Gerry Canavan

the smartest kid on earth

Posts Tagged ‘John Roberts

Tuesday Night Links!

leave a comment »

* I have another review at LARB this week, this time on Cixin Liu’s Supernova Era. Check it out!

Now, the humans in Liu’s fictions are not saints: there are always dire moments of backlash, too, moments of denial and cowardice and greed and the familiar madness of crowds refusing to face unpleasant truths. All of his major apocalyptic works thus far translated into English face this sort of ordinary and expected human failing as well. But what reads as genuinely, horrifyingly utopian for us in this moment is Liu’s insistence, across his career, that humanity does in fact want to survive — that, faced with a crisis that upends everything we know and threatens to impoverish and immiserate every human being alive and who will ever be alive, the human race will choose collective life over species death. This remains the most fantastic novum in anything Liu has written, an almost inconceivable shift in the priorities of our elites who, like the traitorous Escapers fleeing the invading Trisolarians in The Three-Body Problem, won’t even pretend to try and save the rest of us. “For more than 30 years, the science has been crystal clear,” a defiant, furious Greta Thunberg recently challenged the United Nations. “How dare you continue to look away, and come here saying that you’re doing enough when the politics and solutions needed are still nowhere in sight?” The adults of Supernova Era got it done in one. In a moment of intergenerational struggle defined by environmental protest groups like Sunrise Movement and Extinction Rebellion, and by the school climate strikes sparked by Thunberg and other young people around the globe, Supernova Era offers a tantalizing glimpse into another universe with an entirely different field of ecological politics, one where parents and grandparents won’t simply let their children and grandchildren suffer and die without a fight.

* And if you thought *I* was hard on The Testaments The Booker Prize — what happened?

* Help make Milwaukee socialist again!

* Do you hear the people sing? Chile’s people have had enough.

* Are Baby Boomers A ‘Generation Of Sociopaths’? Suicide is Gen Z’s second-leading cause of death, and it’s a worse epidemic than anything millennials faced at that age. ‘OK Boomer’ Marks the End of Friendly Generational Relations.

Image and Text #33 is all about Black Panther. Wakanda, Worldbuilding and Afrofuturism for a World Without Violence.

CFP – “Reading Comics at the Threshold.”

The world’s top economists just made the case for why we still need English majors.

Are Liberal Arts Colleges Doomed?

* CUNY Contract Deal Means Big Raise for Adjuncts.

Maryland’s Giant Global Campus Is Restructuring. And Professors Were Asked to ‘Recompete’ for Jobs.

* How Swarthmore shut down the frats.

Trump Education Official to Resign and Call for Mass Student-Loan Forgiveness.

Fredric Jameson: How to adapt to cultural change.

* The rise of eco-horror.

* Every prediction that has been made about climate change has turned out to be a drastic undershoot of the true severity of the crisis. Rising Seas Will Erase More Cities by 2050, New Research Shows.

* Hundred-year wildfires two or three times every week. A ‘high-end and dangerous’ Santa Ana wind event will dramatically escalate California’s fire risk starting Tuesday night. PG&E CEO Says It Could Impose Blackouts in California for a Decade.

* Zeitgeisty!

* The return of MOOCs, this time for climate change. Or because of incredibly poor planning, whatever, the point is MOOCs.

The UN’s Devastating Climate Change Report Was Too Optimistic. Images reveal Iceland’s glacier melt. An unprecedented climate change lawsuit against American oil giant Exxon Mobil is set to go ahead in New York. Kentucky’s Leaders Are Siding With the Coal Industry, and Its Poorest Residents Are Paying a Price. Amazon rainforest ‘close to irreversible tipping point.’ Humans are rapidly turning oceans into warm, acidifying basins hostile to life. US air quality dropped during Trump presidency after years of improvement, leading to thousands of premature deaths. Climate Activism Will Have ‘Terrible Consequences,’ Warn Richest People Alive. ‘Collapse OS’ Is an Open Source Operating System for the Post-Apocalypse. A New Video Game Tests Whether You Can Survive the Climate Apocalypse. How to Halt Global Warming for $300 Billion.

