Posts Tagged ‘originalism’
Thursday Doesn’t Even Start Links
* Free issues of Extrapolation and Science Fiction Film and Television at LUP include the suburbs, the superheroes, utopia, dystopia, Octavia Butler, my piece on the Lorax and apocalypse as children’s entertainment, and more! Sarah Schaefer also reminded me today of the piece I wrote on Hogarth, The World’s End, and China Mieville’s apocalyptic take on Utopia for a recent Haggerty Museum exhibition, so check that out as well…
* Record 6.6 Million Americans Sought Unemployment Benefits Last Week. Online Unemployment Benefits Systems Are Buckling Under a Wave of Applications. Unemployment benefits for gig and self-employed workers stalled by confusion, delays. The list of those who won’t get a $1,200 stimulus check is growing — and includes some surprising groups. Nearly 60 Percent of U.S. Workers Won’t Be Able to Meet Their Basic Financial Needs Under One-Month Coronavirus Quarantine, Survey Shows. Coronavirus job losses could total 47 million, unemployment rate may hit 32%, Fed estimates. CBO Does Not Assume a V-Shaped Recovery. It’s time for a massive wartime mobilization to save the economy. A coronavirus recession will mean more robots and fewer jobs. General Electric Workers Walk Off the Job, Demand to Make Ventilators. Whole Foods Employees Are Staging a Nationwide ‘Sick-Out.’ The long reach of insecure gig work in America. There’s Never Been a Better Time for Us to End Private Health Insurance Than Right Now. Our Health Insurance System Was Not Built for a Plague. Imagining a Better Life After the Coronavirus. How a debt jubilee could help the U.S. avert economic depression. Notes towards a general strike.
* Why is the US so exceptionally vulnerable to Covid-19?
* Why has the American response to COVID-19 been so exceptionally bad? Because American capitalism uses the withholding of care to workers as a growth sector in an otherwise stagnant economy.
* Governors plead for medical equipment from federal stockpile plagued by shortages and confusion.
* In other words: 166,000 people are being put in solitary confinement for the next two weeks.
* This Is Not the Apocalypse You Were Looking For. Why We Need Utopian Fiction Now More Than Ever. No, xkcd, I simply refuse to look on the bright side of this. Ted Chiang Explains the Disaster Novel We All Suddenly Live In. This almost could have been my list: The Best Books to Last You Through Social Distancing.
* The One with the Coronavirus.
* Thousands of emergency medical technicians in New York City have been enlisted in the fight against the new coronavirus. Granted anonymity, one of them shares the frustrations and fears, the tough decisions, and the devastating realities of a single tour. A crying doctor, patients gasping for air and limited coronavirus tests: A look inside a triage tent in Chicago.
* Ports around the globe are turning cruise ships away en masse amid the coronavirus pandemic, leaving thousands of passengers stranded even as some make desperate pleas for help while sickness spreads aboard. The coronavirus may sink the cruise-ship business.
* Army Warned in Early February That Coronavirus Could Kill 150,000 Americans. Covid vs. US Daily Average Cause of Death. Bleak figures from Western Europe may offer a preview of what coronavirus death tallies will look like in the United States. Mortality data suggest that much of the world is undercounting the true toll of covid-19. How Does the Coronavirus Behave Inside a Patient? Outside the box solutions. I know the day we got it.
* The Internet Archive Chooses Readers. Divorce, co-parenting, and the coronavirus. What Happens When Both Parents Get COVID-19. A Couple Drove 5,000 KM to Yukon to Escape Coronavirus. Locals Were Furious. Loneliness and coronavirus.
* College after COVID-19. What’s lost in the rush to online learning. Time to teach teaching the virus. Zoom is malware. The university in a moment of intersecting crises. Cash Flow and Financial Exigency in Post-Pandemic Higher Ed. The show must go on.
* Remote learning is turning out to be a burden for parents.
* For victims of domestic violence, stay-at-home orders are a worst-case scenario.
* You think you’re going nuts during quarantine? Astrophysicist gets magnets stuck up nose while inventing coronavirus device.
* Why Games Have Always Obsessed Over Pandemic Authoritarianism.
* So much of reading journalism critically is finding out where the outlet is saying to its smug readers “ha ha aren’t other people stupid” and then trying to uncover the reason why that’s wrong. This time it’s about the toilet paper.
* Elon Musk, ridiculous clown.
* All the Democrats, ridiculous clowns. But for real. But for real. For real.
* Democrats postpone presidential convention until Aug. 17.
* Did not see that coming: Pablo Escobar’s Hippos Fill a Hole Left Since Ice Age Extinctions.
* That one time Felix Guattari tried to sell a script in Hollywood.
