I haven’t been following the Elena Kagan nomination or hearings much. I was, however, impressed to find out that Kagan had the balls to call out now-Chief Justice Roberts’ fantastically stupid construct, comparing justices to “umpires” and limiting their role to “call[ing] balls and strikes”, for the disingenuous twaddle that it was.
The metaphor might suggest to some people that law is a kind of robotic enterprise. That there’s a kind of automatic quality to it. That it’s easy. That we just sort of stand there, and we go “ball” and “strike” and everything is clear cut, and there’s no judgment in the process. And I do think that that’s not right, and that it’s especially not right at the Supreme Court level, where the hardest cases go.As anyone who spent a week or two in a law school ConLaw class could tell you, the last thing in the world the Supreme Court would ever do is simply call balls and strikes. The only damn reason the cases have risen to the Supreme Court is because the law or Constitution is unclear and, in most cases, different federal circuits have taken divergent positions on an issue! Right on, Ms. Kagan.
For anyone who snickers about the Great Orange Satan from time to time, just ask yourself this question: “Would a large right-wing blog ever come clean like this?”:
I have just published a report by three statistics wizards showing, quite convincingly, that the weekly Research 2000 State of the Nation poll we ran the past year and a half was likely bunk. [...]We contracted with Research 2000 to conduct polling and to provide us with the results of their surveys. Based on the report of the statisticians, it’s clear that we did not get what we paid for. We were defrauded by Research 2000, and while we don’t know if some or all of the data was fabricated or manipulated beyond recognition, we know we can’t trust it. Meanwhile, Research 2000 has refused to offer any explanation. Early in this process, I asked for and they offered to provide us with their raw data for independent analysis — which could potentially exculpate them. That was two weeks ago, and despite repeated promises to provide us that data, Research 2000 ultimately refused to do so. At one point, they claimed they couldn’t deliver them because their computers were down and they had to work out of a Kinkos office. Research 2000 was delivered a copy of the report early Monday morning, and though they quickly responded and promised a full response, once again the authors of the report heard nothing more.
Sometimes I forget just how mindfuckingly retarded Sarah Palin is. E.g.:
“…I think Obama is kind of flirting with also, some government overreach. We are a rule of laws, not a rule of presidential fiats that I think President Obama would rather have sometimes, it seems.”
I share digby’s confusion:
Honestly, who would actually pay money to hear this incomprehensible, babbling moron pretend to speak?
Via Reason, Las Vegas Weekly conducted a survey of “the personalities who define Vegas,” and judged Penn Jillette to be #1.
Let’s talk about your TV show Bullshit! Will you ever run out of theories to debunk and people to expose? If you build a kingdom on bullshit, you’re not in danger of running out of it. Our producer says that Teller and I can take any subject in the news and do a credible show on it. Sure, we like to have a villain, something to call “bullshit” on, but if we don’t, we can depart from that model.Are there any groups you won’t go after? We haven’t tackled Scientology because Showtime doesn’t want us to. Maybe they have deals with individual Scientologists—I’m not sure. And we haven’t tackled Islam because we have families.
Meaning, you won’t attack Islam because you’re afraid it’ll attack back … Right, and I think the worst thing you can say about a group in a free society is that you’re afraid to talk about it—I can’t think of anything more horrific.
Of course, it might please some Islamic fundamentalists to hear you say that you won’t talk about them because you’re afraid … It might, but you have to say what you believe, even it if pleases somebody you disagree with—that issue comes up all the time in moral discourse.
You do go after Christians, though … Teller and I have been brutal to Christians, and their response shows that they’re good fucking Americans who believe in freedom of speech. We attack them all the time, and we still get letters that say, “We appreciate your passion. Sincerely yours, in Christ.” Christians come to our show at the Rio and give us Bibles all the time. They’re incredibly kind to us. Sure, there are a couple of them who live in garages, give themselves titles and send out death threats to me and Bill Maher and Trey Parker. But the vast majority are polite, open-minded people, and I respect them for that.
Well, the Twenty-Five Percenters are at it again:
Long after the question of President Obama’s birthplace should have been put to rest, a new poll shows that nearly one in four Americans believe the “birther” lunacy that the president was born outside the country. The Vanity Fair/60 Minutes poll found that 24 percent of respondents think Obama was born outside the U.S., with six percent saying he was born in Kenya, another two percent choosing Indonesia, and the remainder being unsure of his exact foreign origins.When you think about it, it’s pretty scary to realize that something on the order of at least 60 million people in our country have the mental faculties of a marmot.
And lest you think this is just a phenomenon of the unwashed masses:
Astoundingly, at least 11 Republican congressman endorsed the fringe [Birther] theory, perhaps contributing to its perseverance.
Ah the wise words of yesteryear:
The way to deal with superstition is not to be polite to it, but to tackle it with all arms, and so rout it, cripple it, and make it forever infamous and ridiculous. Is it, perchance, cherished by persons who should know better? Then their folly should be brought out into the light of day, and exhibited there in all its hideousness until they flee from it, hiding their heads in shame.
Hors D’oeuvres
The Obama Administration is threatening to veto SOPA/PIPA’s cousin CISPA. Much as I rag on those guys at times, they have a very good record on opposing these sorts of internet invasion bills, and I’m happy to give credit when it is due. (0 comments)Which One Are You -- Tim Conway or Don Knotts?
