At the Tree Crutch Café...

... we all need someone we can lean on.

"There’s just too much Muslim influence, all this Shariah law..."

"We’re conservative here, old and cantankerous."

Here, being Oklahoma, which just passed the "Save Our State Amendment."

"I’ve said before that I felt that the middle-class tax cuts were being held hostage to the high-end tax cuts."

"I think it’s tempting not to negotiate with hostage-takers, unless the hostage gets harmed. Then people will question the wisdom of that strategy. In this case, the hostage was the American people, and I was not willing to see them get harmed."

Hey, Obama? Can I get the keys to the car so I can drive it somewhere where I won't have to listen to your metaphors?

"When Mr. Miller informs you that he’s going to burn the California and American flags onstage... you know he’s not going to do it."

"And if he did, would anyone mind? Flag burning was much, ahem, hotter during the George H. W. Bush administration, when Tim Miller was known as one of the N.E.A. Four..."

Ah, it's late in human history to be a performance artist. But one must soldier on.

I talk about the appellate argument in the Prop 8 case with Emily Bazelon.

The argument in the 9th Circuit Court of Appeals took place yesterday, and Emily and I gabbed about it this morning for Bloggingheads.

Elizabeth Edwards, who struggled with cancer, marriage, and the quest for power...

... has died, at the age of 61.

Did you remember that she graduated from law school? She was one of the new sort of political wives, who had independent career aspirations yet choose to move into a man's shadow.

Does Katrina vanden Heuvel have a Joe Biden sock-puppet?

Memeorandum — a fabulously useful starting point for blog-reading — automatically aggregates items based on a secret algorithm.


At the top, right now, is this:



Look closer:



I clicked, because I wanted to see what Joe Biden had to say under the snazzy headline "Obama: On the way to a failed presidency?" The link goes to a Washington Post column with that headline — but it's by Katrina vanden Heuvel ("editor and publisher of the Nation" who "writes a weekly online column for The Post").

Can anyone explain why the automatic aggregator Memeorandum would have picked up that column and attached Biden's name to it? I'm guessing the answer is pretty boring: "Joe Biden" appears in a line above the column, near the top of the page, that begins "Hot Topics." That does give rise to a new puzzle: What's hot about Biden? Clicking on his name, I see that he "heads to the Hill to talk taxes" today.  Sizzling!

Albums.

Here are 200 $5 MP3 albums. 100 regular albums and — look for the additional link at the link — 100 Christmas albums.

I was just thinking about the way I don't really listen to whole albums anymore. Back when we had vinyl LPs, we consumed music in whole-album form, with the tracks in proper order. I think in the last 10 years, I've only really internalized one whole album. (This one.)

And I just realized this morning that the album that had the most effect on the structure of my brain and my life is this one. That opening track and that closing track — in particular and taken together — send a message about what sort of relationships are desirable. You have no idea how much that shaped my thinking about what I wanted and should (or could) ask for in life. The argument against the traditional was phenomenally mind-bending.

Kathy Griffin joked that Bristol Palin is fat.

"She's the only contestant in the history of ['Dancing With The Stars'] to actually gain weight... She's like the white 'Precious.'"

Griffin, who just turned 50, was showing off her super-thin body in a bikini on stage. But check the rear view...



... always check the rear view, ladies.

Joe Blow wins the thread!

Do you like it when a commenter says that so-and-so "wins the thread"?
	Yes, it's snappy and adorable. If you disagree, disagree!
	No. It's irritating to appoint oneself as the arbiter of the quality of comments!
	No. It annoys me to have the thread characterized as a competition.
	Yes. Other commenters will up their game if they get the feeling it's a competition.
pollcode.com free polls

But Christopher Hitchens was talking about the document leakage, and Assange has turned himself in over the... semen leakage.

Yesterday, Christopher Hitchens posted "Turn Yourself In, Julian Assange," and today, Assange has turned himself in.

ADDED: He warned us that he was going to release his code if people rubbed him the wrong way. His DNA code.

"[I]t’s important to counter the 'haha sex by surprise those crazy Swedes' media narrative..."

"... with the fact that actually, non-consensual sex is assault and should be recognized as such by law. Consenting to one kind of sexual act doesn’t mean that you consent to anything else your partner wants to do; if it’s agreed that the only kind of sex we’re having is with a condom, then it does remove an element of consent to have sex without a condom with only one partner’s knowledge. To use another example, if you and your partner agree that you can penetrate her, it doesn’t necessarily follow that she has the green light to penetrate you whenever and however."

Feministe wants to talk about that "sex by surprise" charge against Julian Assange.

"People my age don’t want to put hats and scarves on in their homes..."

Old people in Britain are cold.

