George Will Goes Bipolar Over Brown

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What can brown do for you? If you are George Will, apparently only mow the yard or fill the water glass at the local stick in your butt snob steakhouse. In the latest condescending pile of rancid, rambling garbage by Will, set for tomorrow’s Washington Post, Will defecates on about everybody he can find over the immigration law fiasco in Arizona:

“Misguided and irresponsible” is how Arizona’s new law pertaining to illegal immigration is characterized by House Speaker Nancy Pelosi. She represents San Francisco, which calls itself a “sanctuary city,” an exercise in exhibitionism that means it will be essentially uncooperative regarding enforcement of immigration laws. Yet as many states go to court to challenge the constitutionality of the federal mandate to buy health insurance, scandalized liberals invoke 19th-century specters of “nullification” and “interposition,” anarchy and disunion. Strange.

Uh, hey George, in the first place Pelosi is right, and your discreetly veiled misogynistic demeaning of her, and offensive put down of her hometown of San Francisco, are intellectually impertinent and scurrilous. The rest of the paragraph is such a non-sequitur you have to wonder about the stability of the mind authoring it.

Arizona’s law makes what is already a federal offense — being in the country illegally — a state offense. Some critics seem not to understand Arizona’s right to assert concurrent jurisdiction. The Mexican American Legal Defense and Education Fund attacks Gov. Jan Brewer’s character and motives, saying she “caved to the radical fringe.” This poses a semantic puzzle: Can the large majority of Arizonans who support the law be a “fringe” of their state?

“Some critics”, namely George Fucking Will (that is what the “F” stands for, right?) do not seem to understand the concept of Federal preemption. Maybe Will is one of those conservative headcases who consider the Tenth Amendment the most supreme law of the land; but it is not, and there is a reason serious minds term such morons “Tenthers” in the same vein as the nutjob Birthers. Clearly George Will would not know a proper legal argument of “concurrent jurisdiction” if it hit him in the ass. The rest of that paragraph is gibberish unworthy of a grade school response.

Popularity makes no law invulnerable to invalidation. Americans accept judicial supervision of their democracy — judicial review of popular but possibly unconstitutional statutes — because they know that if the Constitution is truly to constitute the nation, it must trump some majority preferences. The Constitution, the Supreme Court has said, puts certain things “beyond the reach of majorities.”

What? This paragraph makes Charles Cheswick and Billy Bibbit in One Flew Over The Cuckoo’s Nest look sane. You have got to be kidding me. The link is to the Cliff’s Notes, because it appears George Will Is not familiar with the great American novel.

But Arizona’s statute is not presumptively unconstitutional merely because it says that police officers are required to try to make “a reasonable attempt” to determine the status of a person “where reasonable suspicion exists” that the person is here illegally. The fact that the meaning of “reasonable” will not be obvious in many contexts does not make the law obviously Read more →

Bob Lutz Hangs Up On Ed Whitacre’s GM

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The inevitable has been announced; Bob Lutz is leaving Ed Whitacre’s new General Motors. From the New York Times:

Vice Chairman Bob Lutz will retire from the automaker effective May 1, people briefed on the plans said on Wednesday.

Lutz, 78, had been serving as a senior adviser to GM Chairman and Chief Executive Ed Whitacre after shelving retirement plans to take charge of the automaker’s marketing after it emerged from bankruptcy in July 2009.
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The announcement comes a day after GM shook up its sales and marketing operations in its home market for the third time in five months.

Lutz was charged with overhauling GM’s marketing efforts under former CEO Fritz Henderson, but he appeared to have been sidelined by Whitacre, a former AT&T executive brought in by the Obama administration.

In late February, Whitacre named Stephen Girsky, a former investment banker, as special adviser and vice chairman in charge of corporate strategy, a move that raised questions about the tenure and role of Lutz.

And it really was inevitable. Last December when Fritz Henderson was unceremoniously dumped in a midnight putsch by Ed Whitacre, the former corporate phone boy from AT&T, we had some things to say here. Marcy, noting Whitacre’s professed desire to ram products to market quicker – to do everything quicker – observed:

Now maybe it would be possible to bring out new products more quickly. Maybe there is merit to disrupting the very complex model year and product cycle schedules that every car company relies on to manage new product introductions.

