Gerry Canavan

the smartest kid on earth

Posts Tagged ‘Clarence Thomas

Wednesday Night Links!

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Readers in a frenzy as Margaret Atwood’s The Testaments released early. Why It Matters That Amazon Shipped Margaret Atwood’s “The Testaments” a Week Early. Look for my review of The Testaments in LARB soon!

* Maybe the aliens are already tired of us.

The coming death of just about every rock legend.

* CFP: Extrapolating Nostalgia: Special issue of Science Fiction Studies.

* The job so nice they posted it twice: Assistant Professor of Fantasy/Science Fiction Literature.

Author Walter Mosley Quits ‘Star Trek: Discovery’ After Using N-Word in Writers Room. Why I Quit the Writers’ Room.

* The real Dickinson scandal appears only at the margins of Wild Nights with Emily, at the start and at the end. The movie begins with a disclaimer: “The poems and letters of Emily Dickinson are used in this film with permission of Harvard University Press.” But why does anyone need permission from Harvard to make a movie about Emily Dickinson? The answer involves theft, adulterous affairs, a land deal gone wrong, a feud between families, two elite colleges, and some of the most famous poems in American literature.

* As of today there are no longer any children who were alive on 9/11. Never forget the worst comics page in history.

* “The grand neoliberal experiment of the past 40 years has demonstrated that markets in fact do not regulate themselves. Managed markets turn out to be more equitable and more efficient. Yet the theory and practical influence of neoliberalism marches splendidly on, because it is so useful to society’s most powerful people—as a scholarly veneer to what would otherwise be a raw power grab.”

* Liberalism can’t defend itself.

* Whose Apollo Program?

* Another world is possible.

* Shock of shocks: Administration Within UW System Grew While Faculty Numbers Declined.

* The great enrollment crash.

* California to force NCAA to pay athletes. More at the MetaFilter thread.

* Ronan Farrow exposes MIT. The Epstein scandal at MIT shows the moral bankruptcy of techno-elites. The Moral Rot of the MIT Media Lab.

Her University Publicly Accused Her of Using Meth. Here’s How It Came to That, and Here’s What Happened Next.

* Another trip inside Cheating, Inc.

* The WSJ takes aim at the English major, again. Some college major data from the Center on Education and the Workforce.

* Hard not to think we’ve grown obsolete.

* Another free speech exception.

* Inside Liberty University.

“We’re not a school; we’re a real estate hedge fund,” said a senior university official with inside knowledge of Liberty’s finances. “We’re not educating; we’re buying real estate every year and taking students’ money to do it.”

Ah, they’ve got nothing on Columbia or NYU.

Elite schools say they’re looking for academic excellence and diversity. But their thirst for tuition revenue means that wealth trumps all.

* I worked at a website that rated professors for political bias. This is what I learned.

* ‘UVA has ruined us’: Health system sues thousands of patients, seizing paychecks and putting liens on homes. “Johns Hopkins deliberately puts poor people who seek its care into medical debt so they lose their homes so Johns Hopkins can buy the land for its expansion.”

Congress Promised Student Borrowers A Break. Education Dept. Rejected 99% Of Them.

Over 60, and Crushed by Student Loan Debt.

The administrators who handle sexual-misconduct investigations aren’t sticking around for long. That’s because they have one of the toughest jobs on campus.

* Inside the cuts at Marquette. Under the circumstances I feel overly relieved that we’ve moved up in the US News rankings.

* When Active-Shooter Drills Scare the Children They Hope to Protect.

* Daughter should have been armed, it’s the only way to prevent these things unfortunately.

* Richest Could Lose Hundreds of Billions Under Warren’s Wealth Tax. They wouldn’t even notice it missing.

UBI Already Exists, We Just Need to Redistribute It.

* Climate change is here. Climate change isn’t an intangible future risk. It’s here now, and it’s killing us. Dangerous new hot zones are spreading around the world. The heat is on. James Cameron says “people need to wake the fuck up” about climate change. Invest $1.8 trillion to adapt. Climate change also means retreat. In an era of climate change, everything feels strange. Even the places we call home. Mississippi Beaches Have Been Vacant For 2 Months As A Toxic Algae Bloom Lurks Offshore. Tired: The Anthropocene. Wired: The Carnivalocene. The novel in the Anthropocene. Winter Isn’t Coming. Prepare for the Pyrocene.

