The Sea Change Is Now A Tsunami (March 11, 2013)

Posted in Constitution, Courts, Equal Protection, Gay Politics, Law, Society, Supreme Court on March 11, 2013 by e-commentary.org

. . .

LS1      “An amicus brief is a ‘friend of the court’ brief filed by someone who is not a party to a case that provides information and argument that may or may not have been advanced by a party to the case.”

N1        “Sounds like a legal way to lobby a court constituted of legal lobbyists for private interests.”

LS1      “In effect.  Before the Supreme Court writes its opinion, it is interested in the opinions of the Owners and others.”

N1        “Who would have guessed.  First the housebroken Republicans came out of the cloak room.  Then the business community came out of the board room.”

LS1      “They realized that inequality is less economically efficient than equality.  Surreal that one can drive from one state in a state of marital bliss to another state and enter into a state of marital banishment.”

N1        “That is bad for business.”

LS1      “No bandwagon has been boarded by as many people in as short a period of time.  Everyone now wants to influence the bench to allow all adults to walk down the aisle.  The train is leaving the station.”

N1        “They say the Supreme Court does not pay attention to the weather, but the Justices do pay attention to the climate.”

LS1      “You don’t need a climatologist to see which way the wind blows.”

N1        “But you do need courage.” 

. . .

[See the “e-ssay” titled Fukushima Daiichied (March 12, 2012) on the anniversary.]

[See the “e-ssay” titled Less Government Regulation Series: Love and Marriage (May 19, 2008).]

[See the articles at http://www.nytimes.com/2013/03/02/business/businesses-refuse-to-arrive-late-on-same-sex-marriage.html?_r=0, http://www.nytimes.com/2013/02/28/business/companies-ask-justices-to-overturn-gay-marriage-ban.html?ref=business, http://www.nytimes.com/2013/02/28/us/politics/gay-marriage-brief-gets-more-republican-support.html?ref=business and http://www.nytimes.com/2013/03/01/us/politics/administration-to-urge-justices-to-overturn-a-gay-marriage-ban.html?ref=business&_r=0.]

Bumper stickers of the week:

“Gay marriage?  Here’s the way I see it.  If I had to get married, then THOSE PEOPLE have to get married.  Fair is fair.”

My wife keeps complaining that I never listen to her . . .  or something like that.

Can someone file an “enemy of the court” brief?

Hate is overrated.

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Has Scalia Gone Feral? (March 4, 2013)

Posted in Judges, Law, Move To Amend, Politics, Supreme Court on March 4, 2013 by e-commentary.org

. . .

LS2      “Scalia has gone feral.”

LS1      “In the past, he demanded that the Court and the courts construe congressional language in a statute or provision literally – or as he defined literally – even in the face of clear contrary legislative intent and then took great delight in often perverse or unintended consequences or interpretations.”

LS2      “Now he is transforming the High Court into a MegaCongress to proclaim what he thinks animated Congress when it passed legislation.  In the face of crystal clear Congressional language and equally clear legislative intent regarding the Voting Rights Act, he appointed himself to second guess Congress and impose his personal prejudices on the populace.”

LS1      “At least he is blatant and blunt about it.  In his capacity as the Law Czar, however, he surely will not allow a person to bring and maintain a claim to instate the Move To Amend legislation on the ground that Congress would have passed the legislation except for the overweening influence of corporations.”

LS2      “That’s a new possibility.  Introduce a bill in the Supreme Court and let them pass judgment.  Two can play that game, yet only one person is allowed to play the game in the American legal game.”

. . .

LS2      “His great contribution to legal thinking is a grand sophistry.  ‘Originalism’ is an admixture of equal parts hypocrisy, dishonesty, perversity and absurdity.”

LS1      “And risibility, but it is a serious matter.  He is becoming even more grating and obnoxious.  Sarcasm is the first cousin of anger.  He is angry.  Ergo, he is sarcastic.”

LS2      “Sourcaustic.  In contemporary patois, Scalia is a bully of the worst kind.  A bully and a coward.  He uses the bench as a bully pulpit and then cowers behind the guards and security detail.”

LS1      “If someone asked him to step outside, Scalia would soil his panties and then curl up in a fetal position and cry for help.”

LS2      “He should take senior status and take over a hate radio show on Anger Mongering (AM) radio.”

LS1      “A festschrift of his proclamations does not require more than a few hundred words.  He is worth a footnote perhaps but much less than a chapter.  Someone, probably a former fawning law clerk, will spawn a 900 page idolatrous hagiographic piece.”

