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Public Service Announcement

Washington Post: "Americans can again order free rapid coronavirus tests by mail, the Biden administration announced Thursday. People can request four free at-home tests per household through covidtests.gov. They will begin shipping Monday. The move comes ahead of an expected winter wave of coronavirus cases. The September revival of the free testing program is in line with the Biden administration’s strategy to respond to the coronavirus as part of a broader public health campaign to protect Americans from respiratory viruses, including influenza and respiratory syncytial virus (RSV), that surge every fall and winter. But free tests were not mailed during the summer wave, which wastewater surveillance data shows is now receding."

Washington Post: “Comedy news outlet the Onion — reinvigorated by new ownership over this year — is bringing back its once-popular video parodies of cable news. But this time, there’s someone with real news anchor experience in the chair. When the first episodes appear online Monday, former WAMU and MSNBC host Joshua Johnson will be the face of the resurrected 'Onion News Network.' Playing an ONN anchor character named Dwight Richmond, Johnson says he’s bringing a real anchor’s sense of clarity — and self-importance — to the job. 'If ONN is anything, it’s a news organization that is so unaware of its own ridiculousness that it has the confidence of a serial killer,' says Johnson, 44.” ~~~

     ~~~ Marie: I'll be darned if I can figured out how to watch ONN. If anybody knows, do tell. Thanks.

Washington Post: “First came the surprising discovery that Earth’s atmosphere is leaking. But for roughly 60 years, the reason remained a mystery. Since the late 1960s, satellites over the poles detected an extremely fast flow of particles escaping into space — at speeds of 20 kilometers per second. Scientists suspected that gravity and the magnetic field alone could not fully explain the stream. There had to be another source creating this leaky faucet. It turns out the mysterious force is a previously undiscovered global electric field, a recent study found. The field is only about the strength of a watch battery — but it’s enough to thrust lighter ions from our atmosphere into space. It’s also generated unlike other electric fields on Earth. This newly discovered aspect of our planet provides clues about the evolution of our atmosphere, perhaps explaining why Earth is habitable. The electric field is 'an agent of chaos,' said Glyn Collinson, a NASA rocket scientist and lead author of the study. 'It undoes gravity.... Without it, Earth would be very different.'”

The New York Times lists Emmy winners. The AP has an overview story here.

New York Times: “Hvaldimir, a beluga whale who had captured the public’s imagination since 2019 after he was spotted wearing a harness seemingly designed for a camera, was found dead on Saturday in Norway, according to a nonprofit that worked to protect the whale.... [Hvaldimir] was wearing a harness that identified it as “equipment” from St. Petersburg. There also appeared to be a camera mount. Some wondered if the whale was on a Russian reconnaissance mission. Russia has never claimed ownership of the whale. If Hvaldimir was a spy, he was an exceptionally friendly one. The whale showed signs of domestication, and was comfortable around people. He remained in busier waters than are typical for belugas....” ~~~

     ~~~ Marie: Oh, Lord, do not let Bobby Kennedy, Jr., near that carcass. ~~~

     ~~~ AP Update: “There’s no evidence that a well-known beluga whale that lived off Norway’s coast and whose harness ignited speculation it was a Russian spy was shot to death last month as claimed by animal rights groups, Norwegian police said Monday.... Police said that the Norwegian Veterinary Institute conducted a preliminary autopsy on the animal, which was become known as 'Hvaldimir,' combining the Norwegian word for whale — hval — and the first name of Russian President Vladimir Putin. 'There are no findings from the autopsy that indicate that Hvaldimir has been shot,' police said in a statement.”

New York Times: Botswana's “President Mokgweetsi Masisi grinned as he lifted the diamond, a 2,492-carat stone that is the biggest diamond unearthed in more than a century and the second-largest ever found, according to the Vancouver-based mining operator Lucara, which owns the mine where it was found. This exceptional discovery could bring back the luster of the natural diamond mining industry, mining companies and experts say. The diamond was discovered in the same relatively small mine in northeastern Botswana that has produced several of the largest such stones in living memory. Such gemstones typically surface as a result of volcanic activity.... The diamond will likely sell in the range of tens of millions of dollars....”

Click on photo to enlarge.

~~~ Guardian: "On a distant reef 16,000km from Paris, surfer Gabriel Medina has given Olympic viewers one of the most memorable images of the Games yet, with an airborne celebration so well poised it looked too good to be true. The Brazilian took off a thundering wave at Teahupo’o in Tahiti on Monday, emerging from a barrelling section before soaring into the air and appearing to settle on a Pacific cloud, pointing to the sky with biblical serenity, his movements mirrored precisely by his surfboard. The shot was taken by Agence France-Presse photographer Jérôme Brouillet, who said “the conditions were perfect, the waves were taller than we expected”. He took the photo while aboard a boat nearby, capturing the surreal image with such accuracy that at first some suspected Photoshop or AI." 