Island of 50,000 People in the Bahamas Is 70% Under Water. Hurricane Dorian Survivors Were Turned Away & That’s A Chilling Look At Our Future.

NOAA staff warned in Sept. 1 directive against contradicting Trump. I knew he’d slip up eventually!

* Hope in the Midst of Ecological Dystopia: Cli-fi books for the young-adult reader.

Agribusiness against the Amazon.

* “When I say state’s rights,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.”

* From the mixed-up files of the top Republican gerrymanderer.

* Today in the wisdom of markets.

* For every grift, a mark: Meet The Hyperloop’s Truest Believers.

When the State Enforces “Straight Pride.”

What’s Missing From “White Fragility”: Robin DiAngelo’s idea changed how white progressives talk about themselves—and little else.

* And speaking of white fragility.

Indigenous Women in Canada Are Still Being Sterilized Without Their Consent.

TWO MONTHS BEFORE my operation, I dreamed I was a character in a video game. As sometimes happens in video games, I died. When I respawned, I had a new face, the face of another woman altogether. Upon discovering this in the dream, I collapsed into my companion’s arms and told her, through tears, that all I had ever wanted was to become unrecognizable to myself.

* The rise of anti-trans “radical” feminists, explained.

Care Work Is the Next Feminist Frontier.

In Chicago, more than 16,000 students are homeless.

* The Center for American Progress Is a Disgrace.

* Don’t Be Fooled — Kamala Harris’s “Criminal Justice” Plan Is Not Progressive.

* Baby Boomers are charmed by his rose-tinted revisionism. Younger Democrats see the past more clearly. The Historical Amnesia of Joe Biden’s Candidacy.

* Joe Biden can’t stop lying. He lies for popularity, he lies to protect billionaires’ profits, and he lies to cover his own misdeeds. If he were to quit lying, Biden would be exposed for who he actually is: a happy stooge of industry trying to squash the rising demand for a better world.

* Imagine if we had a democracy.

* Trump’s already cancelling elections.

* Corey Robin on Clarence Thomas’s theory of race.

* The case for changing the voting age to zero.

The Fall of the Meritocracy.

Yes, GamerGate Was a Misogynist Hate Campaign.

* Rethinking cities, from the ground up. Cars are pushing out bikes and pedestrians to the applause of the influential and powerful.

* Ex-lawyer who stole from clients in part to finance his ‘Excuseman’ character given 3 years in prison.

* sometimes I just get overwhelmed by how regular and normal our country is

* extremely normal very normal

Document reveals the FBI is tracking border protest groups as extremist organizations. The U.S. Immigration and Customs Enforcement agency has accidentally revealed the whereabouts of a future “urban warfare” training facility that is expected to include “hyper-realistic” simulations of homes, hotels and commercial buildings in Chicago and Arizona. The Capricious Use of Solitary Confinement Against Detained Immigrants.

Made In America: For $9.50 An Hour, They Brew Tear Gas For Hong Kong.

* California Bill Makes App-Based Companies Treat Workers as Employees. UPDATE: Uber already refusing to comply.

* Republicans Republicaning, part 7998.

How We Shut Down the Nation’s Largest Child Detention Center.

* The US military may have spent millions to help prop up a Trump resort. Gee, I hope someone was fired over that blunder!

* TSA PreCheck: It absolutely shouldn’t exist, and is absolutely an incredible value.

* Frenchest news item of all time: man dies having “adulterous relationship with a perfect stranger” on business trip; court rules it was a work accident.

* The struggle to save Day-Glo.

* Whatever happened to Mark Z. Danielewski’s The Familiar?

* The original Civilization, running inside an Excel spreadsheet.

* A history of Tetris randomizers.

* How we became nostalgic for Minecraft.

* 44 African Architectural Styles.