But I worry that this push to introduce products more quickly will come at a price–the price of doing it right, both from an engineering perspective (you don’t want the Cruze to come out with all sorts of recalls, after all) and from a marketing perspective (if you introduce a product but don’t have the marketing budget to support it, it’s not going to do much good).

And I commented that the Whitacre putsch had other consequences too:

There is one other consideration. With Fritz gone, the only marketable face GM has left to the actual auto people is Bob Lutz, and he will bolt in a heartbeat if he thinks the wrong car decisions are being made. Lutz is very comfortable with the big money wheeler dealers, but he is, first and foremost, a car guy all the way. And he does not need the money or grief. If they were to lose Lutz in any short order in addition to Henderson, they will have a potential real mess.

Well it turns out the thoughts may have been prescient. And make no mistake, Lutz is in fine health and as active and ornery as ever; he is leaving because Read more →

SCOTUS Scuttles Prop 8 Video Coverage; The History Behind The Denial

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images5thumbnail1.thumbnail1As you may have heard (See here and here), the Supreme Court has entered a last minute stay to put a hold on the video feed of the seminal Prop 8 trial in the Norther District of California (NDCA) to select other Federal courthouses in the country as well as the delayed release of video clips of the proceedings via YouTube.

This is the full text of the order issued by the Supremes:

Upon consideration of the application for stay presented to Justice Kennedy and by him referred to the Court, it is ordered that the order of the United States District Court for the Northern District of California, case No. 3:09-cv-02292, permitting real-time streaming is stayed except as it permits streaming to other rooms within the confines of the courthouse in which the trial is to be held. Any additional order permitting broadcast of the proceedings is also stayed pending further order of this Court. To permit further consideration in this Court, this order will remain in effect until Wednesday, January 13, 2010, at 4 p.m. eastern time.

Justice Breyer, dissenting.

I agree with the Court that further consideration is warranted, and I am pleased that the stay is time limited. However, I would undertake that consideration without a temporary stay in place. This stay prohibits the transmission of proceedings to other federal courthouses. In my view, the Court’s standard for granting a stay is not met. See Conkright v. Frommert, 556 U. S. ___, ___ (2009) (slip op., at 1–2) (Ginsburg, J., in chambers). In particular, the papers filed, in my view, do not show a likelihood of “irreparable harm.” With respect, I dissent.

This is, to say the least, a disappointing ruling. It had been my guess that Anthony Kennedy would field the issue, which went directly to him as the hot judge for emergency matters from the 9th Circuit, and see it as a matter within the discretion of the 9 Circuit and let them make the call, which they had done in favor of video dissemination. For those not aware, this idea of video from the courtroom was not germinated from the Prop 8 trial, even though that has been the focal point. Instead, the pilot program was the brainchild of the 9th circuit Judicial Conference, as described in this LA Times article from late last year:

Federal courts in California and eight other Western states will allow video camera coverage of civil proceedings in an experiment aimed at increasing public understanding of the work of the courts, the chief judge of the U.S. 9th Circuit Court of Appeals said Thursday.

The decision by the court’s judicial council, headed by Chief Judge Alex Kozinski, is in response to recommendations made to the court two years ago and ends a 1996 ban on the taking of photographs or transmitting of radio or video broadcasts.

“We hope that being able to see and hear what transpires in the courtroom will lead to a Read more →

The New Robber Barons

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image002Previously, Marcy Wheeler noted the unsavory blending of the private interests of health insurance companies with the power and hand of the US government:

It’s one thing to require a citizen to pay taxes–to pay into the commons. It’s another thing to require taxpayers to pay a private corporation, and to have up to 25% of that go to paying for luxuries like private jets and gyms for the company CEOs.

It’s the same kind of deal peasants made under feudalism: some proportion of their labor in exchange for protection (in this case, from bankruptcy from health problems, though the bill doesn’t actually require the private corporations to deliver that much protection).In this case, the federal government becomes an appendage to do collections for the corporations.
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The reason this matters, though, is the power it gives the health care corporations. We can’t ditch Halliburton or Blackwater because they have become the sole primary contractor providing precisely the services they do. And so, like it or not, we’re dependent on them. And if we were to try to exercise oversight over them, we’d ultimately face the reality that we have no leverage over them, so we’d have to accept whatever they chose to provide. This bill gives the health care industry the leverage we’ve already given Halliburton and Blackwater.

