midterms in 2006 and the presidential election in 2008 -- in and about the Democratic Party's direction in choosing its candidates. There is great anger building on the part of certain segments of the party at the idea of nominating a moderate; the oft used nickname is "Republican Lite." There are merits to both sides and I do not believe the assertion that a moderate-by-name must be a person who does not share the progressive values of the Democratic Party. I think the Party can find a candidate that is both popular within and outside of the inner circle of party loyalists.

    Bottom line: the Party must come to terms with whether it wants to win elections with broad support or whether it would prefer to lose but do so in an ideological flourish. Hence, my mention of uncompromising in the first line of this post.

     
    The Deuce


    While at the College for my brother's graduation a few weeks back, I heard a very funny line that has stuck with me. It came up again last night and I thought I'd share it.

    Delivering remarks to graduating seniors the night before commencement, a professor noted that the students at W&M are a different breed of young people.

    As an illustration, e quipped that the students even referred to C-SPAN2 as "the deuce."

    Classic.


    - posted by C @ 7:32:00 AM 0 comments
     
    "Paging Doctor Dean..."

    There is much to write on Gov. Dr. Chairman Howard Dean, M.D.,'s comments on the Republican Party's membership and, perhaps, I will do so...but not right now.

    I just wanted to mention the comments made by one of my favorites, Rep. Harold Ford, Jr. (D-Tenn.), on Imus.



    Via Instapundit.

    UPDATE: BullMoose brings in the response of another one of my favorites, Sen. Barack Obama (D-Ill.).

    Also note that BullMoose and I shared the same glass of wit this morning as indicated by the final line of his post:
    "In the meantime - paging Doctor Dean - please call Senator Obama for a consult ASAP." Emphasis added.

    Friday, June 10, 2005
     

    I'm in the process of evaluating what links to list to the right (literally, not politically). As you can see, I've taken down (all but one of) the links I've previously listed in an attempt to start fresh.

    The problem is that I have more than 50 sites that I visit each/every time I open my computer (and many more that I check on a daily basis). While many bloggers see no problem listing hundreds of links, that seems to defeat the purpose.

    To make things worse, I am aware that to whom you link says a great deal about yourself. Much care must be taken and any suggestions are welcome.

     
    Psst...It's Friday Spies©

    I seem to find new blogs/blawgs everyday. A few weeks ago I found BeggingTheQuestion. Although I am still trying to catch up with their blogging idiosyncracies and/or traditions, I enjoy their weekly feature, FridaySpies©. Which, as best I can tell, is a blog-friendly version of the good ole days when "surveys" would be sent around via email to friends and strangers alike and through these rudimentary Q&As you would learn more about your friends, yourself, and the world around you.

    Here is this week's FridaySpies© (with my answers included):

    1. What is the earliest movie you remeber watching in the theater?
    My first instinct was to say The Fox and the Hound (Disney). But, upon further review, I believe my first theater experience to be Fantasia. My initial reaction can be explained as it is a much more positive memory especially considering it was then that I met my long-time companion, Sour Patch Kids, and his sidekick, No-Taste-For-Three-Days. As the story goes, my trip to see Fantasia was one marred by great fright on my part and that of my brother. We did not stay to see the full-length feature.

    2. If you could strike one word from the English language, which word would you shoose and why?
    I am led in so many directions by this question. The ubiquitous "like" that has found its way into each and every sentence of most persons age 30 and younger (except those who have undergone endless hours of therapy) is a prime candidate. There are more proper and appropriate words for use in supplanting "like" in its legitimate uses (e.g. "just as," "similar," "enjoy his/her company but don't quite love") and its illegitimate use should be punishable by lashing. In the interest of full disclosure, I know that I, too, often fall prey to using "like" as a nervous filler in conversation. That, however, does not make it excusable.

    3. If you were a superhero, what would be your kryptonite?
    I could be romantic and no doubt should say, "my wife." It is true that she brings me to a standstill; sometimes it is her beauty, her wit, her intelligent grasp of complex issues, or her laugh that weakens my knees and would render any superhero powerless. But on a more practical level the question becomes more difficult to answer. There are things which cause a pause in progress towards a better "me" -- if I can interpret the question in such a way -- such as the smell of good buffalo wings or a West Wing marathon on Bravo.

    4. Would you rather win an Emmy, Grammy, Tony, Golden Globe, Oscar, Pulitzer, or Nobel Prize? What work would you win it for?
    I do not believe there is a more significant honor than to receive a Nobel Prize. I would hope to win the prize for work in human rights as a prosecutor before the International Criminal Court.

    5. What is your catch phrase? Don't have one? Then make one up!
    "n. An often repeated word or slogan." (Webster's II New College Dict. 176) When I was in high school, I would have been told my catch phrase was "carpe diem." Unfortunately, time and its way of making us less spontaneous have nearly removed that phrase from my lexicon altogether. Sadly, I cannot remember the last time I thought it let alone said it aloud. Nowadays, I imagine that if you were to ask those around me that my most "often repeated word or slogan" would be "google it." That says it all, now doesn't it. [BONUS: can you find the source of this song lyric?]

     
    And so it continues...

    "Not-Santorum" and senate candidate, Bob Casey, was one topic at a meeting of abortion activists [article]. I say "abortion activists" because, judging by the priorities espoused by the participants, this is not a meeting of the minds...it's a seige.

     
    Next on the auction block...

    Big Bird. Evidently, there is nothing holding us back from axing funding for Sesame Street and similar programs.

    Via TPM.

