Oct 4, 2022

Today's Wingnuts


There's practically no daylight between the Republican Party and the foil hat wackos.

This is what the GOP is now - the dark side reality of The King Of Hearts.

The Press Poodles can stop referring to it as "The Far-Right". 


Far-right pundits baselessly claim Hurricane Ian was created by the 'deep state' to target Gov. Ron DeSantis and other red states: 'They are angry with us'

Two far-right pundits are spewing baseless a conspiracy theory about "weather manipulation" — claiming that Hurricane Ian was created by the so-called Deep State to target Florida Gov. Ron DeSantis and other GOP-led states as "punishment."

The comments were made by DeAnna Lorraine and Lauren Witzke, both former GOP congressional candidates, according to The Independent and RightWing Watch, a group that monitors right-wing activity.

"We understand that the 'deep state,' they have weather manipulation technology," Lorraine said on her Telegram show, per a clip posted by the group on Friday, referring to the hurricane that struck the Sunshine State.

"These huge hurricanes always seem to target red states, red districts, and always at a convenient time — typically right before elections," she added. "Or, in this case, possibly because Ron DeSantis has been stepping out of line a lot and challenging, fighting the 'deep state."

The "deep state" is a conspiracy term referring to a shadowy cabal of influential people who manipulate politics and public life, Insider previously reported, and was used by former President Donald Trump and QAnon.

Florida is still reeling after Ian ripped through the state earlier this week, cutting power and downing trees. Floodwaters reached as high as the second floor of some buildings. Officials note that Ian has weakened to a tropical storm and appears to be heading north toward Georgia and South Carolina.

During the interview, Witzke agreed with Lorraine and suggested that the deep state is "trying to change people's DNA through vaccination."

"Of course, they would be willing to do something like this to target red states," Witzke said.

"I'm not putting it past the elites to target something like this towards Florida as punishment for getting rid of vaccine mandates or getting rid of child grooming," she continued. "They are angry with us, and it wouldn't surprise me to find out that the technology does exist. But you're not supposed to talk about that or know about that because that's controversial or a conspiracy theory. No, it's true."

Oct 3, 2022

Today's Green Stuff

On my best day, I could get it down to about 5 seconds in my '56 Chevy.

327 bored out to about 335. Holley 650 double-pumper on top of an Edlebrock highrise manifold, 2.02 Fuely heads, custom pipes, 4-speed trans out of a 'Vette, Mr Gasket vertical gate shifter, 410 rear end with Positrac and traction bars.

I loved that car, and I would've traded it for this EV Hummer in a heartbeat.


It's a fuckin' Hummer, FFS

Today's Über Nerd


(pay wall)

Nobel in medicine awarded to Svante Pääbo for discoveries on human evolution

The Nobel Prize in medicine was awarded Monday to Svante Pääbo, a Swedish geneticist whose work on ancient DNA helped change our understanding of human origins.

Pääbo, an evolutionary geneticist at the Max Planck Institute for Evolutionary Anthropology in Leipzig, Germany, led groundbreaking work to sequence the genome of long-extinct Neanderthals from 40,000-year-old bone fragments. It was a “seemingly impossible task,” said Anna Wedell, a member of the Nobel committee.

The work was transformative, showing that Neanderthals mixed with prehistoric humans after they migrated out of Africa, and the vestiges of those interactions live on today in the genomes of present-day people. Pääbo’s efforts laid the foundation of a new field of science that uses ancient DNA as a new stream of information to probe human evolution.

Pääbo, 67, learned he had won the prize in a midmorning phone call from the Nobel committee.

“He was overwhelmed. He was speechless, very happy,” said Thomas Perlmann, secretary of the Nobel Assembly. “He was incredibly thrilled about this award.”As a young scientist, Pääbo focused on understanding how adenoviruses interacted with the immune system. But he retained an interest in human origins, and worked on isolating DNA from Egyptian mummies as a side project.

At the time, the ancient DNA field was “kind of a joke,” full of incredible claims that would turn out to be incorrect as scientists tried to recover DNA from dinosaurs, said John Hawks, an anthropologist at the University of Wisconsin at Madison.

“It was Svante, who came along and made this into a science,” Hawks said.

For decades, Pääbo chipped away at the difficult task of analyzing ancient DNA, devising ways to overcome the technical challenges of working with samples that degrade over time and are easily contaminated. He worked largely on DNA from extinct animals, but always with the goal of bringing the techniques he was developing to modern humans’ extinct, big-brained relatives, Neanderthals.

Once he had developed those methods, he brought together a large consortium of scientists and built the relationships necessary to obtain the ancient bone fragments needed to take on the monumental task of trying to decipher the genome of Neanderthals.

That work disrupted the prevailing view of human origins. Homo sapiens originated in Africa about 300,000 years ago, but they emerged into a world filled with other hominid species — and mixed with them as they migrated.

Pääbo and colleagues showed that Neanderthals, extinct for 30,000 years, live on in our DNA. As modern humans migrated outside of Africa, they mixed with Neanderthals, making up about 1 to 2 percent of the genomes of non-African people today. From a finger bone found in a cave in the Altai Mountains in Russia, he discovered a new species of early hominid, the Denisovans.

This genetic inheritance is relevant for understanding aspects of human health today. A version of a gene that gives people an advantage at high altitude that is common among people living in Tibet today has Denisovan origins. Some genes that influence how present-day people’s immune systems respond to infections are inherited from Neanderthals.

