Carroon's first 100 days

The man works too hard. So says a staffer I talked to this weekend who was actually an old Governor Walker appointee (AKA a “Reformed GOPer”). She loves Carroon because he is down to Earth, goes to every chicken fry, and is honestly trying to make things better for the county and the county employees. And the recent Tribune article supports what she told me.

They used to have Nancy Workman's name on everything--their own business cards, their office door, the buildings, etc. It was as if she thought she was the Mayor of Chicago or something.

So is his administration, as aides insist, "a breath of fresh air"?
Republicans seem to think so.
County Councilman David Wilde has no complaints, while colleague Mark Crockett is encouraged.
"I'm very pleased. He seems to be a good-government guy," Crockett says.
Even former Mayor Nancy Workman, who ditched her re-election bid before being acquitted of two felony charges, mustered praise.
"He's doing great," Workman says.

Carroon is getting the AG's office and the Auditor's office to work well with him too, one is GOP and the other Democrat (and the AG didn't get along too well with Nancy).

The only real fights on the horizon are with city mayors within his county. Again, it is refreshing that these fights have nothing to do with ideology or anyone trying to use their office to as a stepping stone for higher office-- it is about trying to get the most for their city/county.

School of Rockin'

OK two points don't usually make a trend, but there is something funny going on with 70-80's nostalgia (and I am not talkiing VH1). School House Rock-eque flash presentations are showing up to pitch everything from saving the fillabuster to fancy hard drives for the next generation of portable music devices.

Take one look at the drawing style and you will see what I mean.

Anyway, watching ads are fun, especially when there are cute characters and fun songs. Enjoy

Smoke-Free please

I don't go to bars that often in this state, in fact, I bet I could count that number on one hand since I moved back for law school/good. Part of the reason is that smoking is permitted still in most clubs.

This year the legislature phoned in an attempt to ban smoking in these "private clubs for members only" and instead hold promos for bars that have banned smoking. [State Senator Waddoups' bill, which would have banned smoking in all Utah private clubs, passed the Senate by one vote but never even came up for debate in the House.]

The fun part about this is you get liberals like SLC mayor Rocky Anderson and public health groups rubbing elbows with the hyper-conservative UT legislators.


Everyone can agree that there is a major second hand smoke problem for employees and state inspectors, not to mention the guy that delivers the beer, or non-smoking patrons who want to get some booze.

They managed to do it in Massachusetts, and the whole state is better for it. The amount that Utah would loose in cigarette taxes is pretty minor considering only a few hundred thousand people smoke here (out of 2.2+ million people or about one12 percent ["thanks" Brian Watkins]). And really, I doubt that bars will be that poorly effected, we can even have them convert into cigar parlors that serve alcohol, and they would make even more with gourmet cigars and brandy, instead of cigarettes and beer.

"A lot of people told us we would never make it if we were smoke-free, but it's done nothing but help us," Red Door owner Louise Hanning said. ...Oyster Bar general manager Mark Robbins, [said his]... businesses is booming [sic] since the bar went smoke-free..."People are coming up to shake my hand and thanking us and saying 'way to go.' "

Much to do about nothing Redux

It seems Bob Brigham and Kos have done what they think is a tag team on the DLC and really set them back. Really is it pretty pathetic to pick on low level staffers like I was or poor interns.

So the database hadn't been updated, big deal, I forgot to get rid of people after November and these politicans don't exactly call the DLC to tell us they would like their name removed. While they admit "many of these names are people who have left office or where defeated" they claim that these people haven't been replaced and thus the movement is losing its influence.

But before they put on their dancing shoes for the tombstone, they should remember that ALL Democrats have been losing in the last four years, so one would expect them to lose many too. Of course, they will reply with a comment that says that this proves that the DLC method is no better (or actually worse) than the Wellstone method.

So let's go to the meat: Gavin Newsom. During the run up to his campaign for mayor, the campaign manager told me that they had to tread carefully with us because San Francisco Democrats hate the DLC and, as liberal as Gavin was nationally, he was the conservative in this race. I wrote an article about his "Care not Cash" campaign for Blueprint (the DLC's magazine) and made him New Dem of the Week once too.

To be honest, politicians use the DLC like the DLC uses them. They want the DLC for the contacts, fundraising, and yes good policy ideas. The DLC wants them to show they are still important post-Clinton and claim that they have their finger in rising stars and can tell the DC establishment who will be the next Governor, Mayor, Senator, or Congress[wo]man. Some politicians use the DLC and then throw them away when the heat from liberal groups like MoveOn gets to big.

And for another thing Bob and Kos have criticized the DLC for wanting to "purge" groups like MoveOn "from the party's ranks." Yet in the same breath, they cannot wait to pump the flames of the blogosphere's/their attempt to purge the DLC from the Democratic Party. There's that old saying about pointing figures, so I won't repeat it. I just want them to stop patting themselves on the backs long enough to realize how pathetic their "victory" was.

Martinez=idiot

Did you ever wonder how Senator Mel Martinez's (R-FL) legal counsel's memo [PDF] on the political benefits ended up in the media? The right wing wants you to believe the Democrats fabricated it. But the truth is, Mel gave it to fellow Senator Tom Harkin (D-IA). "Unbeknownst to me, instead of my one page on the bill, I had given him a copy of the now infamous memo." --Mel told the Orlando Sentinel.

That's got to be the funniest dumb move I have heard all week.

Phill A[d]. Buster

The Alliance for Justice as a School House Rock chic bullhorn they have named after the most famous procedural rule in the Federal Government.

Let's compare:


The live-action version though is pretty lame:



Or maybe it just makes Teddy Kennedy look even whiter and older.

As much as I think the filibuster should remain, I would like to remind people that those who are supporting now are descendents or even the same people that wanted to do away with it when the filibuster was holding up laws like the Civil Rights Act of 1964 or the Voting Rights Act.

Fun Fact: Strom Thurmond still holds the record for the longest filibuster of 48 hours against letting freedom ring.

Oh and on an unrelated note, check out Google's Maps. They now have incorporated their aquizition of Keyhole to give you a satilite view of your neighborhood. I looked at my old apartments in DC and Boston, as well as my parents house. It looks like they were taken in the spring or fall, I can't tell which. So much fun and so distracting

Brown U v. Matt Brown and other RI Democrats

On little watched Cox Cable TV, Brown Univ. prof. Darrell West says '02 GOV candidate/ex-AG Sheldon Whitehouse (D) has immediately become the frontrunner for the Dem nomination. Even though Sec/State Matt Brown (D) has a head start on organization and fundraising, Whitehouse will catch up quickly because of name recognition and "excellent connections." said West, terming this race "experience versus a newcomer." He anticipates an "actively contested primary."

As an unpaid unasked strategist, Professor thinks the victor should make "the campaign into a referendum" against GOP dominance of Congress, rather than a direct assault on Chafee.

Meanwhile, his junior colleague at the Political Science Department took the time to point out the obvious: that Kennedy and Langevin acted selfishly weren't really looking out for their constituents. "These statements might be plausible" if the Dems "had a chance of taking back control of the House in the next decade. But let's be realistic: They don't." Thanks to their decisions, Democrats "also now have no chance to take back the Senate." Prof. Jennifer Lawless went on to tell the ProJo (sub. req.) "They are so confident in their prospects for re-election that they never even considered that they might be held accountable for failing to close the party gap in the Senate. ... They failed the people of their party. And they became poster children who embody the national party's weaknesses. I can only hope that each will face a contested primary, if for no other reason than to be forced to justify publicly their decision to value their own job security over the interests of the citizens they allegedly represent." Laying the smack down like the WWE.

I am proud of, and agree with my alma matter's professors, even if I never took classes from them or have any other ties to them other than the excellant University that is Brown.

Boiling beneath the surface

One of the biggest issues that both sides left untouched in 2004 was immigration, specifically illegal immigration. Undocumented workers, as they are termed, have evoked a massive debate and tension in our society, especially in states where Hispanics are growing in numbers and political power. Bush’s immigration reform policy was shelved because it was moving his xenophobic bloc against him and wasn’t moving Hispanics towards him enough. Kerry couldn’t tell which way the wind was blowing.

In the Old Confederacy, Hispanics are moving in to take scare jobs, underbidding poor whites and adding fuel to the fire. CNN’s Lou Dobbs tried to make immigration a big subject with his specials and guests on his show. “Lou Dobbs Tonight” was originally a stock market program, but now has become his venue for venting his xenophobic, anti-trade, anti-corporate corruption views.

Meanwhile, the news media has prominently covered developments in Arizona where there are “citizens brigades” of state-blessed vigilantes [that’s what President Bush called them] patrolling the border line to spot and catch people who sneak in.

“"We can ask them if they'll wait," explained Magnotto, 61, in a red, white and blue windbreaker, "but we can't touch them."” Of course, this is all in theory, they haven’t spotted anyone yet.

Part of this latest bout of anti-immigrate feelings in the US is driven by the tough economic conditions in certain parts of the US, part by subconscious racism, part by rule of law/fairness sticklers. But think about this: “the estimated seven million or so illegal immigrant workers in the United States are now providing the system with a subsidy of as much as $7 billion a year.”—New York Times

These people are seeking a better life for themselves and their families, and are willing to pay taxes they might never benefit from, face discrimination, learn a new language, and still send money home. There needs to be a solution to this problem one that all sides can agree upon. I don’t like people sneaking across the border, but it is going to happen no matter how many old white people with binoculars are out there in the desert.