Ironically, I read that while wearing mittens. I've been trying to warm up my hands for the last hour. It's not really a big deal. I keep the thermostat at 62°. I could turn it up, but I don't. It may be true that as you get older, the cold gets to you, and I feel sorry for people who don't have the option to turn up the heat. I think that wears on you psychologically. But, really, it's healthy to keep the air you breathe cool. It's also good for the environment not to burn more fuel for heat. Shouldn't it be normal to warm up your extremities with sweaters, slippers, hats, scarves, and even mittens? Why is there some idea that if you are getting old, you shouldn't have to use clothing to warm yourself?

So... Gingrich?

He's saying signs point to him, but check out this picture. I'm scared!

The collar flip.

It's real.

Don't forget!

You can show your love for the Althouse blog by starting your shopping searches here:



You'll pay no more for your purchases, and I'll get a cut of the price, which I will appreciate fondly as encouragement to keep up my daily writing for you, dear readers.

Elizabeth Edwards is dying.

And she says a few words via Facebook:

She did not mention Mr. Edwards in her message on Monday.

“There are certainly times when we aren’t able to muster as much strength and patience as we would like. It’s called being human,” Mrs. Edwards wrote. “But I have found that in the simple act of living with hope, and in the daily effort to have a positive impact in the world, the days I do have are made all the more meaningful and precious. And for that I am grateful.”

She did not apologize to us for participating in the deceit perpetrated by John Edwards, which skewed the 2008 Democratic primaries.

ADDED: Death don't have no mercy.

The oral argument in the 9th Circuit in the Prop 8 case is about to begin.

The case is Perry v. Schwarzenegger. You can watch live on C-SPAN. I'll update with comments soon.

UPDATE: You can read some details about the case here. I'll have some of my own impressions in a little while.

UPDATE 2: You can watch the whole oral argument here. The first hour of the argument dealt with the threshold question of standing. California Governor Schwarzenegger and Attorney General Jerry Brown were the original defendants in the case, and they have opted not to appeal. Proponents of Prop 8 (which banned same-sex marriage) need a way to intervene using some other party with a personal stake in the outcome or the decision of the district judge, finding Prop 8 unconstitutional, will be the final word on the subject.

It seems as though there should be appellate review, but the constitutional limits on federal court jurisdiction don't depend on how important it is for an issue to be heard. There are technical requirements, and it seems as though the plaintiffs' lawyers did a clever job of setting things up so a district court decision in their favor would be insulated from appellate review. But listening to the oral argument, I got the impression the judges thought it was too clever.

In the second hour, the substantive question boiled down to whether there was a rational basis for excluding gay people from marriage. The pro-Prop 8 side rested heavily on the fact that only heterosexual couples produce babies accidentally. But that has so little to do with the value of excluding gay people from the status of marriage. It's hard even to understand why reserving marriage to heterosexuals would make them do a better job of deploying their reproductive powers. Why should gay people, who aren't even the problem, bear the burden?

The Supreme Court takes a global warming case....

... with Justice Sonia Sotomayor recusing herself. American Electric Power Co. v. Connecticut involves the use of a common law theory of nuisance:

[Five companies] that were claimed to be the largest sources of greenhouse gases — four electric power companies and the Tennessee Valley Authority — were sued by eight states, New York City, and three land conservation groups...

Calling the potential impact of the nuisance theory “staggering,” the companies’ petition said that virtually every entity and industry in the world can be found to be partly responsible for some emissions of carbon dioxide, so they are potentially liable to be sued in climate changed nuisance lawsuits.

When it comes to carbon dioxide, we're all a damned nuisance.

The Supreme Court will decide if Wal-Mart can be sued by a class of 500,000 female employees claiming discrimination.

SCOTUSblog reports on Wal-Mart Stores v. Dukes:

The first question will be whether, under Federal court Rule 23, a lawsuit may seek a money verdict — in this case, a claim for back pay — when the class was created under a provision that limits remedies to corrective court orders, not money.   Besides agreeing to hear that, the Court told the parties to file briefs and prepare to argue on a second question — whether the class was a proper one, under Rule 23, when it was cleared to go forward under Rule 23(b)(2)....

Wal-Mart’s petition had raised a second question that embraced the broader argument that no class should have been approved at all, since the claims made by the women employees were so disparate and so diffuse that they really had nothing in common, and that, as a result, Wal-Mart would not have been able to mount a defense to such claims....

The class approved in this case is the largest ever certified in a job bias context, but is also among the largest of any class certified in any case in federal courts....

The sex discrimination class-action case against Wal-Mart was actually started more than nine years ago as a race bias case involving a single company employee — Betty Dukes, a black woman who is a “greeter” at the company’s store in Pittsburg, Calif.  It later became a class-action lawsuit with six original plaintiffs, including Dukes, contending that the company has engaged in pay and promotion discrimination against women throughout the chain.

MORE: Adam Liptak and Steven Greenhouse have this:

Wal-Mart, which says its policies expressly bar discrimination and promote diversity, said the plaintiffs, who worked in 3,400 stores in 170 job classifications, cannot possibly have enough in common to make class-action treatment appropriate. “We are pleased that the Supreme Court has granted review in this important case,” Wal-Mart said in a brief statement. “The current confusion in class-action law is harmful for everyone — employers, employees, businesses of all types and sizes and the civil justice system. These are exceedingly important issues that reach far beyond this particular case.”...

