Monday Morning Open Thread

"Catholic Pagan" - Surfer Blood

So what's on your minds?  I'm in the middle of about three different posts, trying to get ready for work, and battling a cold and an eye infection.  Life is sweet.  (Naturally I have a union function to attend this evening.)

Comments

[litbrit]

Dude! You come up with some surprising YouTubes. Top 'o the morning to you, too.

We are finally getting some rain, and I have all the window blinds drawn back so the pale gray light can fill the apartment and I can see the city, just barely, poking its rooftops and domes and church spires through the sheets of rain. Gorgeous. But then, I happen to like weather.

Sad news this morning: Ronnie James Dio has died.

Son One will be heartbroken.

School is out after next week--I think Thursday is their last day. We have no plans for summer, not yet, just lots of guitar lessons and tennis for the youngest two and, I'm sure, plenty of cold watermelon, late nights, and late mornings, which is exactly the way things should be when the temperatures climb toward triple digits.

I can't wait.

[Sir Charles]

I know -- music by children I tell you.

It's grey and rainy here too after a beautiful weekend. We seem to be alternating between lovely warm days and cool and rainy ones with some regularity -- it will only get to about 60 the next two days and then will hover back toward 80. Hard to know how to dress from day to day.

The end of school is always welcome. I find suggestions of eliminating summer vacation to be fighting words.

The oil spill news didn't sound all that good today. Nor did a report I heard on Afghanistan. I don't really envy Obama.

[oddjob]

We had a spectacularly beautiful weekend - the sort that makes you glad to be alive (or wishing you lived in the Bay Area) - and today is another of the same. Last I checked (yesterday) next precip. isn't due until tomorrow eve.

[Eric Wilde]

Riding the morning rail to the office. Looking forward to finally hiring some folks today instead of laying off.

[big bad wolf]

i still miss summer vacation. it's true that "summer vacation" usually meant working two jobs, instead of school and one job, but it was a change of pace.

i shall be curious to see if greenwald comments on today's decision in u.s. v. comstock. it's one of those tension cases---an arguably good end but a questionable legal theory that tends to further blur, if not erase, the limit on what the government can do. the breyer-written majority opinion is, i think, exactly where kagan would be.

i shall also be curious to see if roberts and alito who voted with the government (alito concurring) flip to the anti-government side when the question is social/environmental legislation, rather than locking someone up.

[Prup (aka Jim Benton)]

I'll also be curious to see the response to the Graham decision, barring 'life sentences without parole' for juveniles convicted of crimes other than homicide. It was a Kennedy-written decision, and I still am seeing a revulsion at Republican tactics moving him more reliably to the 'bright side.' Not totally, but enough so that I can see a Thomas or an Alito resigning rather than becoming part of a permanent minority. (Roberts likes being Chief too much, and I can see Scalia McReynoldsing until the end.)

[Prup (aka Jim Benton)]

A book recommend. I literally just started CONSERVATIVE RESTRAINTS:North Carolina and the New Deal by Douglas Carl Abrams and the introduction alone is worth it. (It's yet another reason I'm glad I joined Questia.com, btw, because it's probably out of print and might only be available at college libraries and the like, and would never turn up in the type of second-hand book stores that remain. But I was curious about Sen. Robert Reynolds (D-NC) who some people say might have been the choice for Fuhrer if America had 'gone Nazi' in the 30s, did a search, and this turned up.)

I'm reading ahead as I write, and I would think a lot of you -- and particularly Sir Charles, with his interest in union history -- would enjoy this one if you can find it. If anyone's interested, I'll include some quotes and commentary as I go along.

[Prup (aka Jim Benton)]

I'll try to restrain myself, but this one stopped me. Even though my Progressive-oriented (Catholic) High School textbooks taught that the 'Australian' -- i.e., secret -- ballot was one of the great Progressive triumphs, it still comes as a shock to discover it was only instituted in NC in 1929 -- no, that's not a Prup typo.

[kathy a.]

the decision on juveniles is nice!

had to go someplace this morning, and it of course started raining AGAIN. been a rainy winter, and it is usually dry around here by now.