* The end of the Internet. The Real Threat to Journalism Is Not Donald Trump.

* Coca-Cola, no!

* The Great Unraveling.

* No one working at Newsweek can tell me why it still exists.

* Why lowering the voting age would make for a better democracy.

* Today in the scooter scam. You Lost How Much on Scooters? The madness of WeWork. San Francisco is losing residents because it’s too expensive for nearly everyone. Life in a dayspa — with 95 roommates. admin/admin.

Disability activist sues Minneapolis, scooter companies over sidewalk access. A report from the street.

Poor kids spend nearly 2 hours more on screens each day than rich kids.

* School surveillance.

On the Origins of the Professional-Managerial Class: An Interview with Barbara Ehrenreich.

* Welcome to Coffeyville, Kansas, where the judge has no law degree, debt collectors get a cut of the bail, and Americans are watching their lives — and liberty — disappear in the pursuit of medical debt collection.

* UWM study finds over half of gun violence perpetrators and victims had elevated blood lead levels as children. The final five percent.

* How aristocrats ate prestige TV.

* “Bulletproof Emmett Till Memorial Unveiled After Repeated Vandalism.”

* CA 1, NCAA 0.

* An oral history of the Chuck E. Cheese robots.

Hollywood’s New Self-Censorship Mess in China. Quentin Tarantino Holds Firm, Won’t Recut ‘Once Upon a Time’ for China.

* Biden’s just so bad at this. So bad at this! Bartenders for Bernie. Can Elizabeth Warren win it all?

* This is fine: In court hearing, Trump lawyer argues a sitting president would be immune from prosecution even if he were to shoot someone. Impeachment is too important to leave to Congress — it’s going to take mass mobilization. John Roberts will save us!

* Being President Supervillain.

Criminal misconduct by US border officers has reached a 5-year high.

* Taking the fight to every state.

* The recession returns to Wisconsin, which it never really left in the first place. Save me, Foxconn!

HUD officials knowingly failed ‘to comply with the law,’ stalled Puerto Rico hurricane relief funds.

* In the richest country in human history.

* Life in occupied Kashmir.

The Empire of Patrolmen.

* Orcs, Britons, And The Martial Race Myth, Part I: A Species Built For Racial Terror. I have an entire day in my Tolkien class devoted to this question, around the Gorbag/Shagrat passages in TTT and ROTK, just because it’s such a threat to the pleasure of the fantasy by the end of the semester.

* Tolkien’s lessons for Trump.

* Of course Mordor would be in Florida.

* The Evolution of Dragons in Western Literature: A History.

* The Fallen Worlds of Philip Pullman.

* Fantasy literature alignment chart.

* Benioff and Weiss explain at length how they don’t know anything about making shows. Five seconds later: David Benioff & D.B. Weiss Are No Longer Making Star Wars Movies.

* The Supreme Court Doesn’t Understand Transgender People. Its ignorance could lead to a legal catastrophe.

* Sphinx of black quartz, judge my vow!

* There’s a very good chance the government isn’t hiding aliens. I can’t believe they even got to Snowden.

Mass. Dem’s Bill Would Make It Illegal To Call Someone ‘Bitch.’

Hunt told the Boston Herald that he filed the bill after being asked to do so by a constituent. “Any time a constituent approaches me with something that is of concern to them, I follow through with it,” he said. “In this instance, someone asked me to file a bill that they deemed was important and I thought it was a good exercise to let that bill go through the process.”

I think I’ve found the one flaw in your legislative strategy.

* Can’t get good help these days: Hitman hires hitman who hires hitman who hires hitman who hires hitman who tells police.

Can You Really Be Addicted to Video Games?

* How YouTube radicalization works.

* We Are All Clowns: A Defense of Joker.

Disney Is Quietly Placing Classic Fox Movies Into Its Vault, and That’s Worrying.