Via TPM, sounds like South Carolina’s Rollercoaster of Love is ratcheting up the incline o’perversity agin’:Former South Carolina Gov. Mark Sanford must appear in court two days after running for a vacant congressional seat to answer a complaint that he trespassed at his ex-wife’s home, according to court documents acquired by The Associated Press on Tuesday. > more ... (0 comments)
Actual Living Pro-labor Republicans Sighted?
Given that the bill itself seems to be redundant–a bill requiring the NLRB to observe quorum rules?–to the extent that voting for it is essentially a slap at labor, the Republican no votes here are probably a legit accounting of which House Repubs aren’t completely antagonistic to labor. The number appears to be ten, though > more ... (2 comments)I honestly hadn’t given it too much thought, and was probably disposed against it just because of who was for it, but Emily makes a very strong case for why Israeli spy Jonathan Pollard ought to be released from prison. She argues that it makes sense on humanitarian and political grounds, and I agree with > more ... (0 comments)This Is What the Internets Were Made For
As much as I love WJHL’s article Witnesses: Man drove 90 mph with genitals hanging out the window (and with lines like:At over 90 miles per hour, he had his penis out [the window]… he was masturbating… and that’s when it got really, really bad. I wouldn’t look over any more, and I wrote his tag number down on my hand, which I believe he noticed, and he exited very quickly.
> more ... (0 comments)An unintentional libertarian anthem/meditation from Sully at the Dish:By then, the subtleties, the mixes of CBD and THC, the nuances of sativa and indica strains will all be turned by the genius of the free market into something quite marvelous. We will finally have made of this weed what was long made of the simple grape. And we will all be happier.
> more ... (0 comments)Jack Shafer says “Foreign Correspondents”: Pyongyang reliably remains defiant; talks have resumed or been proposed, canceled, or stalled, while a U.S. envoy seeks to lure the North back to those talks to restart the dialog; North Korea is bluffing, blustering, or is engaging in brinksmanship; tensions are grim, rising, or growing—but rarely reduced, probably because > more ... (0 comments)Not Too Tired To Fight, Just Too Bored This Time
If it’s okay with you, I’m just going to take a powder on this one. It’s only minimally news, we knew that Obama wants to cut “entitlements” already, only now he’s just putting it in an official document that is going to be duly ignored by Paul Ryan in a matter of months. The article > more ... (0 comments)Plebs is coming to ITV: httpv://youtu.be/xlm1VAN4XXQ Somewhat tangentially, I ran across a Cicero quote just recently impuning the moral fiber of the poor; it reminded me of our own current and continuing struggle with the morality of poverty: Gaius Gracchus passed a grain law: this delighted the plebs, for an abundance of food could now be had > more ... (0 comments)What's the average amount of times a smartphone user visits Facebook per day?
Fourteen. I’m a little under that, with zero on most days. Really, Facebook is only still useful to me as a way of handling event correspondence, which coupled with the (fairly nominal but needless and annoying) social effects of closing my account is the reason why I still have it. In a word, inertia. Y’all > more ... (2 comments)I Am Gonna Get Pranked *Hard* Come April Fool's Day
What with one thing or another — brain cells giving their final, weak-ass fuck; supposed leaders of society running around like they lost their damn minds; dogs and cats, living together, mass hysteria — I find I can no longer tell what’s an actual news story anymore, and what’s some made-up middle-school fart-type-joke. Via the Raw > more ... (2 comments)Ketchikan’s KRBD recently broadcast a story about Congressman Don Young (R-AK). In one segment, Young waxed nostalgic about Tha Browns of his youth: My father had a ranch. We used to hire 50 to 60 wetbacks to pick tomatoes, you know. It takes two people to pick the same tomatoes now. It’s all done by machine. Today’s > more ... (0 comments)New Hampshire is moving forward with repeal of the state Stand Your Ground law. Of course, New Hampshire is a “blue” state generally. But it’s quite gun-friendly, with a pronounced libertarian ethos. So this could be a somewhat risky move, and if you read the article, it looks like the paranoiac NRA-loving assholes are in rare > more ... (0 comments)You know what pisses me off? Any jibber jabber at SCOTUS about hurting the fee fees of backward states like Alabama. The question is whether legislating against gays marrying (like legislating against different races marrying) violates equal protection. None of this has anything to do with whether southern governors will have a Sad, or > more ... (1 comments)If The Tolerators Are Intolerant Of The Tolerant, Will The Intolerators Be Tolerant Once More?
God’s precious accident, Texas Gov. Rick Perry, had a brain/mouth-leak today about Mean Gays: “The underlying problem is that there is this very vocal, very litigious minority of Americans willing to legally attack anybody who dares utter a phrase or even a name that they don’t agree with,” he said. “In a twisting of logic, they > more ... (0 comments)Your Daily FOX News Desperation Play On Gay Marriage
To paraphrase: Yeah, sure, a lot of people say they like same-sex marriage. But maybe they secretly don’t. Also, what about all those state bans! You know, the ones that passed nearly a decade ago, during which time opinion has changed rapidly on the issue, thus invaliding my premise. Also, Prop 8! Remember when the > more ... (1 comments)Recent Trackbacks
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