Marcy termed this being “On The Road To Neo-feudalism” and then followed up with a subsequent post noting how much the concept was applicable to so much of the American life and economy, especially through the security/military/industial complex so intertwined with the US government.

Marcy Wheeler is not the only one recently noting the striking rise in power of corporate interests via the forceful hand of US governmental decree (usually at the direct behest of the corporate interests). Glenn Greenwald, expanding on previous work by Ed Kilgore, penned a dynamic description of the dirty little secret (only it is not little by any means) afoot in modern American socio-political existence:

But the most significant underlying division identified by Kilgore is the divergent views over the rapidly growing corporatism that defines our political system.

Kilgore doesn’t call it “corporatism” — the virtually complete dominance of government by large corporations, even a merger between the two — but that’s what he’s talking about. He puts it in slightly more palatable terms:

To put it simply, and perhaps over-simply, on a variety of fronts (most notably financial restructuring and health care reform, but arguably on climate change as well), the Obama administration has chosen the strategy of deploying regulated and subsidized private sector entities to achieve progressive policy results. This approach was a hallmark of the so-called Clintonian, “New Democrat” movement, and the broader international movement sometimes referred to as “the Third Way,” which often defended the use of private means for public ends.

As I’ve written for quite some time, I’ve honestly never understood how anyone could think that Obama was going to bring about some sort of “new” political approach or governing method when, as Kilgore notes, what he practices — politically and substantively — is the Third Way, DLC, triangulating corporatism of the Clinton era, just re-packaged with some sleeker and more Read more →

The DOMA Decisions In The 9th Circuit

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I have had several people ask me off blog about the “opinions” on the Defense Of Marriage Act (DOMA) that have surfaced recently in the 9th Circuit. I may write more later; but for now I want to lay out the sequence of facts and actions and start the discussion.

The current issue really took flight last month when 9th Circuit Chief Judge Alex Kozinski entered an order dated November 19, 2009 on the matter of Karen Golinski, a staff attorney for the 9th Circuit Court of Appeals. Judicial branch employees such as Golinski are Federal employees and therefore have their benefits administered by the Office of Personnel Management (the same folks Obama and Harry Reid want to administer their poor excuse of a substitute for the Public Option). Based upon the OPM’s stated position, the contracted benefits carrier (Blue Cross/Blue Shield) refused to provide health benefits for her same sex legal spouse, Amy Cunninghis.

From Judge Kosinski’s November 19 Order:

Karen Golinski has been denied a benefit of federal employment because she married a woman rather than a man. I previously determined that violates this court’s guarantee of equal employment opportunity. To avoid a difficult constitutional problem, I harmonized the Defense of Marriage Act (DOMA), 1 USC §7; the statutes creating the benefit program at issue, the Federal Employees Health Benefits Program (FEHBP), 5 USC §8901 et seq.; and this court’s commitment to equal employment opportunity.

I then entered [an] order
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No “party or individual aggrieved” by my decision appealed it.

The Administrative Office of the United States Courts (AO) complied with my order and submitted Ms. Golinski’s form 2089 to the Blue Cross and Blue Shield Servie Benefit Plan, Ms. Golinski’s health insurance carrier. That’s as it should be; the AO is subject to the “supervision and direction” of the Judicial Conference of the United States, 28 USC §604(a), and I exercised authority delegated by the Judicial Conference when I ordered relief. After the AO submitted Ms. golinski’s form, I thought this matter had concluded.

The Executive Branch, acting through the Office of Personnel Management (OPM), thought otherwise. It directed the insurance carrier not to process Ms. Golinski’s form 2089, thwarting the relief I had ordered. (citations omitted)

That is the basic tale of Golinski and Kozinski. Since the November 19 Order the above language was taken from, the situation has become even more exacerbated by the intransigence of the Obama Administration and its OPM which, either comically or tragically depending on one’s view, is headed by John Berry who the Administration made a big show of touting as its highest ranking openly gay official.