* Where there were more than 2,000 staff cartoonists at work a century ago, and 180 as recently as the 1980s, contemporary estimates are grim: a 2011 survey by The Herb Block Foundation, an educational nonprofit, estimated that fewer than 40 such jobs still exist.

* Harry Potter Fandom in an Illiberal Democracy.

Woman Shares 18th Century Student Disciplinary Records In Response To ‘Millennials Are The Worst’ Claim.

* A people’s history of labor history.

* They solved the Geedis mystery.

The Lost Issue of Grant Morrison and Chas Truog’s Animal Man From 1988 – “Dominion.”

* Maid of honor shows up to wedding in T. rex costume after being told she could wear anything.

* Cheese can’t fake the funk.

* Every culture tells a different story about why it cages animals, which nearly all of them do. The stories evolve, and the cages do too.

Marc Davis in His Own Words: Imagineering the Disney Theme Parks.

Occupations by frequency as mentioned in the lyrics of David Bowie.

* The art of the Anthropocene: @LegoLostatSea.

* Disney still innovating ways to ruin the Muppets faster and faster; now the series don’t even need to be made to be bad.

* A thread/sincere plea: if you a member of the mainstream/popular press and are writing an article about fandom, you can officially nix any of the following, as it has already been written in 20+ other “101” style articles about fans/fan culture…

We were creating space for ourselves, centering our own positive stories.

* And, once again, Star Trek by the numbers.

Written by gerrycanavan

September 11, 2019 at 3:30 pm

Posted in Look at what I found on the Internet

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Monday Morning Links!

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* If you only read one Star Trek: Discovery postmortem this week, it’s got to be Abigail Nussbaum’s. But if you read too, here’s mine at LARB! No Follow-Through.

* Then this one #3: In Its First Season, Star Trek: Discovery Asked Hard Questions It Never Really Wanted the Answers to.

Original pitch for Star Trek: The Next Generation had a hologram captain. Fake Research Paper Based on Star Trek: Voyager‘s Worst Episode Was Published by a Scientific Journal.

Science Fiction Film and Television 11.1 now available! With a special section on the science fiction of Scarlett Johansson, essays on District 9 and dating simulators, and a review essay on Get Out! 

* A CFP for the “Worlding SF” event in Graz, Austria, next December, with keynotes from Mark Bould, Cheryl Morgan, and me…

* Meanwhile, the 2019 CFP for the MLA’s speculative fiction discussion group, of which I am now the immediate past chair:

Activist Speculation and Visionary Fiction

How “visionary fiction” (Walidah Imarisha’s term for stories imagining “newer, freer worlds”) contributes to speculative fiction theory, pedagogy, practice. 200-word abstract, CV by 16 March 2018 to Alexis Lothian (alothian@umd.edu).

* I got the chance to watch this documentary on Flannery O’Connor last week as part of a Marquette English event. It was great! Can’t wait for it to find a home.

* Nothing but respect for my president.

Horrified Florida students beg the adults: Please, do something about guns.

I have a thing to say about growing up after tragedy.

* On the imperative of content. No one knows.

The goal was to create “products,” which could then be monetized, but according to Leslie, who took over oversight of the institute in 2015, “There was not the foundation of a business plan” at the institute’s inception. This is perhaps not surprising, given that the “Framework for Excellence” which midwifed the Institute was literally dreamed up in two days by Chancellor Francisco Cigarroa and his advisors and passed by the regents “without asking a single question.”

* We should just create “incentive” / punishment structures that force college presidents to retire at 64 1/2, just like they all did to faculty.

When the White Supremacists Come to Campus.

* When the suits killed Barnes and Noble.

* The august sport of (checks notes) curling may never be the same.

* Male privilege is having never thought about this possibility.

Ban The United States From The Olympics.

* Cleaning products as bad for lungs as smoking 20 cigarettes a day, scientists warn.

* How banks block people of color from homeownership.

* ICE really doubling down. Man who called 911 about suspected burglary detained by ICE. He can’t get proper HIV treatment in Venezuela. But he’s being deported anyway. ICE Arrests in the Pacific Northwest Increased 25 Percent in 2017. Washington officials gave activist’s info to ICE. Refusing an interpreter to a deaf detainee. How ICE Works to Strip Citizenship from Naturalized Americans. ICE Arrests Man at a Green Card Interview. Tearing families apart.