Washington Post: “'Mary Cassatt at Work' is a large and mostly satisfying exhibition devoted to the career of the great American artist beloved for her sensitive and often sentimental views of family life. The 'at work' in the title of the Philadelphia Museum of Art show references the curators’ interest in Cassatt’s pioneering effort to establish herself as a professional artist within a male-dominated field. Throughout the show, which includes some 130 paintings, pastels, prints and drawings, the wall text and the art on view stresses Cassatt’s fixation on art as a career rather than a pastime.... Mary Cassatt at Work is on view at the Philadelphia Museum of Art through Sept. 8. philamuseum.org

New York Times: “Bob Newhart, who died on Thursday at the age of 94, has been such a beloved giant of popular culture for so long that it’s easy to forget how unlikely it was that he became one of the founding fathers of stand-up comedy. Before basically inventing the hit stand-up special, with the 1960 Grammy-winning album 'The Button-Down Mind of Bob Newhart' — that doesn’t even count his pay-per-view event broadcast on Canadian television that some cite as the first filmed special — he was a soft-spoken accountant who had never done a set in a nightclub. That he made a classic with so little preparation is one of the great miracles in the history of comedy.... Bob Newhart holds up. In fact, it’s hard to think of a stand-up from that era who is a better argument against the commonplace idea that comedy does not age well.”

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Publisher & Editor: Marie Burns


Monday
Jun302014

The Commentariat -- July 1, 2014

Internal links removed.

A Rotten Day for Poor Working Women *

Lyle Denniston of ScotusBlog: "In an opinion filled with strongly implied invitations to file a new case to go even further, the Supreme Court, dividing five to four, ruled on Monday that public employees cannot routinely be required to join labor unions or to support them by paying dues. If state or local government workers who oppose unionism take the hint, this new decision may well spawn new lawsuits that could spell doom for organizing those workers for collective action."

Here's a statement by President Obama's press secretary criticizing the ruling.

Noah Feldman in Bloomberg View: "The unions averted, for now, a far greater disaster: the possibility that the court would reverse its precedent and hold that no public employees at all can be made to contribute to unions' collective-bargaining costs. That result could've broken many public unions. But the sword of Damocles still hangs over them." Feldman has a good, brief explanation of the case that informs Harris: Abood v. Detroit Board of Education. ...

Laurence Tribe in Slate: "... Alito and the conservative majority treated employees who were compelled to pay union fees as if they were being dragooned into involuntary association. This can hardly be described as a natural interpretation of the economic reality, much less the only plausible one.... Most broadly, Harris is the latest chapter in the troubling story of the Roberts court indulging attenuated constitutional arguments against economic regulation.... The Roberts court seems to be forgetting one of the principal lessons of constitutionalism since the New Deal: Economic policy should be made by legislatures, not courts." CW: Yeah, Larry, and what you are forgetting is that Johnnie & His Supremes find the New Deal abhorrent, & they fully intend to overturn it, bit by bit. ...

... Emily Bazelon of Slate: "... for people with disabilities who want to live on their own, and the workers who make that possible, it's a real blow." ...

... New York Times Editors: "... there was no mistaking the ominous antipathy toward collective bargaining and workers' rights behind Justice Samuel Alito Jr.'s majority opinion, which was joined by the four conservative members of the court."


Amy Howe of ScotusBlog explains the Hobby Lobby decision "in plain English.... Today's decision is an unqualified victory for Hobby Lobby, Conestoga, and the families that own them. The companies can provide their female employees with health insurance, and that health insurance can include access to some forms of birth control, but they are not required to violate their religious beliefs by subsidizing forms of birth control that they believe would make them complicit in abortions."

Molly Redden in Mother Jones: "Health care experts say [the Obama] administration can cover woman affected by today's ruling similar to how it currently covers women working for nonprofit, religiously affiliated organizations.... Indeed, the five justices who ruled in favor of Hobby Lobby made the accommodation a key piece of their decision." ...

     ... CW: That seems fair. We taxpayers pick up the tab for all of the for-profit companies that claim a religious exemption (70 have already challenged the ACA contraceptive mandate). ...

... BUT Lyle Denniston argues that Hobby Lobby didn't solve anything, as companies like Hobby Lobby are unlikely to file the necessary forms that would allow a (federally-subsidized) "middle man" or the federal government to provide contraceptive coverage. CW: Yay! More lawsuits in the service of injustice. ...

... Robert Pear of the New York Times: "Battles over health care and religious rights are sure to continue.... About 50 cases involving nonprofit organizations and a similar number involving for-profit companies are pending in federal courts around the country, and many of those plaintiffs intend to push forward with the argument that they should be able to opt out of providing or authorizing coverage that conflicts with their religious beliefs." ...