* In honor of the return of Homestuck: How ‘Homestuck’ Defined What It Means to Be a Fan Online.

* The Evil Dead Cabin (Morristown, TN).

My Daughter and I Were Diagnosed With Autism on the Same Day.

* If we can put a man on the moon. Media and and social class: a guide. Scams. Dreams.

* One-page dungeon.

* Which words were first recorded in print the year you were born?

The 2010s Broke Our Sense Of Time.

* Ian Bogost wants that goose off his lawn.

* The origins of Kirby.

* We did it! U.S. Military Will Stop Using Floppy Disks to Operate Its Nuclear Weapons System.

* 271 Years Before Pantone, an Artist Mixed and Described Every Color Imaginable in an 800-Page Book.

* Nothing gold can stay.

* And imagine going back in time.

Written by gerrycanavan

October 29, 2019 at 4:51 pm

Posted in Look at what I found on the Internet

Tagged with , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Couldn’t Write a Damn Word Today, So: Links!

leave a comment »

* Capitalism didn’t liberalize China; it made America more authoritarian. More on that first one here, more on that second one here and here. When you’ve got me rooting for South Park things have gone very wrong.

Sad Dad Space Movies: A Taxonomy.

* Tananarive Due: Inside My 90-Minute Visit With Octavia Butler.

* Think I forgot to promote this one: Call for papers: UC Riverside Symposium on speculative futures and education.

* On good science fiction.

* Get ready for the next recession.

* John Henry vs the steam engine, 2019 edition.

* The looting of higher ed.

* Dive deep into the latest Elizabeth Warren controversy.

Poll: Majority of Americans say they endorse opening of House impeachment inquiry of Trump. Romney v. Trump.

* A truly heroic commitment to corruption at every scale.

You don’t have to work for ICE. We will help you find a better job.

* Greta Thunberg Heads to Standing Rock to Support Indigenous Activists.

Set in 2053, Carbon Ruins inhabits a near-future world where we managed to get our collective shit together, reaching global net-zero carbon dioxide emissions goals in 2050.

* News of the weird! This nearly fatal shooting may have you barking with laughter.

* Cancel billionaires.

* The Obamanauts.

* For $29, This Man Will Help Manipulate Your Loved Ones With Targeted Facebook And Browser Links.

* The Concern Troll in Everyone.

I think this is all tied to the much more abstract, multivalent erosion of 19th and 20th Century conceptions of publics and citizenship in the direction of the constellation of ideas and practices that we often call “neoliberalism”. The advantages of this deferral of direct responsibility for advocacy are obvious for individuals and institutions. David Brooks or Bret Stephens can throw up their hands and say that they’re not responsible for gross errors of fact or tendentious constructions of argument, because they’re only serving as a messenger for what is said and claimed by others that they believe their readers should know about. Institutions can shield themselves against risk and liability if they are only conforming to or compliant with decisions and practices adopted elsewhere. The failure of solutions can be blamed on the subcontractor that supplied them or simply on the intractability of the problem itself without putting any values or beliefs in danger.

* The Comic That Explains Where Joker Went Wrong.

Pope Francis considers lifting celibacy requirement for priests.

* every time i think about this poem i need to lie down.”

* The Supreme Court has told Domino’s they have to stop suing over an accessibility issue that would have cost them $40,000 to fix.

* Don’t Be Fooled. Chief Justice John Roberts Is as Partisan as They Come.

* I can’t buy pizzas for an event without three signatures and I’m not allowed to tip over 16%, and I once exchanged an hour of emails with our accounting office over (literally) four cents, but ex-prof’s strip club habit sticks Drexel University with $190K bill.

* Against automated hiring.

Lyft and Uber Are Having a Terrible, Awful, No-Good Time.

* What can’t we remember our earliest years?

* And this gender reveal party has so much to teach us.

Thursday Links

with 2 comments

* America, I just want you to know there’s still time to stop this.