Brad Seligman, the main lawyer for the plaintiffs, said Monday that plaintiffs welcomed the court’s review of the limited issue and were confident that the justices would rule in their favor. “Wal-Mart has thrown up an extraordinarily broad number of issues, many of which, if the court seriously entertained, could very severely undermine many civil rights class actions,” Mr. Seligman said.

The decision in the 9th Circuit was written by Judge Michael Daly Hawkins — who, incidentally, is one of the judges in the Prop 8 case. (I spent what seems like the entire day listening to the oral argument in that case.)

[W]riting for the majority, [Hawkins] said the company’s policies and treatment of women were similar enough that a single lawsuit was both efficient and appropriate....

[Dissenting, Chief Judge Alex Kozinski wrote:] “Maybe there’d be no difference between 500 employees and 500,000 employees if they all had similar jobs, worked at the same half-billion square foot store and were supervised by the same managers”....

“They have little in common but their sex and this lawsuit,” Judge Kozinski concluded.

"A majority of Muslims around the world welcome a significant role for Islam in their countries' political life..."

A new Pew poll:

According to the survey, majorities in Pakistan, Egypt, Jordan and Nigeria would favor changing current laws to allow stoning as a punishment for adultery, hand amputation for theft and death for those who convert from Islam to another religion. About 85% of Pakistani Muslims said they would support a law segregating men and women in the workplace.

Muslims in Indonesia, Egypt, Nigeria and Jordan were among the most enthusiastic, with more than three-quarters of poll respondents in those countries reporting positive views of Islam's influence in politics: either that Islam had a large role in politics, and that was a good thing, or that it played a small role, and that was bad....

Christmas trains.

At Olbrich Gardens, here in Madison.

Jeff Probst accuses 2 contestants of breaching the implied "Survivor" contract.

Okay... but, of course, there is a written contract. What's in it? The idea of an implied contract is nothing but a figure of speech for Jeff here as he's exacting what is probably the only power he has to impose a penalty: bad-mouthing the quitters.

At the Clarity Café...

... you can sharpen your perceptions...



... or melt into bliss.

ADDED: Enlargements: #1 and #2.

The Wikileaks Doomsday Machine.

"Julian Assange, the WikiLeaks founder, has circulated across the internet an encrypted 'poison pill' cache of uncensored documents suspected to include files on BP and Guantanamo Bay."

***

The high-speed rail boondoggle at its worst — in California.

Via Instapundit, Reason has the nauseating details:

The California High Speed Rail Authority is committed to breaking ground on a leg of the train that will serve passengers between the unincorporated town of Borden and the half-incarcerated town of Corcoran.

Corcoran!

Whether you call it the train from nowhere or the train to nowhere, nobody will be riding it even when it’s done. That’s not libertarian cant: The actual plan for the $4.15 billion leg is that upon completion it will sit idle until other sections of track are completed.

$4.15 billion!

Background: The CHSRA needs to break ground by September 2012 or lose $2.25 billion in federal funds. The U.S. Department of Transportation has for reasons of its own favored the sparsely populated Central Valley for this first leg of the thinly imagined high speed rail project. 

Reasons of its own? Can we get an investigation?

Meanwhile, in Wisconsin, we just elected a new governor whose central election promise was to say no to $810 million connect Madison and Milwaukee by high-speed rail:

Scott Walker has made no secret of his aversion to high-speed trains, but before he goes any further with his plans to derail the planned Milwaukee-Madison line, Walker might consider some earlier chapters in Wisconsin's transportation history. They indicate that the governor-elect could be putting his state in reverse.

As long as there has been a Wisconsin, residents have labored mightily to establish connections with each other and with the world beyond the state's borders. Although disputes often arose in working out the details, the general trend was unmistakable....

Connections! We're all about relationships among people.

The idea seems oddly nostalgic at first - why build passenger trains in the 21st century? - but it actually fits an emerging settlement pattern. Not in my lifetime but perhaps in my grandchildren's, and for better or worse, an interconnected megalopolis will sprawl from Benton Harbor, Mich., to Minneapolis-St. Paul. As the empty spaces fill in, there will be a demand for some form of transport that's faster than cars but has more frequent stops (and fewer exasperating waits) than airplanes.

The columnist — John Gurda in the Milwaukee Journal Sentinel — is imagining a megalopolis in the future and telling us what people then will want. But people don't even want trains now. We drive cars. Or we take planes. There's also the bus. True, a bus doesn't go at a speed in between the speed of a car and a plane, but come on. Pick one. Road or air.

But, anyway, we have a nice train in Madison:



A train and a Christmas tree in the Wisconsin State Capitol.