“These are profound things that happened to human biology, and we need to know about it — it is an important part of the inheritance,” said David Reich, a geneticist at Harvard Medical School. “It’s changed our biology and the history of everybody. We all know we are all mixed.”

Reich said the prize was a thrilling recognition for a scientist he considers a close friend and collaborator — and for a burgeoning field of science that has transformed science’s view of the human species.

Reich was a key part of the consortium that helped determine that Neanderthals had mixed with humans, and said that when he joined the project, he — like many in the field — expected to find little evidence of mixing between Neanderthals and humans.

“When we saw the first evidence that it had occurred … it was surprising and unexpected, and I thought it was likely to be an error of our analysis — and I spent a lot of time trying to make it go away,” Reich said.

Ultimately, multiple lines of evidence supported the conclusion.

Before Pääbo’s contributions, scientists were limited to studying ancient bones and artifacts to understand human ancestors. His work has established a new field of science, paleogenomics, that uses ancient DNA analysis to probe questions about prehistoric questions.

While Pääbo’s scientific work has been transformative, some wondered whether it would win a Nobel, often considered science’s highest honor, because it wasn’t an obvious fit to the categories. In science, Nobels are awarded to medicine or physiology, physics and chemistry.

Hawks, however, argues that understanding human ancestry and evolution is a direct window into understanding deep questions about health and disease. Ancient DNA opened the window to asking deep questions about ancient humans and their relatives that would otherwise be inaccessible.

“This isn’t just a strange thing about our evolution that we’re learning — it’s relevant to our health,” Hawks said. “It matters because our ancestry is what is affecting our health, and when you uncover the genes that we inherited from these distant ancestors that matter to our health, you’re going to open a new window into understanding human disease.”


And it turns out the guy's a legacy, but I won't hold that against him - looks like he's earned it.

Forty years earlier, Pääbo’s father, Sune Bergström, won a Nobel Prize.

Ukraine


Another message to the Russians, via 


"Sixty thousand of your compatriots are successfully fertilizing Ukraine's black earth."


And a compilation via
(pay wall)


- and -

In open conflict that underscored the disarray in Russian ranks, two powerful figures with their own armed forces fighting Ukraine launched scathing attacks on Russian Defense Ministry commanders. It began with Chechen leader Ramzan Kadyrov’s criticisms on Saturday of Russian military commanders, and his call to use tactical nuclear weapons against Ukraine.

Then in rare public remarks, Russian oligarch Yevgeniy Prigozhin, founder of mercenary group Wagner, added his own blunt attack.

“Kadyrov’s expressive statement, of course, is not entirely in my style,” he said, according to a Wagner-affiliated Telegram channel. “But I think that we should send all these bastards barefoot to the front with machine guns,” he said in an apparent reference to top Russian military commanders.

Elena Panina, a former lawmaker and director of Russtrat, a pro-Kremlin think tank, called the public attacks on top Russian military figures “unprecedented” before piling on with her own criticisms, complaining about the lack of any tough military retaliation to punish Ukraine for the forced Russian retreat.

She called Ukraine’s recapture of Lyman “a direct act of aggression against Russia,” in reference to Russia’s illegal move to annex the region. Panina said the criticisms of Russia’s military command came “in the midst of military failures and to the delight of the enemy.”

But sweeping Russia’s failures under the carpet was a path “fraught with real disaster,” she said. In what appeared to be a call to dismiss top military officials, she called for “qualitative changes in personnel, of an organizational and operational nature, up to and including emergency measures.”

“According to numerous estimates, Russia is facing an enemy that is more numerous, better armed, better prepared and better motivated,” Panina said, adding that it would take a “superhuman effort” to win.

Pro-Kremlin Telegram news outlet Readovka described the public airing of recriminations as “worse than betrayal” and called for an end to the public accusations by “hot heads” and “turbo-patriots,” in a commentary on its Telegram channel.

- more -


02 October 2022

Joint statement of Presidents of Central and Eastern European NATO Member States on Russian attempts to illegally annex Ukrainian territories.

We Presidents of Central and Eastern Europe, countries whose leaders have visited Kyiv during the war and witnessed with their own eyes the effects of Russian aggression, cannot stay silent in the face of the blatant violation of international law by the Russian Federation, and therefore are issuing the following statement:

We reiterate our support for the sovereignty and territorial integrity of Ukraine. We do not recognize and will never recognize Russian attempts to annex any Ukrainian territory.

We firmly stand behind the 2008 Bucharest NATO Summit decision concerning Ukraine’s future membership.

We support Ukraine in its defence against Russia's invasion, demand Russia to immediately withdraw from all the occupied territories and encourage all Allies to substantially increase their military aid to Ukraine.

All those who commit crimes of aggression must be held accountable and brought to justice.

Miloš Zeman
President of the Czech Republic

Alar Karis
President of the Republic of Estonia

Egils Levits
President of the Republic of Latvia

Gitanas Nausėda
President of the Republic of Lithuania

Stevo Pendarovski
President of the Republic of North Macedonia

Milo Đukanović
President of Montenegro

Andrzej Duda
President of the Republic of Poland

Klaus Iohannis
President of Romania

Today's Birthday



Stephen Ray Vaughan was an American musician, best known as the guitarist and frontman of the blues rock trio Stevie Ray Vaughan and Double Trouble. Although his mainstream career only spanned seven years, he is regarded as one of the most influential musicians in the history of blues music, and one of the greatest guitarists of all time.