Ex-Texas Governor George W. Bush was supposed to have the solution in hand. He was good friends with Mexican President Vicente Fox from their days as neighboring international governors. Why hasn’t a guest worker program worked? Why can’t we find a way for these seven million people to get legal and join the rest of American society as full-fledged members?

Carroon to DA: catch tuition cheats

Today's SL Trib reports that the SL Co mayor's office ordered the investigation, which requires the DA to individually screen roughly 2,800 applications submitted over the past four years. Older case files are exempt because of the statute of limitations. There are 4,000 county employees.

"Our fear is that the audit was just the tip of the iceberg," said Doug Willmore, the county's chief administrative officer. Here are some audit highlights (or lowlights, depending on your perspective):

• On six separate occasions, the tuition coordinator - the employee controlling the tuition account who was not named in the audit - approved her own applications for more than $2,800. Grades for the classes were never submitted.


• Some employees were paid twice for the same class.


• Handwritten "IOU's" were discovered in tuition files. 3 Workman appointed officials had more than $3,500 in tuition debt verbally forgiven by the former Co. Mayor (which she naturally denies)

Since this ammounts to falsifying timecards, it is not only a "fireable" offense, it is criminal, according to Willmore. I say let the heads roll.

John Paul II 1920-2005

I have mixed feelings about the passing of the Pope. I disagreed with him on lots of things, especially how he handled the sex abuse scandal at the end of his pontificatcy.

But I still feel bad with immediately dissing people like John Paul II shortly after their death, unlike some of my colleagues. The Pope did do a lot of great things and at least he stood by what he believed it, I think U2's Bono put it best, calling John Paul II "The best front man the Catholic Church ever had."

It will be interesting to see if they elect a moderate to liberal pope, who will take a second look at celibacy of the priests, contraception, gay rights, and other hot topics like pacifism and the death penalty. Somehow I doubt this and expect an equally if not more conservative pope being elected by the cardinals, yawning the gap between the majority of lay Catholics and their clergy (and the Mel Gibsons of the laity).

And speaking of lay Catholics and conservatives, ex-US Rep. Rick Lazio sounds like he is thinking of challenging Hillary again for NY senate. Lazio "had lunch" today with NY GOP Chair Stephen Minarik and exec dir Ryan Moses. Hillary should be dancing in the streets. Or if he is thinking of running for governor, cheers all around for Spitzer are due as well. In short, Lazio is a joke.

RI, the most Catholic state in the Union, has a key US Senate race on hand. Ex-RI AG and Democratic candidate Sheldon Whitehouse pledged to "work my heart out, from one end of the state to another." Boy, that’s not much of a commitment, because you can drive from one end of the state to another in an hour or so. Whitehouse always was a schmuck; but then again, all the Democrats there are pretty pathetic. You’ve got Patrick Kennedy, who is dumb as a post, Jim Langivin, whose staffers are a bunch of pretentious jerks, and a string of losers who can’t win the Governor’s seat after decades of GOP control.

SL Co. Corruption: worse than thought

Those of you who have been following the story are hardly surprised, but for the rest of you here is a quick snap shot. A few years ago, SL county government switched over to a mayoral system, the idea being that would be more effecient method of governance. Under the first county Mayor (Nancy Workman-R), there were a series of scandals: "Guzzlegate" where co. employees used the gas cards to fill up their family's SUVs, drove the co. cars far and wide for personal use. Then there was the scandal that Workman defeated in court but lost in the election--deverting money to SL Boys and Girls Club where her daughter worked. Before that, there accounts of overpaid assistants and ghost employees.

Now the SL Trib has gotten its hands on an audit revealing another scandal-- at least $100,000 in tax dollars wasted on de facto loans to co. employees who may or may not have actually been taking classes. The idea was to give employees an incentive to get that post-secondary or graduate degree by giving them 75% off tuition if they maintianed a C average. The trouble was, they gave the money upfront, and did no checking to make sure people enrolled or stayed enrolled (or maintained their grades). Worse still, those in charge were lax in enforcing deadbeats.

*Three appointed officials had more than $3,500 in tuition debt forgiven by former Mayor Nancy Workman. "The waivers were all provided verbally, without even a memo to the file as backup," the audit says.
*Post-Its were found in employee tuition files with scrawled notes such as "needs more time," "will bring in check," and "dropped math; owes $355.34."

The auditors and new Mayor Peter Corroon promise to change things. "...the auditor's office recommended that the county shift to a reimbursement program, which was in place before 1992...A study of 33 other [Utah]counties showed 24 offer tuition reimbursements. None Caroon would require "employees to earn at least a B grade to qualify for reimbursement. ...workers who quit within two years of taking a class - up from one year - [will have] to repay the county for the reimbursement."

Carroon came in on the mantle of reform, or at the very least, the stench of Nancy Workman's reign. I am glad to see he is following up with his pledges by saving taxpayers money by consolidating co. cellular plans (which was costing the country about $20K a month) and being tougher than the auditor on this latest financial scandal. All of this stuff is obvious, but this is the kind of things Democrats should be talking up: that GOPers are bad steward's of your tax dollars. Peter's cousin Howard Dean had a good talking point.

follow the "leader"

My Caption: Christain Conversatives ask Bush and fellow GOPers in Congress to save Terri Schiavo.

The White wine and Mercedes Set

Dear Readers,

My father [and I by implication] have been labeled as the "white wine and Mercedes set" of the Utah Democratic Party by ex-State AFL-CIO president Ed Mayne, now a [Democratic] state senator. [OK so he called my Dad that in 1989, but I didn't know until now]

Personally, we don't drive/own/lease Mercedes. I rarely drive at all these days since I am within walking distance of the law school. Also, I can't remember the last time I had white wine, and that's not because I have blackouts. Also, I don't accept the implication that we are elitists, limousine liberals, who hate labor. Both of us have spent summers delivering linens and picking up dirty sheets and towels around the Salt Lake Valley. I have worked for a 100% rating [from every labor group] state Rep in Massachusetts and my dad is supportive of unions through his work as an attorney and his previous jobs in the political arena.

The whole article is pretty lame, especially given that US Rep. Jim Matheson is backing a labor leader to be state party chair and not an "upper-cruster." But then again, what do you expect from this guy? Bob does no research and bases his stories off calling one person. He is one of the least informed, laziest political columnists I have ever read. And that's saying something.

Oh how the mighty have fallen

Gen. Tommy Franks, once in charge of two wars at the same time, best-selling author and speaker at the GOP convention, has been nominated to join the board of directors of Outback Steakhouse Inc. "No rules. Just right." I am sure that is a nice high paying job. But what does he know about Austrialan cooking?

On to contestant #2 "You know whose birthday it is today? Al Gore, 57 years old. They had a birthday party for him. He blew out the candles and everyone yelled, no speech, no speech!"-- Jay Leno. Well, I guess that is the second funny thing I have heard from Leno, he is on a tear. Poor Al...I wonder if he will try to be the ersatz Dean in 2008.

International Diplomacy

Spain's Prime Minister Jose Luis Rodriguez Zapatero talks to Noemi Sanin, the Colombian ambassador in Spain upon his arrival in Bogota, Colombia, Wednesday, March 30, 2005. (AP Photo/ Fernando Vergara)

Wow, they just do stuff differently down there in Colombia I guess.

And a second photo of the day:



And in all seriousness, May Terri Schiavo rest in peace.

House Maj Leader Tom DeLay, on the death of Terri Schiavo: "The time will come for the men responsible for this to answer for their behavior"

What not to do

So we are reading Roe v. Wade for class today. In oral arguments, the FIRST thing the Texas AG says when it's his turn before the supreme court is "Mr. Chief Justice, may it please the Court: It's an old joke, but when a man argues against two beautiful ladies like this, they are going to have the last word."

And he was going against a lady who was about 1-2 years out of law school. Man, it is amazing how either of these people got to argue this case.

great moments in reading case books

"Fairall, a man of obvious sensitivity, smashed all the windows of her automobile, slashed the tires, and dented the body. Not quite mollified, he kicked in her locked door, scattered her belongings in the bedroom, and broke an aquarium, freeing her snake. (It was scotched, not killed. See Macbeth, W. Shakespeare.) Ms. Downes advised appellant of Fairall's behavior; he apparently took umbrage. On the fateful night in question, Fairall, having quaffed a few, went to the garage he called home and then to bed, a mattress laid upon a lofty perch in the rafters. He was rudely awakened by a pounding on the garage door accompanied by appellant's request that he come out so that appellant might kill him. Fairall wisely advised him that they could exchange pleasantries in the morning." People v. Gleghorn, 238 Cal. Rptr. 82, 83 (1987).

handy chart on corruption

Thanks NY Times!

A bad day for bad people

So I am sure you have all heard about the straight employee of the Boy Scouts that liked child pornography. The irony is just so thick.

Second to bat, Johnnie "if the gloves don't fit, you must acquit" Cochran died at 67.

And Third up is the Reverend Jerry "I outed tinky winky" Fallwell is in critical condition.

On a strange note, Rev. Jessie "I had a love child and need to get back in the limelight" Jackson has resurfaced a bit late on the side of Terri Schiavo's parents.

To end happily, O'Conner and 4 other Justices said the right of whistleblowers to sue for Title IX rights (who aren't themselves women athletes) is fundamental to the statute.

Fun facts of the day

All thanks to Hotline's Wake-Up Call!

