Hudson v. Michigan

Ken AshfordSupreme CourtLeave a Comment

Like many, I haven’t read the SCOTUS opinion regarding the knock-and-announce case, but I’ve read intelligent summaries.  My view of it mirror that of Glenn Reynolds, with whom I usually disagree:

I think, though, that it’s defensible legally, but not morally. That is, it’s not much of a stretch from the existing caselaw, but it produces a rule that seems inconsistent with the original meaning of the constitution, and common sense.

However, the exclusionary rule is a lousy remedy for these kinds of things, since it doesn’t protect those innocent of any crime. (If you’re innocent, there’s nothing to exclude). I’d rather see a rule that disciplines officers for improper behavior without regard to the exclusion of evidence.

A tip of the hat to Professor Kerr, who wryly notes that Scalia is a doctrinal hypocrite, quite willing to argue (in essence) that the Constitution is "living", while taking contrary positions at other times.  I’ve been saying that for years.

Bush Apologizes For Mocking A Legally Blind Man

Ken AshfordBush & Co.Leave a Comment

Once again, Bush opened his big mouth without knowing the facts.  Only this time, he actually apologized:

The exchange occurred at a news conference in the Rose Garden.

Bush called on Los Angeles Times reporter Peter Wallsten and asked if he was going to ask his question with his "shades" on.

"For the viewers, there’s no sun," Bush said to the television cameras.

But even though the sun was behind the clouds, Wallsten still needs the sunglasses because he has Stargardt’s disease, a form of macular degeneration that causes progressive vision loss. The condition causes Wallsten to be sensitive to glare and even on a cloudy day, can cause pain and increase the loss of sight.

Wallsten said Bush called his cell phone later in the day to apologize and tell him that he didn’t know he had the disease.

Did The Simpsons Disprove Fermat’s Theorum?

Ken AshfordPopular Culture1 Comment

Back in 1995, The Simpsons aired its annual Halloween episode.  This episode was particularly unique because it featured Homer leaving his two-dimensional animated world and venturing into a 3D world (the episode won an Emmy). 

As Hopmer crossed over the dimensional plane, he marvelled as a bunch of mathematical equations and geometric shapes floated by him.  One of those equations was a seemingly random one: 178212 + 184112 = 192212.

But the equation has caught the attention of Simpson fans and amateur mathematicians, because, if it was correct, it seemed to disprove Fermat’s theorum, which had been "proved" only months before the Simpson episode aired. 

It wasn’t the only time it happened.  Three years later, the following equation appeared on Homer’s blackboard as he was working in his basement: 398712 + 436512 = 447212.  This appaers to be yet another example of a "disproof" of the solution to Fermat’s equation.

So, what’s going on?  Were the Simpson animators, known for the subtle inclusions of obscure references, tweaking the mathematical community?  And if so, why?  Read more.

Bush Discovers Congress

Ken AshfordBush & Co.Leave a Comment

New York Times:

For the first time in his presidency, Mr. Bush is also inviting lawmakers to the White House in small groups not to discuss specific issues, but simply to ask what is on their minds. These informal brainstorming sessions occur not in the Oval Office, but over iced tea and lemonade in the cozy Yellow Oval room of the private residence.

Over five years.  It took him that long to realize there are other branches of government besides his.

Nathan Tabor: Stupider Than Usual

Ken AshfordRight Wing Punditry/IdiocyLeave a Comment

102taborNathan Tabor may have failed as a NC Senate candidate, but he’s got all the makings of a national homophobe champion:

It’s become the common refrain in numerous news reports around the country—Republicans are simply using the Marriage Amendment as an election-year ploy to get voters to back GOP candidates in the fall.

After all, state initiatives to ban same-sex marriage had people flocking to the polls in a previous election cycle.

But, in the interests of fairness, isn’t it reasonable to question the political posturing from the “other side of the aisle” in the marriage debate? After all, if Republicans could, theoretically, use the marriage issue to shore up their base, couldn’t Democrats, too?

Shorter Nathan: "Even though my argument doesn’t make much sense and can’t be substantiated with things like facts, why can’t I still make it?"

For decades now, homosexual activists have been part of the core of the Democratic Party. When Democrats talk about diversity, they are not simply speaking about skin color.

Yes, Nathan.  Glad you finally agree that Democrats, like more than half the country, aren’t just a bunch of white straight males.

National Democratic leaders, in fact, routinely invoke “gay pride” in their attempt to pander to people who want government validation for their lifestyle—a lifestyle that, in the end, can lead to a myriad of tragic consequences: STDs, alcohol and drug abuse, suicide attempts.

Why, if it weren’t for the gays, there wouldn’t even be any STDs, alcohol and drug abuse, and suicide in this country at all!