* Nisi Shawl’s crash course in black science fiction.
* How Big Oil and Big Soda kept a global environmental calamity a secret for decades. While you were busy.
* Looming Global Condom Shortage Spurs Thai Firm to Ramp Up Output.
* America’s political dysfunction is rooted not in ideological polarization, but in the Republican Party’s conviction that it alone should be allowed to govern. They don’t even think we should be allowed to vote, unless of course voting might kill some of us.
* Originalism was bullshit! The whole time! Who could have seen this coming!
* Policing and the English language.
* Great to see my old MFA pal Dan getting the last-name-only treatment for this quarantine-friendly poem: “Things to Do in the Belly of the Whale.”
* A thousand r/DaystromInstitute posts are blooming in the wake of the failure of S1 of Picard; I liked this one as a possible alternative character motivation for Admiral Picard.
* Even Lab-Grown Meat Won’t Save Us From a ‘Terrible Reckoning.’
* Francis Ford Coppola Is Ready to Make His Dream Sci-Fi Project.
* Coming soon to the Switch: Star Wars Episode I: Racer and a whole truckload of Mario games.
* The return of Rick and Morty.
* And Polygon rightly hypes Gloomhaven after the Frosthaven Kickstarter crosses $5M in a single day.
Monday Morning Links! All of Them! ALL OF THEM
* Of course you had me at Zelda propaganda posters.
* Special issue of Deletion: Punking Science Fiction.
* Editorial: We Should Create a Honors College to Propagandize on Behalf of the People Who Already Control Everything.
* A surprisingly large number of Obama-era ICE and HHS horrors got rediscovered as if they were new to Trump this weekend. This is a case where Trump’s horror truly is as much continuity as break.
* Even despite that continuity, though, we seem to be moving to a new energy state: Taking Children from Their Parents Is A Form of State Terror.
* Fighting spectacle with snores, or why Trump could easily win a second term.
* Is America heading for a new kind of civil war?
* Fascism is back; blame the Internet.
* I was Jordan Peterson’s strongest supporter. Now I think he’s dangerous.
* After a white supremacist killed a protester in Charlottesville in 2017, Facebook pushed to re-educate its moderators about hate speech groups in the US, and spell out the distinction from nationalism and separatism, documents obtained by Motherboard show.
* Wisconsin Prisons Incarcerate Most Black Men In U.S. Milwaukee PD Misconduct Has Cost the City $22 Million Since 2015.
* When a Nashville man named Matthew Charles was released from prison early in 2016 after a sentence reduction, he’d spent almost half his life behind bars. But in a rare move, a federal court ruled his term was reduced in error and ordered him back behind bars to finish his sentence.
* Man, 79, sentenced to 90 days of house arrest in 5-year-old girl’s rape.
* She Went to Interview Morgan Freeman. Her Story Became Much Bigger.
* This has created a problem that has not been seen before: voluntary, intentional, migrating, mobile, functional, litter. The bikes and scooters are disruptive to the locations where they are abandoned and, because they are constantly moving, the issues of abandonment and refuse are constantly cycling (sorry) throughout an urban region. Yesterday’s bike or scooter blight might be around today, or it might move for a few days and then return. In short, the bikes and scooters share a civic pattern similar to that of homelessness. Thus, in an unexpected way, the dockless bikes and scooters are also competing with the homeless for pieces of urban space upon which to temporarily rest.
* Mike Meru, a 37-year-old orthodontist, made a big investment in his education. As of Thursday, he owed $1,060,945.42 in student loans.
* Executives of big U.S. companies suggest that the days of most people getting a pay raise are over, and that they also plan to reduce their work forces further. Also, rich people are going to be needing your blood so they can stay young forever, just FYI.
* Be more like Chipotle, Jerry Brown tells California universities.
* Report Says Rising CO2 Levels Are Ruining Rice. Allergy Explosion Linked to Climate Change.
* For Women of Color, the Child-Welfare System Functions Like the Criminal-Justice System.
* Now that’s what I call ideological state apparatus™.
* A new front in the drug war.
* HUGE IF TRUE: Hollywood isn’t on the side of the resistance.
* Teen Vogue and woke capital.
* Antonin Scalia was wrong about the meaning of ‘bear arms.’ I think a better description here is “not even wrong”; originalism is a rhetorical style, not a claim of fact.
* Sexpat Journalists Are Ruining Asia Coverage.
* A People’s History of Superstar Limo, Disney’s “worst attraction ever.”
* Solo crashes and burns, even underperforming Justice League. I haven’t seen it yet, but it certainly sounds like it had it coming. Relatedly: The Ringer takes a deep dive into the now-decanonized Han Solo prequels from the EU.