A 1993 letter has "emerged" in which TX Gov. Rick Perry (R) called Hillary Rodham Clinton's efforts at health care reform "commendable"...I guess I should call him ex-Governor Perry. This fact will sink him for sure, even though those rumors of his homosexuality did nothing.

"Republican" NYC mayor Michael Bloomberg is going to endorse Hillary. The Rev. Al is going to try to sink the NYC democrats again by not endorcing the front runner and playing the race card.

Funniest Celebraty quote "I always dreamed of having that voice mail" -- ex-CBS anchor Dan Rather, on his new recording that begins "Howdy, this is Dan Rather" and concludes, "for now, adios." How is that your dream if its your voice? Couldn't he have made a cool message like since they invented the answering machine?

Funniest Jay Leno quote (I know it is hard to find funny ones, since Jay is UNfunny) "To give you an idea of how low [Bush's] approval rating is, only 3 out of 9 Supreme Court justices would now vote for him"

And finally, lamest threat to a politican: "Ms. Gregoire I have decided to kick you in your nonexistent nuts" –- a woman charged with sending "a series of increasingly threatening e-mails" to WA Gov. Christine Gregoire (D), who won her election in a excruciatingly close recount.

DeLay=Double Hypocrite

I am sure most have you have heard (thanks to the LA Times) that Tommy's papa Charles died when his family decided to deny his father kidney dialysis since his father was in a vegetative state and had not wanted to be kept alive like that. His championing Terri Schiavo's case is bad enough.

But it gets even better when you learn that the DeLay's sued companies who made the products involved in Charles DeLay's horrific accident that lead to the vegetative state. "The DeLay family litigation sought unspecified compensation for, among other things, the dead father's "physical pain and suffering, mental anguish and trauma," and the mother's grief, sorrow and loss of companionship." This is the same guy who voted for and aggressively push caps on pain and suffering damages in Congress just this term.

One rule for DeLay, and another for the rest of us. This guy acts like the Kings of England we freed ourselves from in 1776. That gives me an idea. Instead of just playing the tape back on the "Contract with America" and comparing 1994 to 2006, Democrats should compare Thomas Jefferson's Declaration of Independence's list of grievances with those against Bush and DeLay (and Co.). Enough with the divine right of President Bush and Republican Congressional Leaders.

Verbatim

"You hear about the big issues we are dealing with everyday on the Senate floor through conventional media. But this morning I want to let you know about an issue we are hitting head on ... the Boy Scouts" -- "Dr." Senate Majority Leader Bill Frist (VOLPAC update email).

um, with Terrorist buying weapons in the US, with more and more Americans without health insurance, the dollar losing value, the economy in the crapper, and Iraq still unstable as Jello in an earthquake, the BSA should be at the bottom of that pile (yes even less pressing than steroids in baseball).

And just to be fair to both sides, he's a money dumb quote from the Hollywood left:

"I so agree with your prime minister that the European Union should not remove the ban against selling arms to China" -- Richard Gere, promoting "Shall We Dance?" in Tokyo (Reuters).

How many different ways do we have to tell actors that we don't care about their politics? When was the last time people were influenced by what Gere thinks we should do policy wise (let alone the EU or Japan)?

Utah agrees with Michael Schiavo

Despite how the Utah Congressional Delegation voted, Utahns oppose such intervention of state's rights and interference of the government in a married couple's relationship:

Dan Jones polled more than 400 Utahns 3/21. He is by far the most reputable and reliable pollster in the state.

Question: "If you were in Terry Shiavo's position, what would you want those making medical decisions to do?"

17% say insert feeding tube, 69% say do NOT insert a tube.

The final say: who decides?

the spouse 73%
the parents 8%
the courts 3%
Congress less than 1%
other 11%
do not know 4%


Nicki Heitz/ Salt Lake City Resident: "When you're married to someone, you tell them a little bit more of what you think than you tell your mom and dad."

Greg Wilson/ Sandy Resident: "As a general rule, certainly the spouse should have the first say."

Intervention of Congress/President?

support 34%
oppose 54%
do not know 12%


Vic Groves/ West Jordan Resident: "I think that it needs to be resolved locally rather than having Congress jump in where they don't belong."

Nicki Heitz/ Salt Lake City Resident: "There's so many other people that are in this situation, and it's hard to know who they should help or not, and I don't think they should be getting into it."

Dorothy Urbom/ Salt Lake City Resident: "I just think they're making it a bigger issue for their own political gain."

Greg Wilson/ Sandy Resident: "If it's just this one case or individual cases, they need to stay out of that kind of thing."

No blood on their hands

Every Good Friday/Easter, I think about the whole "it's the Jews fault that Jesus was crucified" thing, especially since Mel Gibson's movie. To me, Jesus needed to sacrifice himself in order for us to be able to approach God, to atone for our sins etc. The Jews on that day in 30something AD had their role to play in God's preordained plan. I don't think we need to consider them "guilty" of murdering Jesus. After all, Christ willingly gave himself up and knew this was the deal from the get go, even if he had his human moment on the cross ("Father, why have you forsaken me?"). Plus, he came back from the dead right? No harm, no foul.

The story of their guilt, like the story of Mary Magdalene as a prostitute were both means to an end: to marginize and discriminate against Jews and Women in Europe since about the Middle Ages.

I would have to ask some theologian about this, but I wonder if Jesus' body died that day but the Holy Spirit and his essence or what have you was what the disciples and Mary saw. After all, don't you think it was odd that they didn't recognize him? After all, these 13 people had hung around him for years 24/7. You would think they would recognize their Rabbi? No has ever adequately explained that one to me.

On a personal note, we are off to see my grandma, aunt and uncle, and parents for Easter dinner. Have a great day.

PFA fires back

Remember how I said Social Security Reform is dead? Well the anti-tax/pro-business wing of GOP isn't giving up as easily as say, Bill Frist. PFA (for progress for America) a 527 that the GOP launched to boost Bush last fall, have put up ads on CNN (and possibly others, but this is the one I saw) giving viewers ten seconds to name the reform proposals of the Democrats and then saying the Democrats have no solution they are only blocking progress.

Actually, in those 10 seconds I was able to rattle off a few things that Democrats have proposed: removing or raising the ceiling on Social Security payroll taxes, making "personal accounts" on top of social security, a combo of both, linking benefits to need (aka cutting benefits for those seniors who are wealthy pre-Social Security benefits)... So basically, if you are informed, this message doesn't stick, but then again, when you are informed, no spin works on you.

Even if you haven't been paying attention and agree with the ads sentiment--that Democrats are just saying no and have no solutions-- most people think that is a good idea. The vast majority of Americans like social security and see a problem down the road, but no immediate crisis. No bit of slandering the AARP or Democrats will change that.

Why would Congress listen to Bush these days anyway, his approval rating is a stellar 43 percent. I think Americans are having some buyers remorse (but they still aren't sad they didn't buy Kerry). Hopefully, this administration will go the way of their idols, the Nixon Administration, and be forced to resign in shame soon. The parallels are starting to emerge.

Cooking on TV and death threats

So we were flipping the channels this morning and low and behold on KBYU (the LDS-run PBS station, not the U of U-run PBS station) our Caterer, Mary Crafts [of culinary crafts]is cooking Easter foods.

In fact, she is showing how to cook a ginger-orange pork loin that will be one of our entries. Looks like it will be good but our meal may be pretty buttery. Still, she does the classic cooking show fallacy of time lapse. That is what we like about 30 minute meals by Rachel Ray, because she is cooking the whole time, even while she goes to commercial. Crafts' show looks like it was filmed several years ago but still a hoot. [update filmed in 1997]

On more serious note, an insane set of people advocating, and even ransoming, the murders of Michael Schiavo and FL Judge Greer. As my fiancee pointed out, it is extremely hypocritical to on the one hand condemn the judicial rulings as "murder" yet on the other hand to simultaneously call for other's deaths. As others have so wisely stated, this is in inevitable result of the GOP leadership's stoking of their extreme right-to-life base.

Utahns aren't in this group. Sure, they are overwhelmingly pro-life, but they don't think about abortion 10 times a day like some of these wackos in TX, MI, NJ, FL, and other places do. The only time they get relied up about abortion is when they get a mailer or see an ad on TV.

DKos doesn't get Utah and Schaivo consequences

The headline is "DeLay and Schiavo: How's it Playing in Utah?" and cites a Salt Lake Tribune Op-Ed.

While the Trib has recently decided to kiss up to the right wing, they have always prided themselves as Utah's First Independent Newspaper. Despite their resent court battles regarding ownership, it still is true that they are not owned by the LDS church, unlike the Deseret News. If the Des News had condemned DeLay, I would sit up and notice. Still good for the Trib to stick to principles.

Speaking of principles, Schaivo has completely backfired for the GOP except those trying to run for president and want to appease the powerbrokers in the GOP primary (especially in SC) because everyone saw it as a political move and not principles.

So Frist looked like a fool as did the rest of Congress, but the biggest loser in all this is Bush. Not because he signed that unconstitutional law, but because for the past two weeks the media have covered this non-stop and no one is talking about social security. If he hadn't lost already, it is deader than dead now. Plus, I love how he took vacation while Cheney still went through the motions around the country.

The end?

Well this week, and it seems the Schunder's legal avenues of appeal are over. FindLaw does a nice job of collecting all the major opinions, motions, and lawyers beyond this whole business.

Today was pretty light for me because two teachers canceled their classes so I shot a few hoops and worked on my paper (and sat through another dreadfully dull Property class). I am going to celebrate Maudy Thursday this year, let's see how depressing it all is. After Episcopalian practice is the most Catholic of all the protestant religions.