Born and raised in Dallas, Vaughan began playing guitar at age seven, initially inspired by his elder brother, Jimmie Vaughan. In 1972, he dropped out of high school and moved to Austin, where he began to gain a following after playing gigs on the local club circuit. Vaughan joined forces with Tommy Shannon on bass and Chris Layton on drums as Double Trouble in 1978 and established it as part of the Austin music scene; it soon became one of the most popular acts in Texas. He performed at the Montreux Jazz Festival in 1982, where David Bowie saw him play. Bowie contacted him for a studio gig which resulted in Vaughan playing blues guitar on the album Let's Dance (1983), before being discovered by John Hammond who interested major label Epic Records in signing Vaughan and his band to a record deal. Within months, they achieved mainstream success for the critically acclaimed debut album Texas Flood. With a series of successful network television appearances and extensive concert tours, Vaughan became the leading figure in the blues revival of the 1980s. Playing his guitar behind his back or plucking the strings with his teeth as Jimi Hendrix did, he earned fame in Europe, which later resulted in breakthroughs for guitar players like Robert Cray, Jeff Healey, Robben Ford, and Walter Trout, amongst others.

During the majority of his life, Vaughan struggled with drug and alcohol addiction. He also struggled with the personal and professional pressures of fame and his marriage to Lenora "Lenny" Bailey. He successfully completed rehabilitation and began touring again with Double Trouble in November 1986. His fourth and final studio album In Step reached number 33 in the United States in 1989; it was one of Vaughan's most critically and commercially successful releases and included his only number-one hit, "Crossfire". He became one of the world's most highly demanded blues performers, and he headlined Madison Square Garden in 1989 and the Beale Street Music Festival in 1990.

On August 27, 1990, Vaughan and four others were killed in a helicopter crash in East Troy, Wisconsin, after performing with Double Trouble at Alpine Valley Music Theatre. An investigation concluded that the cause of the accident was pilot error and Vaughan's family later filed a wrongful death lawsuit against Omniflight Helicopters which was settled out of court. Vaughan's music continued to achieve commercial success with several posthumous releases and has sold over 15 million albums in the United States alone. In 2003, David Fricke of Rolling Stone ranked him the seventh greatest guitarist of all time. Vaughan was posthumously inducted into the Rock and Roll Hall of Fame in 2015, along with Double Trouble bandmates Chris Layton, Tommy Shannon, and Reese Wynans.

I'm Cryin'

Oct 2, 2022

More Ukraine


via Reddit

Buckle Up


(pay wall)

Opinion
You thought the Supreme Court’s last term was bad? Brace yourself.

The cataclysmic Supreme Court term that included the unprecedented leak of a draft opinion and the end of constitutional protection for abortion would, in the normal ebb and flow, be followed by a period of quiet, to let internal wounds heal and public opinion settle.

That doesn’t appear likely in the term set to start Monday. Nothing in the behavior of the court’s emboldened majority suggests any inclination to pull back on the throttle. The Supreme Court is master of its docket, which means that it controls what cases it will hear, subject to the agreement of four justices. Already, with its calendar only partly filled, the justices have once again piled onto their agenda cases that embroil the court in some of the most inflammatory issues confronting the nation — and more are on the way.

Last term, in addition to overruling Roe v. Wade, the conservative majority expanded gun rights, imposed severe new constraints on the power of regulatory agencies and further dismantled the wall of separation between church and state.

If there was a question, at the start of that term, about how far and how fast a court with six conservatives would move, it was answered resoundingly by the time it recessed for the summer: “Very far, very fast,” said Donald B. Verrilli Jr., who served as solicitor general under President Barack Obama. “I hope the majority takes a step back and considers the risk that half the country may completely lose faith in the court as an institution.”

It's reasonable to think "half the country" is a pretty big understatement.

Maybe it will, but for now, the court is marching on toward fresh territory, taking on race, gay rights and the fundamental structures of democracy — this even as the shock waves of the abortion ruling reverberate through our politics and lower courts grapple with a transformed legal regime. And there’s every indication that the court intends to adopt changes nearly as substantial — and as long sought by conservatives — as those of last term.

Of course, blockbuster cases can fizzle. Even if four justices vote to hear a case, the need to secure a fifth vote for an eventual majority can force incremental rulings over bold proclamations. But a six-justice supermajority means that Chief Justice John G. Roberts Jr., the most moderate of the conservatives, can’t apply the brakes alone, even in the relatively few instances where he might be so disposed. Justice Brett M. Kavanaugh is the justice most likely to join Roberts in defecting from the conservative fold, but Kavanaugh’s approach has more often been to put a comforting gloss on the majority’s version — and then sign on to it anyway.

In assembling its cases for the term, the conservative wing has at times displayed an unseemly haste — prodded by conservative activists who have seized on the opportunities presented by a court open to their efforts to reshape the law. The court reached out to decide a dispute about when the Clean Water Act applies to wetlands, even as the Environmental Protection Agency rewrites its rules on that very issue. It agreed to hear a wedding website designer’s complaint that Colorado’s law barring discrimination on the basis of sexual orientation violates her free speech rights to oppose same-sex marriage, even though Colorado authorities have not filed any complaint against her. It took the marquee case of the term — the constitutionality of affirmative action programs at colleges and universities — although the law in this area has been settled and there is no division among the lower courts.

“They’re impatient,” Harvard Law School professor Richard Lazarus said of the conservative justices, especially the longest-serving, Clarence Thomas and Samuel A. Alito Jr. “They’ve spent a lot of time waiting for this majority to happen, and they don’t plan to waste it.”

