Posts from — January 2011

Via Steve Bates, Thom Hartmann has an informative piece about “corporate personhood”, Wal-Mart Is Not a Person, and actually explains what the legal decision in Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. 394 (1886) says about the concept – well, nothing.

The reference to “corporate personhood” is in the preface to the decision written by a court reporter, not in the decision rendered by the Court. Justice Sotomayor indicated a desire to revisit the concept during the Citizens United case, but the Synod¹ wasn’t having it. The “precedent” for all of these decisions doesn’t actually exist.

Oly Mike at The Left Coaster discusses another Supreme Court decision that is pending on the State Secrets Privilege claimed by the Executive.

That is based on the decision in United States v. Reynolds, 345 U.S. 1 (1953), which does exist, but there is one major problem – there were no State Secrets involved in the case. This was about the crash of a B-29 and the report on the accident investigation. When the report was finally de-classified, it was discovered that there was no justification for classifying it in the first place, because it contained no “State Secrets”. The Executive had won a privilege by lying to the Court.

It is bad enough living with some of the totally off-the-wall decisions that courts make, without having to put up with things based on lies or made up from whole cloth.

1. The five conservative male Catholics who get to make all of the decisions.

CNN is reporting that Lieberman not seeking re-election.

Actually, LIEberman finally figured out that he is less popular than death or taxes in Connecticut, so he had better retire before the Republicans do something “insane”, like eliminating his pension [yeah, like that would ever be “on the table”].

Update: Juan Cole has his choices for the Top Ten Horrible Things Done by LIEberman.

Being on the correct side of the DADT issue does not excuse the deaths of thousands of innocent people in the Middle East, or the loss of civil liberties in the US that LIEberman supported. That’s like giving a mass murderer a pass because he was kind to his mother or tithed to his church.

A lot of things have been going on in Africa, much of it good, but there is always some bad along the way.

In Sudan it appears that decades of conflict may have reached a final solution as the referendum on spitting the nation appears to have passed and Southern Sudan will enter the community of nations.

Other than some lines on maps drawn by Europeans, the two halves of Sudan have almost nothing in common, not ecosystems, not religion, not ethnicity. This might not have been a problem if the North had done something other than take from the South. The taking led to a civil war that has lasted more than 20 years. Hopefully people can put the violence behind them, and build their own nations.

In Tunisia mounting opposition to the regime of the Ben Ali clan that has been sucking the wealth out of the country has resulted in their fleeing the country, and a interim “national unity” government being installed. The understanding is that there will be elections soon to install a permanent new government. Corruption was rampant with a limited group of families controlling almost everything in the country.

Both Egypt and Algeria are very nervous about this, as it might signal the creation of popular movements to change in their governments.

On a negative note, especially if you are fond of chocolate, Ivory Coast is still in gridlock after its elections. Ivory Coast’s incumbent President Laurent Gbagbo “is refusing to hand power to Alassane Ouattara, seen internationally as the winner of November’s elections.”

Everyone outside of Ivory Coast agrees that Ouattara won the election, but Gbabgo refuses to accept reality, and seems ready to use force to retain his office. This will very likely end badly.

These people are, in many ways, worse than looters, the business that jack up prices to an absurd level when their communities are under stress.

The ABC reports on the situation in Flood victims charged $10 for bread, and include one official’s solution:

Ipswich Mayor Paul Pisasale says the city will remember businesses that try to take advantage of the disaster.

“I know I’m not supposed to say [this] – but the health inspectors are on their way and the building inspectors are on their way after we finish this to see if we can help those businesses – [but] like hell,” he said.

I can see that the mayor intends to be “very helpful” to the gougers.

CBS is reporting that Feds to Oppose Moving Tucson Shooting Trial.

As expected all of the Federal judges in Arizona recused themselves and the Feds had to bring in Judge Larry Burns, a Federal District judge from San Diego. The real clue that the trial was going to have to be moved was when all of the Federal public defenders recused themselves, requiring the Feds to bring in Judy Clarke, who is also based in San Diego, to defend the accused. Here’s a hint: if the people whose job is to defend people accused of Federal crimes don’t feel they can be fair and impartial, you will play hell finding a jury, and, you will also play hell convincing the Court of Appeals that you accomplished that miracle.

This report was filed at Media Matters the day before the incident at the ABC town hall meeting that resulted in Mr. Fuller being sent for an evaluation: Arizona Shooting Victim Criticizes Palin, Beck and Fox News

Eric Fuller, a 63-year-old Navy veteran who was shot in the knee and received fragments in the back last Saturday, said the rhetoric of Sarah Palin and others can impact “demented” people like suspect Jared Loughner.

Fuller, who said he has been interviewed by several national news outlets, added he would not appear on Fox News if they sought him, predicting it “might develop into a screaming session.” He added: “I don’t like what they’re selling.”
…

Fuller, who said he suffers from post-traumatic stress disorder, is a disabled U.S. Navy veteran.

He said he drove himself to the hospital after the shooting and has been visited by numerous reporters and news outlets at his home …

Veterans, especially those dealing with PTSD, don’t like people pointing guns at them, and are not receptive to those who advocate violence and guns as political solutions.

The southern state of Victoria is the latest site of the flooding caused by an extended period of heavy rains that have been plaguing eastern Australia since the end of November. The ground is soggy and can’t absorb the rains and nothing can absorb it when it falls at 100mm [4 inches] per hour, which has occurred several times.

There is what is being referred to as a Super La Niña condition in the Pacific west of Peru. It is both larger and warmer than the normal La Niña. The condition should have been in decline by now in normal years, but that hasn’t happened. The last time this occurred was in the mid-1970s, which also resulted in massive flooding in Australia.