Thank goodness the NCAAs are on and the weekend is nigh. Have a good night.

One less stop on the Terri-Go-Round

Now Terri Schiavo's parents' only options are the US Supreme Court, which has previously declined to hear the case, or more unconstitutional wrangling by the political branches of Florida state government (Jeb and the GOP-controlled legislature). [Since the 11th circuit ruled 2-1 for Michael Schiavo]

In a way, I hope that the Supreme Court comes out strong to lay the smack down on Congress and Florida to tell them that what they are doing violates the Constitution and that the parents need to admit to themselves that they have lost their daughter.

TRO denied, round 21

That's right this morning's opinion (in PDF, thanks to How Appealing)was the 21st written opinion on the case, almost all of which have ruled against Terri's grieving parents.

It is kinda fun to hear on CNN them describing the criteria for a temporary restraining order or to read this opinion and know exactly what they are talking about, like you are some member a secret club-- the club of lawyers. I know, I am a dork.

Now the appeals court has to rule the same way, and the US Supreme Court has to lay the smack down on Congress and the President, and we can all go home and Terri's parents can come to the realization that their daughter has been lost to them for about 15 years, oh and by the way they lost their son-in-law too over all this.

Lacking resolution

For tomorrow's Criminal Law Class with the famous and controversal Judge Paul G. Cassell, he has assigned us to read two chapters out of the book entitled "Debating the Death Penalty" (thanks google print) that he co-edited with a oponent of the death penalty Prof. Hugo Bedau (Cassell is a whole hearted supporter)-- one pro, one con, each by the co-editors.

I have to say that I am disappointed in both sides. I was waiting for these two law professors, one of whom is a federal judge, to convince me that they were right and the other was wrong. Yet all they managed was to make me disbelieve both men and keep to my position that there are a ton of problems with the death penalty, but I still feel that certain truly guilty people who did horrific things deserve a terrible punishment, worse than other "regular" murders.

It seems there is not an out-and-out discrimination/racism in giving the death penalty, but like the SAT, the criteria are stacked against them. Killing a cop is a aggravating factor, and rightfully so. But of course there are more white cops than black cops, there is more likely to be interracial killing that leads to death. It is also more likely that prosecutors elect to go for the death penalty against black defendants than white who commit the same crime. Still the fact that more whites are on death row is an improvement, but more needs to be done to rid ourselves of the racism hidden within our system and in our minds.

Both seem to forget that there are people on death row who have been there for decades and that current fixes do nothing for them unless there is de novo review of their cases, which the 1996 Federal Habeas statute of limitations prohibits. Both have good points for why the death penalty is unnecessary or why it prevents the death of future innocents, but they fail to make the next leap as to why we should wholeheartedly support or oppose the death penalty.

Like Education policy, the statistics used by both sides is specious and both also rely on anecdotal evidence yet critique the other for doing so. Both use emotional arguments but then chastise the other for having no proof other than table pounding.

In short, I now have more things to say about the issue as a result of reading these polemics, but I have not been moved from my "middle position" nor do I think either side was persuasive to those few people who are undecided, let alone ardent pro or con people.

Perhaps this is because Prof. Bedau admits that with each reform to the death penalty to make it fairer-- no mentally ill, no children, extensive appeals, no automatic death penalty, not all murderers, high standards of evidence, competent defense teams, fair judges, unbiased juries, DNA post-conviction statutes, judicious use of executive clemency, etc.-- the window of abolition of the death penalty gets narrower and narrower. The death penalty, he forthrightly reports, is further "entrenched" with each progressive reform.

Likewise, supporters admit that they are deeply troubled and experience anguish with each capital case they try. Yet they still plow forward full steam ahead, confident that it deters, incapacitates, and that every convict on death row got his just deserts.

I implore people from every side to give me their best arguments and to read this book which is now available online via Google Print and Oxford Press. Maybe you can put me over the hump either way.

Terri-able

Those who read my blog probably read other blogs too; so I don't have to tell you the Bush signed a law as Governor of Texas that pulls the plug on people like Schiavo, or that GOP congressmen that are grandstanding also voted to cut Medicare which goes to people in Terri's situation, or other such hypocrisies. I don't have to tell you that the bill they are voting on clearly is a bill of retainer and prohibited by the US Constitution.

So I will just go with my favorite angle of this story: the psychoanalysis of Terri's parents. And there the New York Times as an excellent article that I actually read in print today because I was house sitting for my parents. It feels wired to fold and hold a newspaper nowadays.

...the heightened hope of open eyes, combined with memories of the patient when fully aware, can act to infuse any motion at all with meaning, psychologists say. A limp mouth may look like a concerned frown. A movement of the eyes may make a visitor gasp. Still alive in memory, and still living and breathing in body, vegetative patients seem sometimes to be on the verge of re-inhabiting themselves, like an old actor coming out of retirement to reprise a familiar role.

It is so very sad that their daughter is in a permanent vegetative state, and truly feel sorry for those parents. But I equally feel bad for the husband, whose spat with his mother- and father-in-law have been dragged out on an international stage, and whose wife's wishes are being denied so that extreme Christian conservative groups can talk about the "sanctity of life."

Terri Schiavo as Conversative Prop

Suddenly, GOPers in Congress are asking a woman who can't move or talk (or anything really) to "testify" so that they thwart a Federal Judge's ruling that Terri Schiavo's feeding tube should be pulled.

All these appeals and advocacy campaigns to keep Terri alive costs lots of money, so Attorney Jon Eisenberg wrote an article in the SF Recorder discovering that "many of the attorneys, activists and organizations working to keep Schiavo on life support all these years have been funded by members of the Philanthropy Roundtable."

The Philanthropy Roundtable, he explains "is a collection of foundations that have funded conservative causes ranging from abolition of Social Security to anti-tax crusades and United Nations conspiracy theories. The Roundtable members' founders include scions of America's wealthiest families, including Richard Mellon Scaife (heir to the Mellon industrial, oil and banking fortune), Harry Bradley (electronics), Joseph Coors (beer), and the Smith Richardson family (pharmaceutical products)." All the usual suspects. Terri's parents lawyer Pat Anderson "'was paid directly' by the anti-abortion Life Legal Defense Foundation, which 'has already spent over $300,000 on this case,'"

So why do they care? Is the life of a fetus the same as a comatose woman in their eyes? Why are they trying to bleed Terri's husband dry?

This seems like another thing Conservative activists found that can rile up people to vote GOP against their interest and all logic-- like Gay Marriage, or the Confederate Flag.

Meanwhile, they seem to have forgotten that Terri told 5 different people that she didn't want to be kept alive like this. Her parents can't let go, I can understand that, but these people are taking advantage of their grief and funding this legal grudge match against Michael Schiavo. These conservatives have also forgotten that they care about state's rights, after passing a bill allowing people to sue in federal court if any judge does order to remove life support for such people.

Back in 1996, when my cancer stricken grandfather fell and went unconscious, he had previously asked not to be kept alive by machine. So that is what my family did, after everyone around could say goodbye. I wish that is what Terri's family would do. I wish these super conversative power brokers would stay out of it.

my first job

I would like to write about my spring break, or how my Utes just barely pulled off a victory yesterday, or how I am currently leading in my NCAA pool (its just for bragging rights) with my fellow 1Ls. But it seems the only time I get traffic here is when I talk about Gay Marriage when I shouldn't or defend the DLC. Since I don't know enough about the developments in CA, I think I will go back to DLC talk.

Paperwight and other bloggers of a liberal pursuasion are upset at the DLC once again, this time for "trying to claim Obama as one of their own" when he asked not to be named on the list. And they are also tired on Al From and Bruce Reed pening their annual "secret memo" attacking liberals which gets leaked conviently to all the major MSM outlets and perhaps leads to an editorial on the WSJ. I don't know why it is ever news. Every time I read people's whining about the memo, I already know what the memo says, the same damn thing it always says: Democrats need to get tough and get back in the majority; listening to the far left and kissing up to them won't work etc.

The DLC was founded after a string of blowouts on the Presidential level (not including Carter, who got in basically because of Watergate) they were seeking despirately for a way to make the Democratic party palatable to the majority of the voting public. What they learned is that the far left annoyed/upset/worried those people a lot more than the far right, or at least there were more far right that voted than far left. Thus they sought to make their politicans tough and competitive by having "Sista Soldier" moments, but more importantly by expressing the same Democratic policies and principles in Values-language.

Of course, they also sought to change some policy and certain policy stereotypes, like "Tax-and-Spend Democrats" were to become "Fiscally Responsible Democrats" and Democrats became agents of reform and cutting government "The era of Big Government is over" "Ending Welfare as we know it."

Many bloggers point out that while this strategy worked well for a talented, once in a lifetime politican like Bill Clinton, it resulted in the loss of Congress and teh Democrats have not been able to hold on to the White House since Bubba left the building. As for Congress, there needed to be a house cleaning and some Congressional Dems still need to go. They are what makes it so hard for Democrats to retake control, these corrupt, me-first politicans who haven't had a real race since their first primary. As for Gore and Kerry, both were not charming and bad public speakers, yet they raised tons of money and won about 48% of the vote each time-- and Gore actually had more votes than Bush.

Also, let's be honest with ourselves, Bush is an amazing politican. Who else could have done such a crappy job as president, and had so many things go wrong on their watch and yet get 51% of the vote? Of course he used underhanded techniques and lies to do it, but he still has the keys to the Executive Mansion for another 4 years.