If so, that is a perilous course for an institution whose very authority is grounded on the presumption of stability. If the majority insists on its current and hurried path, it risks deepening the very questions about the court’s legitimacy that have tormented the justices — divisions reflected in the bellicosity of their written work and that have erupted, in recent weeks, into their public debate. At a moment of extreme and increasing national division, change of such velocity and breadth is unhealthy not only for the court but also for a nation being asked to abide by its rulings.

Nearly 80 years ago, Judge Learned Hand observed that “the spirit of liberty is the spirit which is not too sure that it is right.” By contrast, “this is a court that is very convinced of its righteousness,” said Stanford Law School professor Pamela S. Karlan. “This is a court on which there are a number of justices who are very eager to push the law in directions they prefer, and they don’t think to themselves, ‘We should go slow on these things.’ ”

As much as the previous term was dominated by the decision to overrule Roe, the overriding theme of the coming term will be race — with one major case on the constitutionality of weighing race as a factor in college admission and another on the fate of the remaining shreds of the Voting Rights Act.

Both implicate the same fundamental question: Does the Constitution and federal law impose an unyielding insistence on colorblindness? Or should the nation’s history of racial discrimination and its lingering pernicious effects permit some flexibility to allow consideration of race?

This majority is certain it knows the answer. Race is a triggering issue for the conservative justices, one that rivals abortion in the intensity of response that it evokes. They have made a near fetish of Justice John Marshall Harlan’s famous 1896 admonition in Plessy v. Ferguson that “our Constitution is colorblind” — somehow forgetting that statement came in the context of arguing against state-compelled segregation of rail cars, what Harlan termed “a badge of servitude wholly inconsistent with ... the equality before the law established by the Constitution.” These justices are offended by the notion of allowing any consideration of race, whether the motive is malign or benevolent.

And no justice is more hostile to that idea than Roberts. His much-vaunted incrementalism has rarely manifested itself in race-related cases. “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race,” he declared in a 2007 case rejecting a school district’s effort to achieve racially balanced classrooms. “It is a sordid business, this divvying us up by race,” he wrote in a 2006 Voting Rights Act case.

The affirmative action case, to be argued Oct. 31, involves the constitutionality of race-conscious admissions programs at Harvard University and the University of North Carolina; the court, with considerable discomfort, has narrowly allowed the practice. In a 2003 case, Grutter v. Bollinger, the court voted, 5-4, to uphold a University of Michigan law school admissions program.

“Student body diversity is a compelling state interest that can justify the use of race in university admissions,” Justice Sandra Day O’Connor wrote for the majority, echoing the position of Justice Lewis F. Powell Jr. in the 1978 Regents of the University of California v. Bakke ruling. None of the five justices in the Grutter majority remain on the court. Justice Thomas, who dissented in Grutter, has since been joined by five new colleagues who are apt to support his view.

Just as lawyers for Mississippi, after the death of Justice Ruth Bader Ginsburg, urged the newly constituted court to use Dobbs v. Jackson Women’s Health Organization to overturn Roe, those challenging the Harvard and UNC admissions programs have taken direct aim at Grutter. Their brief invokes Brown v. Board of Education, the landmark school desegregation case, as support for invalidating efforts to assure diversity in higher education. “Because Brown is our law, Grutter cannot be,” the brief asserts. “Just as Brown overruled Plessy’s deviation from our ‘colorblind’ Constitution, this Court should overrule Grutter’s.”

This is jawdroppingly offensive. One case was designed to undo Jim Crow-era segregation; the other to promote racial diversity. As with the paeans to “colorblindness” in Harlan’s Plessy dissent, the invocation of Brown ignores that fundamental difference.

Go back to Chief Justice Earl Warren’s language for a unanimous court in Brown: “To separate them [schoolchildren] from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.” That is not what happens to applicants rejected by Harvard, however aggrieved they might feel.

The conservative justices are no doubt inclined to take up the invitation to overrule Grutter — it’s fair to surmise that’s why they accepted the cases. But in doing so, they’ll have to confront the tension between their insistence on colorblindness and their asserted adherence to an originalist judicial philosophy.

The 14th Amendment, ratified in 1868, guarantees to every person the “equal protection of the laws.” During that very period, however, those defending race-conscious admissions point out, Congress and states also enacted special programs to help newly freed enslaved people and other Black citizens.

Don’t count on that swaying this court. “One of the striking things in this area is that originalists do not bring their usual apparatus to bear on these questions,” said Yale Law School professor Justin Driver.

The second race case, to be argued Oct. 4, concerns Section 2 of the Voting Rights Act. It, too, demonstrates how newly aggressive conservative states and other parties are pushing the majority to deploy the equal protection clause not as a weapon for assuring minority rights but as a guise for retrenching on them.

Over the past decade, the court has put the Voting Rights Act through the shredder. In 2013, in Shelby County v. Holder, the court eviscerated the law’s central mechanism, known as Section 5, which required jurisdictions with a history of voting discrimination to obtain advance federal approval before changing voting rules. Roberts, who wrote the opinion, offered assurances that it in “no way affects the permanent, nationwide ban on racial discrimination in voting” in Section 2 of the law.

But Section 2, which prohibits any voting practices that result in the “denial or abridgment” of the right to vote on account of race, hasn’t fared much better. Two years ago, the court made it much more difficult to use the law to go after voting restrictions, such as limits on absentee ballots, that disproportionately harm minorities.