. . .

LS1/LS2  “He fails to realize that civility is not unconstitutional.”

. . .

[LS1 = Legal Scholar 1; . . . ]

[See the “e-ssays” titled One Gun Per White Adult Male? A Flintlock Musket? The “One Man, One Gun” Decision (October 4, 2010), Are Courts Irrelevant? Are Courts Illegitimate? (October 3, 2011) and The Supreme Court – Unrepresentative And Illegitimate: The 33.3 Percent Solution (October 1, 2012), three of the “First Monday in October” commentaries on the Supreme Court.]

Bumper stickers of the week:

I don’t like some lawyers because some lawyers are not likable.

Do Supreme Court Justices get rabies shots?

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Dronin’ On (February 25, 2013)

Posted in Drones on February 25, 2013 by e-commentary.org

. . .

N1          “There is something to be said for precise strikes or at least less imprecise strikes.”

N2          “No boots on the ground but many bombs on the ground.”

N1          “At least now a few members of the public are debating whether bombing one’s neighbor in suburbia from above is a good idea.”

N2          “Seems to depend on the neighbor.  Makes me wonder whether the covenants, conditions and restrictions allow the government to smoke one of my neighbors who may be smoking in his back yard or has a smoky bar-b-que in violation of some edict or another.”

N1          “You wouldn’t want to do that.”

N2          “No way.  Not me.”

. . .

N2          “Will the FAA control all the airspace, issue flight permits, assess fees, require turn signals, etc.”

N1          “Imagine all the federalism issues that will bollix the black robes when some states and municipalities ban drones and the federal government insists on flying all the friendly skies.”

. . .

[N1 = Neighbor 1; . . . ]

[See the articles http://www.nytimes.com/2013/02/19/opinion/drones-for-america.html?hp and http://atwar.blogs.nytimes.com/2013/02/25/distance-from-carnage-doesnt-prevent-ptsd-for-drone-pilots/?src=rechp.]

[See the article on rating agencies at http://www.nytimes.com/roomfordebate/2013/02/19/how-to-prevent-more-bond-rating-fiascoes/.]

Bumper stickers of the week:

“Me ‘n’ Larry got us a pair of them there drones.  One of them was a militarized version.  In full camo plumage.  Dropped one of them with one shot.”

“Will you be required to shoot steel or allowed to use lead?”

“A KFUBAR Channel 13 unmanned aerial vehicle lost power and crashed on an urban assault vehicle on the southbound lane of Highway 66.  Film at eleven.  If we can recover the drone.”

“And now please turn to the right for a side view.”

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President’s Day (February 18, 2013)

Posted in Drones, Presidency, Privacy, Supreme Court on February 18, 2013 by e-commentary.org

. . .

A           “Ben Franklin.”

B           “Me too.”

A           “At least he is memorialized on the hundred dollar bill.  Imagine how different the national experience would be if some of those who took silver had taken gold.”

B           “Jefferson’s reputation is declining in some quarters.”

A           “And yet he has a Memorial and is memorialized on my favorite dollar bill.  The great irony is that Grant’s mug is still on the fifty and some think his mug should have been on the police wall.”

B           “Granted that his reputation may never change.  And Jackson remains on the twenty despite his attitude toward slaves, Indians and Supreme Court decisions.  Rather than spending Benjamins today, I scratch a few sentences about each president and file them away.”

A          “My perception of each president’s legacy changes with changes in my world view and with information disclosed about presidents, particularly recent ones.”

B          “And be aware of and wary of those ideologues whose views of the Presidency changed on January 20, 2009.”

. . .

[The Supreme Court continues to resist the placement of cameras in the Big Court to keep an eye on them.  See the “e-ssay” titled SCOTUS on TV: “They Might Not Be Such Bastards” (March 26, 2012).]

[But we are still willing and able to place cameras in the sky to spy on each other.  http://www.nytimes.com/2013/02/16/technology/rise-of-drones-in-us-spurs-efforts-to-limit-uses.html?hpw&_r=0.]

Bumper stickers of the week:

In order to service as many customers as possible, all ammunition sales are limited . . . .

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Holding The Raters Accountable? (February 11, 2013)

Posted in Banks and Banking System, Drones, First Amendment, Judges, Kleptocracy, Perjury, Perjury/Dishonesty, Rating Agencies on February 11, 2013 by e-commentary.org

. . .

NNN     “So the government is going after the rating agency Standard & Poor’s for its grossly inflated ratings of toxic mortgage securities.”