Wherein the part of Lucy is played by Sam Alito & the part of Charlie Brown by Barack Obama.... CW: Pear points out (as does Denniston) that non-profits have filed suit against accepting the Obama administration's "accommodation" to their religious beliefs. In the most prominent suit, that brought by the Little Sisters of the Poor, the Sisters claim that the accommodation requires them to "... deputize a third party to sin on their behalf." Here is where both Alito & Kennedy are too cute by half. They write that the accommodation for nonprofits would work well for for-profit corporations, too, never acknowledging that the very method they recommend is the subject of several pending lawsuits. (Update: Garrett Epps of the Atlantic: "... at oral argument Hobby Lobby's lawyer had refused to stipulate that his clients would accept it.") In this regard, Alito actually taunts the administration: "'We do not decide today whether an approach of this type complies' with the Religious Freedom Restoration Act for all purposes," he writes. In other words, we're recommending a way to remedy our ruling today, but we'll find that way unconstitutional next year.

Sahil Kapur of TPM: "The White House on Monday afternoon called on Congress to 'take action to solve [the] problem' created by the Supreme Court in its ruling that closely held corporations cannot be forced to comply with the contraception mandate under Obamacare. 'Today's decision jeopardizes the health of women that are employed by these companies,' White House spokesman Josh Earnest told reporters. He added: 'We believe that a company should not be able to assert their views to deny employees federally mandated coverage.'"

I will work with my colleagues and the administration to protect this access, regardless of who signs your paycheck. Since the Supreme Court decided it will not protect women's access to health care, I will. -- Sen. Patty Murray (D-Wash.)

Birth control costs about $600 a year. That financially impacts women; it prevents them from being able to join the middle class. Let's keep in mind, birth control has affected women economically positively since its creation, and this is going to turn the dial back. -- Rep. Debbie Wasserman Schultz (D-Fla.), Chair of the Democratic National Committee

Paige Cunningham & Seung Min Kim of Politico: "The Burwell v. Hobby Lobby decision deepened partisan division in Congress over the government's role in health care with Republicans praising the ruling for protecting religious freedom and Democrats panning it for intruding into women's health care decisions -- and promising legislation to try to restore the coverage." ...

... Karie Glueck of Politico: "Hillary Clinton on Monday called the Supreme Court's ruling in the contraception-related Hobby Lobby case 'deeply disturbing.'" ...

... David Firestone of the New York Times: "This was a political decision and it is absolutely proper for Democrats to use it as a weapon in the midterm election campaign. Minutes after the court ruled that closely held corporations have religious rights that permit them to deny contraceptive benefits to employees, Democrats made clear that they would use the case to remind women of the personal consequences of this kind of conservative ideology.... The court based its decision not on a Constitutional principle but on an act of Congress, the Religious Freedom Restoration Act of 1993. Acts of Congress can be overturned or changed if the right lawmakers are in place, and Hobby Lobby is a good reminder to voters that important policies are often not in the hands of nine justices, but in their own." ...

... Jeff Toobin: "When it comes to the most fundamental issues before the court, the most important factor is not the legal arguments but the identity of the judges -- and the presidents who appointed them."

... our decision in these cases is concerned solely with the contraceptive mandate. -- Justice Sam Alito, writing for the majority in the Hobby Lobby case. ...

... Kevin Drum: "Basically, [Alito is] making the case that abortion is unique as a religious issue. If you object to anything else on a religious basis, you're probably out of luck. But if you object to abortion on religious grounds, you will be given every possible consideration. Even if your objection is only related to abortion in the most tenuous imaginable way -- as it is here, where IUDs are considered to be abortifacients for highly idiosyncratic doctrinal reasons — it will be treated with the utmost deference. This is not a ruling that upholds religious liberty. It is a ruling that specifically enshrines opposition to abortion as the most important religious liberty in America."

** Ian MillHiser of Think Progress: "For many years, the Supreme Court struck a careful balance between protecting religious liberty and maintaining the rule of law in a pluralistic society.... With Monday's decision in Burwell v. Hobby Lobby, however, this careful balance has been upended.... The upshot of Alito's opinion is that, for the first time in American history, people with religious objections to the law will be able to ignore many laws with impunity unless the government's decision to enforce the law overcomes a very high legal bar that few laws survive." ...

... ** Scott Lemieux in the American Prospect: "While the burden of the contraceptive 'mandate' on employers is trivial, the burden the majority's exemption creates on employees is substantial. By holding that the former trumps the latter, the majority goes far beyond what Congress intended in RFRA." ...

... New York Times Editors: "The Supreme Court's deeply dismaying decision on Monday in the Hobby Lobby case swept aside accepted principles of corporate law and religious liberty to grant owners of closely held, for-profit companies an unprecedented right to impose their religious views on employees." ...