"The Stones carry no Woodstockesque, antibusiness baggage."

Why the Rolling Stones are able to make so much money.

Not everyone, of course, is enchanted by Jagger’s business smarts. There are those who see the Stones’ transformation into a brand as an affront to the very spirit of rock ’n’ roll, a betrayal of the lawless, piratical impulse that once made them great. Such romantics are inclined to question whether a song like “Street Fighting Man”(“Hey! Said my name is called disturbance/I’ll shout and scream, I’ll kill the king, I’ll rail at all his servants”) can still be plausibly sung by an elderly knight who does sponsorship and licensing deals with Microsoft and Sprint.

These "romantics" just need to perceive the romanticism of capitalism. Capitalism could say "my name is called disturbance" — creative destruction and all — don't you think?  By the way, Mick Jagger studied at the London School of Economics.

Speaking of romance, Jagger addresses the subject of marriage:

“I don’t really subscribe to a completely normal view of what relationships should be... I have a bit more of a bohemian view. To be honest, I don’t really think much of marriage. I’m not saying it’s not a wonderful thing and people shouldn’t do it, but it’s not for me. And not for quite a few other people too, it would appear... I just think it’s perhaps not quite what it’s cracked up to be. I know it’s an elaborate fantasy.”

Capitalistic?

"She’s like the ominous blob in the horror films: the more you shoot at it, the bigger and stronger it becomes."

If a conservative columnist had come up with that image to describe a liberal politician, liberals would gasp and scold about the violence seething in the conservative brain.

But this is the liberal NYT columnist Charles Blow, complaining about how attacks on Sarah Palin aren't doing what they're supposed to do. His idea is lefties need to stop talking about her:

People on the left seem to need her, to bash her, because she is, in three words, the way the left likes to see the right: hollow, dim and mean. But since she’s feeding on the negativity, I suggest three other words: get over it.

So the reason for calling off the attacks is that they're not working. Whatever happened to the "restore sanity" movement that briefly bubbled up — the idea that civility was a free-standing value? I assume the idea that moderate discourse is an end in itself was always only a pose. That is, the idea that civility was an end was a means to an end. When that end wasn't achieved — liberals lost the elections — the means was abandoned. Attacks flared. But attacks failed. At least Blow isn't pretending to believe in civility as an end in itself.

Did CNN turn off Sarah's music?

Because that wouldn't be cool if they did that.



"These Iowa people, got my back."

We walked out in the snow.

Picnic Point, today.

Meadhouse breakfast.

Obama pardons a man who was convicted of mutilating coins in 1963.

Why? Why does that win the attention of the President of the United States? The pardoned man, Ronald Lee Foster of Beaver Falls, Pennsylvania, received probation and a $20 fine. This was one of 9 pardons, the first set of pardons by President Obama. The NYT characterized all the pardoned crimes as "small-scale offenses committed many years ago," but 4 of the cases involved cocaine. Maybe the coin-mutilating is in there to make cocaine look small scale.

I wonder what, exactly, Ronald Lee Foster did to coins? From CoinTalk:

I looked but can not find out anything about what he did to coins. I wonder if he is the first person to produce the infamous "Lincoln looks at Kennedy" pennies? There was a guy back in the 1960's who used a machine to shave pennies to the size of dimes and passed them in vending machines. Now what is "mutilation of coins" and what did this guy do?

***

In 1963, he was earning $82 a month as a Marine at Camp Lejeune, North Carolina, when he says he and 16 others hatched a scheme to cut pennies into dimes so they could use them in vending machines. But the Secret Service caught them....

Hmmm, that reminds me. We used to try to turn quarters — back when they were silver — into rings. Step 1 was banging on the edge with a spoon to flatten and broaden it. No one ever got to step 2, which would have required some drilling.

Our Madison weekly — Isthmus — does an article on Auric Gold, a Madison gun rights advocate.

And he shows up in the first comment:

It would have been more accurate to label me as a "gun rights advocate" than "gun advocate."  Anyone who knows me well, knows that I certainly do not advocate guns for everyone.  Don't like guns?  Don't get one.  Not sure of your ability or willingness to use one to protect yourself?  Don't get one.  Not sure of your ability to be responsible and safe in your handling of a gun?  Don't get one.  Not confident in your ability to keep a gun under your control and out of the hands of others?  Don't get one.  Don't want to know the laws?  Don't get one.  I advocate for the right and freedom to have the choice to have a gun available as one of many options available for one's personal security.

It's not true that there will no longer be a reason to carry weapons openly once concealed carry laws change in Wisconsin.  It will only be true that there is no longer a legal necessity to carry openly.  Finally there will be a choice whether to carry openly or concealed, and under certain circumstances one option may make more sense than the other.