This term, the court is turning its focus to what has been the main use of Section 2, to ensure that state legislative and congressional district lines are drawn fairly. The case, Merrill v. Milligan, involves a congressional redistricting plan in Alabama. The state’s population is 27 percent Black, but Blacks constitute a majority in just one of its seven congressional districts. A lower court, citing Alabama’s “extensive history of repugnant racial and voting-related discrimination,” ruled that the state had to create another majority Black district to comply with Section 2.

Applying the approach set out in a 1986 case, the lower court found that voting in Alabama is so racially polarized that Black voters don’t have a decent chance of electing their preferred candidate unless they are in a district that is at least close to majority Black. In addition, it concluded, Blacks in the state are numerous enough and clustered sufficiently compactly to make it feasible to create a second such district.

Alabama argues that it can’t be required to draw a second district — but not because it contests the factual findings by the three-judge lower court, which included two Donald Trump appointees. Instead, the state is urging the court to discard decades of precedent and simply rewrite the “existing framework.”

Even though Congress amended Section 2 in 1982 to make clear that it wanted to prevent voting practices with discriminatory effects (as well as discriminatory intentions), Alabama insists, those challenging existing district lines must prove that “can be explained only by racial discrimination.”

At the same time, it argues, plaintiffs trying to show that a majority-Black district is possible can’t take race into account in drawing that district. The illustrative maps must, the state says, be created in a way that is “race-blind.” Otherwise, Alabama says, Section 2 would violate the 14th Amendment by taking race into account.

This is simply head-spinning. As the Biden administration explained in its brief, “it would be extraordinary to hold that the Fourteenth Amendment, which itself empowers Congress to combat racial discrimination, disables Congress from adopting Section 2’s limited measures” to ensure equal participation by minority voters.

The implications of Alabama’s logic would be enormous, especially in the Deep South, at a moment when minority representation in elected office generally lags below the minority share of the vote. “For those who care about Black or Latino representation … this is the most disruptive case to minority representation in several decades, more so than Shelby County,” said Harvard Law School professor Nicholas Stephanopoulos, who filed a brief in the case on the side of those arguing for the second majority-Black district.

If past is prologue when it comes to this court and the Voting Rights Act, that won’t make much difference.

But race isn’t the only issue on which the court is poised to usher in dramatic change. Some of the cases the justices are set to hear — including one that is hurtling its way toward a receptive court — involve the tension between religious liberties and gay rights. The buttressed conservative majority has moved cautiously but inexorably in a single direction: In the clash, religious rights prevail.

Five years ago, in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the court punted in a case involving a Christian baker, Jack Phillips, who said his religious beliefs prevented him from creating a custom cake for a same-sex wedding. Colorado authorities said Phillips’s refusal violated the state’s anti-discrimination law.

The court in Masterpiece Cakeshop said it was a “general rule” that religious and philosophical objections “do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law.” But the court kicked the case back to the lower courts because it said there was evidence that Colorado authorities were hostile to Phillips because of his religion.

Now, a different court — Kavanaugh replaced Anthony M. Kennedy, and Amy Coney Barrett succeeded Ginsburg — has decided to plunge back into the contentious issue. The case again comes from Colorado, this time brought by Lorie Smith, a graphic artist and website designer who wants to create custom wedding websites that “express what she believes is the beauty of God’s design for marriage,” as her lawyers told the court.

The case, 303 Creative LLC v. Elenis, has been brought as a restriction on Smith’s free speech rights as an artist, not as an infringement of her religious liberties. (Masterpiece Cakeshop originally raised both issues.) Still, given this court’s solicitude for freedom of religion, it is hard to see how such concerns will not end up influencing the outcome. At the same time, the First Amendment focus opens up a whole new can of worms: Given the array of businesses that could claim their activities deserve free speech protections, what would the limiting principle be?

“If 303 Creative is correct, could a bakery that opposed celebrating Black families refuse to sell a birthday cake to a Black mother?” the American Civil Liberties Union asked in its friend-of-the-court brief. “Could an architecture firm that serves the public refuse to design homes for Muslims because it opposes their religion? … Could a restauranteur opposed to ‘mixed marriage’ put up a sign in its window saying, ‘No inter-racial or inter-faith couples served’?”

The second case presents the religious freedom issue even more starkly. It pits Yeshiva University, an Orthodox Jewish institution whose beliefs oppose homosexuality, against a group of gay students seeking official recognition as a campus organization. In September, the justices, in a 5-4 split, rebuffed Yeshiva’s plea for emergency intervention, saying it should continue to make its case in New York state courts; Roberts and Kavanaugh joined with the three liberal justices — Sonia Sotomayor, Elena Kagan and the newly arrived Ketanji Brown Jackson.

Unless the New York courts change course, this appears to be a mere stay of execution for the gay student group — and perhaps not for very long. The four dissenters, in an opinion by Alito, predicted flatly: “At least four of us are likely to vote to grant certiorari if Yeshiva’s First Amendment arguments are rejected on appeal, and Yeshiva would likely win if its case came before us.”

Indeed, Yeshiva is pressing the court to use the opportunity — one it ducked two years ago — to overrule Employment Division v. Smith, a 1990 opinion by Justice Antonin Scalia that has long been a target of religious rights advocates who say laws and regulations should have to give way if they burden religious freedom.

Finally, democracy is on the court’s docket in the form of a case called Moore v. Harper, a dispute over gerrymandering in North Carolina — this time partisan, not racial, gerrymandering. The case raises what conservatives call the “independent state legislature theory.” Some background: The Constitution’s elections clause provides that “the Times, Places and Manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof,” subject to congressional action. (A parallel provision applies to appointing presidential electors.)