* Wakanda fans might be interested in the very odd turn the comics have taken. Relatedly: ‘Black Panther’ meets history, and things get complicated.
* Janelle Monáe for President.
* Conducting a posthumous interview with science-fiction author Octavia E. Butler. Your People Will Find You: A Podcast with the Octavia E. Butler Legacy Network. And Ayana Jamieson’s authorized biography of Butler has a Patreon.
* Built in 718 AD, Hōshi is the second oldest ryokan (hotel or inn) in the world and, with 46 consecutive generations of the same family running it, is hands down the longest running known family business in history.
* Wendy Brown at UC: What Kind of World Do You Want to Live In?
* Interesting Twitter thread on emergency and the suspension of the law.
* Half the budget, half the fun: A Star Trek World May Be Coming to Universal Studios.
* Power vs. responsibleness. Politics y’all. Existence is objectively good.
* This is an urgent reminder: Mindflayers are not sympathetic.
* As Kip Manley said, this is the flag of the Anthropocene.
* And I want to believe! US aircraft carrier was stalked for days by a UFO travelling at ‘ballistic missile speed’ which could hover above the sea for six days, leaked Pentagon report reveals.
In Which Antonin Scalia Sets Out to Completely Break My Spirit, and Succeeds
Today’s hearing on the Voting Rights Act featured some of Scalia’s most breathtaking anti-textualist and ad-hoc reasoning ever. The argument is literally that the Supreme Court is tasked to strike down popular laws because otherwise they’ll be continually reauthorized in perpetuity because people want them. Like the Founders intended!
Just astounding.
More here and here. My sole consolation here is @studentactivism’s shocking discovery that Scalia’s entire term on the Supreme Court is null and void by the well-known Constitutional principle that it doesn’t count if it was unanimous. Article 1. Look it up.
Flim-Flam
This is typical Scalia. He respects precedents when they fit his conservative ideology and disregards them when they don’t. He claims that history should guide judges. But nothing about the history of the commerce clause has changed. What’s changed is the political implications of the commerce clause. When its being invoked for law and order conservatives, he favors Wickard. When invoked by liberals to support healthcare reform, he thinks Wickard is bad law. Once again, we see that Scalia’s originalism is a charade.
Tea Partiers, Jersey, Cheney, Scalia, Guns, 2010, RNC
* Tea Party supporters in New Jersey try to recall Robert Menendez despite the fact that no recall procedure exists for federal legislators under the Constitution. New Jersey Democratic Chairman John Wisniewski is angry about it:
“The attempt to recall Senator Menendez is an affront to the voters of New Jersey and has no standing in law. One day these folks are trying to disprove human evolution, the next day they are challenging the constitutionality of the Constitution. These are radical people who chose Menendez off of a list of Democrats because of the sound of his last name.”
Via Daily Kos.
* Inside the RNC’s secret fundraising strategy memo.
The small donors who are the targets of direct marketing are described under the heading “Visceral Giving.” Their motivations are listed as “fear;” “Extreme negative feelings toward existing Administration;” and “Reactionary.”
Major donors, by contrast, are treated in a column headed “Calculated Giving.” Their motivations include: “Peer to Peer Pressure”; “access”; and “Ego-Driven.”
And yet it’s the Left that’s supposed to be condescending and arrogant. Conor Friedersdorf is pretty unhappy about all this.
* Former DNC Chair Howard Dean says the pundits are misreading 2010: the mood is anti-incumbent, not anti-Democrat.
* Firedoglake gets nostalgic for the Cheney doctrine, which says we should invade other countries at the slightest probability of danger but apparently doesn’t apply to protecting the only planet we will ever have.
* And The Wall Street Journal, of all places: So Where’s Your Originalism Now, Justice Scalia?
Justice Scalia insisted that the right to keep and bear arms is right there in the text, which of course is true. But so too is the Privileges or Immunities Clause, which, unlike the Court’s due process jurisprudence, has a historical meaning that helps define and limit the rights it was meant to protect.
At the McDonald argument, it seemed obvious that five or more justices will vote to apply the Second Amendment to the states. . . . But it was also obvious that most were deeply afraid of following a text whose original meaning might lead them where they do not want to go.
Via MyDD. More on the Chicago gun case at SCOTUSblog.
Tuesday Late Night
* A major earthquake has hit Haiti, throwing the nation into chaos and likely causing massive loss of life. The U.S. ambassador to Haiti has called it “a catastrophe of major proportions.” Rolling coverage at MetaFilter.
* Google has announced it is reversing its stance of compliance with Chinese government censorship.