Joe Tarr opines that "Gold spends what seems an inordinate amout [sic] of time preparing to shoot his way out of dangerous situations."  Joe is entitled to his opinion.  But first, as a gun instructor, if people hire me with the expectation that I will be able to share some knowledge and improve their proficiency with a firearm and enhance their ability to survive a bad situation, I cannot simply be "adequate" with a gun.  I have to be good.  As good as I can possibly become.  I owe it to them, because while I may be fortunate and never need a gun to protect myself or others, I can neither predict nor control the circumstances I will find myself in, or that of any person who comes to me wanting to become more proficient with a firearm or to enhance their personal and household security.

Secondly, nobody in their right mind sees "shooting their way out" as the first choice, or even second choice, for getting "out of dangerous situations."  Use of a firearm always ought to be one's absolutely LAST way of getting out of a dangerous situation.  Having a gun makes one's list of options a longer list than when you don't have a gun.  But use of that gun belongs at the very end of the list-- when there are no other options.  Anything else is irresponsible.

O'Hern suggests that public attitude and laws will quickly change if folks "go nutso" or if "gunfights erupt in a bar."  Perhaps, but it should be noted than no state that has passed concealed carry has gone back and rescinded it.  The predictions of blood in the streets have been made in every state that considered concealed carry legislation.  Those predictions have never come true.  Once Illinois stands alone as the only state not allowing concealed carry in some form, they'll still be predicting bloodshed in Illinois as a consequence of any concealed carry legislation under consideration there, even though it never came true in the other 49 states.  Anti-gun people care little for the facts and much about pushing an agenda.  Gun control is not so much about guns, as it is about control.

I look like a member of the Allman Brothers?  Thanks Joe, you added another half-decade to my age!  If you had suggested Metallica I would have been happier.  Or Blue Oyster Cult-- I know, they're older, but I prefer them musically.

You may remember when Isthmus did an article about me. Unlike Gold, I refused to let them photograph me for the cover. Looking at the picture they did of Gold, I'm reminded of why I didn't trust them to do a picture of me! I assumed they'd choose an unflattering picture. They've got a low angle on Gold, looking up his nostrils. He's got an unpleasant expression on his face. He's plunked squarely in front of a blocky building, which makes him look blocky. I don't know how blocky he really is, but I'd feel terrible if some unsympathetic photographer framed the background and my body to make me look bad.

I didn't submit to the interview either. (The Isthmus writer made stuff up about what my refusal to be interviewed meant. He decided that my avoidance of publicity was evidence of my egotism. Whatever. If he'd approved of my politics, I'm sure the interpretation would signify modesty.)

"FBI issues warning over Barbie 'Video Girl' which could be used by paedophiles to make child pornography."

The doll has a camera built into it.

The movie we watched last night.

"Rebecca."

I'd seen it before, but others here hadn't. I'd forgotten some of the details, but I remembered the key surprises. So I wallowed in the old-fashioned acting, especially Joan Fontaine moving her eyebrows asymmetrically in a way that only a comic actress today would use...

"Rebecca" won the best picture Oscar in 1940, beating "The Grapes of Wrath." I guess people preferred watching the melodramatically exaggerated travails of rich people in gigantic houses more than they liked watching the melodramatically exaggerated travails of poor people in gritty hovels.

At the First Snow Café...

... I'd say that counts.

Hillary says: "I think I will serve as secretary of state as my last public position."

Oh? You "think." You don't know. And that's "think," in the present tense. So it's your current vision of your future? Is there anything that could possibly cause you to think differently, in the future, about how you see your future?

Steve Martin is in trouble.

For luring people to pay $50 to hear him interviewed and then having the interview be all about the art world and his book about the art world.

It is exactly — exactly — like demanding your money back because Elton John didn't play "Rocket Man." 

No, it's like going to see Elton John and demanding your money back because he played only classical music — and not at the level of a professional classical pianist.

"I haven't been out to check on him for five hours but I went outside for a fag and he's gone."

A woman in the UK calls the police to report the theft of her snowman. And she's a smoker.

"It's troubling that he had a cellphone since he's a person who got other people to murder on his behalf."

Charles Manson had a cell phone.

Bristol Palin gets sarcastic on Facebook about Keith Olbermann.

After he called her "the worst person in the world."

Linda Greenhouse purports to be impressed by the post-retirement activities of Justices Stevens and O'Connor.

But there's also this:

Not so long ago, it was typical for justices to remain on the court until they died (the exit strategy of 49 of the 103 justices not currently serving) or became enfeebled by age (recall the explanation that Justice Thurgood Marshall gave when he retired in 1991 at the age of 83: “I’m old and falling apart.”) I can’t remember when the country was blessed by the presence of three retired justices who can get themselves from one place to another unaided.

This is a not-too-subtle hint to the older Justices to retire. Please vacate your seats and give some younger folks a shot. And give the young President an appointment. See? We will notice you as you go about giving innocuous speeches and publishes simple enough essays in the New York Review of Books — especially if you tell us you wish you voted differently on some case we journalists disapproved of or indicate you "her dismay at seeing some of her own work 'dismantled' by the current court." Come on out here where we can help you burnish your reputation.