In Moore, the question is whether, notwithstanding the elections clause, the state Supreme Court retains the power to supervise the actions of the state legislature to make certain they comply with the requirements of the state constitution.

This case matters for democracy on two levels — one immensely important, the other potentially revolutionary.

The first concerns the precise issue in this case: the increasingly common and, with the help of powerful computers, increasingly effective practice of partisan gerrymandering. In 2019, after toying with the notion for years, the justices declared that federal courts had no business involving themselves in supervising such manipulation.

Even as it did so, the majority insisted that its withdrawal from the field did not “condemn complaints about districting to echo into a void.” State courts could remain active in the area and police excessive gerrymandering, the court noted.

That’s just what happened in North Carolina. The state Supreme Court struck down a redistricting map that would lock in 10 of 14 congressional districts for Republicans, calling the map an “egregious and intentional partisan gerrymander” that violated the state constitution. Republican state legislators, invoking the independent state legislature theory, appealed to the Supreme Court, claiming that the North Carolina courts had usurped their authority and intruded on the exclusive domain of the state legislature.

The case will be closely watched, but not only because of redistricting. Much as the Christian website designer’s case could usher in a new era of line-drawing about when discrimination must be tolerated, the North Carolina case could create new limits on state courts’ oversight of state legislators.

The independent state legislature theory, if validated in Moore, could be used as a tool for election subversion, letting state legislatures interfere with election results they don’t like. What if state election officials determine that certain ballots should be counted — say, from absentee voters postmarked by a certain day — but the state legislature doesn’t agree?

An even more extreme scenario, though not one directly implicated by this case: What if a state legislature disapproves of the slate of presidential electors certified by a governor? Could it step in to undo election results? This was the theory being peddled by lawyer John Eastman as he tried to upend the 2020 election results and have Trump declared the winner.

But letting legislatures change the rules after Election Day could be a step too far, even for this court. Moore might be the one case this term where apocalyptic predictions have been overblown.

Still, three justices have already signaled where they stand, at least on the narrower issue. Alito, joined by Thomas and Justice Neil M. Gorsuch, dissented earlier this year when the court refused to stop the North Carolina map from taking effect. “If the language of the Elections Clause is taken seriously, there must be some limit on the authority of state courts to countermand actions taken by state legislatures when they are prescribing rules for the conduct of federal elections,” Alito observed.

Kavanaugh chimed in, calling the independent state legislature issue an “important” question. And Roberts, dissenting in a 2015 case upholding Arizona’s independent redistricting commission adopted by voter referendum, termed it a “deliberate constitutional evasion” to read the term “legislature” so broadly as to include an independent redistricting commission.

The state lawmakers present the issue as a simple one: Legislature means legislature. “The text of the Constitution directly answers the question presented in this case,” they write in their brief.

Not so fast, perhaps. Former acting solicitor general Neal Katyal, representing Common Cause in the case, told the court the opponents’ arguments “hang on a hyper-literal reading of the word ‘Legislature’ that ignores that word’s context, constitutional structure, and precedent,” adding, “the original understanding of ‘Legislature’ … contemplated a governing body defined and bounded by state constitutional limits.” It’s hard to have much confidence that such originalist arguments will persuade the court’s self-described originalists.

“Fearless.” That’s the adjective that University of Chicago law professor William Baude applies to this court, and in his view, that’s not a bad thing. “The court’s not sitting out the hard cases now,” he said. “Change happens. New justices were put on the court by politics, and that’s how the court’s supposed to work. Everybody understands that putting new justices on the court who are different from the old justices has consequences. That’s never been something the court could or should try to immunize itself from.”

Fair enough — to a point. Other new courts — the dramatic expansion of civil rights and civil liberties under the Warren court of the 1950s and ’60s comes to mind — have ushered in periods of major, even radical, change, and there is an element of turnabout is fair play in the changes being wrought by the court’s new supermajority.

But Baude’s phrase — justices “put on the court by politics” — omits the ugly reality of how they arrived: Gorsuch after Senate Republican leader Mitch McConnell (Ky.) blocked action on Obama’s nominee, Merrick Garland, for nine months; Barrett after McConnell rushed through her confirmation in 30 days, just ahead of the 2020 election.

It ignores the uncomfortable fact that never before in the court’s history has the ideological alignment of the justices tilted so heavily to one extreme — the intended consequence of the conservative legal movement’s 40-year drive to ensure like-minded nominees. “This kind of partisan correlation, where you can plausibly portray the court as an arm of the Republican Party, which is what I think it is, you’ve never seen that before, and that’s obviously a very dangerous situation,” said Harvard Law School professor Michael J. Klarman.

And Baude’s assessment fails to take into account — although he would disagree — that the conservative majority has demonstrated a consistent willingness to employ decidedly unconservative means to achieve its desired result.

Forget the years of Republican railing about activist judges legislating from the bench. This majority is perfectly willing to rewrite laws it doesn’t like (see its work on the Voting Rights Act) and ignore statutory text when that is inconvenient (see last term’s climate change case). It insists that constitutional interpretation must be constrained by history, but it cherry-picks that history (see last term’s gun case) in a predictable direction. It is willing to ignore its own rules about lightly discarding precedents when it has amassed enough votes to do so (see Dobbs).