My first real job out of College was working for the DLC and my only regret is that I would have liked to have been given more responsibility. Staffers there of my generation doubted that the War in Iraq was necessary, that there were even WMDs, we pushed our bosses away from Joe Liberman and towards Edwards, Kerry and later Clark (I talked him up but people had trouble listening until he entered). We were a fairly diverse, left-center, bunch that had fun at our jobs.

As I said in the comment section, the DLC is more than just Al From and Bruce Reed memos, as much as they would like to think to the contrary. It is about the idea that Democrats need find a way to make their platform appeal to the majority of people that actually vote, and not just people like Sean Penn or the editoral board of the New York Times or The Nation. About 50-75 people work at the DLC, off the top of my head, there about 4 people I know that actually do the Dem-bashing that gets them the media attention, the rest of the employees work hard to expand the network of elected officials, develop policies and language that will pursuade voters that Democrats can keep them safe and be good stewards of their tax dollars etc. Most of the members of the DLC, the electeds, the interested citizens, yes even the lobbyists, don't sit around bashing Democrats. The only one I can think who does that regularly is Joe Liberman, and everyone who reads this blog regularly should know what a low opinion I hold of him.

The bloggosphere seems to have a need for a boogeyman to vent their frustrations out about the futility of the Democratic party since 2000, but I think the MSM seems to be all you really need and all there really is. If it weren't for the MSM trumpting those stupid memos and ignoring all the great slams against Bush, we wouldn't be having this conversation. If people like Bob Novak weren't considered "journalists" instead of horrible political hacks with no concept of truth and honor, then we wouldn't be in this mess. Why are these people given equal standing with a real writer of stories? Why do we read about California murder trials of famous people while we ignore torture, corruption, ethics violations, and propaganda?

Keep your eyes on the prize folks. The DCCC is starting to base its 2006 campaign around corruption and reform, they are finally listening to us. Focus on things like this, and stories that fall through the cracks, not some insider memo crap that From and Reed write.

the noose is tighening

around Tom DeLay's neck. I think he can feel those stray strands of rope scretching at his jugular.

After being admonished three times by the old Ethics Committee, DeLay has instructed his staff to help the Committee "get to the bottom of this." "We want to work with the ethics committee..." he said. Why the sudden change? Well he got rid of the chairman who admonished him and another Republican replacing them with two guys who got $50,000 from DeLay-associated PACs, so I am sure they will be unbaised and neural.

DeLay, a former bug exterminator, came to DC to get Washington off the backs of small businessmen and to make the federal government smaller. Yet a few years ago, when asked to smoke his Cubans outside a resturant, he refused. The waitress politely pointed out that smoking there was against Federal Law. In response, he said "Lady, I am the Federal Government," forgetting of course, the other members of the House, the Senate, and oh yeah the President of the United States.

The Washington Post has been following up on the latest scandals that have DeLay in hot water, let's look at the handy chart:



If the man was ever pure in his motives when he first left for Washington, DC and the lure of power has corrupted him beyond recognition. Those crooks that the GOP rallied against in 1994 are now themselves. It's time to throw these bums out too.

Greenspan: dishonest political hack

My quote of the day: "I look back and I would say to you, if confronted with the same evidence we had back then, I would recommend exactly what I recommended them," he continued. "It turns out we were all wrong."--Alan, on supporting Bush's 2001 tax cuts (via the Times).

Actually, lots of people pointed out that these tax cuts were a bad idea that that they wouldn't help the budget let alone the economy.

First that, then he supports the privitization of Social Security. I wonder if he even hears what he is saying to ensure that it passes the laugh test.

I can't wait til Greenspan is put out to pasture. Its time for a Fed Chief who is non-partisan. Its too bad Clinton fell for the guy.

bloggers v. DLC, round who cares

Liberal bloggers, reacting to the dumb pro-Lieberman move of Marshall Wittman on BullMoose Blog and the Nation's silly slam on DLC, have decided to renew their attack on the organization based on the New Dem Directory.

As someone who helped make the 2003 New Dem Directory and "100 to watch," I have to say both have it all wrong. This lists are consist of people who either 1) do everything with the DLC and agree with them on almost everything or 2) have attended DLC events and seem receptive to the DLC message but haven't necessarily enacted DLC ideas or supported DLC positions or 3) are rising stars at the state and local level whom the DLC would like to have join the organization while they are still state senators instead of when they are US senators (like Obama). In fact, if you look at the 2003 100 to watch, you will see that other IL 2004 candidates besides Obama were listed on there, so that the DLC could have a future senator on their list and play it safe.

Any political organization tries to spread its influence and increase its membership. If you can get state and local politicians to call themselves New Democrats before they join Congress or become a Governor, so much the better for the organization. Plus, it is usually easier to rope in lower level politicians who are looking for the connections on the national level that the DLC provides. The political department tries to reward loyalty, punish straying from the organization's core principles (pro-trade, pro-charter school, etc.), increase turnout at events, increase perceived power and influence, and influence the next round of political leaders.

After naming people to these lists, it is often times good local press for these folks but it doesn't automatically mean the people from category 3 will join; in fact, the results are mixed. It isn't that the DLC "needs him" it is just that they would like to have Obama, like any Democratic group would.

Obama may be playing to both sides here. Once in Washington, he has done much to disappoint liberal bloggers, who expected him for some reason (he was endorsed by Howard Dean, he had some liberal code language) to be one of their own. According to the DLC, he is a member of the Senate NDC. Look at that list, and see if, other than Obama, any other Senator's name seems out of place. So either some one at the DLC forgot to update the New Dem Directory (which happens, I have made that mistake), or he is a member of the Senate NDC. Under Graham's reign, the organization in the senate was a disaster, with people claiming to be on it but no real group action. I don't know if that has changed, but I doubt it has improved.

Likely what has happened is that Obama wants to be moderate on some issues, more liberal in others, and doesn't really fit into either the DLC or the Wellstone box. So he does what any good politician does, and plays it both ways.

Sure the DLC needs to avoid bashing democrats until it is very inside baseball, but I am sure it is tempting to get all that attention. Trust me though, they hate it. During the DLC's 2002 National Conversation, Lieberman hogged the media coverage of the event by bashing Al Gore's 2000 campaign strategy, prompting editorial wars and glossing over the fact that we had many of the 2004 and 2008 candidates show up and speak to DLC members (Kerry, Hillary, Edwards, Gephardt, Lieberman, Daschle, and Bayh) and that Hillary got the biggest applause of all of them (most of her speech was Bush bashing). It is only Al From and Bruce Reed that seem to ocationally enjoy the bashing of lefties (and Marshall Wittman as well, but I don't really consider him a Democrat as much as a reformed GOPer).

Brr

so I got so excited about my spring break and the last few days of warm weather that I packed up all my wool sweaters and parkas, like I said before, but today is was pretty windy and cold.

This morning I researched post-conviction statutes for Wyoming and Nevada for the Rocky Mountain Innocence Center. We are trying to come up with ideas for how to get around their lack of DNA statutes. On our week off, 3 of us still came and I was glad for it because our supervising attorney is a great guy and we have lots of fun while we are doing this.

At the law school, I got out my giant Constitutional law textbook which weighs like 20 lbs. to fix up my outline and read for next tuesday. Sometime I have set aside 3 hours to take this practice test that ex-boss from Rep. Matheson's office (now a 2L) cooked up. Fun stuff. Maybe tomorrow, and add the fun of doing property, the hardest class for me.

For my friend Thomas, it is just the opposite: Con Law to him seems boring and hard, while Property is interesting. Then again, he wants to do Tax law and was an accounting major (while I was International Relations). Plus, he is Clarence Thomas conservative and I am definately a member of the Bush v. Gore minority.

I should turn on the heat in here, its freezing.

ring shopping

So today we went to O.C. Tanner and looked at wedding rings. I used to like my hands, but they looked so long and pasty against the rings. I really need some vitamen D and sunshine. I got so excited about my spring break and the warm weather this week, putting away all my sweaters and parkas into the storage bin and getting out my shorts and polos, but it looks like next week won't get above 50 degrees. So much for that.

It sure is scary these days to be a judge, now I know why the guards in the Matheson Courthouse made me take my leatherman off my keychain and leave it outside. The more one reads about this Nichols in Atlanta, the scarier he sounds. Since yesterday, he killed 3 people (a FBI agent, a state judge, and a court stenographer), severely injured another (court officer), held a woman hostage, stole 2 cars, and was on trail for rape before that (he took his girlfriend hostage for 2 days, threating to kill her and her family if she told anyone about the rape). This guy's going to get the death penalty, and I am sure Bush is going to fight to be the one to kill him rather than Georgia, where the case rightly belongs.

Hatch afraid of Matheson?

National Journal's "On The Trail" ranked Orrin's seat as 33rd out of 33 in terms of endangerment. The reaction? Sen. Hatch's campaign manager Dave Hansen: "I just hope Congressman (Jim) Matheson (D-02) takes a look at this and gets the idea that staying in the House where he will most likely be re-elected is much preferable to running against a 'sure winner' and ending his political career."

Like LaVarr Webb, I seriously doubt that Jim will run against Hatch or Bennett. Even in 1992 when Bennett's seat was open, then-nominee/ex-Rep. Wayne Owens (D) did not win. "That may be a long wait, but he's young and patient." The other money quote? "Matheson is a terrific campaigner, but it would be foolish for him to take on Hatch." I don't know if I would say foolish, but highly risky and unlikely.