... Dana Milbank highlights the majority's twisted logic in attributing religious beliefs to what Justice Ginberg noted was, in the words of Chief Justice John Marshall (the 4th U.S. chief justice), "an artificial being, invisible, intangible, and existing only in contemplation of law." (CW: So much for originalism.) Milbank adds, "There was a certain risk in having Alito deliver the 5-to-4 opinion defending corporate personhood, because his mannerisms are strikingly robotic for a human. Assigned both of Monday's opinions, Alito delivered a 33-minute monologue — his only departure from the text before him was to raise his head mechanically at intervals and glance at a table to his right."

... Digby: "When [the Supremes] go to such lengths to soothe people that they aren't setting a hugely significant precedent that makes little sense, that's what they're doing."

Amy Davidson of the New Yorker: "What other companies can ignore which other laws on what real or dreamed-up religious grounds? That is something the majority decision in Hobby Lobby leaves shockingly undefined. Ginsburg called it 'a decision of startling breadth,' one that could allow for-profit corporations to 'opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs.' Alito, in his opinion, denies this; so does Anthony Kennedy, in a concurrence. But neither does so persuasively...."

Sandra Fluke in the Washington Post: "Some imagine closely held corporations as family-run small business. Actually, closely held corporations make up more than 90 percent of the businesses in this country. They employ 52 percent of the labor force, and the 224 largest closely held corporations had combined revenues of $1.6 trillion in 2013. Some of these companies include Dell, Toys 'R' Us, Heinz, Dole Foods, Petco, Stater Bros and yes, even Koch Industries."

Sally Kohn of the Daily Beast: "Reliance on junk science, backwards ideas about religious freedom -- it's all there in the conservative majority's awful Hobby Lobby ruling."

Approving some religious claims while deeming others unworthy of accommodation could be 'perceived as favoring one religion over another,' the very 'risk the [Constitution's] Establishment Clause was designed to preclude. -- Justice Ruth Bader Ginsburg, in her dissent

... Jay Michaelson of the Daily Beast: "... as Justice Ginsberg ... writes, in holding that Hobby Lobby is entitled to its own factual universe, in which contraceptives cause abortion and providing insurance is the same as using it, the Court has opened the door to any number of wild religious claims." ...

... Papists! Charles Pierce: "Right up through the Court's decision today, in practice, the RFRA has been repurposed to establish a privileged position within the law to a certain set of religious beliefs -- those beliefs curiously coinciding with the political movement in which several of the Justices were formed. And, again, it's not like nobody saw this coming, either. In his Memorial And Remonstrance Against Religious Assessments, [James] Madison warned against privileging one set of religious beliefs over the other."

Steve M. "The decision just reeks of ignorance, paternalism, contempt, and condescension. And I don't think either conservatives or political insiders quite get that. They can't imagine that this comes off as a double whammy of woman-shaming and cheapness, with bosses in a crappy economy denying female workers one more crumb and saying they're doing it because anyone who wants that crumb is morally contemptible."

Yeah, BUT. Kate Pickert of Time offers "4 reasons the ruling means less than you think." CW: Pickert apparently takes Alito at his word & pays no attention to Ginberg's dissent. Moreover, she seems completely ignorant of Roberts' predilection for dismantling protections for ordinary Americans piecemeal fashion. Otherwise, an insightful post! Update: See also Jeff Toobin post following links re: the Hobby Lobby decision.

Jonathan Cohn of the New Republic: "The obvious solution to this dilemma is to take health insurance away from employers altogether.... But the people and groups who oppose government's providing insurance directly tend to be the same people who object to the contraception mandate. That's not a coincidence. While I don't doubt the religious objections to birth control are sincere, I do think they are masking another belief conservatives bring to this debate: As a general rule, conservatives don't think government should be compelling them to pay for other people's medical expenses."


No, people, #5OldBigots do not run ScotusBlog.

** Jeff Toobin in the New Yorker: "The Supreme Court concluded its term today with a pair of decisions widely described as 'narrow' -- that is, of limited application except to the parties in the lawsuits. Don't believe it. In fact, the Court's decisions in Burwell v. Hobby Lobby and Harris v. Quinn conform to an established pattern for the Roberts Court. It's generally a two-step process: in confronting a politically charged issue, the court first decides a case in a 'narrow' way, but then uses that decision as a precedent to move in a more dramatic, conservative direction in a subsequent case." ...

... Garrett Epps of the Atlantic on "the Supreme Court's cold indifference to America's workers.... Both opinions are like time bombs; they will keep exploding for a number of terms to come. The majority, meanwhile, seems to be having fun."

* Of course not all home healthcare workers are women, but "more than 90 percent ... are women. About 30 percent are black, and 12 percent are Hispanic." Hobby Lobby pays better than companies that require similar work, & workers get Sundays off. Also, they begin every staff meeting with a Christian prayer. AND they play Christian music! Hallelujah! Sam Alito might like cute little puppies, but he has nothing but contempt for poor- & lower-middle-class working women.