Legalizing same-sex marriage will not end the vicious cycle of desperation and depression which, as a number of ex-homosexuals readily attest, often accompany the ironically-termed “gay life.”

Wow, talk about strawmen.  Guess what Nathan?  Thousands of people who are depressed are heterosexual.  So (according to your logic) it must be because they engaged in heterosexual marriage.

Rather than building healthy families, the legal recognition of same-sex marriage will only further erode the stability of our communities.

Why, just last week, a neighbor of Nathan’s accidentally turned his TV to HBO’s "The L Word", and was so traumatized that he turned into a depressing, disease-ridden alcoholic.

As President George W. Bush stated in his weekly radio address, “Ages of experience have taught us that the commitment of a husband and wife to love and to serve one another promotes the welfare of children and the stability of society. Government, by recognizing and protecting marriage, serves the interests of all.”

I’m sorry, but this argument really makes my head explode.  What exactly is being "protected"?  How exactly is heterosexual marriage (or the raising of children by heterosexuals) threatened by the fact that two guys who live two streets away might want to solidfy their love for each other in a ceremonial bond?

And that’s the critical point here—serving the interests of all.

If by "serving the interests of all", you mean "serving the interests of some".

For years, the Democratic Party has been sacrificing the interests of ordinary Americans in the name of protecting special interest groups. These groups have included not only activists with a radical homosexual agenda, but also so-called “women’s rights” activists who have attempted to legitimize the killing of the most defenseless members of society—unborn children.

Women and gay people, of course, are not "ordinary Americans".  But straight white men and unborn children are.

Democratic Party kingpins have also pandered to people who have attempted to increase the racial divide, sanctioning discrimination when it served their political interests. In today’s world, highly-qualified people can be rejected for jobs simply because of their skin color, under the guise of “affirmative action.”

And that’s why Nathan is opposed to gays getting married — because he deplores discrimination.  Excuse me while my head explodes.

In a statement indicative of Democratic double-speak, Sen. Edward M. Kennedy of Massachusetts said, “A vote for this (marriage) amendment is a vote for bigotry pure and simple.” For the government to say that marriage should be safeguarded as a union of a man and a woman is not bigotry. It’s common sense. It’s also an attempt to protect order in an increasingly disordered world.

Yes, it’s Ted Kennedy engaging in "doublespeak".  Ha!

The mayor of San Francisco—the hub of the homosexual rights movement—has had the audacity to say that the defense of marriage is a Republican attempt to placate evangelical Christians. As if a mayor who issues marriage licenses to homosexual couples in a city considered to be the center of “gay power” is not pandering to his “core constituency.”

Or could it be — just perhaps — the San Fran mayor issues marriages licenses tot gay couples because he sincerely believes it to be just?

The effort to protect marriage is not a political move. The traditional family is the strength of America. The family has given us Presidents and prelates, statesmen and scientists, diplomats and doctors.

Many of whom are gay.  In fact, I’m reasonably sure that every gay person is the product of a family.  I’m pretty sure they’re not hatched.

It is in the family that we first learn how to think…how to speak…and how to behave.

But if gays get married, we’ll all just go around grunting, and sticking our willies in the wrong places.

Granted, there are so many tragic cases of families in turmoil today, but it is not the institution of marriage that is to blame.

And who’s blaming the institution of marriage for anything?  Certainly not gay rights advocates.  That’s why they want to participate in it, moron!

Traditional marriage is, in fact, America’s best hope for keeping our society secure, our neighborhoods at peace, and our children safe from harm. Without marriage, we might as well put away the American flag and replace it with the white flag of surrender.

And that would be humilating — losing to a bunch of gays.

BONUS WINGNUT:

Pat Boone (describing a press conference he attended, at which a black — Pat wanted you to know he’s black — minister was speaking out against gay marriage):

[A]n angry reporter intruded, "All you people are religious – you’re quoting the Bible and God. What about those of us who don’t believe any of that – is there any other argument against same-sex marriage?"

He thought he would stump the preacher, but he was wrong.

""Why, sure, son," responded the minister. "Look in any dictionary in the world. You’ll see the definition of marriage as a contract, a union, between a man and a woman. Nothin’ else there. If you don’t believe God, at least believe Webster’s Dictionary!"

Um, not really.

An Open Response To Marie Jon Apostrophe

Ken AshfordRight Wing Punditry/Idiocy4 Comments

Marie0601_2Seems I caught the attention of christian conservative columnist Marie Jon (or as she spells it, Marie Jon’) in response to my commentary about her recent column.

And yes, I checked it out.  It seems to be really  her.

You can read here full comment here, but I’ll parse it below:

MARIE: I’m so sorry. I had the wrong (Neville) name. It was corrected immediately.