    UPDATE: WaPo has this article on Congress' attempt to pillage the funding of public broadcasting.

     
    Warner encourages moderation

    A man whose name has surfaced in the pool of potential Democratic presidential candidates, Virginia Governor Mark Warner, is the subject of this article in the LAT.

    Gov. Warner's remarks suggest the Democratic Party's need to reconnect with moderate voters especially those in small towns and rural areas. Amen.

    UPDATE: The NYT has this article on Waner's activity, as does the Richmond Times-Dispatch here, and WCAV-TV here.

    Thursday, June 09, 2005
     
    Books

    I bought a book (article) tonight that I hope to start in a few days, just as soon as I finish this book.

    My wife, who just recently finished Reading Lolita in Tehran and My Enduring Love, stuck with her theme and bought The Bookseller of Kabul.

    These books also caught my eye: John Brown: Abolitionist, The Authobiography of Medgar Evers, and Christopher Hitchens' Thomas Jefferson: Author of America.

    P.S. In grabbing links for the above paragraph, I found another book, Cloudsplitter, which is a fictional story based on the live of John Brown's son and is written by the author of The Sweet Hereafter.

    UPDATE: Via Jeremy, Sunday's NYT included an Alan Dershowitz review of In the Shadow of the Law [Amazon].

     
    Muzak

    I bought some music tonight. It is truly amazing how music has an inherent power to transport me back in time. Notwithstanding Old Spice commercials on TV, it may be the strongest sense tied to memory.

    As I am sure is true for you, there are some songs, bands, and albums that evoke strong memories; memories of joy, freedom, and deep sadness. Occassionally, you stray too far from your memories and it often takes music to remind you of who you were and what you once believed life to be.

    I experienced a wave of this nostalgic awakening this week and availed myself of the afore-linked technology (which, by the way was not around when I last listened to this music) to take a trip back in time.

     



    Via Solove's retrospective on his first month of blogging.

     
    Concerns: Mad Cow

    Here's an entry over at Hardball's blog on the issue of mad cow disease in the U.S. beef supply.

    UPDATE: It may be here already: Reuters.

    Wednesday, June 08, 2005
     
    Uh-oh

    A new WaPo survey shows that a majority of Americans say the nation has not become safer as a result of the invasion/occupation of Iraq. [link] In addition, the president's approval rating hits an all-time low (again).

    UPDATE: BullMoose has some thoughts on the numbers and the Republican base.

     
    Keystone Poll

    A Keystone Poll released today [.pdf] shows Bob Casey (D) leading his opponent Sen. Rick Santorum (R) 44 % to 37% which is a significant spread considering March's Keystone Poll found the 2006 race to be a dead-heat.

    Wednesday, June 01, 2005
     

    Check out the QandO Blog for some thoughts on torture and prisoner abuse. [Pointer: Instapundit via Volokh]

     
    Why I Write

    ...as told by

    Eric Muller;

    George Orwell

    [Pointer: Volokh]

    I plan on providing my own answer...when I get a chance.

     
    (Your Name Here) Law Review

    Start a new law review [here] [Pointer: Volokh]

     

    AHA! PrawfsBlog (In response to myself)

     
    Saletan on Blackmun

    As a follow-up to my post yesterday (here) on J. Blackmun and his critics, here is another take on the justice's legacy which is examined and recounted in Becoming Justice Blackmun.

     
    Santorum

    I forgot to post on the NYT Magazine profile-piece on Sen. Santorum. Not an unfair piece, I would say; elements of the article show a more human side.

    I mention it today because there is an essay on National Review's website that speaks of the importance of Sen. Santorum's reelection. I rarely, if ever, will link to National Review articles...but, I couldn't agree more on the importance of this particular campaign. By the way, Casey is the opponent.

     
    Hip-hopping over HIPAA

    NYT reports (here) that a judge in Indiana has ruled that Planned Parenthood must show the state Attorney General the medical records of 80 young women.

     
    "Prawf"?

    By the way, if the blogosphere calls a "law blog" a "blawg"; should "law prof" be "prawf"?

    UPDATE: here.

     
    FindLaw commentaries

    Sherry F. Colb, Rutgers lawprof (bio) and FindLaw columnist (bio/archive), has posted an essay on the implications of the Court’s recent ruling on shackling capital defendants during sentencing.

    Also at FindLaw, UWash lawprof Anita Ramasastry (bio; FindLaw archive) has posted an essay on the proposed extension/changes/additions to the USA PATRIOT ACT (text via EPIC).

     
    The Soul of a Megafirm

    Law.com addresses a trend which finds lawyers "fleeing" the ultra-large firms (article).

     
    Super Size Me

    If you haven't seen Super Size Me yet, your doctor will likely prescribe it. It is an amazing visual accompaniment for books such as Fast Food Nation, Diet for a Small Planet, etc.

    Apparently [Pointer: Blachman], the film's director -- Morgan Spurlock -- has written a book entitled Don't Eat This Book.

     
    "Charlie!"

    For fans of The West Wing, this perspective on the real-life personal aide to the President (See Charlie Young) may be of particular interest. [Pointer: Blachman]

     
    Vote for Brownback. Amen.

    George F. Will writes about Rep. Sam Brownback's plans to gird himself with the armor of evangelicals. [Pointer: MyDD]

     
    Corruption on Capitol Hill? Impossible!

    These days, allegations of corruption on the part of Members of Congress are as common as pollen in the air; less common than only an immediate denial and cover-up. The American Prospect has a profile of four U.S. Reps. "who deserve special mention -- and, in certain instances, criminal investigation.


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