OOO    “It is a start, yet they were among the bit players in the grand fraud.  Madoff made off with millions from connected characters who were not willing to let him off.  Corzine still has enough stroke as a former Senator to avoid prosecution.  The banksters and the brigands and the big players at the core got away with it and are getting away with it and no one in power does anything about it.”

. . .

NNN     “Some bonehead judges have looked for an excuse to let them off and resorted to the First Amendment.”

OOO    “The First Amendment is a limitation on government restrictions on speech not a source of individual rights, so a person does not have ‘First Amendment rights.’  The government did not restrict or regulate Standard & Poor’s speech in any way.  Standard & Poor’s is seeking to avoid prosecution for what it said not for what the government would not allow it to say.  That ends the First Amendment inquiry.”

NNN     “When S & P spoke, they lied and intended others to rely on the lies; they are culpable.  The government must start somewhere.”

. . .

[See the “e-ssay” titled Rating The Rating Agencies And The Courts That Should Berate Them: FFF (May 3, 2010) and other “e-ssays” under the Category titled “Rating Agencies.”]

[The charges against Standard & Poor’s are discussed at http://www.nytimes.com/2013/02/06/opinion/standard-poors-stands-accused.html?_r=0.]

Bumper sticker of the week:

FFF:       Rating Agencies

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The Dow At 14 K. Again. (February 4, 2013)

Posted in Banks and Banking System, Economics, Federal Reserve, Housing, Inflation, Stock Market on February 4, 2013 by e-commentary.org

. . .

C          “Back above 14,000 again.”

D          “Happy daze are here again.  I guess.  14,000 is better than 7,000, but how much better and for how long and for whom and for what reasons are anyone’s guess.”

C          “Beaucoup dollar electrons are given to those who already have beaucoup dollar electrons.  There are no other places to plug in the dollar electrons, so the stock markets are the default investment.”

D          “And money market funds and certificates of deposit are paying .0000001 percent which is crippling current retirees.”

C          “And those who know that the stock market is rigged and instead seek a safe refuge have no remunerative alternative.”

. . .

C          “Real estate continues to fool everyone.  The value of commercial properties is likely to slide as brick and mortar businesses board up their doors and windows.”

D          “The banks cannot mark to the actual market value their vast portfolios of repossessed and returned houses and underperforming loans.  Their collective insolvency would be manifest.  A collective lie undergirds the system.”

C          “Housing starts may be up but only at the upper end of the housing market.”

D          “With these low interest rates, a 30 year note is very appealing and may be prudent and prescient for the right person.  The homeowners who can manage to hold jobs and fund and feed a mortgage with a low interest rate may find that they have a bird’s nest on the ground.”

C          “When inflation takes off.”

D          “Yup.”

. . .

C          “One arm of the government – the Federal Reserve – is funding and fueling the other arms of the government with bogus electronic chits.”

D          “The way I see it, one arm of the bankers – the Federal Reserve – is funding and fueling the bankers and fooling and defrauding the body politic.”

C          “Anything that cannot go on forever.”

. . .

[See the “e-ssays” titled The Dow Jones (the Murdoch ?) Hits 14 K In A Hollow Economy (July 23, 2007) and “Fiat Stock”: Taking Stock Of The Stock Market (May 16, 2011).]

Bumper stickers of the week:

Shouldn’t it be Obsessive-Compulsive Order?

Anything that cannot go on forever will not go on forever.

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Judicial Activism: Rogue Republican Judges (January 28, 2013)

Posted in Congress, Constitution, Courts, Journalism, Judges, Law, Newspapers, Presidency on January 28, 2013 by e-commentary.org

. . .

1          “I can’t say that I like it.”

2          “Me neither.  Smells bad.”

1          “Why is it that the first thing you recognize is that three Republican federal judges concocted the decision.”

2          “Because that is what Republican federal judges do.”

1          “Congress is dysfunctional and inoperative.  The President tries to do something rational consistent with limited Congressional action.  The Republican federal judges in the judicial branch step in and do their part to pummel and constrain the President and the executive branch.”

2          “Congress established the agencies and Congress authorized the funds and Congress appropriated the dollars and then a minority in Congress plays games to keep the President’s appointments from getting in the saddle to run the Congressionally-approved and authorized and appropriated agencies.”

1          “And undermine the actions of the agencies.”

2          “The Republican federal judges take up the ball and undercut the President and the operation of executive branch agencies by proclaiming that the President is playing games.”