* Really got our number here: All Possible Humanities Dissertations, Considered as Single Tweets.

RT @gerrycanavan: This short text, seen rightly, reveals the contradictions of a whole culture.

Scholarly Associations Defend Tenure and Academic Freedom in Wisconsin.

* Now Cooper Union’s president is out, too.

Since starting to write this story about Champion, so many people have warned me away, expressed concern and shock, or (helpful but alarming) encouraged me to call the police if ever I felt threatened. I sort of knew what I was getting into when I began, and I believe I have as good an understanding now as I can have now that I’ve finished, but this fear is palpable. I know Champion will read this and I cannot imagine how it will feel for him. I would not want such a piece to be written about me, but I also hope never do to the kinds of things Champion has done. And I think that if I ever do them, I will deserve a story like this. Fascinating, frightening read.

* Unhappy career advice from the Chronicle: “You might not be ready for promotion.”

* UNC gets put on one-year probation for its recent student-athlete scandals. In other news, accreditation is a joke.

11-Year-Old Boy Played in His Yard. CPS Took Him, Felony Charge for Parents.

The Post-Ownership Society: How the “sharing economy” allows Millennials to cope with downward mobility, and also makes them poorer.

* History is a nightmare from which we are trying to wake George R.R. Martin.

This Artist Is Taking The Condemned Homes Of Detroit And Turning Them Into Gorgeous Fuddruckers Franchises.

* Clever girl: Reviewer From The Guardian Says Jurassic World Passes Bechdel Test Because of Female Dinosaurs. See also.

* Teach all girls self-defense.

* Bold new horizons in student debt moralism.

* The history of America, as seen through the Census.

* Twilight of “you guys.”

Quentin Tarantino is ‘retrofitting 50 theaters in the world’ with special projectors so they can show his new film properly.

* John Roberts, liberal hero?

* Being Kumail Nanjiani.

Doogie Howser, M.D. gets the gritty reboot you never knew it needed.

* Harriet Potter and the Very Dedicated Parent. There really should be an app for this.

* Male film critics are apparently unable to understand the explicit, surface text of Goodfellas.

* Alanis Morissette, before Jagged Little Pill.

* The arc of history is long, but.

* This is close, but I for one believe the hottest take is still out there.

* And I guess some people just see farther.

census_black_race_v3.0

Thursday Links!

with one comment

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!

19-late-game1-1

A Few Sunday Night Links

leave a comment »

* Another great Muppet thing that never was: Douglas Adams and Jim Henson tried to develop a TV special about the Muppet Institute of Technology.

* Given Politco’s track record, I think we can expect Mitt to make a comeback in the next few days.

* I’ve been fascinated all week by the stories about Sean Smith, one of the U.S. foreign service workers killed in the consulate attacks this week, and his virtual life in EVE Online as “Vile Rat.”

* The Boy Scouts have a pedophile blacklist dating back to 1919. Of course, they never actually involved the cops, or, you know, did anything about it. Heavens no.

* Will Self, “The Trouble with My Blood.”

* Eugenics at Yale.

* When Roberts flipped.

* Unpaid internships in the New York Times.

* And just for laughs: A spokesman for Rep. Nan Hayworth (R-N.Y.) is facing criticism after advocating violence against female Democratic senators in a Facebook post.

My question today… when is Tommy boy going to weigh in on all the Lilly Ledbetter hypocrites who claim to be fighting the War on Women? Let’s hurl some acid at those female democratic Senators who won’t abide the mandates they want to impose on the private sector.

“Acid in Female Senators’ Faces: Opinions Differ.”

One Man in His Time Plays Many Parts

leave a comment »

Not only did John Roberts apparently switch votes, he apparently wrote the bulk of both decisions.

