Posts Tagged ‘John Roberts’
Thursday Links!
* 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!
A Few Sunday Night Links
* 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.”
* 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
Not only did John Roberts apparently switch votes, he apparently wrote the bulk of both decisions.
Calling Balls and Strikes
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
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
* 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?
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”…)
A Certain Humility
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.
Friday Links 3
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.