The irony just oozes. After further refusal and contempt of his clear order, which the Administration never appealed, Read more →

Late Night: Punkin The White House

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statedinner1125That’s punkin, not pumpkin my fellow gobblers and gobblees. Yes indeedy, the White House has been officially punked. Late breaking from the Washington Post:

A couple of aspiring reality-TV stars from Northern Virginia appear to have crashed the White House’s state dinner Tuesday night, penetrating layers of security with no invitation to mingle with the likes of Vice President Biden and White House Chief of Staff Rahm Emanuel.

Tareq and Michaele Salahi — polo-playing socialites known for a bitter family feud over a Fauquier County winery and their possible roles in the forthcoming “The Real Housewives of Washington” — were seen arriving at the White House and later posted on Facebook photos of themselves with VIPs at the elite gathering.
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While the White House offered no official explanation, it appears to be the first time in modern history that anyone has crashed a White House state dinner. The uninvited guests were in the same room as President Obama, first lady Michelle Obama and Indian Prime Minister Manmohan Singh, although it is unknown whether they met the Obamas and the guest of honor.

Here is the best part – they had their picture taken with the one and only Ron Emanuel:

But the best was yet to come: Once inside the dinner tent, they got pictures that appeared to show them with ABC’s Robin Roberts, Bollywood composer AR Rahman, PepsiCo CEO Indra Nooyi, Obama Chief of Staff Emanuel (identified as “Ron” in the couple’s Facebook photo caption) and two with a grinning vice president. (Emphasis added)

So, that is a pretty good story; but here is an even better one of some punkin going on at the White House, courtesy of the inestimable Howie Klein.

Howie tells the story of how he arranged for Lou Reed to attend and perform for an official Clinton White House State Dinner for Vaclev Havel, President of the Czech Republic:

One of the “big” news stories yesterday was the State Dinner President Obama gave in honor of Indian Prime Minister Manmohan Singh, who, like CNN’s Sanji Gupta– a guest– is a doctor. 400 people were invited– probably 200 + 1 each, but I’m not certain– and it was in a heated tent on the lawn. I have a half-baked reason for telling the story of the state dinner I went to in September, 1998
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I understood exactly what President Clinton wanted– and delivered. Havel and Lou Reed, a Reprise artist and a friend of mine, had such a powerful bond that Havel actually credited him with being part of the inspiration for the Velvet Revolution that freed Czechoslovakia from Soviet domination.
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Everyone was grooving out (Henry Kissinger, Ted Stevens, Eric Holder, Kurt Vonnegut, Jane Harman, Chuck Hagel and 2 generals, John Shalikashvili and my new pal, Henry Shelton, chairman of the Joint Chiefs of Staff)– not just Lugar– and I kept wondering if anyone had any clue what the lyrics were. Clinton certainly didn’t. He got up onstage and played his sax.

Now that is some punkin the White House!

The Politico Villagers Go Deer Hunting!

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elmer-fuddWell, this is exciting! Yesterday on Morning Joe on MSNBC, Mike Allen of Politico proudly announced that he, the managing editor at Politico, John Harris, and Politico executive editor Jim VanderHei all went on their first deer hunt Monday. And, according to Allen, they ALL bagged a large mammal from the Cervidae family.

In plain English, all three of these first time rookie deer hunters managed to take time off from chasing unnamed sources, get dressed, get out of town, track their prey, shoot and kill a real live deer. These are clearly some awesome American Sportsmen!

This would also mean they are such studs that they tracked and finalized the kill on each of the three deer, field cleaned their prey and transported the large carcasses out of the wilds, back to their vehicles, loaded and secured the bodies and drove out of the hunting fields. And they were all back safe and sound at home in time to get a night’s sleep and be in a studio at the crack of dawn to do Morning Joe! Astounding!

All it took was a few hours apparently. These guys must be damn good, because when I was younger, I used to deer hunt with three older men that were knock down dead eye pros, we went for 3-4 days at a time to open the season, and never had the kind of success that beginners Allen, VanderHei and Harris did in seemingly just a few short hours. My coonskin hat is off to all three of them; this is a truly impressive feat.

I am kind of shocked they didn’t run into Dick Cheney, kind of sounds like his type of “hunting” expedition. But, as Allen’s face did not have buckshot oozing from it, I guess not they did not encounter Deadeye Dick. I tried emailing and phoning the three intrepid hunters for more details of their safari, but they failed to return contact.