Written by gerrycanavan

July 3, 2012 at 10:31 pm

Links from the Week

leave a comment »

* I definitely picked the wrong week to stay off the Internet: SCOTUS plays the best and biggest game of “Is Health Care Reform Constitutional” of all time. It is! “The decision was 4-1-4.” Why Did Roberts Do It? How and Why Did Justice Roberts Do It? The right goes bonkers, claims Roberts is mentally ill. Did Roberts change his vote at the last minute? Did he? Did he? The long, sad twilight of Anthony Kennedy. Antonin Scalia, ranting old man. Did Scalia Scare Off Roberts? Ilya Shapiro: We Won Everything but the Case. And Ginsberg kills it. Ruth Bader Ginsberg, hero. More (oh, so much more) from SCOTUSblog.

Should we be surprised by the Supreme Court’s decision to uphold the individual mandate and most of the Affordable Care Act? From the perspective of constitutional doctrine, the Supreme Court’s decision follows from 75 years of unbroken precedents.

* The Arizona SB-1070 decision was kind of a big deal, too.

* The important questions: Two-Thirds of Americans Think Barack Obama Is Better Suited to Handle an Alien Invasion Than Mitt Romney.

* The important questions: Did Nick Fury break the law when he refused to nuke New York?

* Jimmy Carter: The United States is abandoning its role as the global champion of human rights. Abandoning? Champion? Human rights? Let’s start over.

* Wes Anderson Explains How to Make a Wes Anderson Film.

* The National Labor Relations Board announced Friday that it will reconsider a 2004 ruling by the board that took away the right of graduate students at private universities to unionize.

* College students are facing a roughly $20 billion increase in the cost of their federal loans, despite a much-heralded deal in Washington to contain the expense of higher education.

Starting Sunday, students hoping to earn the graduate degrees that have become mandatory for many white-collar jobs will become responsible for paying the interest on their federal loans while they are in school and immediately after they graduate. That means they’ll have to pay an extra $18 billion out of pocket over the next decade.

Meanwhile, the government will no longer cover the interest on undergraduate loans during the six months after students finish school. That’s expected to cost them more than $2 billion.

* Ten Years After Decriminalization, Drug Abuse Down by Half in Portugal. Chicago decriminalizes small amounts of marijuana.

* Watch out: here comes the Big Rip.

* How Many LEGOs Would It Take to Build Your House? Kiss goodbye to your productivity: Google just brought 8 trillion LEGO blocks to Chrome.

*  Jesus wept: “We believe the current teaching of a multicultural curriculum is divisive,” the platform says, adding that it supports teaching “common American identity and loyalty instead of political correctness that nurtures alienation among racial and ethnic groups.” In Arizona, where Republicans banned multicultural programs, students in those programs actually out-performed their peers. Texas Republicans also believe “controversial theories” such evolution and climate change — which aren’t controversial at all — “should be taught as challengeable scientific theories subject to change as new data is produced.” There’s more: the GOP also opposes the teaching of “critical thinking skills” because they “focus on behavior modification and have the purpose of challenging the student’s fixed beliefs and undermining parental authority.”

* When Roddenberry met Asimov.

* How 100-million year old geology affects modern presidential elections.

* And Smithsonian Magazine says it’s time to get your ass to Mars.

Calling Balls and Strikes

leave a comment »

So, as the Chief Justice chose how broadly to change the law in this area, the real question for him, it seems, was how much he wanted to help the Republican Party. Roberts’s choice was: a lot.

The New Yorker on John Roberts and how we got Citizen’s United.

A Political Objection in Legal Garb

with one comment

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.

Sunday Night in Brussels

with 5 comments

* We’re in Brussels tonight, which as I mentioned on Twitter is my kind of town: obsessed with french fries, chocolate, and comic books. We’ve really been enjoying the comics murals walking tours and I’m hoping to snag all 38 by the time we leave. We should have time, because unbeknownst to the person who planned our trip the entire country of Belgium shuts down on Mondays. Somebody really Belgiumed this thing up big time.