Jennifer Epstein
of Politico: "President Barack Obama said Monday that the White House is preparing an executive order banning job discrimination among federal employees on the basis of gender identity. Obama mentioned the planned measure while addressing a White House reception marking LGBT Pride Month. The White House announced earlier this month that the president also intends to sign an executive order banning federal contractors from discriminating against employees on the basis of their sexual orientation or gender identity -- a measure for which LGBT rights groups have long clamored":


Jennifer Epstein of Politico: "President Barack Obama announced his intention Monday to nominate former Procter & Gamble executive Robert McDonald to lead the Department of Veterans Affairs, as he vowed to continue to push to reform the troubled agency":

Tom Cohen & Cassie Spodak of CNN: "It's their fault, President Barack Obama said Monday in blaming Republican inaction on immigration reform for escalating problems including a surge of undocumented children crossing the border from Mexico." CW: An excellent get-off-your-ass speech:

... New York Times Editors: "It says a lot about the state of immigration politics that Republicans instantly rejected Mr. Obama's demand for reform but that many may be only too happy to help him deport more children."

Snowden, Ctd. Ellen Nakashima & Barton Gellman of the Washington Post: "Virtually no foreign government is off-limits for the National Security Agency, which has been authorized to intercept information 'concerning' all but four countries, according to top-secret documents. The United States has long had broad no-spying arrangements with those four countries -- Britain, Canada, Australia and New Zealand — in a group known collectively with the United States as the Five Eyes. But a classified 2010 legal certification and other documents indicate the NSA has been given a far more elastic authority than previously known, one that allows it to intercept through U.S. companies not just the communications of its overseas targets but any communications about its targets as well."

We Look Beyond the Beltway
For a Little Levity & Good News

Greg Hilburn of the Monroe, Louisiana News Star: "The Kissing Congressman, "Fifth District U.S. Rep. Vance McAllister, will seek re-election, reversing course after previously saying he wouldn't be a candidate.McAllister made his official announcement during a news conference Monday.... More than 75 supporters greeted him with enthusiastic applause.... The freshman congressman had previously said he wouldn't seek re-election following a scandal in which a video was published showing the married McAllister kissing a former married staffer, but he soon recanted." ...

... Alexander Burns of Politico: "Louisiana Rep. Vance McAllister has no shortage of problems in his surprise bid for reelection: Party leaders loathe him, aggressive challengers have already stepped up within the GOP and that nickname – 'The Kissing Congressman' -- that won't go away. And then there's the matter of McAllister's debt. The wealthy Louisiana lawmaker who won his seat in a special election last November now starts his comeback bid carrying hundreds of thousands of dollars in financial liabilities on his campaign account. At the end of March -- before the revelation of McAllister's extramarital dalliance with a congressional staffer -- the Republican's campaign reported owing $207,275 to a variety of political consultancies and law firms. His campaign also owed $395,000 to McAllister, who took out a massive personal loan in the midst of his self-funded special election campaign." CW: This guy is so qualified to represent the people.

Sam Hall of the Jackson, Mississippi, Clarion-Ledger: "The chairman of the Mississippi Federation of College Republicans [Evan Alvarez] has resigned his post and 'will be changing my party affiliation to Democrat in the next few days.'" CW: Hall's report makes pretty clear that Alvarez's decision was precipitated by friction with teabaggers in the organization, but Alvarez's statement announcing his resignation, which appears at the end of Hall's report, is well worth a read. He cites multiple examples of what is wrong with the GOP, every one of which most of us would agree with. Democrats aren't going to be turning Mississippi blue anytime soon, but Alvarez's statement shows that Democrats -- or at least "reasonable" Republicans -- have a chance with white Mississippians.

Rene Stutzman of the Orlando Sentinel: "A Sanford judge [Monday] put an end to George Zimmerman's libel suit against NBC Universal. Circuit Judge Debra S. Nelson ruled that the former Neighborhood Watch volunteer is entitled to no money from the media giant. She issued a summary judgment in the network's favor, meaning that unless an appeals court reverses her, the case is now dead." Via Joe Coscarelli of New York.

News Ledes

New York Times: "Paul Mazursky, an innovative director and screenwriter who both satirized and sympathized with America's panorama of social upheavals in the late 1960s and '70s in films that included 'Bob & Carol & Ted & Alice,' 'Blume in Love' and 'An Unmarried Woman,' died on Monday in Los Angeles. He was 84.

Guardian: "General Motors's safety crisis over deadly ignition switches has deepened with the recall of 8.23m cars linked by the carmaker to three deaths. The latest recalls, which now total 29m this year, boosted the number of deaths acknowledged by GM to at least 16 in cars with switch-related problems. The automaker said it now knows of 61 crashes tied to faulty ignition switches, although US lawmakers and safety regulators have said they expect the death toll to climb."

Washington Post: "Israeli aircraft pounded dozens of targets in the Gaza Strip early Tuesday after vowing to extract a heavy price from the Palestinian militant group Hamas, which it accuses of killing three kidnapped Israeli teenagers on the West Bank." ...