Fortunately, in an Emptywheel exclusive, we were able to obtain video of the grand hunt!

Mika Brzezinski and her 7% Husband

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In the guise of pitching her book on career and family yesterday, Mika Brzezinski had this to say:

Finding a job is hard enough, but have you ever considered the odds and the challenges of finding a good man?

Bad news, girls. The odds are definitely better on getting the right job than getting a good partner for life. Someone who will grow with you. Someone to develop memories with. Someone who was there in the beginning. Someone who will be there at the end.

Don’t push away that chance if you’re one of the lucky ones who find that partner. And remember, you can always change a job. I hear it’s much harder to switch out a husband.

Now maybe this will come as a surprise to someone born into fame and connections like Mika, but it’s not actually all that easy to find a job. As CNN pointed out the other day, statistically it’s actually harder to find a job right now than it is to get into Harvard (or Mika’s alma mater of Williams).

Since the beginning of the recession in December 2007, job openings declined from 4.4 million to 2.4 million and the number of officially unemployed persons grew from 7.5 million to 15.7 million, according to the U.S. Bureau of Labor Statistics.

If the 15.7 million officially unemployed workers were to apply for those 2.4 million jobs, the chance of any one of them finding a job are about 15 percent, or roughly the same odds as being accepted to the University of Pennsylvania.

Read more →

Maybe We Can Have Prayer Treatments Instead of Reproductive Care?

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There are many reasons I’d love to be a fly on the wall in the conference on health care reform.

But chief among those is to see how (whether) they’re going to justify paying for “health care” for the Christian Scientists while denying reproductive care for millions of women.

Backed by some of the most powerful members of the Senate, a little-noticed provision in the healthcare overhaul bill would require insurers to consider covering Christian Science prayer treatments as medical expenses.

The provision was inserted by Sen. Orrin G. Hatch (R-Utah) with the support of Democratic Sens. John F. Kerry and the late Edward M. Kennedy, both of Massachusetts, home to the headquarters of the Church of Christ, Scientist.

The measure would put Christian Science prayer treatments — which substitute for or supplement medical treatments — on the same footing as clinical medicine. While not mentioning the church by name, it would prohibit discrimination against “religious and spiritual healthcare.”

Granted, both the Stupak Amendment and payment for Christian Scientist prayer may be removed in conference.

But I’d really like to see how Orrin Hatch, say, tried to explain skewing healthcare in this country only to meet the demands of religion, no matter how wacky, even while denying the care choices of millions of religious and non-religious women. And, frankly, I’d love to see what the courts think about it. Because once you’re making laws to protect the Christian Scientists all the while crafting your bill to meet the demands of the Catholic Bishops, you’ve got a very interesting Church/State separation question on hand.

Update: Church of Christ, Scientist  v. scientology correction per joejoejoe.

DC’s Newest Reality Show

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Picture 138And speaking of C Street, it looks like the moralizing hypocrites at C Street are shopping for a new roomie.

Sen. John Ensign has moved out of the C Street house, the Christian home he shared with other elected officials on Capitol Hill that came under scrutiny for its residents’ beliefs and practices and their role in trying to end the Nevada Republican’s affair with a campaign staff member.The red brick town house emerged this summer as the subject of political intrigue — not only as a pivotal location in Ensign’s affair with Cynthia Hampton, but also that of South Carolina Republican Gov. Mark Sanford, who sought guidance there as he wrestled with his own affair.

As fallout from Ensign’s affair continues with a preliminary Senate Ethics Committee investigation and talk of a possible criminal inquiry by the Justice Department, Ensign decided to move out, not wanting to draw further attention to his longtime home.

There’s only one way to replace Ensign. To invite six avowed Christian Freshman Congressmen to participate in a reality show–a test, week by week, of who can be a bigger moral hypocrite. Each week, we’ll vote off one participant (who, thereafter, will have to pay market rates for a place in DC).

So I’m looking for two kinds of input. First, candidates to enter the reality show. You might start with this list.

And then we need a catchy name, so we can pitch the show to Bravo. My suggestion (which sucks–but then I’m busy watching football) is Praying for the Pay.

Enter your candidates–and name suggestions–in comments.