* Stay in the same expensive hotels. Don’t live close to the people. Produce lots of stories and make money. Pull up in your rented SUV to a camp of people who lost their homes, still living under the wind and rain. Step out into the mud with your waterproof boots. Fresh notepad in hand. That ragged-looking woman is yelling at you that she needs help, not another foreigner taking her photo. Her 3-year-old boy is standing there, clinging to her leg. Her arms are raised, mouth agape, and you can’t understand her because you don’t speak Haitian Creole. How to write about Haiti, via MetaFilter.

* It’s rare to see Malthusian arithmetic drawn out so explicitly. How many of the world’s poor do we need, really?

* Somebody finally let the New York Times know that the Roberts court is ultraconservative. Via OpenLeft.

* Ph.D. Comics is visiting Comic-Con (1, 2). Part 3 will be posted tomorrow, I think.

* And thirty-forty-five years ago today, Bob Dylan betrayed us all. See also. Via Neil.

Is Health Care Reform Constitutional?

with one comment

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”…)

This Is How Rumors Get Started

leave a comment »

Written by gerrycanavan

March 4, 2010 at 8:44 pm

A Certain Humility

leave a comment »

My personal appreciation that I owe a great debt to others reinforces my view that a certain humility should characterize the judicial role.

Judges and justices are servants of the law, not the other way around. Judges are like umpires. Umpires don’t make the rules; they apply them.

The role of an umpire and a judge is critical. They make sure everybody plays by the rules.

But it is a limited role. Nobody ever went to a ball game to see the umpire.

Judges have to have the humility to recognize that they operate within a system of precedent, shaped by other judges equally striving to live up to the judicial oath.

The Supreme Court will likely overturn Chicago’s handgun ban. Don’t miss Jeffrey Rosen’s piece on the radicalism of the Roberts majority at TNR.

Written by gerrycanavan

March 3, 2010 at 11:00 am

Closing! All! My! Tabs!

with one comment

* Al Gore is coming to Duke this April.

* Arbitrarily defined political, social, and religious positionalities correlate with a measurement that doesn’t mean anything to prove people like me are smarter than everybody else. Science!

* For the doctors in the audience: A transit map of the human body.

* John Roberts, radical. Via MeFi.

For the past few years, I’ve been giving Roberts the benefit of the doubt, hoping that he meant it when he talked about the importance of putting the bipartisan legitimacy of the Court above his own ideological agenda. But, while Roberts talked persuasively about conciliation, it now appears that he is unwilling to cede an inch to liberals in the most polarizing cases. If Roberts continues this approach, the Supreme Court may find itself on a collision course with the Obama administration–precipitating the first full-throttle confrontation between an economically progressive president and a narrow majority of conservative judicial activists since the New Deal.

* This note shows that the aggregate fiscal expenditure stimulus in the United States, properly adjusted for the declining fiscal expenditure of the fifty states, was close to zero in 2009. While the Federal government stimulus prevented a net decline in aggregate fiscal expenditure, it did not stimulate the aggregate expenditure above its predicted mean. In other words, the federal stimulus primarily covered shortfalls in state budgets; it wasn’t new spending.

* Congratulations, Senate Republicans, on another historic benchmark.

* Another day, another set of outrageous lies from Fox News.

* Another academic career ruined by Facebook?

* Health care, they say, by Easter. Thirty-six Senators now support the reinserting the public option through reconciliation; here’s how they can bring it to a vote. Meanwhile, in the House, Pelosi only needs 216 votes. It’s still being reported that the House will act first.

* Steve Benen has a list of the additional Republican ideas that Obama now wants in the health care bill. I’m certain they now hate these ideas too. Quick, call a summit!

* On Nicole Kidman’s pre-existing conditions.

* When Sartre wrote for Hollywood.

* What Smith and [Stanley] Fish are doing is asking a stupid question — where are the Orders of the Cosmic Dictator? — and failing to note that there seems to be no evidence of a cosmic dictator, and his orders are merely pretenses put up by institutionalized frauds. And then they run about in circles, flailing their arms and screaming at the people who point out that there are no orders.

* How to resign from the Catholic Church.