Has Dave Hansen being hearing things I haven't? Why go yap to the press about this?


And then there's Paul Sarbanes, who after finally getting a important piece of legislation passed, is retiring. I hope Duncan and O'Malley reach a gentleman's agreement on who runs for Governor and who runs for Senate. That way, there won't be a clash of the titans. It seems like Ex-NAACP pres./ex-Rep. Kweisi Mfume will battle out the black vote with Rep. Al Wynn (04), who tried to block campaign finance reform and who's own wife campaigned against him along with CBC chair Rep. Elijah Cummings (07). Ambitious little twerps like Rep. Chris Van Hollen (08) will run and it will be like the 2004 Democratic Presidential Primary.

MIA

sorry for the long gap in posting. My laptop's harddrive suffered a mortal blow yesterday, I have been working with techies from the Law School, the bookstore, and Dell to try to fix it. It seems like a new one will need to be shipped out soon to replace it.

Unfortunately, there is almost no way of recovering the data in a timely matter. So all of last week's work is gone. Word to the wise: backup as much as you can as many places as you can, esepecially if you use a laptop. So yesterday I spent rereading all of last weeks stuff for 2-3 classes and retyping my notes. Worse yet are my outlines, Property, and my Methods paper which I had just reworked over the weekend into something to be proud of. Oh well. Good thing also Spring Break is coming up so I won't get too far behind. I wonder if I will get dumped on like I did for Fall break. So far so good.

Last night was our first basketball playoff game but the other team was a bunch of stoners so we just ended up playing against ourselves since they didn't show. Tonight we face another team, then if we win this, the number 1 seed. But I think we have a good shot to win the whole thing this year.

believing it wholesale

The mainstream press is so pathetic sometimes. They don't even bother to read the crap the GOP gives them, or even a critcal eye. There is an article today in the Knight-Ridder news service, which means hundreds of local papers (which are read a lot more than LAT NYT WP WSJ etc.) have picked this up off their wires and placed it somewhere in the A section.

Here's the telling graph:

A poll released Wednesday found that those ages 18-29 — the only age group that solidly supports Bush's idea of using their tax money to fund private retirement accounts — is also the only group whose support for the idea has increased in recent months, although by a statistically insignificant margin.

A statistically insigificant margin is all Bush can hang his hat on these days, yet the article goes to great length about how the GOP sees this as a way of ensuring a majority politically for decades to come through their "support" among young people, who by the way voted overwhelmingly for Kerry if they showed up at all last November. Why would people my age support such an initiative? Because we have been told over and over again that it won't be around when we turn 65, so why would we care what Bush does with it? We might just come out ahead, the thinking goes, something is better than nothing.

But I bet if you asked young people who voted for Bush why they did so, they might talk about terrorism, about taxes, about moral values and character, but never would the words "Social Security" pass their lips. Sure, it sounds like a good idea to them and other young people, but it is not something that will ensure GOP dominance for decades to come.

I think Bush needs to look himself in the mirror and admit that 1) there was no mandate and 2) his social security privatization plan won't even come up for a vote this year or next year.

Huntsman focused on problems real and fake

Scanning the headlines from today's Salt Lake Tribune, I see a mixed bag from Gov. Huntsman. First the good: the state recognizes reality and the best way to save money: stick it to Big Pharma's profits.


Utah will be joining Maine's bulk purchasing program and creating a list of "preferred drug list" saving the the Beehive State $1.4 billion.
"It won't be a fixed list, like a formulary. So if an individual needs a certain medication, we can grant an exception. But we believe a lot of expensive drugs are prescribed unnecessarily," said state Health Department Director David Sundwall.

With ex-Governor Mike Leavitt heading HHS, I doubt the feds will interfere.

On to the bad: The governor is enjoining a suit to reopen a road in Canyonlands National Park that weaves around one of the biggest sources of water in that parched part of te state.

Of course, the Bush administration is for it too. Anything so that fat people can drive their Hummers up to Angel arch.

A federal judge ordered Salt Creek closed to traffic in 1998 in a ruling in a lawsuit brought by Southern Utah Wilderness Alliance, which pointed to damage caused by vehicles. But the 10th U.S. Circuit Court of Appeals in 2000 ordered the court to reexamine the record. Then last June the Park Service closed the road because of damage.

The next day, San Juan county found an obscure 1866 rule to claim broad rights-of-way across unreserved federal lands, arguing that the road predated the area's designation as a national park. The entire state of Maryland used to belong to the Earl of Baltimore, but you don't see his relatives trying to claim the right of there do you?

Now I like the idea of the feds working more closely with the states and local community when it comes to land and land use, and I don't think locking land up forever is a good idea everywhere. But this is a national park, not some random BLM land out in the boonies.

If the state offered money to make it a real, paved road to protect the surrounding environment and kept off-roaders on the asphault, then I would feel a bit differently. I love the land down in Southern Utah, I have been 4-wheeling on slickrock and dunes before and it is fun, but I don't think those things should be done in national parks.

Congress has designated these lands as protected and the President and the states don't have the right to undermine the will of the legislature through stuff like this.

The abortion fight that never was

According to PoliticsPA, ex-Treasurer and ex-GOPer Barbara Hafer has decided not to run for Senate in 2006, nixing an all out fight over reproductive rights in the keystone state.

According to his press release current Treasurer and son of popular ex-governor Bob Casey Jr. (D) "said today that he will run" for the seat, and "will make a formal announcement of his candidacy at a later date." Citing trade and health care policies, Casey said DC GOPers "views the results of the November election as a mandate to increase the speed and severity of their push to undermine policies that protect middle-income working families. Their actions since the election played a large part in my decision to enter the Senate race. ... As Senator, I will fight everyday to put middle-class families first. ... I will fight to protect and strengthen Social Security and will oppose any privatization plan that cuts benefits, requires massive borrowing from foreign countries or does nothing to improve the solvency of the Social Security system"

Notice no talk of Abortion, as Casey is pro-life. To Rendell and co, this would be primary battle would have been a nasty one. EMILY's list had already sent up operatives to PA and about to raise money and have staff for Hafer. The one thing I really dislike about EMILY's list is that it effectively makes all their candidates seemingly one-dimensional. They are good at raising money for democratic women who otherwise went ignored pre-blogs, but I think women candidates should be considered much more than being just pro-choice and/or democrats.

Lest we forget, longshot ex-campaign strategist current-Professor Chuck Pennacchio is running in the primary as well. He is running a grassroots/netroots campaign, AKA he is kissing up to MyDD and others hoping to get some cash and recognition. Best of luck.

I wonder what Barbara got in return for not running against Casey? The promise of appointment to the Treasurer's job if Casey wins? A spot on the ticket as LG?

Meanwhile, the pro-choice zealots will now move on to their next intramural battle for 2006 senate race: Rhode Island and Providence Plantations. Rep. Jim Langivin is being recruited by Sen. Schumer to run against Sen. Chaffee. The other Congressman from RI, Patrick Kennedy (son of Teddy) realizing he was too young and too dumb, decided to pass up this race. RI is 80 something percent Catholic, who are at least nominally pro-life. Personally, I believe in challenging incumbents with the best your side can offer.

If Democrats regain control of the Senate, their won't be votes on Abortion to worry about how these guys stand. Bush may nominate anti-Roe judges in his last two years, but Democrats can quash these nominees in the judiciary Committee and keep Jim and Bob off those committees. So cool your jets EMILY's listers.

heading for the hills

The blogopshere is most effective in times like these, where the media is only semi-focused on politics. This is where an effective push on groups like USA Next, and issues like Social Security work in our favor. Being hyper technical and the press being hyper lazy, they look for press releases and little summaries. The blogosphere provides these through the prose posters provide for their readers. Plus, there are people like Josh Marshall who won't let go of an issue and tracks stuff that the media doesn't care about.

It's only March and it seems like Social Security "Reform" is doomed at least for this year, the mainstream media have picked up on the Glannon story, etc.

We even have Tom DeLay running scared in his district. He won with 55% of the vote by a candidate funded solely by the Blogosphere. He is now taking time out to campaign in his new district instead of raise money for more candidates or the GOP committees. Hopefully he will be in jail soon and we will have 1994 in the reverse in 2006.

The blogosphere also completely out manuvered Washington establishment types like ex-Rep. Tim Roemer and even Pelosi and Reid for the DNC chairmanship.

Keep up the good work folks, we got them all right where we want them.

read the fine print

that was the first lession I supposedly learned in law school. To read everything I signed and make sure that the contract wasn't crap first. Yet I still got snookered today thanks to Yahoo! and Baskin-Robbins.

The fine print in question said that my "free scoop of ice cream" was limited to the first 300 servings at a participating store, or "while supplies last" which ever comes first. Meaning, on a random tuesday B-R could claim they are all out of ice cream when you walk in with your Y! coupon. Or they could just put up a sign saying they maxed out on their scoop quota, like the one I went to did.

Happy birthday indeed, Yahoo! So to spite them, we went to squirell brothers, which used to be a Snelgrove's chain but lost its franchisee lincense for doing atypical things and decided to stick it out. But the man at the counter was too busy flirting with two girls, so we went to B & D Burgers (for Big and Delicious, of course) and got ourselves a "oreo and peanut butter" milkshake. Turned out it was oreo, butterfinger, and whole peanuts and vanilla soft serve. oh well, it tasted good, but made me thirstier than a Camel in the middle of the desert with his humps all used up.