UPDATE: I rewrote the headline, because it was so boring I was afraid no one would read through to the possibly amusing sarcasm.

Paul Krugman adds a new layer of shellac to Barack Obama.

"... a pay freeze for federal workers. This was an announcement that had it all. It was transparently cynical; it was trivial in scale, but misguided in direction; and by making the announcement, Mr. Obama effectively conceded the policy argument to the very people who are seeking — successfully, it seems — to destroy him."

"It’s the most sane and moral weapon ever devised."

"It’s the only nuclear weapon in history that makes sense in waging war. When the war is over, the world is still intact."

The neutron bomb — so sensible to its inventor — was so intensely reviled.

Samuel T. Cohen, dead of stomach cancer at age 89.

***

Dialogue from the movie "Repo Man":

I had a lobotomy in the end.

Lobotomy? Isn't that for loonies?

Not at all. A friend of mine had one. Designer of the neutron bomb. You ever hear of the neutron bomb? Destroys people, but leaves buildings standing. It fits in a suitcase. So small. No one knows it's there, until... blammo!

MORE:

"I like that I got an ugly girl's personality."

"In other words, a homely girl always has to develop that muscle. And I did. But the good news is that I never considered myself beautiful at all. And I still don't."

"I know in my heart I am not going to be judged by this Congress. I’ll be judged by my life in its entirety."

Said Charles Rangel... after the House voted 333-79 to censure him.

Thanks, once again...

... for showing your appreciation for my diligent bloggerly scribblings by starting your shopping here:



On most items, Amazon is sharing 7% of the purchase price with me, so it's really quite a big deal... costing you nothing more than you'd pay anyway. So, if you've been enjoying the daily nuggets of interestingness on this blog, make it the jumping-off point for whatever diverse consumerism is on your personal agenda.

2 Harvard law students sue Janet Napolitano and the TSA administrator over the airport scanning and groping.

They say it violates the 4th Amendment.

IN THE COMMENTS: lyssalovelyredhead said:

On a related note, I heard from a lawyer today... that his client, an employer, is being sued by a frequent flying employee, who is alleging forced flying under these conditions constitutes hostile work environment.

"Women follow rules better than men do, so the women do better in school."

"But, there is no correlation between doing well in school and doing well in adult life. And there might be a reverse correlation, because school is about doing what you’re told, but strong performers in business make their own rules. Maybe this is why most big law firms have no women in their top 10 rainmakers. This is because it’s an ill-defined, outside-the-rules-of-what-you-learn-in-law-school kind of job. But these are the people who make the money and have the flexibility to have a lifestyle they want outside of work—one not so hours-bound. So for women to really get the kind of workplace they want – flexible, responsive, and engaging, the women are going to need to break some rules."

Says Penelope Trunk, who advises men to encourage women to break the rules, assuming men want to make work better for women... in which case they should also display their forearms... because women like to look at men's forearms. Wait! Forearms? Rule-breaking? I'm picturing intra-office sexual affairs. That might make going to work incredibly exciting, but it makes work much more difficult.

But forearms aside, I do think Trunk is right about women, rules, school, and work.

"All I knew was that I had to cross the line."

A 16-year-old runner collapses, then crawls to the finish line. "It took over 20 seconds for her to crawl two yards."

I was touched by this story. (There's also an angle about the coach having Lou Gehrig's disease, and her team won the state championship only because she finished.) But I wonder if officials should allow a kid who's collapsed to keep going.

[A]n assistant coach... said that if [Holland] Reynolds had appeared to be in immediate danger, he would not have let her continue. “I would have picked her up and carried her straight to the ambulance,” he said. “But she was able to make eye contact with me. Her body was tired, but she was mentally all there.”

Is that medically right? If a kid collapses playing sports but makes eye contact, she's not in immediate danger?

Check the video. The breakdown begins at 19:30. Should this be celebrated in the national press, or should we worry that encouraging kids to this point risks death or serious injury?

"It’s like if you or I morphed into fully functioning cyborgs after being thrown into a room of electronic scrap with nothing to eat."

The newly discovered arsenic-eating bacteria. But it's not really that weird:

Arsenic sits right beneath phosphorus in the periodic table of the elements and shares many of its chemical properties. Indeed, that chemical closeness is what makes it toxic, Dr. Wolfe-Simon said, allowing it to slip easily into a cell’s machinery where it then gums things up, like bad oil in a car engine.

At a conference at Arizona State about alien life in 2006, however, Dr. [Felisa] Wolfe-Simon suggested that an organism that could cope with arsenic might actually have incorporated arsenic instead of phosphorus into its lifestyle. In a subsequent paper in The International Journal of Astrobiology, she and Ariel Anbar and Paul Davies, both of Arizona State University, predicted the existence of arsenic-loving life forms....

