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April 13, 2019
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77 comments:
How many blond squirrels does it take to change a light bulb?
One of those little jerks chewed through the screened porch screen. The spray didn’t work so the bait came out. Hopefully the perp ‘moved on’...
Top Gear/Grand Tour over. Sigh...what next???
Here's an article criticizing AG Barr for a whole new reason: He doesn't use DoJ to defend the constitutionality of laws enacted and put into effect. https://slate.com/news-and-politics/2019/04/william-barr-aca-lawsuit-donald-trump-doj.html
from the article: "Benjamin Civiletti explained that this policy is rooted in the Constitution’s separation of powers. While the courts are charged with protecting “both the government and the citizenry from unconstitutional action, legislative and Executive [ … ] only the Executive Branch can execute the statutes of the United States,” including by defending them in the courts. Therefore, “if executive officers were to adopt a policy of ignoring or attacking acts of Congress whenever they believed them to be in conflict with the provisions of the constitution, their conduct in office could jeopardize the equilibrium established within our constitutional system.” .... Prior attorneys general recognized only one extremely narrow exception to this obligation to defend the nation’s laws: when an attorney general concludes that there is no reasonable argument in favor of a federal statute’s constitutionality. As Civiletti put it, where “everything in our constitutional jurisprudence inescapably establishes” that a law is unconstitutional, then the Executive Branch can properly decline to defend or enforce it."
So I ask the AA commentariat: is this a radical (Trump) departure from past practices, and if so should it be regarded as seriously bad precedent?
Dear h,
If Slate's for it, I'm agin it. So I'm sure Barr is fine.
So it's a blonde squirrel and not a blond one...are you just assuming the poor rodent's gender?
Dear h,
No, this is no great departure. The departure was signing consent decrees to acquiescence to all sorts of Leftist Collectivist goals under the Obama Administration. The departure was W Bush signing a law he believed was unconstitutional (McCain-Feingold) because he thought the courts would fix the problem.
Are you very CONCERNED?
Even a blonde squirrel finds a nut now and then.
More data about the algorithm writer.
Would be cool if Tiger wins the Masters tomorrow.
Tom Brady and Tiger are the two most competitive athletes ever. Jordan was very competitive as well but he can’t hold a candle to Tiger or Brady.
Tiger was competitive with the mistresses danger zone, like The Donald. They both had to make big money and have no fear to play in that league.
Alongside his 11 NBA championships in 13 years and an Olympic Gold Medal, Bill Russell led his school team to the NCAA championship. Twice. In a row. At the University of San Francisco.
I don't know about competitive, but Russell's easily the biggest winner in American team sports.
Birkel and Nichevo: thanks for responses. But are there specific instances in previous administrations where a DoJ has refused to argue that an enacted law is constitutional and should be enforced as written?
A Redhead Going Gray.
Heading out to see Captain Marvel again at the Arlington Capitol Theater. It's a Good Movie, needing to be reviewed. The Gentleman who does the NRO Morning Jolt had some very good insights in his critique.
University of Wisconsin defenseman Jake Bunz awarded the NCAA Hockey Humanitarian Award for his work with orphans in Haiti. Congratulations, Jake!
Minnesota-Duluth in the NCAA hockey championship game for the third consecutive year. Go Bulldogs!
h, Obama refused to defend the defense of marriage law.
I don't know the answer to your question h, but I will observe this is the outcome of forcing through such a large scale program with absolutely zero buy in from the other party. What did they think would happen?
Social Security, Civil Rights, Medicare had some level of buy in from the opposition party. It was remarked by many at the time of ObamaCare passage what an ill advised idea it was to not reach some level of accomodation with Republicans in Congress over such a consequential program. Democrats ignored this advice. How can they now expect a Republican administration to defend a program they so oppose?
The Masters has moved up their starting time due to poor weather expected to arrive in the afternoon. CBS will begin coverage at 9am EDT, pre- empting Face the Nation. Lefties will have to get their fill of Trump hate on one of the other Sunday political programs.
Winning!
Defending laws by the DoJ is a political action. Taken by political players. If the law is overturned by SCOTUS, Congress can Pass another piece of legislation. States can step in and enact legislation. Abortion and the Kelo decisions have both prompted citizens through their State Representatives to enact laws that meet the needs of the people.
While judges have taken far to much power away from the people, it's the people and our elected representatives that have freely given the judges that power.