Marie is referring to a passage of her column in which she was talking about "uninformed Americans".  In the course of making that point, she made reference to "Neabel Chamberlan".

Marie, as others have pointed out, it still isn’t correct.

MARIE: What do you do? Do you wait for my post and jump looking for one mistake? Seems to me that you do.

Clearly not, honey bear, because your post was written at least 24 hours before mine.

MARIE:  Where are your op-ed’s posted?

Well, right here.  Obviously.

MARIE: Would you like to edit my work ?

Lord knows you need an editor, but I’ll pass.  Thanks for the offer though!

MARIE:  Do not use the " F" word in the same line with my name. I just might call you a low life meatball.

And wouldn’t that ruin my day.

I believe the "F word" you refer to is "fuck".  It’s okay — you can say it.  The sky won’t fall, I promise you.  Besides, we all know what you’re talking about when you say "F word" anyway.

In any event, I didn’t use that word at all (a commenter did).  And even then, he didn’t use the word in the same line with your name.

But it’s okay.  This is why I’m here to help.

MARIE: Wingnut/You Meatball!

Did you win that argument with yourself?

MARIE: Nice place to post all of my articles. You just might WISE up.

Thank you.  I like it.

MARIE:  I like Seventh! It is a reminder that the Seventh Day God rested from all of His work. He blessed the Sabbath day and made it holy.

Aren’t we lucky that God is an easy name to spell?

God bless You,
Marie Jon’

You, too’.

Blogbites

Ken AshfordRandom MusingsLeave a Comment

Still kind of crazy, but not enough for some short takes:

(1)  The devil is here.  A baby weighing 6.66 ounces was born on 6/6/06.  Maybe that has something to do with why God is striking churches (here and here) with lightning.

(2)  How depraved can you be:  A funeral worker hides a dead baby’s body in the pants of a dead man slated to be cremated.

(3)  Breaking news: The FDA approved that vaccine which virtually eliminates the possibility of cervical cancer.  This was the vaccine that the Christian conservative right-to-life crowd opposed on the grounds that girls who got the vaccine would start having lots of sex.

(4)  Favorite wingnut quote of the week comes from Nathan Tabor:

It’s been awhile since my college day class in Logic, but I still remember the concept of logical consequence. Let’s see…

Conservatives are typically members of the Republican Party.
The majority of Congressional members are Republicans.
Therefore, the majority of Congressional members are Conservatives.

Yes, apparently they must have taught logic for only one day, and Nathan was sick.

(5) To the surprise of no one, the Senate’s anti-gay marriage amendment was an immediate failure.  Along that subject, this video of Jon Stewart taking apart Bill Bennett is great.

(6)  So we killed somebody in Iraq, I guess?  Kewl.  Is it over now?

Malmedy Malady

Ken AshfordRight Wing Punditry/IdiocyLeave a Comment

Keith Olbermann (MSNBC’s Countdown) routinely likes to poke fun at Bill O’Reilly, as we all do.

But the other night, Keith went absolutely ballistic and handed O’Reilly his ass.  It was a well-deserved lashing as O’Reilly was busted for twice misrepresenting historical facts, and bashing American soldiers from WWII, men who are no longer around to defend themselves. 

You really need to watch this.

Haditha Apologists

Ken AshfordIraqLeave a Comment

Tom Tomorrow says:

If you listen to Limbaugh or Hannity, you’ll learn pretty quickly that the right wing party line on Haditha is that we should not “rush to judgment.” By discussing the case as it unfolds, by printing information clearly supplied to them by military sources, the media are apparently making it impossible for Our Troops Who Are Defending Our Freedom to get a fair trial.

Because of course you know how Limbaugh and Hannity and Fox News never, ever engage in speculation or discuss any ongoing legal case of any sort until such case has been fairly resolved in a court of law.

(The strategy here is obviously to try to run out the clock — defer any discussion of the actual issue until enough time has passed that they can switch into “that’s old news, nobody cares about that anymore” mode….)

Yup.  The U.S. military slaughters innocent Iraqis in cold blood in Haditha, and part of the right-wing response is to act like they don’t know all the facts.  Since when did the swiftboating right become fair-minded when it comes to accusations? 

The other prong of the right-wing response to Haditha, however, is much more nasty and insidious.  Peter Daou writes:

"Michelle Malkin posts an LGF photo of Palestinian children carrying weapons – the implication being? That shooting children is justified?

Glenn Reynolds links to a comment threatening civil war in the US.

At RCP, Jed Babbin writes, "If it were up to Cong. John Murtha, Duke University rape case prosecutor Mike Nifong would be transferred to the Haditha case."