1          “Sort of a new take on the old rope-a-dope one–two punch.  Not pretty.”

. . .

1/2       “Courts are increasingly illegitimate, partisan and dishonest.  The day may come when they may need to be disregarded.”

. . .  

2/1       “Journalists typically note the political party and state of a legislator at the first mention of her or his name in an article.  ‘Congressman Billy Bob Jenkins (R-Uranus).’  Articles about court decisions may refer to the politician who appointed the judge in the last few sentences and thus the insight is often among the first sentences to be edited.  In the interests of full disclosure and recognizing that space is always at a premium, articles should note the President who appointed a federal judge in parens at the first reference to a judge or justice.  ‘Chief Justice John Roberts (Bush II)’.”  

. . .

[See the editorial at http://www.nytimes.com/2013/01/26/opinion/a-court-upholds-republican-chicanery.html?hpwand and the article linked in the piece.]

Bumper stickers of the week:

There is no law; there is only ideology.

Don’t believe anything until it has been officially denied.

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O’Bama. Part Deux. (January 21, 2013)

Posted in Foreign Policy, Global Climate Change, Global Warming, Guns, Immigration, Locke Gary, Military, O'Bama, Presidency, Supreme Court on January 21, 2013 by e-commentary.org

. . .

A          “Cope not hope this go around.”

B          “Not as cold this time.  And a different climate than four years ago.”

A          “Sounds like he is moving from the right to the center.”

. . .

B          “Chuck Hagel is a great move.  The first enlisted man who actually saw combat as an NCO (“no chance officer”) and was not promoted to the officer corps now gets nominated to order and oversee the officers.”

A          “Amazing thing in America that those who go to war and reflect on the experience become Democrats.  Those who dodge the draft and never see combat become Republican chickenhawks.”

B          “Hagel was never a butter bar and now he is tasked with reducing the fat in the Defense budget.”

A          “The best place to start is with the Offense Department of the Department of Defense.  Hagel is the most qualified player to oversee that transition to a sustainable defense in a complex and dangerous world.”

. . .

B          “Jack Lew is a weak move.”

A          “William Black for Treasury would move us into the black.”

B          “The Owners will not allow O’Bama to make that selection.”

A          “Someone must start the process of downsizing too-big-to-fail banks so that they are the right size to succeed.”

B          “Financial reform may not be part of his legacy.”

. . .

A          “We must force him to address his increased use of drones.  If Bush had undertaken the current level of drone attacks on foreign soil and homes, he would have been leveled in some salons.”

B          “Now drones can fill the skies in America.  In the near future, there will be news reports of mid-air collisions between the ‘Fillmore County police drone’ and the ‘state troopers drone.’  Fly the friendly skies of United States of America.”

A          “I suspect that some opposition to gun control in some quarters may be supported by a scintilla of rationality.  A few individuals recognize that these violations of privacy are getting out of hand, so they want something in hand even if it is likely to be deadly, futile and counterproductive.”

B          “They are impinging on our fundamental right to sit in my back yard and scratch body parts without being scrutinized.”

. . .

A          “He has followed the nation’s emerging notions of gay rights and now is in lockstep with the public while the other legislature on Jenkins Hill – the Supreme Court – has elected to decide whether to take a step backward.”

B          “The Supreme Court Legislature is as partisan and divisive as the real Congress legislature.”

. . .

B          “And he mentioned climate change even though the climate changed in the scientific community many years ago.”

A          “His comments were not warmly received.”

. . .

A          “Immigration.”

. . .

B          “And the most important appointment of the last decade – Gary Locke – may just stay on the job for four more years.”

. . .

[See the “e-ssay” titled O’Bama Arming Industry (November 22, 2010).]

[See the essay at http://www.nytimes.com/2013/01/28/opinion/confessions-of-a-liberal-gun-owner.html.]

Bumper stickers of the week:

No country is exceptional; no country is evil.

provide for the common defense

In order to serve as many customers as possible, all ammunition sales are limited to three boxes per customer per day.

Because of extraordinarily high demand for ammunition and limited . . . .

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Sports Writers: 1 – 0 (January 14, 2013)

Posted in Awards / Incentives, Courts, Economics Nobel, Federal Reserve, Guns, Journalism, Law, Newspapers, Perjury, Perjury/Dishonesty, Sports, Taxation on January 14, 2013 by e-commentary.org

. . .

A          “A mixed group of informed individuals acting individually issued a profound collective indictment.”