* Lost landscapes of Detroit.

* A History of Obama Feigning Interest in Mundane Things.

* Globalization, as seen through your taco.

* Rejoice: marriage equality in DC tomorrow.

* And please, leave Indy alone.

Friday Links 3

leave a comment »

Friday links 3. [UPDATE: Comments closed on this post due to harassment from a banned commenter. Looking into solutions. Reopened.]

* How long will the MSM cover up the heroics of time-traveling Ronald Reagan?

* Another take on Mark McGurl’s The Program Era: Postwar Fiction and the Rise of Creative Writing, this time from the Valve, about transnationalism and the American university.

* More on yesterday’s unjust Supreme Court decision on the right to DNA evidence from Matt Yglesias, including a link to this striking observation from Jeffrey Toobin on John Roberts’s governing judicial philosophy:

The kind of humility that Roberts favors reflects a view that the Court should almost always defer to the existing power relationships in society. In every major case since he became the nation’s seventeenth Chief Justice, Roberts has sided with the prosecution over the defendant, the state over the condemned, the executive branch over the legislative, and the corporate defendant over the individual plaintiff. Even more than Scalia, who has embodied judicial conservatism during a generation of service on the Supreme Court, Roberts has served the interests, and reflected the values, of the contemporary Republican Party.

* Peak Oil, risk, and the financial collapse: some speculative economics from Dmitry Orlov. Via MeFi.

* Mark Penn’s superscience proves pessimism is the new microtrend. Via Gawker.

* Freakonomics considers vegetarianism-sharing.

* Possible outcomes in Iran from Gerry Seib in The Wall Street Journal. Via the Plank.

* People power prevails. After some period of extended protest, President Mahmoud Ahmadinejad is shown to be a fraud, his re-election rigged, and Mir Hossein Mousavi and his forces of moderation win a runoff. A long process of changing Iran’s system in which real power lies in the hands of clerics operating behind the scenes begins, and the voices demanding an end to Iran’s international isolation move to the fore. Such a simple and straightforward outcome seems unlikely, but that’s what happened in Ukraine.

* Mr. Ahmadinejad survives, but only by moderating his position in order to steal the thunder of the reformers and beat them at their own game. U.S. officials think it’s at least possible the erratic leader decides to survive by showing his critics that he actually is capable of what they claim he isn’t, which is reducing Iran’s isolation. He stays in power and regains his standing with internal critics by, among other things, showing new openness to discuss Iran’s nuclear program with the rest of the world.

* The forces of repression win within Iran, but international disdain compounds, deepening world resolve to stop Iran’s nuclear program and its sponsorship of extremists. In other words, Iran doesn’t change, but the rest of the world does.

* The protests are simply crushed by security forces operating under the control of spiritual leader Ali Khamenei, the election results stand untouched, and Iran’s veneer of democracy ultimately is shown to be totally fraudulent. That makes it clear that the only power that matters at all is the one the U.S. can’t reach or reason with, the clerical establishment. There is no recount, no runoff, and the idea that “moderates” and “reformers” can change Iran from within dies forever.

* There is some legitimate recount or runoff, but Iran emerges with Mr. Ahmadinejad nominally in charge anyway. He emerges beleaguered, tense and defensive, knowing he sits atop a society with deep internal divides and knowing the whole world knows as well. His control is in constant doubt. What’s the classic resort of such embattled leaders? Distract attention from internal problems with foreign mischief, and use a military buildup (in this case, a nuclear one) to create a kind of legitimacy that’s been shown to be missing on the domestic front.

* Mr. Mousavi somehow prevails, perhaps through a runoff, and becomes president, but he operates as a ruler deeply at odds with the clerical establishment that controls the military and security forces, and deeply mistrusted by it. As a result, he’s only partly in charge, and in no position to take chances with a real opening to the West. He has always supported Iran’s nuclear program anyway and now has to do so with a vengeance to show that, while a reformer, he isn’t a front for the West.