* Murdoch unhappy with Ailes and Fox News? Children always grow up into monsters.
* Every spring, Patterson runs a policy simulation designed to illustrate the difficulty of operating an organization in the context of asymmetric and limited information. Every fall, I run a two hour mini-simulation designed to give students a sense of how the larger simulation will play out. In my first year, I did zombies; the year after was the aftermath of Independence Day, and last year I asked our 35 first year graduate students to develop a strategy for containing or killing Godzilla. Since vampires seem to be in the news lately, this year I chose a vampire oriented scenario.
* And now Scalia looooooooves foreign legal precedent. Originalism sure is complicated!
Happy Canada Day
Happy Canada Day. Let’s celebrate with links.
* SEK considers Infinite Summer’s weird morbidity (yes, it is weird), as well as the murky fluidity that constitutes literary “generations.” Despite the many other projects that already threaten to consume July I’ve decided to halfheartedly participate in this, and may even post about once I’ve caught up to where I’m supposed to already be in the book.
* “Pseudo-Liveblogging Tenure Denial”: just reading the headline is enough to fill me with dread.
* Richard Dawkins helps fund the world’s least-fun summer camp.
* Following up on my post about Ricci and originalism from earlier in the week, in which as usual the comments are better than the post, here’s Chuck Todd on MSNBC calling out the judicial activism to a speechless Joe Scarborough.
* Wal-Mart on the side of the angels? The monolith has endorsed an employer mandate in health care.
* Video games as murder simulators? The same claim can be made about just about any immersive media experience (and has been), with the existence of negative effects always taken as obvious but never actually demonstrated. (via /.)
* I have only vague memories of the original Alien Nation, though it’s been in my Netflix queue for a while—so I’m glad to see rumors of a sequel series helmed by Angel‘s Tim Minear. More at Sci-Fi Wire.
* Sainthood in America: the Archdiocese of Baltimore may soon recommend a local 19th-century priest to the Vatican for canonization. I found it an interesting look at the balancing act that must now be played when looking for miracles in an age of science:
“Something worked very well,” said Dr. Larry Fitzpatrick, chief of surgery at Mercy Medical Center, who will serve as medical expert on the archiocesan committee.
Preparing for his committee role, Fitzpatrick spoke to specialists at Memorial Sloan-Kettering Cancer Center in New York and M.D. Anderson Cancer Center in Houston.
“They’ve all got a few stories like this,” he said. “Is this woman really any different from these, what I would call ‘statistically improbable’ cases? The outcome is very unusual, but it’s not the only one.”
Fitzpatrick said his role on the panel is to be the scientist, to “be the Doubting Thomas,” but as a Catholic, he says, he must entertain the possibility of a supernatural cause.
What method could one possibly use to divide what is merely “statistically improbable” from what is “genuinely miraculous”?
Ricci
Excitement on the SCOTUS beat as the Court overturns the lower court Ricci decision in a 5-4 vote along the usual partisan breakdown. Since Sonia Sotomayor had been part of the Second Circuit’s upholding of the original decision, now overturned, this decision will undoubtedly receive a lot of attention even beyond the usual contentiousness that surrounds affirmative action. I haven’t followed the case closely enough to say much of anything about it—and to be fair it sounds like an especially hard case—though my gut reaction to any 5-4 decision from the Roberts court closely matches this take from conservative columnist Ramesh Ponnuru in the New York Times:
The debates on these issues are highlighting a deep inconsistency in the way my fellow conservatives approach race and the law. Many conservatives oppose Judge Sotomayor’s nomination because she does not appear to support originalism, the notion that legal texts, including the Constitution, should be interpreted according to the meaning that the informed public assumed them to have when they became law. We argue as well that judges should try to overcome the biases of their backgrounds in the name of self-restraint. But when it comes to the race cases before the Supreme Court, too many conservatives abandon both originalism and judicial restraint.
Where Ponnuru and I differ, of course, is in his belief that originalism as a judicial philosophy has any useful content whatsoever. I don’t think it does; as I’ve said before, it’s a rhetorical strategy, not a method, deployed when convenient and passed over when not.
Defining Originalism Down
Here’s a clip from tonight’s Hardball in which the Judicial Confirmation Network’s Wendy Long makes the remarkable claim that Brown v. Board of Ed was an originalist court decision. I hadn’t heard this talking point before, but apparently the right has been trying to figure out some way to spin Brown as an originalist decision for some time. Keep at it, guys! I’m sure you’ll crack the code someday.
On the other hand, given that “originalism” as a judicial philosophy denotes only the median conservative position on any given issue at any given moment in time, I suppose Brown is an originalist position after all…
Gerry Canavan 