* Know your immigration law.

* Like Uber but for human trafficking.

Westchester School Leaves Behind Disabled Students in Fire Evacuation.

This List of Every Reason Banner Hulks Out in the Classic Hulk TV Series Is Hilarious.

  • Receiving a lethal injection, and then having the person say, “Oh. I just gave you a lethal injection. Sorry, David.”
  • Wandering around in the service ducts of a hotel (predating Bruce Willis) only to accidentally yank several of the pipes loose and get a full blast of hot steam
  • Being tied up and fed soup by an elderly Japanese woman who doesn’t
    understand words like “You’ve GOT to cut me loose!”
  • Being thrown under a New Orleans Mardi Gras parade float by a mean guy in a gorilla suit who gives David a few kicks for good measure
  • Receiving a speeding ticket
  • Wandering around inside a carnival funhouse, only to have someone turn on the machinery so that David is somehow caught in a rolling tumbler and flipped over a few times and then thrown down a convenient slide

‘Minecraft’ Data Mining Reveals Players’ Darkest Secrets.

* When Fonzie time-traveled.

* How should we talk about Trump’s brain?

The Security Clearance Situation in the White House Is Bonkers.

* The case for impeaching Clarence Thomas.

Here’s What Critics Are Saying About Wes Anderson’s Isle of Dogs.

New York Federal judge rules that embedding tweets can violate copyright law.

* Black Panther killed it. Black Panther and the Invention of Africa. Black Panther Is Not the Movie We Deserve. The Man Who Made Black Panther Cool.

Winners of the 2018 Underwater Photographer of the Year Contest.

The Donkey Kong Timeline Is Truly Disturbing.

Debullshitifying Uber’s financial statement reveals a hemorrhaging fountain of red ink with no path to profitability.

* Let kids have a sense of control over their own lives. The research is clear, let’s ban homework. In Defense of Picky Eating.

First ship crosses Arctic in winter without an icebreaker as global warming causes ice sheets to melt. Miami could be underwater in your kid’s lifetime as sea level rise accelerates.

* A History of the United American Socialist Republics.

Here’s All 290 Star Wars Movies Officially in Production Right Now.

* I loved this read of “The Voice of the Dolphins” at LARB, but it’s odd that the piece never notes the very strong suggestion in the story that the entire dolphin project was a hoax.

* ImOscar.com.

* What was only a trial run was taken seriously.

* And in a time without heroes: Cow escapes on way to slaughterhouse, smashes through metal fence, breaks arm of man trying to catch her then swims to safety on island in lake.

Thursday Links!

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Scalia, Thomas, Roberts, Alito Suddenly Realize They Will Be Villains In Oscar-Winning Movie One Day.

Is it too late? The long view offers reason to hope. From Kim Stanley Robinson.

Mourning and Melancholia in the Anthropocene.

U.S. to Retire Most Chimps From Research.

The long road to marriage equality. Adam Kotsko: Marriage and Meritocracy.

In a previous post on this site I announced a plan for the creation of MOOA, or massive, open, online administrations that would supplant the thousands of separate administrations currently managing the affairs of America’s colleges. The MOOA idea was, of course, satire. However, I must report that two educational consultants contacted me to offer their services in bringing my MOOA to the market. Additionally, three separate reporters called to discuss the MOOA concept. When I explained that MOOA was a satire, one asked, “Are you sure?”

What we need instead, I think, is a study of neoliberal bias in the university, particularly since the rhetoric of neoliberalism has now become ubiquitous, the lingua franca of administrators and even many faculty. In the 1990s Bill Readings observed that the new rationale of the university was the amorphous, technocratic one of “excellence,” rather than the traditional ones of disciplinary reason or national culture. The incantation of “excellence” no longer has quite the same currency; the new neoliberal mantra includes the buzzwords “disruption,” “innovation,” and “choice.” Part of their force is that they seem self-evident goods: who would be against innovation or choice? But I think that they sidestep some of the crucial problems of higher education, especially regarding equality. According to all the statistical markers, college is subject to a steeper class divide than it was 40 years ago, and academic jobs show a sharper stratification. This violates the best hope of the American university. What good is innovation if it brings us a more inequitable world? 