1          “In court, the government only determines whether a person is guilty or not guilty, a court does not determine whether a person is innocent.  Yet when you look carefully, far too many courts have found far too many innocent individuals to be guilty.”

A          “Still not a great idea to be Black or Brown and get mixed up in the American judicial system.”

1          “It is to be eschewed.  The government is not and should not be allowed to deprive someone of his or her liberty without proof beyond a reasonable doubt.  The court of public opinion does not need to meet that high threshold when considering those who play on the court or field or pitch.”

A          “The sports writers are akin to an informed group of jurors from all ages, albeit a little older, and backgrounds, albeit a shade White, and world views from different parts of the country.”

1          “On the uniforms, they sport the initials MLB not MDL – the Major Dopers League.”

A          “They can get their own hall of fame, the Hall of Shame.”

1          “I might waive the character requirement and support a scoundrel if he played clean against others who played clean.”

A          “They may also be atoning for the great oversight in the late 1990s when any honest person realized that the guys were juiced and few said anything.  Finding the individual who was not juiced or was not juiced much will be a challenge.  The brush could be too broadly brushed.”           

1          “This is a promising start.  Now if we can get the Norwegian suits to follow suit and not award the Nobel in e-con-omics unless they award it to someone who understands eco-nomics.”

A          “Everyone from Roberts on the Supreme Court to players on the courts succeeds by lyin’ and cheatin’.”

1          “He’s a lawyer-type.  He said that he would call balls and strikes, but keep this in mind.  He never ever said that he would call a ‘ball’ a ‘ball’ only that he would call balls and strikes.”

A          “He and Alito and Thomas and Scalia are having a ball.”

1          “Dishonesty and hypocrisy are so American.”

A          “So human really.  We don’t have a monopoly on it.”

. . .

[See http://www.nytimes.com/2013/01/17/opinion/australia-banned-assault-weapons-america-can-too.html?hp for some international perspective on gun restrictions.]

[See the “e-ssay” titled “Why Johnny And Roger? (April 30, 2012)” and the recent article on the deliberations of the Federal Reserve at http://www.nytimes.com/2013/01/03/opinion/the-new-tell-all-fed.html?hp&_r=1& and the “e-ssay” at The Kids (At The Fed) Are Not Alright (January 30, 2012).]

Bumper sticker of the week:

Play ball!

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Tax Bullets (January 7, 2013)

Posted in Guns, Pogo Plight, Taxation on January 7, 2013 by e-commentary.org

. . .

GO1     “I have visited a gun store every few days.  They are flying off the shelves.  And not guns for personal protection, target shooting or hunting.”

GO2     “The NRA is a terrorist organization that lobbies for gun manufacturers and terrorizes legislators.  We need a new organization, the NGO, the National Gun Owners organization, to represent gun owners not gun manufacturers and to keep guns in the hands of normal persons and out of the hands of psychos.”

GO1     “With a one hundred year supply of guns and a five year supply of bullets, restrict access to bullets.  We subsidize what we like and tax what we don’t like.  Others have noted that we should tax bullets.”

GO2     “The Constitution does not recognize any underlying right to keep and bear bullets or limit the governments’ ability to restrict access to bullets.  And Congress has almost unfettered authority to tax.”

GO1     “The government should place a huge tax on .223s that are used in assault rifles, a moderate tax on other calibers, and no tax on .22s.  I have shot over 20,000 rounds of .22s and about 500 rounds of other than .22 caliber rounds.  Almost all indoor and outdoor target rifles and pistols use .22s.  Most automatic pistols can be modified to shoot .22s so that a person can practice with the pistol using a cheaper round.”

GO2     “Sounds reasonable.”

GO1     “Won’t go anywhere, but it is worth a shot.”

. . .

GO2     “The gun buyback programs should set up a review process so that any gun that is rare, novel or historical is made available for purchase by individuals who pass background checks.”

GO1     “Finding volunteers who know the history of guns would be easy.”

. . .

[GO1 = Gun Owner 1; GO2 = . . . ]

[See the “e-ssays” titled A Taxing Explanation (August 22, 2011) for some perspective on the current tax challenges, O’Bama Arming Industry (November 22, 2010) on gun purchases and One Gun Per White Adult Male? A Flintlock Musket? The “One Man, One Gun” Decision (October 4, 2010) on the legal framework of gun regulation.]

Bumper stickers of the week:

If you need ten rounds to kill a deer, take up tiddlywinks

You know, cigarettes are getting so expensive that I just might have to give them up.

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