[MR Bill]

Spent a frustrating day trying to line up some work: have to return to the Leaning Cabin (me and Ol' Sarge were able to pull a 30 year old log cabin back onto it's piling and get it stable, adding a carrier beam to hold the floor in place..) to replace old fashioned single pane puttied windows...
And hope to get a bid on a zipline project,one of these tourist attractions where they put you in a harness and ride you down a cable at speeds approaching 70 mph. (It seems to me the real money is to be made selling some sort of disposable undergarment to prospective riders, but I digress.) The site is on 'Ol Sarge's family property, some half a mile down a ridge right beside the Appalachian Highway to a pasture where horses run. They need a couple of decks (think launch and landing pads) and interior finishing on the building Sarge's mom is renting them. And there is some other work out there, but new building has definitively reached pre boom levels, of 10-20 houses a month.
I may take a part in the play "I Hate Hamelt" (as the Ghost of John Barrymore), but will have to see. Might get a job washing dishes at a restaurant of a friend, if nothing else emerges.
It will be a year since my home burned in 10 day...
I'm reasonable healthy, and have friends and allies, and my beautiful children are doin' ok, Ross paying for his own college with scholarships, daughter Sarah married and employed (hating the job, but what the hey), and I have a guy who loves me and is as much help as he can be, for a man trying to get on SSI disability for a seizure disorder.

Prup, I always thought Huey Long was closer to 'America's Hitler'...

[Sir Charles]

bbw,

Shouldn't there be a cliche saying that child molestors make bad law. My sense of Comstock is that the Court did not address the due process issues and that those could cut against this notion of indefinite confinement.

Jim,

I thought that Graham was a nice outcome. It's amazing to see how many of those juveniles sentenced to life cases came out of Florida -- it looked like it was more than half of them.

And I must confess my complete ignorance of Senator Reynolds. I really know nothing about the man, although the basence of a secret ballot in NC doesn't totally shock me.

MR Bill,

Good luck to you. It's not an easy time to be landing work in your field.

I suspect I would demur with respect to the zip line. 70 MPH would intimidate me -- and I hate having childish accidents.

This has been the most abysmally wasteful of days as I grappled with a virus in the eye and one on the computer. Many hours wasted in the process.

[Prup (aka Jim Benton)]

Wonderful to see you back, MR Bill, and it is as awesome to see your 'fighting cheerfulness' -- particularly to me, who has been known to 'like some whine with his cheese' -- as it is sad that circumstances forced you to find that within you.

As for the Longs, I am still not sure what I think of them, but neither of them were fascists. The simplest defense was to point out that -- at a time and in a place when racism was generally acceptable and respectable, and despite the fact that his main lieutenant, Gerald L. K. Smith, was later to be a major race-baiter and anti-semite, Huey refrained from race baiting his entire career. (There may have been small slips, but the same could have been said about even Lincoln.)

There are further arguments in his defense -- including his violation of the 'Fuhrer prinzip' since he never claimed to have some mystical attachment to the spirit of the American people that would make him 'always right.' Instead he did seek support based on his programs, not on himself.

[Prup (aka Jim Benton)]

I am just learning about Reynolds myself. I knew the name, had seen quotes by him in THE ILLUSTRIOUS DUNDERHEADS, the collection of pro-Nazi and Isolationist quotes and votes from all the sitting Congressman of the time compiled by Rex Stout -- yes, the creator of Nero Wolfe. But so far he's only appeared as pretty much of a typical Southern Clown-Demagogue -- he apparently invented the line against his opponent "He's in Washington eating Russian fish eggs instead of good North Carolina hen eggs."

I'll report as I learn more, but I had an update that screwed things up a little and am, as usual, way behind on tv watching -- the problem with a DVR is that it only stores 100 hours, and we try to keep at least 30 free, and TCM has LOTS of great movies. And tonght I'mm planning a meatloaf that will take chopping and preparation -- I make a 5 layer one with chuck, veggies, round, potatoes, and chuck, with layers of mushrooms and greens included as well. So as usual, may be late on other obligations -- also trying to get the house more in order before my knee surgery in (hopefully) early June.

[Prup (aka Jim Benton)]

Another topic tossed out there. Obama has apparently used the oil spill as a reason to shake up

the Minerals Management Service, the agency within the Interior Department responsible for offshore drilling. In the Bush/Cheney era, MMS became one of the most corrupt government agencies in American history, embracing an anything-goes atmosphere that led to literally Caligula-like corruption and debauchery -- including federal officials trading cocaine and sex for lucrative oil contracts. (h/t Steve Benen)

[kathy a.]

oddjob, are you near SF? 'cause if so, that rain came early. i should not be grumpy because we can use the water, and it's keeping things nice and green. but those sunny days lately sure were nice.

MR Bill -- wow, you sound busy! sorry about the crappy anniversary coming up, and hope more work comes in.

prup -- that sounds like a good shakeup.

[Eric Wilde]

oddjob, I thought you were on the East Coast.

kathy a., looks like we're neighbors. You live in the SF Bay Area as well?