... Washington Post: "President Barack Obama is condemning what he calls a 'senseless act of terror against innocent youth' in the Mideast and offering U.S. help to find those who killed three teenagers. Obama is extending condolences to the families of the teens found by the Israeli military on Monday, two weeks after they were allegedly abducted by Hamas militants."

Washington Post: "President Obama has authorized another 200 U.S. troops to secure the American Embassy in Iraq as well as Baghdad's international airport, bringing the total U.S. deployments to Iraq this month to 775."

Reuters: "Ukrainian forces struck at pro-Russian separatist bases in eastern regions with air and artillery strikes on Tuesday after President Petro Poroshenko announced he would not renew a ceasefire but go on the offensive to rid Ukraine of 'parasites'. Within hours of Poroshenko's early morning announcement, the military went into action against rebel bases and checkpoints in the east which has been in separatist ferment since April."

AP: "Former French President Nicolas Sarkozy has been detained and was reportedly being questioned by financial investigators Tuesday in a corruption probe that is rattling France's conservative political establishment. A judicial official said Sarkozy was in custody in the Paris suburb of Nanterre." CW: So the French aren't so genteel, after all. We would never have the bad manners to take our criminal ex-presidents & veeps into custody for questioning. Unfortunately.

Sunday
Jun292014

The Commentariat -- June 30, 2014

Obsolete video removed.

ScotusBlog will liveblog the Supremes' announcements of decisions this morning. The liveblog will begin at 9:15 am, with the Court airing its rulings beginning at 10 am. The two cases to be announced are Burwell v. Hobby Lobby and Harris v. Quinn. There was some discussion here yesterday about Harris; also, in today's Comments, P.D. Pepe links this New Republic piece on Harris by Taylor Malmsheimer. ...

     ... Update: Both decision by Alito. So there you go. Five-four vote on Harris with the liberals dissenting. The decision & dissent are here. Alito reads summary from the bench.

     ... Update 2: Hobby Lobby: 5-4 ruling. Closely-held corps can't be required to provide contraceptive coverage. "Kennedy's concurring opinion says that the government could pay for the coverage itself, so that women receive it." Three dissents: (1) Ginsburg joined by Sotomayor & partially by Breyer & Kagan, each of whom write separate dissenting opinions who filed together. "Alito reads summary from the bench. "It is extremely likely that the Obama administration will by regulation provide for the government to pay for the coverage. So it is unlikely that there will be a substantial gap in coverage." -- Tom Goldstien of ScotusBlog. "Kennedy's opinion emphasizes that in this particular case, a mechanism for accommodating employers is 'already in place' so that the majority opinion does not require the Govt to create 'a whole new program or burden on the Govt'." -- Kevin Russell of ScotusBlog. Ginsburg is reading from her dissent. The decision & dissents on Hobby Lobby are here. ...

... AP: "The Supreme Court dealt a blow to public sector unions Monday, ruling that thousands of home health care workers in Illinois cannot be required to pay fees that help cover the union's costs of collective bargaining. In a 5-4 split along ideological lines, the justices said the practice violates the First Amendment rights of nonmembers who disagree with the positions that unions take." ...

... Some Corporations Are People, My Friend. Jason Millman of the Washington Post: "The federal government can't force owners of closely held for-profit companies to provide birth control coverage to female employees if they object to the administration's requirement on religious grounds, the Supreme Court ruled Monday. The 5-4 ruling, in one of its most contentious cases of the year, recognizes for the first time the religious rights of corporations." The New York Times report, by Adam Liptak, is here.

Juliet Eilperin of the Washington Post: "President Obama on Monday will nominate Bob McDonald, a West Point graduate who served as chief executive of Procter & Gamble, to take over as head of the troubled Department of Veterans Affairs, according to White House officials." ...

... OR, as Mark Thompson of Time puts it, "Obama to Tap Soap Salesman to Clean Up VA."

James Risen of the New York Times: "Just weeks before Blackwater guards fatally shot 17 civilians at Baghdad's Nisour Square in 2007, the State Department began investigating the security contractor's operations in Iraq. But the inquiry was abandoned after Blackwater's top manager there issued a threat: 'that he could kill' the government's chief investigator and 'no one could or would do anything about it as we were in Iraq,' according to department reports." ...

     ... CW: Another chilling example of how things worked under Bush-Cheney. Even after the Nisour Square shooting, U.S. Ambassador Ryan Crocker said the Blackwater guards were swell. If you connect the dots, you wonder if they threatened his life, too. The "accidental" assassination of a person supposedly under their protection would be pretty easy to accomplish. And this is rich: Crocker told reporters after the mass murder, "I certainly do wish I'd had the foresight to see that there were things out there that could be corrected." Foresight? His embassy had just aborted a State Department investigation of Blackwater, an investigation in which the preliminary findings were devastating.