* The latest update on Capturing the Friedmans.

* …given what we know from the big picture, I think it’s safe to say that ostensible reason for the long-term collapse in humanities enrollment has to do with the increasing choice of women to enter more pre-professional majors like business, communications, and social work in the aftermath of a) the opening of the workplace and b) universal coeducation suddenly making those degrees relevant. You’d have to be pretty tone-deaf to point to their ability to make that choice as a sign of cultural malaise.

* I used to maniacally play Solitaire Tic-Tac-Toe to keep myself sane in high school. If I’d known about Tic-Tac-Toe2, I might never have graduated.

* And good news everyone! The housing bubble is back!

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‘Call It a Longshot If You Like’

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The “maybe a savior will emerge to save the GOP from itself” fantasy genre has finally been perfected. Ladies and gentlemen, President Clarence Thomas.

Written by gerrycanavan

February 27, 2012 at 5:23 pm

‘A Judicial Officer or Employee Shall Not Accept a Gift from Anyone Who Is Seeking Official Action From or Doing Business with the Court’

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Written by gerrycanavan

September 10, 2011 at 12:41 pm

Monday Night Infinite Jest (and More)

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* The MLK Memorial opened today on the Washington Mall. Pretty visually stunning.

* zunguzungu has your Libya links.

* The headline reads, “The Scramble for Access to Libya’s Oil Wealth Begins.”

* Kaufman, who has a lifelong passion for American folk music, has just written a biography of Guthrie. And, much more unusually for an academic, he is singing his way across the US to promote it. He is performing Guthrie’s songs, which he mixes with short lectures and projected images in what Kaufman calls a “live musical documentary.”

* Grant Morrison: The Rolling Stone interview. More here. Via Bleeding Cool.

* The New Yorker profiles Clarence Thomas. Via just about everybody.

* Also via literally everybody: The Decembrists’ new Infinite-Jest-themed music video.

* Don’t miss Brad DeLong’s brief history of the Obama administration. Via Digby.

* 2010: Detroit apocalypse porn. 2011: Detroit is the new Brooklyn.

* Inside the mind behind Feminist Hulk. If you’d bet the account was owned by a graduate student in English literature, pick up your money at the front desk.

* Inside the Tea Party: a UNC professor has polled Tea Party supporters to determine that the Tea Party’s core values are “authoritarianism, fear of change, libertarianism and nativism.” I can’t imagine anyone anywhere will find this study remotely controversial.

* Kevin Drum asks: Can we fix the economy? Sign me up for Krugman’s Lament (first comment); we can fix this, we just won’t.

* Wikileaks implodes.

* And a look inside how Scrabble warps your brain.

Competitive Scrabble players’ visual word recognition behavior differed significantly from non-experts’ for letter-prompted verbal fluency (coming up with words beginning with a specific letter) and anagramming accuracy, two Scrabble-specific skills. Competitive players were faster to judge whether or not a word was real. They also judged the validity of vertical words faster than non-experts and were quicker at picking up abstract words than non-competitive players. These findings indicate that Scrabble players are less reliant on the meaning of words to judge whether or not they are real, and more flexible at word recognition using orthographic information.

Enjoy Your Plutocracy – 2

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More on yesterday’s Walmart v. Dukes decision from Dahlia Lithwick and Scott Lemieux. Here’s Lemieux:

…if you can’t use statistical and anecdotal evidence to prove gender discrimination — and, as he apparently admitted about racial discrimination and the death penalty during the deliberations in McKleskey v. Kemp, it’s clear there’s no amount of statistical and anecdotal evidence that would convince Scalia — then there really isn’t a law against gender discrimination at all. There’s just a law against having your company being run by complete idiots. Any amount of gender (or, presumably, racial) discrimination is acceptable to the Court’s Republican appointees as long as you’re not dumb enough to actually explicitly state it as a formal policy.