The Rule of Six: A newly radicalized Supreme Court is set to reshape the nation

Such behavior has consequences. It produces charged moments, such as Sotomayor, at the oral argument in Dobbs, asking, “Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?” It produces dissents of astonishing ferocity, such as the statement by the three liberals in Dobbs, “Today, the proclivities of individuals rule.”

And it contributes, much as Roberts might like to believe otherwise, to the court’s precipitous decline in public esteem. Echoing the fierce debate between the majority and dissent in Dobbs, Roberts and Kagan have engaged in an unusual public back and forth, polite but pointed, about the genesis of the court’s legitimacy problem. Roberts casts it as a matter of the public misunderstanding the court’s role. “Simply because people disagree with an opinion is not a basis for criticizing the legitimacy of the court,” he told a judicial conference in September.

To Kagan, that misses the point. Of course, the court must issue unpopular decisions — its role is telling “the majority when the majority has transgressed the Constitution, and those decisions are often going to be unpopular,” she said. But the court needs to accumulate a “reservoir of public confidence and good will” — through abiding by precedent, applying its methods consistently and not straining to decide things unnecessarily — to sustain the confidence and faith of the public when handing down unpopular opinions.

“When the court gets involved in things that it doesn’t have to, especially if those things are very contested in the society, it just looks like it’s just spoiling for trouble,” Kagan said in an appearance at Northwestern Law School. “That makes people, again, rightly suspicious that the court is doing something not particularly court-like and law-like.”

Which brings me back to Baude’s description of this majority: fearless. I would choose a different word: heedless. Heedless of any constraints on its power or the effects on the judiciary. Heedless of the real-world consequences of its actions — on women, on minorities, on public safety and, most worrisome, on democracy itself.

As October Term 2022 gets underway, I search in vain for signs of this heedlessness abating. Seeing few, I worry, for the court and for the country whose future it will shape.

Ukraine

Ukrainians continue to kick Russian ass, having taken Lyman, and seeming to get ready for a push into "Putin's Russia" towards Severodonetsk in the northeast, while keeping the Russians pinned in the south with what looks like armed recon and harassment forays.





Meanwhile, Putin continues the crazy talk - "Don't push me, man - I'm gonna fuck you up if you push me" - ignoring the fact that the Ukrainians have pushed him off of almost 60% of what he claimed were "gains" at the beginning of this clusterfuck.

Now he hints at using nukes. And don't get me wrong, that's some pretty bad shit that everybody has to think about. But from what we've seen of his conventional forces, what makes anybody think his nukes are in any better shape?

Given the amount of money that was obviously going into somebody's pockets instead of into proper training and supply and maintenance, imagine what an ambitious sharpster could rake off of a nuclear budget.

Putin took the #2 military in the world and turned into the #2 military in Ukraine.


‘He will continue to choose escalation’ Russia’s strategic options post-annexation – and how far Putin might go

Today’s official annexation of four Ukrainian regions by Russia is the most serious act of escalation since the start of the Russian invasion. Its purpose is clear: the Kremlin would like to draw a new “red line” that cannot be crossed by the Kyiv leadership and Ukraine’s western partners. Earlier today, Russia’s President Vladimir Putin said in his annexation speech that Russia will “defend its land” and “its people” on territories that Russia now claims to be its own. But the Kremlin has no tools for making its opponents respect this new revision of Russia’s state borders. What’s very clear instead is that Kyiv is fully prepared for an escalation, with the assurance of support from countries in the West. The United States has already committed to increasing its arms supplies to Ukraine. The Ukrainian army is likely to continue its offensive, and it’s fully determined to regain control over occupied territories. The Kremlin, as as a result, is likely to up the ante.

The annexation’s aim is to stall the Ukrainian offensive until Russia’s mobilization begins to make a difference at the front. The Ukrainian forces are actively striving to recapture the eastern and southern parts of Ukraine, and the Russian side has limited means for halting their progress. The Kremlin’s delay of mobilization – for the first seven months of the invasion – contrasts against the decisiveness of Ukraine’s President and government, who mobilized the country immediately, and continue to do so. The result is that the numbers of Russia’s infantry currently at the front are significantly less than Ukraine’s.

Russia’s partial loss of occupied territories in the Kharkiv region did not stall the progress of the Ukrainian forces. They are now on the offensive in the northern part of the Donetsk region, intent on clearing the whole north of Luhansk area, including the districts of Svatove, Starobilsk, Sievierodonetsk, and Lysychansk.

Russia’s so-called “partial mobilization” (which is, in reality, a full-scale mobilization) cannot solve this problem instantly. Not all new conscripts can be sent to the front right away, without training or preparation. Most of them will be formed into new units, and organizing those may take several months. This was the case in Ukraine itself when, over the summer, it had effectively two separate armies: one of them, limited in number and with dated equipment, tried to hold back the invaders. The other, armed with up-to-date weapons from the West, was training and preparing (not just at home, but also abroad) for an offensive in the fall.

In this context, the Kremlin decided to raise the stakes. Russia now officially speaks of this war as involving the US and NATO (as stated, for instance, by the Foreign Ministry’s Information Director Maria Zakharova). In this frame, Russia becomes the underdog, whose military resources are outweighed by its opponents’ – in contrast with the early phase of the invasion, when Russia had a military advantage over Ukraine. Russia’s current situation presents just the kind of case for which, beginning in the 1980s, Soviet, and later Russian military theorists developed a special strategy for containing adversaries who possess greater reserves of high-precision weapons.