Hillary Stout of the New York Times: "A $1 million starting point for each death anchors the formula to pay families of those who died in accidents caused by a defective ignition switch in General Motors cars, under a plan unveiled Monday by a compensation expert hired by the automaker. The plan, announced by the expert, Kenneth R. Feinberg, is broad and inclusive, and seems certain to account for deaths beyond the 13 that G.M. has publicly linked to the defect."

Of Pitchforks & Plutocrats. Nick Hanauer, a self-described .01 percenter, in Politico Magazine: "... I have a message for my fellow filthy rich, for all of us who live in our gated bubble worlds: Wake up, people. It won't last. If we don't do something to fix the glaring inequities in this economy, the pitchforks are going to come for us."

Neil Irwin of the New York Times: We can't predict GDP growth because ... ObamaCare! CW: Now, finally something for which we can legitimately blame the ACA.

Paul Waldman, in the Washington Post: "The idea that Obama is a tyrant wiping his muddy boots on the Constitution as he goes about his project to destroy the United States used to be the province of spittle-flecked talk radio hosts, right-wing Web sites and those chain e-mails your father-in-law reads while he watches 'Hannity.' But it has now moved to the core of the GOP's case against the president":

This is imperial power. This is George III. -- Karl Rove, on President Obama's use of executive authority, speaking on "Fox 'News' Sunday" ...

Fox 'News,' the place where irony gets no purchase. Rove meant George III of England, of course, but I wonder if FoxBots thought he was referring to Pappy Bush I, Duyba II, and Barack III. And speaking of Georges, if you read Tim Devaney's whole report (linked above), you'll see how Rove & George Will are on exactly the same page: the one about Obama's overreach coming in his adjustments to ObamaCare implementation. Hard to know who put out the memo on this one; chronology doesn't help much since Will often seems to get his "ideas" from his contacts. -- Constant Weader

David of Crooks & Liars: On ABC's "This Week," Katrina Vanden Heuvel tells Bill Kristol he should join the Iraqi army. ...

... Driftglass: Nonetheless, Kristol will endure. No matter who fires him, there is another major media outlet to hire him.

Rachel Bade of Politico: In back-to-back appearances on CNN's "State of the Union" Sunday Darrell Issa (RTP Calif.) & William Taylor, the attorney for former IRS official Lois Lerner, accused each other of being assholes. (Paraphrase.) "Appearing just before Taylor, Issa (R-Calif.) accused Taylor of lying about Lerner not printing out official emails.... 'This is election-year politics; it's convenient to have a demon that they can create and point to,' Taylor said...."

Robinson Meyer of the Atlantic reports "Everything We Know About Facebook's Secret Mood Manipulation Experiment."

Beyond the Beltway

What's the Matter with Kansas? Paul Krugman: Gov. Sam Brownback (RTP) & his wingnut legislature still follow the long- & oft-disproved theory of supply-side economics, brought to them by ALEC & discredited economist Arthur Laffer. "... faith in tax-cut magic isn't about evidence; it's about finding reasons to give powerful interests what they want." ...

... Josh Barro of the New York Times on Kansas's small-business tax exemption. Um, "If you cut taxes, you get less revenue." The exemption has not proved to be a job-creator; Barro gives one example of why not. It does, however, encourage some firms & individuals to change their filing status to make themselves tax-exempt.

New York Times Editors: "Time and again, [New Jersey Gov. Chris Christie] has used dubious strategies to avoid raising taxes (sparing him from inevitable criticism by party conservatives).... Such tactics have not helped the state. New Jersey's bond rating took another hit when Mr. Christie, facing a big budget shortfall, rejected the usual remedies -- cutting costs, borrowing money or raising taxes -- and instead cut state contributions to the public employees' pension fund.

News Ledes

How do you say, "Sanctions, Schmanctions" in French? Reuters: "About four hundred Russian sailors arrived in western France on Monday for training on Mistral amphibious assault ships before the first of two is delivered to Moscow by the end of the year. The United States and some European partners have urged Paris to reconsider the 1.2 billion euro ($1.6 billion) sale to Moscow following Russian action in Ukraine, including its annexation of the Crimean Peninsula in March."

Reuters: "The U.S. Justice Department is expected to announce on Monday a settlement with BNP Paribas involving a record fine of nearly $9 billion over alleged U.S. sanctions violations by France's biggest bank...."

AP: "A Marine who was declared a deserter nearly 10 years ago after disappearing in Iraq and then returning to the U.S. claiming he had been kidnapped, only to disappear again, is back in U.S. custody, officials said Sunday. Cpl. Wassef Ali Hassoun, 34, turned himself in and was being flown Sunday from an undisclosed location in the Middle East to Norfolk, Va. He is to be moved Monday to Camp Lejeune in North Carolina, according to a spokesman...."

Saturday
Jun282014

The Commentariat -- June 29, 2014

Internal links removed.