Elsewhere in Supreme Court news, we have ThinkProgress reporting that Clarence Thomas decided three cases where the American Enterprise Institute filed a brief after AEI gave him a $15,000 gift.

Monday Links

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* BREAKING: The rich are getting richer.

* ThinkProgress covers the growing Clarence Thomas ethics scandal and notes other justices have been forced out for what Thomas is known to have done.

* Empire, Nevada: The last company town shuts down. Via MeFi, which notes the connection to the Burning Man festival.

* Muppetational: YouTube has the trailer for The Muppets.

* And Hendrik Hertzberg explains the Anthony Weiner scandal.

Weiner’s sins, being wholly online, basically onanistic, pathetically “immature,” and totally without direct fleshly carnality, are literally ridiculous. They lack the swaggering macho that pushes more traditional, arguably crueler male transgressions—having affairs, whoring, fathering children out of wedlock—into the comparatively (though only comparatively) safer territory of “boys will be boys” and “men are like that.”

Let us never speak of it again.

A Political Objection in Legal Garb

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Laurence Tribe takes “Is Health Care Reform Constitutional?” for a ride.

But the predictions of a partisan 5-4 split rest on a misunderstanding of the court and the Constitution. The constitutionality of the health care law is not one of those novel, one-off issues, like the outcome of the 2000 presidential election, that have at times created the impression of Supreme Court justices as political actors rather than legal analysts.

Since the New Deal, the court has consistently held that Congress has broad constitutional power to regulate interstate commerce. This includes authority over not just goods moving across state lines, but also the economic choices of individuals within states that have significant effects on interstate markets. By that standard, this law’s constitutionality is open and shut. Does anyone doubt that the multitrillion-dollar health insurance industry is an interstate market that Congress has the power to regulate?

With respect to the mandate, he takes on the sophistry that asserts a constitutionally relevant difference between “activity” and “inactivity” as well:

The justices aren’t likely to be misled by the reasoning that prompted two of the four federal courts that have ruled on this legislation to invalidate it on the theory that Congress is entitled to regulate only economic “activity,” not “inactivity,” like the decision not to purchase insurance. This distinction is illusory. Individuals who don’t purchase insurance they can afford have made a choice to take a free ride on the health care system. They know that if they need emergency-room care that they can’t pay for, the public will pick up the tab. This conscious choice carries serious economic consequences for the national health care market, which makes it a proper subject for federal regulation.

Even if the interstate commerce clause did not suffice to uphold mandatory insurance, the even broader power of Congress to impose taxes would surely do so. After all, the individual mandate is enforced through taxation, even if supporters have been reluctant to point that out.

He seems to go so far as to predict an 8-1 decision in favor of the ACA, with only Thomas as the lone dissenter:

To imagine Justice Scalia would abandon that fundamental understanding of the Constitution’s necessary and proper clause because he was appointed by a Republican president is to insult both his intellect and his integrity. […] Only a crude prediction that justices will vote based on politics rather than principle would lead anybody to imagine that Chief Justice John Roberts or Justice Samuel Alito would agree with the judges in Florida and Virginia who have ruled against the health care law. 

I think Scalia’s intellect and integrity are highly overrated, and think Roberts and Alito will almost certainly vote on politics rather than principle—so I’m still predicting a 4-5 verdict in favor of the ACA, Justice Kennedy for the save. Prove me wrong, kids! Prove me wrong.

You Are Bad and You Should Feel Bad

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Written by gerrycanavan

January 30, 2011 at 12:18 pm

IOKIYAR

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Of course it’s not important that Justices Alito, Scalia, and Thomas attend secret right-wing fundraisers. Honest question: is there anything remotely comparable going on with the Court’s left wing?

Written by gerrycanavan

November 10, 2010 at 12:59 pm

Fear the Court?

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TPM’s long “Is Health Care Reform Constitutional” post today says that Bush v. Gore and Citizens United aside the Roberts majority is unlikely to strike down any part of the health care bill.