Reasoning that such organisms were more likely to be found in environments already rich in arsenic, Dr. Wolfe-Simon and her colleagues scooped up a test tube full of mud from Mono Lake, which is salty, alkaline and already heavy in arsenic, and gradually fed them more and more.

"The government has never brought an Espionage Act prosecution that would look remotely like this one."

"I suspect that has a lot to do with why nothing has happened yet," says lawprof Stephen I. Vladeck, puzzling over why the U.S. Justice Department has yet to bring charges against Julian Assange.

"A Month After Elections, 200,000 Votes Found."

In New York. That's 17% more votes than originally reported.

"Norman Rockwell would get the boot... if I believed in pulling everything that I'm offended by: I can't stand the view of America that he presents..."

"... which I feel insults a huge number of us non-mainstream folks. But I didn't call for the Smithsonian American Art Museum to pull the Rockwell show that runs through Jan. 2, just down the hall from 'Hide/Seek.' Rockwell and his admirers got to have their say, and his detractors, including me, got to rant about how much they hated his art. Censorship would have prevented that discussion, and that's why we don't allow it."

Writes Blake Gopnik about the ants-on-Jesus to-do.

Rush Limbaugh reacted:

Now, what is there to hate about Norman Rockwell? Very simply answered question: pro-America. Classic Americana. If you hate Norman Rockwell, you hate the flag. If you hate Norman Rockwell, you hate biscuits and gravy. If you hate Norman Rockwell, you hate breakfast. If you hate Norman Rockwell, you hate farms. If you hate Norman Rockwell, you hate grandmother. If you hate Norman Rockwell, you hate the family. What in the world is there to hate about Norman Rockwell?

Ha. I remember when everyone hated Norman Rockwell... and not just because he was regarded as an excessively literal illustrator and not a real artist.

(And by "everyone," I mean that in the sense that everyone voted against Nixon.)

Should the Constitution be amended to empower the states, by a 2/3 vote, to repeal provisions of federal law?

Dana Milbank notes "the unfortunate echo of nullification," but nullification was the idea that individual states could disregard federal law they opposed. The Repeal Amendment would institute an orderly structural safeguard as part of the Constitution, a check on federal power that requires a supermajority vote of the states.

Instapundit thinks Milbank is being — pretending to be? — too obeisant to the original Constitution:

The amendment process, after all, is part of the Constitution. The Framers had no illusions that they were creating perfection, and believed in the sovereignty of the people and in the power of the people to revise the Constitution as needed, through the process they created. The idea that the text of the Constitution should be revised only through judicial reinterpretation is a modern conceit, and one that does no honor to the Framers at all.

Since the Repeal Amendment, proposed by Randy Barnett, can easily be portrayed as an effort to return to something closer to the balance of power provided for in the original Constitution, it is pretty silly to portray yourself as brimming with respect for the Founders when what you really support is the shift of power to the national government that occurred over the long stretch of time, a shift that the courts have allowed to take place.

You know what else is silly? This, from Milbank:

Lest you think this is a hair-brained scheme by one Republican lawmaker, consider that the Repeal Amendment... has won the endorsement of the man who will be the next House majority leader, Rep. Eric Cantor (R-Va.).

Let me dig up William Safire:

Folk etymology is the term for the creation of new words by mistake or misunderstanding or mispronunciation....In today's language, "Hare-brained" is often giddily and irresponsibly misspelled "Hairbrained," perhaps on the notion that the hair is near the brain.

Folk etymology... hmmm. There's also folk constitutional interpretation, isn't there? Or is folk the wrong word when it's journalists purveying the bogus constitutional wisdom?

"Twinkling Stars May Reveal Human-Size Wormholes."

May!

"Funny, only a few months ago [Obama] said his opponents talk about him like a dog."

"Now he is talking about himself, like a dog, but of the blue variety."

"It's like Charles Darwin and his theory is a saint. You can't touch it."

Some Louisiana citizens think the Louisiana textbook advisory panel isn't doing a good enough job of implementing the Louisiana Science Education Act of 2008.

The LSEA instructs educators to promote "critical thinking skills, logical analysis, and open and objective discussion of scientific theories being studied including, but not limited to, evolution, the origins of life, global warming, and human cloning." It also allows teachers and school districts to use "supplemental textbooks," which are just code words for creationist and pro-intelligent design materials.

"If members have homosexual thoughts or feelings or engage in homosexual behavior..."

"... Church leaders should help them have a clear understanding of faith in Jesus Christ, the process of repentance, and the purpose of life on earth."

"Why are liberals more intelligent than conservatives? Because liberalism is 'evolutionarily novel.'"

Says the evolutionary psychologist Satoshi Kanazawa:

[Kanazawa's study] showed that young adults who identified themselves as "very liberal" had an average IQ of 106 while those who identified themselves as "very conservative" had an average IQ of 95.

"The ability to think and reason endowed our ancestors with advantages in solving evolutionarily novel problems for which they did not have innate solutions. As a result, more intelligent people are more likely to recognise and understand such novel entities and situations than less intelligent people, and some of these entities and situations are preferences, values, and lifestyles," Dr Kanazawa said.