@Rory,
"I don't know about competitive, but Russell's easily the biggest winner in American team sports."
And he was a nice guy! My father in law studied biology with him at USF in the 50s.
DOMA is one excellent example.
But consent decrees* the Obama Administration signed were effectively waiving the white flag on some law (or interpretation of a law) exactly the same as choosing not to defend a law.
*I refer specifically to settlements of lawsuits. Most were brought by Leftist Collectivist political organizations.
https://www.washingtonpost.com/news/post-nation/wp/2017/04/04/sessions-wants-a-review-of-consent-decrees-which-have-been-used-for-decades-to-force-reforms/?utm_term=.8524fe8e685c
Note well that even the Leftist WaPo admits these consent decrees "force reforms". And the reforms were ones that could not be achieved through normal political activities. IOW, the consent decrees are part of the one-way ratchet of Big Government.
This amounts to an end-run of the Adminstrative Procedures Act. It obviated the need for public review of rule changes. This is good small-r republican government dying in darkness. This is lawyers pushing further Left.
For a change of pace:
https://www.last.fm/music/Diana+Krall/_/The+Very+Thought+Of+You
The Masters has moved up their starting time due to poor weather expected to arrive in the afternoon. CBS will begin coverage at 9am EDT, pre- empting Face the Nation. Lefties will have to get their fill of Trump hate on one of the other Sunday political programs.
Heard a rumor Justice RBG gonna be there ....
They only tell half of the story:
https://www.google.com/amp/s/www.politico.eu/article/italy-warns-against-foreign-military-intervention-in-libya/amp/
h
Usually they do and should defend the laws, as argued. But there have been cases where they declined to do so. There were such cases under Obama.
Just in case you thought this was all accidental:
https://twitchy.com/dougp-3137/2019/04/13/attn-media-guardians-of-the-1st-amendment-aocs-lending-a-hand-to-reject-sales-of-the-ny-post/
Going way out of my knowledge base here, but in answer to h.
The only reason I can find out there to do what Civilleti wants is "long standing tradition". As others have noted, if that is the case "long standing" had an interim period 2008-2016. I can no coherent explanation of the "separation of powers rooted in the Constitution" that would force Barr to defend the ACA. Again, out of my expertise, but the repeal of the individual mandate (by Congress) draws the ACA's constitutionality into question given the SCOTUS ruling.
But, any port in a storm.
You think that squirrel is sweet and cute, but she's pretty sad when she's good and drunk.
Wasnt he Carter's second atty general
https://www.express.co.uk/news/uk/1113979/shamima-begum-news-latest-isis-terror-syria-uk-citizenship-said-javid
At my house we have lots of obsidian black squirrels. They are quite striking, and they seem to push the squirrels of color out of their
territories.
Is it true blond squirrels have more fun?
What's the other half of the story:
https://mobile.twitter.com/pspoole/status/1117251347437506560
[The 2nd link below didn't work for about a day. Now its back.]
Why Last Year's Trump-Russia Pulitzer Prize [has about the same smell as Obama's Nobel Prize]
"Last April the New York Times and Washington Post were awarded journalism’s highest honor – the Pulitzer Prize – for their reporting on possible treasonous collusion between the Trump campaign and the Kremlin."
'...Tom Kuntz – the founding editor of RealClearInvestigations, who prepared Pulitzer entries WHILE WORKING AS AN EDITOR AT THE TIMES FOR 28 YEARS – examined the journalistic sins of omission and commission that led those two papers to get the biggest story of our time so wrong...."
https://www.realclearinvestigations.com/articles/2019/04/12/realclearinvestigations_picks_of_the_week.html
Opinion: Why the Trump-Russia Pulitzer Was No Prize
By Tom Kuntz
April 11, 2019
"Monday, last year's award to the New York Times and Washington Post for Trump-Russia coverage is already looking like a crumpled first draft of history lofting in a high arc to the dustbin. It's eclipsed by the double-whammy of the Special Counsel’s finding of no collusion with the Kremlin and Attorney General William Barr's disclosure this week that he'll investigate spying by federal authorities on the Trump campaign.
Eclipsed and how. But the deep flaws in this honored coverage, instrumental in pushing the collusion narrative, shouldn't be overlooked just because it's been overtaken by events, or many journalists would prefer to move on, or because President Trump calls it "fake news." The flaws reveal broader problems in reporting this continuing story and journalism in general.