[big bad wolf]

SC, it may be that that proposition is so obvious that it doesn't even need a cliche. child molestors aren't even popular with we criminal-loving defense lawyers. :)

i am doubtful that the due process challenges will amount to much, and, sadly, that the due process afforded will amount to much. the court has already approved state indefinite confinement laws. that leaves the application of the procedure, a very important component of the rule of law, but procedure can be more form than substance---we gave you a hearing and then we decided against you. sure, it wasn't much of a hearing, but i mouthed all the right words about fact-findings and credibility and now i will be affirmed by the appellate court. on top of that, the bureau of prisons staff rarely makes a recommendation that goes against the government. (they may not all be park dietz or james grigson, but . . .).

that said, i am not necessarily against these laws in the state, but i do think the state laws were sufficient and that the expansion of the necessary and proper clause in comstock, and it was an expansion whatever breyer says, was incorrect. oh well. even for social/environmental issues this may be a pyrrhic victory---the concurrences reserve the right to limit federal power in non-criminal contexts, and i can't believe roberts won't switch in a heartbeat when the persons being limited are corporate persons.

[kathy a.]

howdy, neighbor! i'm pretty sure there is more than one bay in teh country. but you know how provincial we bay area people can be.

[oddjob]

oddjob, are you near SF?

I live on the coast, about ten miles north of Boston.

If I knew I had a job to go to that would allow me to live as I wished to, in a part of the Bay Area where I wished to live, I would move there yesterday without thinking twice about it.

There are only a handful of weeks in the Boston area where we have the Bay Area's weather. We are in one half of that handful of weeks right now (the other half occurs very roughly between Labor Day & Halloween), and this past weekend (& the end of last week) was a stretch of days with cloudless skies and high temps. in the upper 60's or low 70's.

The rest of the year the weather is either notably warmer or notably colder. (Oh, we also don't get fog on an almost nightly basis. ;) )

[oddjob]

SC, it may be that that proposition is so obvious that it doesn't even need a cliche. child molestors aren't even popular with we criminal-loving defense lawyers.

The rights inherent to child molestors as American citizens are one of the reasons I am so sure I could never be a judge! What do you do with someone who even after they have served their time is extremely likely to commit the same crimes or worse yet again, while at the same time recognizing and enforcing the very real need to prevent the state from abusing its powers in the name of the safety of minors and the public good (all while the public only cheers on the state and wonders why it doesn't abuse its powers more than it does)?

[Sir Charles]

oddjob,

Don't be bringing that complex shit around here -- I'll alert Greenwald.

[oddjob]

LOL!

Touche.

[oddjob]

(BTW, I tried adding the appropriate "acute" mark, but for some reason the HTML code I use for that didn't work here.)

[litbrit]

I agree! I agree with all of you! About everything! Smile, wink, etcetera.

[kathy a.]

so, you ever wonder how a single teen mother can get by in this cruel world? she can go on the road giving speaking appearances for $15,000 to $30,000 each. i don't see how this wouldn't work for all single teen mothers.

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/05/17/entertainment/e194117D91.DTL&tsp=1

[oddjob]

i don't see how this wouldn't work for all single teen mothers.

Indeed...............

It's a terrific source of income - as long as there's a theater full of people somewhere who are willing to pay to hear what you have to say...............

For all the others like you (except for the notoriety)?

Not so much....................

[Prup (aka Jim Benton)]

Another OT comments, but I can't resist. I was 'decompressing' from commenting, cooking, and housework by strolling over to one of my favorite porn sites, and came across a line I had to quote. It's from the Nifty gay porn site by a writer named Karl Austerlitz.

The first few times I didn't think anything of it, but eventually one night it dawned on me that Gene's affection for me was of the kind that, as we used to say, dare not speak its name. (Now it's the love that just wont shut up about itself.)

With that, Goodnight!

[Sir Charles]

kathy,

Jesus, it's "The Grifters: Part 2." What a great lesson that kid is learning.

Jim,

That's very funny.