Humans are evolutionarily designed to be conservative, caring mostly about their family and friends. Being liberal and caring about an indefinite number of genetically unrelated strangers is evolutionarily novel. So more intelligent children may be more likely to grow up to be liberals.

Evolutionary psychologists certainly have a lot of leeway to explain anything that they see in the data and to pick the explanation that pleases them the most.

The study is of young adults. Intelligent young adults might be liberal because they are going to better schools, and schools promote the liberal world view. What happens when these intelligent folks — and they're not that intelligent! — get a little older?

The linked article summarizes the material in the book "Why Beautiful People Have More Daughters: From Dating, Shopping, and Praying to Going to War and Becoming a Billionaire-- Two Evolutionary Psychologists Explain Why We Do What We Do." I read that book a while back. It's pretty interesting.

As the male ousts the female from the Speaker's chair....

... he chivalrously provides all the ladies of the House with  very important seats.

Toilets.

But I'm sure Nancy Pelosi has her own private bathroom and wouldn't stoop (or squat) to use some shared bathroom.

"If Charles Darwin were alive today, I think he would find something very attractive about punk rock."

Writes Greg Graffin in "Anarchy Evolution: Faith, Science and Bad Religion in a World Without God." Graffin was (is?) the lead singer of the rock group Bad Religion and he's now a professor of life Sciences at UCLA.

At 16, he took the final words from Richard Leakey's and Roger Lewin's book, "Origins" ("To have arrived on this Earth ... only to depart it through arrogance, would be the ultimate irony") as inspiration for Bad Religion's first noteworthy song, "We're Only Going to Die from Our Own Arrogance." It was recorded for the band's 1981 debut album....

In his book, Graffin says a detailed study of evolution led him to become a "naturalist," a scientist who believes the overall story of species' development or failure is more complex than "survival of the fittest."...

Organisms, Graffin says, adapt, for better or worse, to changes in their environment and to the constant absorption of new traits through procreation. Evolution is anarchic — something, he says, is true of punk culture as well as the world at large.

Righty bloggers pick their Conservative Of The Year: Chris Christie.

Second Place: Sarah Palin. Third: Mark Rubio.

Mickey Kaus hates the Dream Act.

"For only the second time in Wisconsin state history, no one was killed during gun deer season..."

"... except for deer."

"Now I am scared I am going to wake up with a decapitated moose head in my bed..."

Says Margaret Cho, possible evincing the guilt she really ought to feel.

"The Select Committee on Global Warming – which was created to provide a political forum to promote Washington Democrats' job-killing national energy tax..."

"... it will not continue in the 112th Congress."

No, that's not the first snow.

That doesn't count. We have a standard for what counts as the first snow, so you have not won your bet. Not yet.

Meade said the first snow will be before we get up and look out the window on December 2. I said after.

Sissy on "sissy."

Yesterday, I had a problem with Rush Limbaugh using the word "sissy" over and over again to express his feelings about Julian Assange. That, understandably, caught the attention of Sissy Willis. Because she's a Sissy but not a sissy, she did not react with I Feel Bad About My Name: And Other Thoughts On Being a Woman. She wrote to riff on something I said in my listening-to-Rush-Limbaugh video:

"To say men are being like women when you want to say they're being cowardly and weak — I don't like it ... Also, some chickification is a good thing. Women have a lot to offer. Think about it."

Sissy says she's been saying it for a while: "postmodern, identity-politics 'feminism'" is not the same thing as "feminization." And that makes me want to remind Rush and everyone else that there are many different manifestations of the feminine. You have something in mind when you say "chickification" or "feminization." I get it. But if you want to be able to criticize the forms of the feminine that you loathe, don't sweep all women into a stereotype. If you do, you are, ironically, acting like a cartoon of a radical feminist — a woman who thinks of men as sexist brutes.

Now, I know that Rush Limbaugh isn't a sexist. I listen to the show. I know he doesn't think women are all alike, and I think he loves women. He's first in line to promote the women who embrace conservatism. That's his thing: He loves conservatism. He's enthusiastic about conservative women in politics and critical of those who try to drag down Sarah Palin (and, for example, Christine O'Donnell). He does the thing that I do: He points it out when a liberal says something about a female conservative that liberals would call sexist if it were said about a female liberal. He notices — as I do — the way liberals expect women to be liberal and discipline us harshly when we are not.

Also, Rush isn't exactly the model of stereotypical masculinity. And I'm not just referring to the fact that he hasn't kept his body in optimum shape over the years. I'm talking about the hours of show time he's spent telling us about the details of his wedding. The times he's admitted getting emotional over some movie. And just yesterday, he went on and on about his pets. He's got 2 dogs and a cat. And the dogs are because of his wife. When he was living alone, he was living alone with a cat. A pussy!