Escalation is the Kremlin’s way of trying to intimidate both Ukraine and NATO. Since it hasn’t worked so far, the stakes will continue to rise.

Russia’s “containment strategy” implies a hierarchy of weapons use (and threats of using certain kinds of weapons). It includes both conventional and nuclear means of pressuring the adversary. This strategy can be aimed not solely at the enemies’ military potential, but also at their “will to persevere.” The current annexation of Ukrainian regions (that is, the formal extrapolation of Russian sovereignty onto those regions, and their inclusion in the Russian Federation), as well as Putin’s promise to “defend” them by all available “powers and means” is a trigger for launching a “containment” operation against Ukraine and the NATO countries that support it.

The problem is that neither Kyiv nor the NATO countries are going to be impressed by the new “red line” drawn by the annexation “treaties.”

Instead, the West is likely to respond with its own reciprocal escalation measures. (Actually, it is already responding, since the United States is already committed to doubling Ukraine’s supply of HIMARS/MLRS artillery rocket systems, and to supply additional air defense systems to boot.) Probably next in line are the deliveries of long-range ATACMS tactical missiles for the same HIMARS, which can hit targets hundreds of kilometers from the front with high-powered ammunitions. (The United States had repeatedly refused to supply these missiles in the past.) Russian authorities have referred possible deliveries of such weapons as “crossing the red line.”

Ukraine is set to continue its offensive in northern Luhansk region and to try encircling a large Russian grouping in Lyman (Donetsk region). Ongoing mobilization is also going to continue. Ukrainian officials will discuss the full response to the annexations at the Sept. 30 meeting of Ukraine’s National Security Council.

In the words of Dmitry Trenin, the former head of Moscow’s Carnegie Center who is now attempting to justify the Russian invasion, “the West has lost its fear”:

Our American colleagues have often repeated casually: “We thought that you could pose a real danger, but it turns out, it was all a total bluff.” So why should we limit ourselves? Nothing else [except fear] can contain our adversary, if we’re speaking seriously.

This indicates that the Kremlin is driven to continue raising the stakes, so as to prove that Russia really is ready and willing to use all of its available “powers and means.”

The Kremlin is considering a number of possible moves, from sanctions to a nuclear strike. None of them, however, can guarantee victory. Meanwhile, the annexation that just took place leaves no room for a peaceful resolution.

The list of “powers and means” actually available to the Kremlin is not very long. Here it is:
  • Massive attacks on Ukraine’s civilian infrastructure. On Sept. 16, Putin said that the strikes on electric stations in Kharkiv and Kremenchug were meant as “warnings” to the Ukrainian leadership. The energy infrastructure (being the most vulnerable) is likely to be targeted in a bombardment campaign.
  • A tactical nuclear strike, or threats of using nuclear weapons, accompanied, possibly, by demonstrative use of such weapons in unpopulated areas.
  • Economic measures against western countries that support Ukraine – for instance, a reduction of Russian energy exports in the winter.
  • Continued mobilization until the Russian forces at the front reach numerical parity with the Ukrainian army, or else gain a numerical advantage.
All of these steps involve significant organizational and logistical difficulties, as well as threats to the internal stability of Russia’s governance. All of them have the potential for further, uncontrolled escalation, and none of them guarantee success. The “containment strategy” designed in Russia in the 1980s and 1990s was meant to lead to peace, or to freezing the conflict on such terms as could be acceptable to Moscow.

In their Faridaily newsletter, the journalists Farida Rustamova and Maxim Tovkailo write that Russia’s ruling elites are leaning in the direction of further escalation. The situation will become more acute in the coming months, and what remains is to hope that no nuclear war will ensue. According to Faridaily’s source close to the Kremlin, “the conflict must reach a point past which the sides will sit down and start negotiating.”

But it’s going to be exceptionally difficult to negotiate – perhaps even impossible. The annexation comes with an inconvenient side effect: from now on, the only kind of peace acceptable to the Kremlin is the kind in which the four Ukrainian regions just annexed by Russia, as well as the Crimea, annexed in 2014, remain under Russian control. And Putin himself seems intent on raising the stakes to the bitter end.

As another source speaking to Faridaily said about Putin (with whom the source had worked “for many years”), Putin “always chooses escalation – and afterwards, at every single unpleasant fork [in the road], he will continue to choose escalation, right up to [using] nuclear weapons.”

Today's Tweet



When the unfettered free market comes to town, overstays its welcome, takes a giant dump on your coffee table, and then wipes its ass with your guest towels.

"Thank you, sir - may we have some?" --Ron DeSantis

First, there's dependence on dirty fuels, and the cynical manipulation of public opinion to keep us from admitting the truth and understanding what we're doing to ourselves.

And then we see the chain reaction.

The use of dirty fuels leads to
global warning leads to
worse hurricane damage leads to
higher insurance costs

Oct 1, 2022

Today's Tweet


Sorry if it looks like I'm elevating and amplifying a very bad actor, but I think I've finally caught up with something.

It's like Boebert is dialing it back half a notch to soft peddle it - coming off the standard bit about a cabal of liberal jews who traffic in children in order to extract the life-giving adrenochrome and blah blah blah.

That shit is stale and losing its potency, and it kinda scares the straights anyway, so the MAGA gang had to find a few other fairy tales to keep the rubes amped up.

This bit about trans kids and genital mutilation seems to be a way to get some of that tasty QAnon shit more deeply embedded in mainstreaming politics, adding it to the rotation of bullshit culture war "issues" that Republicans cycle through like they're flipping over a desk caledar.