[kathy a.]

this is horrifying -- the cops who shot the 7 year old in detroit were accompanied by a reality show film crew, who taped teh whole thing. and an attorney who saw the tape says it clearly shows she was shot from the porch, NOT accidentally following an altercation with her grandmother [which is the police story]. http://www.washingtonpost.com/wp-dyn/content/article/2010/05/17/AR2010051700703.html?hpid=moreheadlines

there were already all kinds of questions about a heavily armed nightime raid on a house where children clearly lived, and the use of a stun grenade in that situation.

the cops are denying that the presence of the film crew influenced their actions. yeah, right. apparently they were looking for some dramatic footage, but you've got to wonder -- if the suspect was dangerous enough to warrant a dramatic armed takedown, why would the cops invite the TV crew into the line of fire? seems to me the fact the crew was there seriously undercuts their protests about the dangerousness of the suspect.

and oh.my.god. if it is true that the cops put out a completely false story framing the shooting as a tragic accident -- when actually the shot was fired from outside, rather than in the heat of some entanglement with the grandma -- that's some heavy shit.

it's not that uncommon for police to twist things a little in their reports, or even to outright fabricate, but pretty rare to have that exposed by videotapes of the event. they are generally in pretty good shape if it boils down to the word of cops vs. the word of defendants or people related to "the criminal element."

[Joe]

Off topic: Sir C, did you notice that your two greatest liberal blogger nemeses are involved in an heated argument. I speak of none other than Yglesias and Greenwald. It should be better than Godzilla v. Mothra.

[Sir Charles]

Joe,

That's excellent -- but surely the citizens of Toyo will suffer as a result!

The funny thing is that I agree with both of them a pretty significant amount of the time, especially Yglesias. I like to tweak Matt over his blind spots and omissions -- my critiques of Greenwald are harsher I think because to me he represents a potentially very bad tendency on the left to promote fragmentation and apathy.

Here I think Matt is largely right -- if there was a big political push for greater civil liberties in these circumstances Obama would be much bolder. But Greenwald is also correct that leadership on some of these issues could bring the public around. I am think particularly about the issue of civilian trials, which I do not think are a hard sell.

One of Matt's frequent commenters, Joe from Lowell has a pretty good summing up of Greenwald on these issues:

"Greenwald hasn’t the slightest interest in politics as the art of the possible, but in outlining his vision of good government – which is fine. We need that vision. The problem is that his disinterest in political reality leads him to ignore the role such concerns play in other people’s thinking and writing and actions, so he reads the compromises they make and the middle courses they chart as if they reflect others’ vision of good government, and then criticizes them as such."

[Sir Charles]

Joe,

I forgot to mention Greenwald's hopeful invocation of Rand Paul as a possible ally in the civil liberties fight. Jesus.

[Joe]

The bloggingheads episode with Lessig actually clarified my thinking on Greenwald, and I understand him much better as a result. Greenwald is not solely making a civil libertarian critique of the Obama Administration.

A second aspect of his criticism is the traditional William Jennings Bryant/early 20th Century Progressive argument that powerful private sector interests are preventing individual liberty/happiness through corruption and control of the state governments. In many ways, it is related to the public choice theory of administrative agency capture writ large and applied to capture of the Federal government generally.

Obama also sees this problem and campaigned to work to solve it.

I actually agree with Greenwald as to the diagnosis but disagree with the proposed treatment. Greenwald would like to replicate the bipartisan early 20th Century progressive movement to clean up and change Washington. I believe Greenwald's proposed allies (Teabaggers, radical Libertarians) are unsuited to this project, because they really don't care about corporate power (whatever they say in public). The Teabaggers primarily care about maintaining White Supremacy, and the radical Libertarians have never been overly concerned with private concentrations of power.

[Sir Charles]

The notion that there is any common ground to be had with the tea baggers and the libertarians is just silly.

As for the concerns regarding concentration of power, it seems to me the solutions would be in the area of campaign finance reform through public financing, restrictions on corporate speech, and the development of more grass roots activism that stresses state and local involvement.

[Joe]

That second paragraphs should read: ". . .through corruption and control of the Federal government and state governments."

[Joe]

The problem is that Greenwald takes the rhetoric of these people (Teabaggers) seriously- which is just really dumb. There's a reason these people make no sense and it's because they know that the true source of their resentments can't be stated openly anymore. A curbing of corporate power in this country is only going to come from a left-leaning coalition (i.e. from within the Democratic Party).

[Prup (aka Jim Benton)]

I hope to get into the serious discussion here later or tonight, but just heard this, and, given the composition of COG, had to pass it on. It's from Judge Marilyn Millian on today's PEOPLE'S COURT:

"Oh, you are the lawyer. I could smell lawyer in the air, I just coudln't tell where it was coming from.

[Sir Charles]

That's very funny.

I'm going to a Madoff related hearing this week -- I suspect the odor of lawyer will be overwhelming.

[kathy a.]

LOL prup! this cuts both ways, of course, but people don't usually suspect i'm a lawyer until someone tells them. i look at the bright side and hope that means i didn't pass the course in being a professional asshole.