The BBC reports that Thousands leave homes as floods hit Victoria

Thousands of people have fled their homes in Victoria as major flooding hits the southern Australian state.

The floods have already swamped some of the state’s northern towns and are threatening 1,400 homes in 43 others.

At least 18 people have lost their lives in Australia’s flood disaster so far. Dozens are still missing.

All the deaths were in the northern state of Queensland, where water levels have now largely receded and a major clean-up operation is now underway.

Victoria state officials said the flood is set to be one of the worst ever seen in the state.

Around 3,500 people have left their homes so far.

[Read more →]

Back in February, 2008 the Department of Homeland Security announced the successful test of a “virtual fence” along the border. For “only” $20 million it covered 28 miles of the border and did all kinds of wonderful things so they were going to expand the system.

That bit of euphoria lasted all of one week, when it was discovered that the project would cost more and take longer than “originally thought”. In other words. the people who won the contract, Boeing, were just kidding about the budgets for time and expenses. Nonetheless, the project went forward.

Until this week, just shy of three years and a billion dollars later, when we learn that the Homeland Security chief cancels costly virtual border fence.

You know, you could pay a lot of Border Patrol officers with a billion dollars.

CNN reports that Arizona shooting survivor in custody after allegedly making threat

(CNN) — A man who was shot but survived last Saturday’s massacre in Tucson, Arizona, was taken to a county mental services unit Saturday after making a threatening comment at a town hall event, Pima County Sheriff’s Department spokesman Jason Ogan said.

James Eric Fuller, 63, was involuntarily committed after he made threats against a Tea Party member at the Tucson event sponsored by ABC News, Ogan said.

Fuller photographed Trent Humphries and said “You are dead” when Humphries began speaking at the event, according to Ogan.

Humphries told CNN that Fuller’s comment came when the town hall discussion turned toward the issue of gun control.

If you have been shot and are recovering, you really aren’t ready to “make nice” with those you feel are responsible. This is possibly post traumatic stress disorder, and it was a good idea to admit him to a mental health facility. On the other hand, some shooting victims really do want to see some gun control, and don’t accept the argument that it isn’t necessary.

In the second half of the 19^th century there was a move to ensure that Catholic schools wouldn’t get funded by tax dollars. When the Federal effort failed to produce a Constitutional amendment the states passed their own version of the Blaine Amendment, and they are still in most state constitutions.

Since they couldn’t actually say that the amendments were targeting the Catholics, the language was very generic and usually just said religious schools and religion, because [wink, wink, nudge, nudge] it would never be applied to Protestant institutions.

Well, it applied to all religions, and is the reason that “school voucher” programs keep getting thrown out in Florida and other states, i.e. the vouchers cannot be given to religious schools.

Steve Bates notes that Texas state Representative Leo Berman (R) wants to introduce an amendment to the Texas constitution that says:

“A court of this state shall uphold the laws of the Constitution of the United States, this Constitution, federal laws, and laws of this state. A court of this state may not enforce, consider, or apply any religious or cultural law.”

Rep. Berman intends to make it impossible for Sharia law to be used in the state of Texas, but he can’t single out one religion, so he is going generic [wink, wink, nudge, nudge] feeling that judges will understand what he means.

After reflecting on the wording of the amendment, I think that Log Cabin Republicans, the ACLU, and PZ Myers should all send letters of support to Mr. Berman. They will offset the campaign of the usual suspects, DonoWho, Focus on the Family, et al., who will attack him for seeking to destroy the “Judeo-Christian foundation” of the country, and David Barton will probably build a “Wall” around him, but the man who is willing to give up his career in politics to make gay marriage possible in Texas should know that the “atheistic, socialist fringe” supports him.

So the media called in their “experts” to confirm the conventional wisdom that the shooter was a disturbed individual acting alone with three names, just like all of the other assassins in recent memory [which is remarkably short in the media]. They had their consultants look at the “confused ramblings” in videos and pronounce them unintelligible ramblings.

OTOH, organizations like the Anti-Defamation League, the Southern Poverty Legal Center, Homeland Security, and individuals like David Neiwert, who track the whackoes recognized the themes.

Oly Mike at the Left Coaster provides links to sources in two posts, Loughner and the Militia Movement and Grammar, Language, Quantum Language and Money.

There are a lot of people like Mr. Loughner around. They are armed. They are dangerous.

Brave’s New World

Coming through!

[Editor: This is Brave, the tom that belongs to my new neighbors. He is hard to get a picture of because he is constantly in motion outside if there are people around. He has a wonderful pattern, but this picture doesn’t do him justice.]

Friday Ark is in Africa

Via Ellroon, Gawker has a picture of Rush Limbaugh’s Tucson billboard.

It’s OK though, because there were T-shirts available at the memorial service …

The ABC is reporting on the aftermath: Residents heartbroken by flood devastation

The Brisbane River has now fallen to just over 3 metres and will continue dropping overnight, as residents return home to face the destruction and pick up the pieces.

The flood, which has claimed 15 lives so far, hit a lower-than-expected peak of 4.46 metres on Friday morning, inundating more than 20,000 homes and businesses across the Queensland capital.

Sixty-one people are still missing, with police holding “grave fears” for 12 people who disappeared when homes were destroyed by a wall of water in the Lockyer Valley west of Brisbane late on Monday.

The systemic rains that have plagued Queensland have moved to the south: Tasmania braces for flash flooding, and are part of a larger problem of flooding on both sides of the central latitudes affected by the La Niña off the coast of Peru: Floods leave a million Sri Lankans homeless, and Brazil mudslides kill more than 350.

The superwarm sea surface temperatures are putting massive amounts of water vapor in the atmosphere and it is returning to earth in these flooding rains.

If you would like to help, this is as good a place as any to start: Queensland Premier’s Flood Relief Appeal