To that I would add the morally bankrupt John Gibson of Fox News, who pointed out that innocent Iraqis are used to being massacred, so why should anyone care when they get massacred by American soldiers?

The Glenn Reynolds argument is particularly vile.  In essence, Reynolds is endorsing this point of view on people who "cry wolf" that the military is committing war atrocities:

The real danger is that we who support the war will reach the point that we say “we might as well be taken as wolves then as sheep”. At that point the left can celebrate that they have made our military and those who support it the people they claim we are. Once that happens however any compunction about respecting them will be gone, and remember one side is armed and one is not.

If you have some doubt as to what that means, Reynolds updates his post with a clarification:

Some people, judging from my email, are misjudging — or deliberately misconstruing — Ingemi’s point. Ingemi’s point, as I took it, is that crying wolf leads in the end to moral callousness, as people assume that there’s no point in behaving morally when they’re going to be called monsters anyway. This seems rather uncontroversially obvious to me.

In other words — since U.S. soldiers and war-supporters will be accused of committing and supporting war atrocities anyway, then they might as well behave just like they are accused.

Jonathan Schwarz puts him in his place:

It would take five years to untangle every strand of his Crazy Yarn, so let me just concentrate on this: what kind of person believes it’s “uncontroversially obvious” that human beings work like this? Read that again: “people assume that there’s no point in behaving morally when they’re going to be called monsters anyway.”

You know, Professor Reynolds is welcome to call me a babykiller every day until the sun explodes. Yet somehow I still won’t come to his house and shoot his children.

This goes to my oft-repeated point that those on the right — many of whom claim to vote their "moral values" — often have no moral values to speak of. 

To my mind, it’s quite simple.  Regardless of one’s views of the war, it is wrong — an absolute wrong — for American soldiers to round up 24 unarmed Iraqis — including 11 women and children — and summarily execute them in cold blood for no reason other than the fact that they are in the same country as the actual enemy.  End of story.  No waffling.  No wringing of hands.  No excuse-making.  No psychobabble about the stress of the American soldier who has to endure "cry wolf"s.  It’s an absolute moral wrong.  Period.

UPDATE:  O’Reilly outdoes them all — see related post above.

Mistaken Identity

Ken AshfordBloggingLeave a Comment

You may have heard the story this week about a tragic case of mistaken identity.  If not, here’s the low-down:

The casket was closed for Whitney Cerak’s funeral more than a month ago. Her mother, Colleen, declined to look at the body, battered as it was in a collision between a van and a tractor-trailer.

"They wanted to remember her the way she was," said Cerak’s grandfather, Emil Frank.

Meanwhile, the family of Laura VanRyn, another victim of the crash, kept vigil by a hospital bed. The severely injured young woman was in a coma for a time, but the family’s blog detailed the many small steps she made toward recovery: feeding herself applesauce, playing Connect Four with a therapist.

But as her condition improved, Laura Van Ryn’s family realized they had the wrong woman, and Colleen Cerak realized she had not buried her daughter.

Yup.  The girl who diedin the car accident on April 26 was actually Laura VanRyn, and the girl going through recovery was Colleen Cerak.

The mistake was understandable, since both girls were horribly mangled in the accident.

Anyway, here’s the VanRyn family blog mentioned in the article above.

Here is the post from May 29.  It seems clear (now with 20/20 hindsight) that their "daughter’s" condition, while improving, was raising some red flags:

While certain things seem to be coming back to her, she still has times where she’ll say things that don’t make much sense.

And here’s the particular entry two days later, where the VanRyn family reveals (to their dismay) that the "daughter" by whomn they’ve kept a bedside vigil, is not their daughter, but their daughter’s friend:

We have some hard news to share with you today. Our hearts are aching as we have learned that the young woman we have been taking care of over the past five weeks has not been our dear Laura, but instead a fellow Taylor student of hers, Whitney Cerak. There was a misidentification made at the time of the accident and it is uncanny the resemblence that these two women share. Their body types are similar, their hair color and texture, their facial features, etc. Over the past couple of days, as Whitney had been becoming more aware of her surroundings, she’d been saying and doing some things that made us question whether or not she was Laura. Yesterday, we talked with a Spectrum staff member and began the process of making a positive ID. We now know without a doubt, that this is Whitney.

The Cerak family came down from Gaylord and we had the privelege of meeting with them this morning. While we discussed some of the action steps that will need to take place over the next couple of days, we were also able to share with them some of the great things we have seen Whitney accomplish over the past month. It is a sorrow and a joy for us to learn of this turn of events. For us, we will mourn Laura’s going home and will greatly miss her compassionate heart and sweetness while knowing that she is safe and with her King forever. We rejoice with the Ceraks, that they will have more time on this earth with their daughter, sister, and loved one.