Oh and while I am at it, Alias is a show I have been watching since about it went on, but I deeply dissipointed with this season. Since "lost" has been such a sucess, JJ Abhams has seemingly devoted all his time to it and lest Alias for dead. Every episode is in its own bubble with excitment but no continuous overarching storyline. Bring back the Di Vinci/Nostadamus guy stuff, back to the cliff hangers, more Sark! Everytime a writer works two shows, one always suffers, like Ally McBeal and The Practice (now Boston Legal) and later Boston Public...what is it with Boston?

juggling

So right now I should be 1) doing my hundreds of pages of reading 2) revising my mock appellate brief 3) writing an article about my Pro Bono experience that goes out of 400-500 people 4) interviewing High School students for Brown 5) writing up those interviews and sending them to Brown 6) helping out with the wedding 7) playing basketball twice a week with my 1L intramural team 8) working on my outlines 9) going to my grandma's birthday party....OK enough whinning. I am just feeling a bit behind in just about every catagory.

Duncan Black over at Eschaton is going after my DLC friend Ed Kilgore, basically for not going with the Liberal line that DLC=Lieberman and Lieberman=GOP-lite. We all know Lieberman is a conservative, pro-business Democrat who WAS the chairman of the DLC in the late 1990s and who ran the Democratic majority into the ground in 2002 and decided to follow that up with an equally embarrassing presidential run in 2004. Now it seems that Lieberman wants to make himself a dealmaker extraordinniare on Social Security. He is even risking a primary challenge funded solely by liberal groups and bloggers who hate him.

My problem with Joe, as I have said many times before, is not his politics, (as much as I dislike his holier than thou attack on Hollywood, they do need to curb the glorification of violence) but his tactics. He thinks he is being diplomatic, being senatorial, but all he does is fuel the GOP fire.

There is no compromising with this White House. They won't play nice back with you, they see it as a weakness to expoit. They need your vote, Joe, but use moderate to conversative Democrats like tissue paper. Haven't you learned from 4 years of this crap? I guess not.

No more death penalty for 16-17 year olds

So says the US Surpreme Court in Rooper v. Simmons today. This was a topic that I have mixed feelings about and especially when it comes to teens who do really terrible wanton acts.

Justice Kennedy really gets to write all the big opinions of late on social "wedge" issues. First it was Lawrence v. Texas (eleminating sodomy laws), now this case. In both opinions, he has writen marvelously and actually semi-convinced me of his arguments by the end. Especially amazing to me was that we are the ONLY country that has the death penalty for people under 18, and that the US and Somolia are the only ones to not sign the UN treaty on the rights of children (which come up during Bush I's term, so it was us and the warlords we ended up fighting in 1993 for death penalty for minors). Naturally, Kennedy pointed out that many states have banned the practice (30 or so including the "no death penalty at all" states)

Justice Scalia of course, was miffed at the mentioning of international law and other countries. But what really gets him the most is Gingberg and Stevens' concurring opinion where they state:

"Perhaps even more important than our specific holding today is our reaffirmation of the basic principle that informs the Court's interpretation of the Eighth Amendment. If the meaning of that Amendment had been frozen when it was originally drafted, it would impose no impediment to the execution of 7-year-old children today. See Stanford v. Kentucky, 492 U.S. 361, 368 (1989) (describing the common [*63] law at the time of the Amendment's adoption). The evolving standards of decency that have driven our construction of this critically important part of the Bill of Rights foreclose any such reading of the Amendment. In the best tradition of the common law, the pace of that evolution is a matter for continuing debate; but that our understanding of the Constitution does change from time to time has been settled since John Marshall breathed life into its text. If great lawyers of his day -- Alexander Hamilton, for example -- were sitting with us today, I would expect them to join JUSTICE KENNEDY's opinion for the Court. In all events, I do so without hesitation." ROPER v. SIMMONS, 2005 U.S. LEXIS 2200

I like the idea of the constitution as molding to our times to some extent, yet I think we shouldn't stretch the 18th century document completely out of the Founders' intentions without an amendment. Like the the 2nd amendment, what does that mean? Well I would look to what they said at the time about it and history etc around it, not in light of modern-day guns and school violence.

On a side note, I welcome back my college friend and groomsman (there is no best man FYI) Anthony to the Blogosphere. He is a Linc Chafee GOPer, meaning socially liberal yet fiscally conservative/libertarian. Oh and Brandon a co-college friend and groomsman is also joining the Blogoshere, welcome to you too.

Quote of the day

"Certainly Respondent does not intend to argue here that, just because the President states that Petitioner's detention is 'consistent with the laws of the United States, including the Authorization for Use of Military Force' that makes it so. Not only is such a statement in directcontravention to the well settled separation of powers doctrine, it is simply not the law. Moreover, such a statement is deeply troubling. If such a position were ever adopted by the courts, it would totally eviscerate the limits placed on Presidential authority to protect the citizenry’s individual liberties."--
Padilla v. Hanft, ___ F.3d ____ (D. S. Car. February 28, 2005).

Finally, some one looking seriously at the Bush administration's line of reasoning and laughing it out of the courtroom. Judge Henry Floyd, you rock my world. He was even nice enough to give the Administration 45 days to take action. After all, he was only confirmed 09/22/2003 by a GOP controlled Senate and appointed by Bush for a district court in one the most conversative states in the Union. Still, I am guessing that Floyd won't be getting a christmas card or invite to the White House this year.

FYI here is what Bush's lawyers argued:

Even if there were any doubt about whether the AUMF [abreviation for the congressional resolution that authorized the War on Terror]encompasses combatants seized within the United States, such doubt would be resolved in favor of the President’s determination that Congress did in fact authorize petitioner’s detention. President’s Order, Preamble (declaring that petitioner's detention is 'consistent with the laws of the United States, including the Authorization for Use of Military
Force'). Respondent's Opposition at 26.

They must really believe their own spin, eat their own poop, drool over their own press releases. It is so facist to think that whatever the executive says IS the law. We are a nation of laws, not men, and certainly not of men like George W. Bush and his pals.

Oscar thoughts

I thought it was better this year, really moved but there were no real surprises. Gone were most of the sanctamonius speeches, except for the phony-seeming thanks to the troops crap. Really, if Hollywood wants to look good, they should cut the montages, speeches by the director of the Academy, lifetime achievement guy, and just show some clips of stars on USO tours (especially Robin Williams). Oh and cut the songs too, unless you have Beyonce sing all of them, since she is so great. But lose Andrew Lloyd Webber and write some good songs next year.

Poor minor awards winners, they had to either all stand firing squad style on stage or sit in their seats and walk two-feet to a mike to speak. Still an Oscar is an Oscar. I used to like seeing little clips of the movies while they walked up.

Some of them must of really been drunk, like Dustin Hoffman, who slurred all the words for Best Picture and hogged the show from Babs. And the Country Crows, who's heart wasn't in singing this song again (I love their first two albums by the way).

Oh and for the love of humanity, get rid of Joan Rivers and the rest of the vaccuos people that interview celebraties on the red carpet. Laura Linney was trying to say something important about Human Sexuality and Dr. Kinsey when the interviewer said "you look great, who's dress is that?" As if he was really saying, "Damn it, stick to the talking points that your publist gave us!"

Oh and the next time a song is by Hispanics or other groups, don't do what they did this year or in the Sidney 2000 closing ceremonies: look there's all the famous people of this national origin idiots in middle america would recognize. The winner of the Che song did an awesome a cappella that made you wish had had sung it.

That's about it. Oh and what happened to the best custume fashion show? That was a funny experimnet.

Pundits: not worth a cent

"I think she's being advised secretly by Bill Clinton." -- NYT's Bill Safire revealing that Hillary Clinton may talk to her husband about politics, "Meet," NBC, 2/27.

Gee, how did you figure that one out, Bill? Which inside source did you have that a husband and wife whose whole marriage started around politics (and some would say only exists because of politics) would talk to each other about politics? What a moron. I guess this at least a fact, instead of his endless Hillary ramblings or other crap he puts in his column like his thoughts on grammar that pass as authoritative.

I am tired of hearing about who they think will win. After all, Chris Mathews showed how they were 100% wrong about Howard Dean and John Kerry. I am glad that I don't listen to them anymore. What a waste of time.

Now I should get to studying Property, which I really don't get. Why does it have to be so archaic and confusing?

WRITOFF

That was the vanity plate of the bright yellow Hummer H2 in front of me today on South Temple and 7th East. My first thought was, "that is disgusting." Then I grew to respect the man's (I am sure it was a man) honesty and not pretending he bought the car for any other reason. Thank you Tom Delay. I am sure this guy is using his Hummer for "business purposes."

You know, my Dad's cousin used this same loophole to buy himself one of those BMW SUVs, what are they called the X5? Something like that. This guy's wife, I believe I told you before, voted for Bush "because he made her feel safe." Not that it mattered in Utah, where 71% voted the same way, but it is basically why Kerry lost. He didn't get enough moderate married women to trust him with national security. And don't get me wrong, these relatives are very nice and the wife has even offered to hold a bridal shower for us sometime. Although I have no idea what we would do there and whole concept of me being at a "shower" wierds me out a bit.

Speaking of wedding stuff, we went to Pottery Barn today (one of the places we are registered, hint hint) for a special morning bridal thing they were having. No, I wasn't the only guy there. It was 3 couples and a mom and bride including us and like 8 salespeople. I really hope that people had canceled because all those bored sales people orbiting us was insufferable. It was nice to have the store all to ourselves and to get some fresh fruit, juice, and a taste of a wedding cake for free, but I am glad we left after an 45 minutes or so of combing the place repeatedly to make sure we had scanned every last thing we could possibly want there. They had allotted 2 hours for us.