** Joe Stiglitz in the New York Times, on income inequality. This is the best short discourse I've read on how the Republican Tea Party has destroyed "who we are" -- or were -- "as a nation." Also, Tim Geithner is a putz. (Stiglitz never mentions Geithner by name nor does he specifically call out Ronald Reagan & his legacy of unscrupulous wingers & selfish, self-defeating dingbat voters.) Thanks to P.D. Pepe & MAG. ...

... CW: If you want to look for a good example of what Stiglitz is talking about, one that is expected to come with tomorrow's news, Ian Millhiser of Think Progress obliges: "On Monday, the Supreme Court is expected to hand down two cases, Hobby Lobby and a lesser-known case called Harris v. Quinn. Of the two, more is actually at stake in Harris than in Hobby Lobby." If the Harris decision goes against the union, it "could set off a death spiral endangering the unions themselves." ...

     ... There's something else implied in Millhiser's piece: that the right is again using its very effective tactic of filling the air with sound & fury over "values" issues in order to hide its scheme to ruin ordinary Americans in service of the few. There's a reason John Roberts chose to issue these two decisions at the same time and -- unless Anthony Kennedy has developed a sudden fondness for healthcare workers -- Roberts' choice does not bode well for most Americans.

Julia Preston of the New York Times: "President Obama will ask Congress to provide more than $2 billion in new funds to control the surge of illegal Central American migrants at the South Texas border, and to grant broader powers for immigration officials to speed deportations of children caught crossing without their parents, White House officials said on Saturday."

Sari Horwitz, et al., of the Washington Post: "Ahmed Abu Khattala, a suspected Libyan ringleader of the 2012 terrorist embassy attack in Benghazi that killed four Americans, was brought Saturday from a Navy warship to the federal courthouse in the District, where he entered a plea of not guilty to a single conspiracy charge."

Annie Rose-Strasser of Think Progress: "The latest way that Facebook has been peeking into its users' personal lives may be the most surprising yet: Facebook researches have published a scientific paper that reveals the company has been conducting psychological experiments on its users to manipulate their emotions."

Nicole Winfield of TPM: "The Vatican conceded Thursday that most Catholics reject its teachings on sex and contraception as intrusive and irrelevant and officials pledged not to 'close our eyes to anything' when it opens a two-year debate on some of the thorniest issues facing the church. Core church doctrine on the nature of marriage, sexuality, abortion and divorce isn't expected to change as a result of the debate that opens in October." Via Steve Benen.

Emma Margolin of NBC News: "Six months after losing his ordination credentials for presiding over the wedding of his gay son and for leaving open the possibility of performing future same-sex wedding ceremonies, a Pennsylvania pastor has been welcomed back into the United Methodist Church. On Tuesday, a nine-person appeals panel of church officials overturned an earlier decision to defrock Rev. Frank Schaefer of Lebanon, Pa., who in 2007 married his oldest son, Tim, to another man. The wedding took place in Massachusetts...." Via Benen.

The Gray Lady Don't Shit. Often. Ben Zimmer in Slate: According to Politico's Mike Allen, President Obama & his aides have repeatedly said in off-the-record conversations with reporters that the Obama Doctrine is "Don't do stupid shit." However, the New York Times has bowdlerized the sentence to "Don't do stupid stuff" on four separate occasions, even in articles where the "doctrine" is the point of the story; this despite the fact that the Times in the past has accurately quoted Presidents Nixon & Bush II and others when they used the word "shit." Thanks to Barbarossa for the link. ...

... In a March 2014 New York Times op-ed, which Zimmer links, lexicographer Jesse Sheidlower makes "the case for profanity." Obviously, Sheidlower lost the case. ...

... CW: I think it is fair to euphemize surprise utterances, as in the Wendy Davis example Zimmer cites, but when a public figure purposely uses profane &/or obscene language, there's no reason to, um, mince words. I suppose I wouldn't put "shit" in a headline of a mainstream news outlet. It does really aggravate me when publications print "used a profanity," so I have to go hunting the Internets to find out what the person actually said. ...

     ... "Fuck Yourself." Ten years ago, Helen Dewar & Dana Milbank of the Washington Post -- and their editors & headline writers -- handled this story just right, IMHO. Sheryl Gay Stolberg & the Times, however, completely blew it." Salty language??? Oh, shiver me timbers.

Senate Election

Philip Bump of the Washington Post on why "Chris McDaniel isn't going to win any challenge" to the results of the Mississippi GOP primary runoff.

News Lede

ISIS, We Hardly Knew Ya. Washington Post: "In an audio statement posted on the Internet, the spokesman for the Islamic State of Iraq and Syria announced the restoration of the 7th-century Islamic caliphate, a long-declared goal of the al-Qaeda renegades who broke with the mainstream organization early this year and have since asserted control over large areas spanning the two countries. The move signifies 'a new era of international jihad,' said the spokesman, Abu Mohammed al-Adnani, who also declared an end to the Islamic State of Iraq and Syria, as the group had called itself."