Several respected conservative legal experts essentially agree that the court would have to radically break with past rulings to strike down the law. John McGinnis, a former Bush 41 administration Justice Department official and a past winner of an award from the Federalist Society, told TPMmuckraker that the court could rule in favor of the AGs only by taking a radical Originalist view of jurisprudence — one that all but ignores precedent. “I think the only person who shares [that view] is Justice Thomas.” said McGinnis, now a constitutional law scholar at Northwestern Law School. “It’s a very difficult argument to make under current precedent.”

Doug Kmiec, a former Reagan administration Justice Department official, and conservative legal scholar, echoes that view. “The idea that a regulatory requirement (whether to purchase insurance or to purchase a smoke alarm) violates the Constitution by exceeding the scope of the commerce power was rejected in the age when Robert Fulton’s steam ships were at the center of case controversy and the proposition has not gained validity with the passage into the 21st century,” Kmiec, now the Obama administration’s ambassador to Malta, told TPMmuckraker.

And Orin Kerr, a professor at George Washington Law School, who has served as a special counsel to Sen. John Cornyn (R-TX) and clerked for Justice Anthony Kennedy, likewise believes the bill is almost certain to pass muster. “I think it’s very very unlikely that the mandate would be struck down as unconstitutional,” Kerr told TPMmuckraker.

There’s another problem with the lawsuit. Many judges are often reluctant to hear a challenge to a law until it has actually gone into effect — what legal types call a “ripeness” issue. The individual mandate won’t go into effect until 2014 — by which time factors like the composition of the Supreme Court, and the underlying politics driving the lawsuit, may well have changed.

Is Health Care Reform Constitutional?

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Last seen reminding state agencies how they can and should legally discriminate against homosexuals, Virginia Attorney General Ken Cuccinelli is already promising to file a legal challenge to tonight’s health care bill. This of course leads us to another exciting round of “Is Health Care Reform Constitutional?” Tonight’s contestant is Randy E. Barnett of Georgetown Law, writing in the Washington Post. Barnett appears much more agnostic on the specific legal questions involved than previous contestants like Erwin Chemerinsky, focusing instead on the aggressive radicality of the Roberts majority:

But what if five justices think the legislation was carried bleeding across the finish line on a party-line vote over widespread bipartisan opposition? What if control of one or both houses of Congress flips parties while lawsuits are pending? Then there might just be five votes against regulating inactivity by compelling citizens to enter into a contract with a private company. This legislation won’t go into effect tomorrow. In the interim, it is far more vulnerable than if some citizens had already started to rely upon its benefits.

If this sounds far-fetched, consider another recent case in which the smart money doubted there were five votes to intervene in a politicized controversy involving technical procedures. A case in which five justices may have perceived that long-established rules were being gamed for purely partisan advantage.

You might have heard of it: Bush v. Gore.

Of course I worry about this, because I think Roberts, Scalia, Alito, and Thomas would overturn health care in a heartbeat, on whatever spurious ground presented itself. But while I don’t always agree with him, I think Kennedy has integrity, and I don’t think he would go along with it. (Have to admit, though, I’ve never been more sad to have to say “no relation”…)

Thrusday Roundup

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Thursday roundup.

* In the Safford v. Redding case that got so much attention around the time of the Sotomayor nomination, the Supreme Court has ruled 8-1 that strip searching a thirteen-year-old girl on the word of another student in search of ibuprofen is unconstitutional. Clarence Thomas was the lone dissent, issuing a Cassandra-like warning of the plague of pills in underpants that is sure to follow. If we will not strip search our thirteen-year-olds, I ask you, who will?

* Nudism is the new Green.

* ‘Seeking a tougher climate bill, green groups set eyes on the Senate.’ So, giving up then.

* If anything it’s amazing Tim Burton waited this long to do Alice in Wonderland.

* My “Haloscan is broken” AskMe went completely unanswered. Haloscan remains broken. Situation dire. Hope lost.

* Some screenshots of Fox News party-ID follies. From Cynical-C.

Written by gerrycanavan

June 25, 2009 at 3:09 pm

We’re Gonna Need a Bigger Meme

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We’re gonna need a bigger meme: Clarence Thomas and empathy, Samuel Alito and empathy.

I had no idea Republicans were nominating so many activist judges.

Written by gerrycanavan

May 28, 2009 at 12:19 am