After that, we tried to go to Costco, but they open at 10 on Sundays, so we cruised 3rd West and 21st South until I found a place that served coffee that wasn't a Burger King or Seven-Eleven. Sconecutter was our stop, which was open 6AM to midnight every day. So we got a scone and coffee and I reminisced about how much I used to love the joint when I was in the single digits.

Costco as usual was fun; by the time we got out of the store at 10:45, the parking lot was already full. What an amazing place, they must make a killing every weekend. And I must compliment our "boxer" whose name I didn't catch, he neatly packed all our things into 3 boxes in like a minute, very impressive.

Well, its back to working on my mock appellate brief for legal methods. If you are ever fired/discriminated against because of your religion in the 10th Circuit, you might want to read it. Otherwise, only if you like to be tormented.

The FDA is broken

About a third of the people voting on whether to reinstate drugs like Vioxx have industry ties (AKA used to work for them). Reinstating a drug, especially one like Vioxx is highly political and highly subject to bias.

The Times reports: "If the 10 advisers [with Big Pharma ties] had not cast their votes, the committee would have voted 12 to 8 that Bextra should be withdrawn and 14 to 8 that Vioxx should not return to the market. The 10 advisers with company ties voted 9 to 1 to keep Bextra on the market and 9 to 1 for Vioxx's return."

I really is disgusting to see such naked corruption. My doctor sister tells me stories about those drug reps who go into hositials and conventions and try to sell the drugs to MDs via freebies, sexiness, and maybe its clinical value.

The system is broken, and I don't trust the overly corporate cozy Bush administration to fix it.

The honeymoon is over

It seems like people in California realized that they have a Republican bodyguard for a governor. Arnorld's approval ratings are now 55%, which would be a gigantic mandate for George W. Bush but is an all time low for the Terminator.

And now there is more bad news for Arnold: "The Field Poll found voters approve of the idea of a special election 51 percent to 45 percent until they're told it would cost $50 million to $70 million. Then they oppose it more than 2-to-1 — 67 percent to 30 percent."

And my friends, the Field Poll never lies, it is ALWAYS right or the closest to dead on of any of the polls.

More interesting for me is that "The plan to take redistricting away from the Legislature and give those duties to a panel of retired judges was supported by 48 percent of voters and opposed by 40 percent." It might just pass, yes!

I think California is a prime example of how uncompetitive races can be if you get your computer programs right. I hate redistricting, but I don't think a special election is necessary. Let those incumbents sweat it out until November 2006.

vocab quiz

That's all that property really is, an elaborate method of confusing law students and clients so that law professors and lawyers can keep raking in fees and screwing people over for something they should be able to do by themselves.

If we stopped using terms from the 14th century, maybe more of this would make sense.

On a semi-related topic (at least in my crazed mind) those taped coversations with George W. Bush reveal to me that our current president is very smart/clever indeed. All these stupid things he says are done on purpose so as to build up an image of a "regular guy," especially amoung Southerners. After all, Bush is about as elitist and east coast establistment as John Forbes Kerry, but Kerry only speaks in Senate and Bush speaks in fake drawl. Look which one worked.

Quote of the day

"This notion that the United States is getting ready to attack Iran is simply ridiculous. Having said that, all options are on the table"--President Bush today.

Trying to have it both ways again George?

Draft Condi?

One of the weirdest and funniest things to me is conservatives' obsession with Condi Rice as a political candidate (before Arnold, they wanted her to run for governor in her native California). Sure she is good at lying through that big gap in her front teeth, and sure she is loyal to Bush, but what else does she have going for her? Being a black woman? Ask Carol Mosley-Braun how that worked out. Other black GOPers haven't fared so well, like Clarence Thomas (laughing stock of the supreme court), Colin Powell (laughing stock of the international community) and JC Watts (what ever happened to him?).

Condi's in love with GW, and that is about it. She's been dead wrong on nearly every call she's made in the White House, and incompetent to boot. If GOPers really think this is their best match-up to Hillary in 2008, we are going to win in a walk. [as is Hillary in 2006 in NY: she has 69% approval ratings, 49% among GOPers]

Among the highlights of the 32nd Annual CPAC [Conservative PAC] event was a WH '08 straw poll conducted by GOP pollster Tony Frabrizio and his firm. Rudy Giuliani came out on top with 19%, narrowly edging Sec/State Condi Rice at 18%. Rice was the beneficiary of "intensive campaigning by her supporters, who donned 'Draft Rice in 2008' buttons and stickers. Bill Frist tied for third place with George Allen and John McCain at 11%. Other GOPers on the ballot were Newt Gingrich and George Pataki. [American Conservative Union] ACU pres. David Keene said it was significant that no candidate topped 20%. And Keene emphasized that the question to CPAC participants was not who do you want to be the WH '08 GOP nominee, but who do you think will be the WH '08 nominee. Giuliani is "not considered conservative."

MSGOP's Scarborough: "I have got to tell you, again, I've been to CPAC before. These are the true believers. They drink the Kool-Aid" ("Scarborough Country," 2/21).


The Draft Condi Rice for POTUS folks were all over the CPAC conference, telling anyone who would listen that they were a serious organization (registered as a 527, no less) and that they were starting radio ads on 2/18 on every Clear Channel [read: Republican] station in IA. The folks at Americans for Rice-Dot Com have posted their 15-second radio ad. Full transcript:

ANNCR: "AmericansforRice.com is the website for the 527 organization dedicated to electing Dr. Condoleezza Rice President in 2008. AmericansforRice.com is not approved by any candidate or party. Visit AmericansforRice.com today."

In addition to the radio spot, one can download a rock song ("Condoleeza Will Lead Us") supporting Rice for just $.99 (Hotline reporting, 2/18).

AmericansforRice.com's Crystal Dueker, on their reception at CPAC: "And there were about 30 young women who came up to me, basically as a group, and wanted to get the campaign buttons, they wanted to get the bumper stickers"

Maybe they wanted them as memorabilia. I once thought of getting a Kuchinich sticker or a Braun button, but I would have never voted for those clowns.

Ranking the Presidents

In honor of the holiday which keeps me at home instead of in class this Monday I thought I would rank the presidents.

BEST

1. Lincoln: kept the border states from leaving, won the bloodiest American war, freed the slaves, had a crazy wife, and still managed to lead in tough times.
2. FDR: lead us out of the Great Depression, won WWII (at least with against the Nazis), created Social Security and many other New Deal programs.
3. Madison: saved the US from destruction at the hands of the British, Dolly risked her life to save Washington's portrait, created national pride and indirectly the national anthem.
4. Teddy Roosevelt: took on big monolopolies and other robber barrons, fought in the Spanish-American war. Downside: he named Taft his VP and ran as a "BullMoose" in 1912, ensuring Wilson's victory.
5. Kennedy (vis vis Johnson): his death and vision laid the foundation for most of what Johnson actually accomplished including the Apollo mission and Civil Rights.

WORST:

1. George W. Bush: plunged us from surplus into deficit, reversed safety measures and other sound policy to reward donors, ignored Al-Qaeda until it was too late, bungled the war on Terror, started an optional war and bungled that too, allowed a gay prostitute into the white house to ask slanted questions, organized a propagana effort that would make Kim Il-Sung blush. Plus: Signed McCain-Finegold, but then again he never vetoed a single bill.
2. Nixon: showed what the framers were worried about with tyranny and blind lust for power, started illegal wars in Laos and South America. Plus: signed bills keeping cigarette ads off TV.
3. Grant: twiddled his thumbs while the temporary progress in civil rights for blacks was underminded, a setback that would last a century. He also was ignorant of scandals going on all around him. plus: signed feckless anti-lynching bill
4. Andrew Jackson: personal slaughtered and promoted the genocide of hundreds of thousands of Native Americans in the biggest corrupt land grab of American history, destroyed the bank of US and set back commerce for decades.
5. Coolige/Hoover: sat around while the impeding/imploding doom of the Great Depression came.

HONERABLE MENTIONS (good and bad):

Washington: first president, walked away from life tenure to create the office. But was ineffectual to the growing partisan divide in his own cabinet and the nascent country.

Reagan: Conservatives love him, but do they know he raised taxes, unleashed homeless people upon our streets in the form of the mentally ill, was good pals with Saddam Hussien and Augusto Pinochet (at least his allies in Honduras), picked easy victories against weak dictators, funded and armed the Proto-Tailban in Afgahnistan, balloned the deficit, and was senile towards the end?

Clinton: Is the most talented and brilliant politican of our time and arguably the best American in these fields of all time. But couldn't make a decision promptly, couldn't control his desires, and tried too hard to please everyone-- leading to the 1994 debacle which cost the Democrats the house for at least a dozen years. On the other hand, he figured out foriegn policy by 1996 and created the environment for the longest lasting boom in American history.

Jefferson: bought 2/3s of this country from cash strapped France at a great price, promoted exploration and learning, pardoned those emprisioned by the Alien and Sedition Act. Minuses: the author of the Decoration of Independece fathered mullato children via his slave, never freed them like Washington did, and was deeply in debt from his Clintonian overexuberance.

Wilson: his 14 points presaged World War II. His arguments to the French and British, though they feel on deaf ears, where dead on. He stupidly hung his hat on the League of Nations which had no teeth and had a stroke towards the end.