The prize went jointly to the two publications for 10 articles apiece reporting on Trump-Russia developments throughout most of 2017, the chaotic first year of Donald Trump’s presidency.
Their heavy investment in shaping and advancing the collusion story is telegraphed by some of the headlines alone. Imagine them with exclamation points and they could easily have appeared in the sensational sheets published by Joseph Pulitzer himself: Sessions Spoke Twice to Russian Envoy! (Washington Post); Emails Disclose Trump Son’s Glee at Russian Offer! (New York Times); Trump Reveals Secret Intelligence to Russians! (Post).
This work is not comparable to earlier Pulitzer scandals that still haunt the Times and Post. But in a way, a lot of it is worse. The Walter Duranty and Janet Cooke embarrassments mainly involved individual fraud or malpractice – outlier transgressions. The articles at issue now generally reflect abuse of a widely accepted but problematic practice that the profession is unlikely to abandon: anonymous sourcing..."
https://www.realclearinvestigations.com/articles/2019/04/09/why_last_years_trump-russia_pulitzer_was_no_prize.html
A very good analysis on American Pravda(s) partisan twisting of political news.
Back in the day, my grandfather was a Sunday Editor of the NYT. Now he's rolling in his grave.
Oh but there more substantial charges, no:
https://www.nbcconnecticut.com/news/local/Kraft-Attorneys-Back-in-Court-for-Motions-Hearing-508481301.html?fbclid=IwAR0eDcBsfaRE0CUUu3PlfIACiqQpFupFZX4Aybkx_vPeSFEBTTgiFauFzyI
OK, the county where I am, the forests are 60% ash trees. This five acre property probably has 30 or 40, the ten acres next door, there must be 300, mostly small diameter trees. Somebody brought firewood to a touristy campground in the county and now the EAB is here. In ten years it’s going to look like a Stephen King novel around here. I wonder how hard it would be to turn the ash trees into charcoal? There’s way too much to burn as firewood. Maybe I could sell it at the farmer’s market!
Oh snap:
https://www.dailymail.co.uk/news/article-6916579/Shes-Melania-Trump-hits-Vogue-editor-Anna-Wintour.html?fbclid=IwAR0PreXAmPPjJpwPxzJTaX8WF9cLwvkTPjowxZMRVlbEXVQPYMFjM-i7n-o
Nice link, Narciso. Rack of Ages.
Here in NE Ohio, it was illegal to move ash wood after it was cut.
Does not matter any longer. the wood burn nicely. My grandson
and I have cut down 4 ash trees over 100 ft tall. He likes to split
wood by hand. Used a lot this winter, but we have at least
one more tree to go.
It's sad to see them go though. nice shade trees.
Now there is some form of beech blight.
Dunno..after this week does Candace Owens get an Althouse tag?
Ash as furniture wood?
h said...
So I ask the AA commentariat: is this a radical (Trump) departure from past practices, and if so should it be regarded as seriously bad precedent?
It is not a precedent.
Obama refused to defend laws as well.
Ok, for Game of Thrones fans- predictions for the upcoming final season that begins Sunday night. Which of the following characters are alive at the end of the season:
(1)Daenerys, (2)Jon Snow, (3)Sansa Stark, (4)Arya Stark, (4)Jaime Lannister, (5)Tyrion Lannister, (6)Cersei Lannister, (7)Davos, (8)Bran Stark, (9)Brienne of Tarth, (10)Sandor Clegane, (11)Theon Greyjoy. If you want to offer predictions of the more minor characters like Bronn or Sam Tarly, for example, feel free.
I will take it as a given that the Army of the Dead will be defeated. Who kills the Night King?
Who ultimately ends up on the Iron Throne?
Blogger mccullough said...
Would be cool if Tiger wins the Masters tomorrow.
Tom Brady and Tiger are the two most competitive athletes ever. Jordan was very competitive as well but he can’t hold a candle to Tiger or Brady.
4/13/19, 7:35 PM
Blogger traditionalguy said...
Tiger was competitive with the mistresses danger zone, like The Donald. They both had to make big money and have no fear to play in that league.
--
Yeah, yeah..almost worth the effort to type, copy/paste all this.
But yes, no reported swing of a club at The Donald....
Tiger Woods was so dominant in his prime that I never rooted for him, but will be doing so tomorrow. He has finally reached underdog status.
George R. R. Martin drops book 6 and renders the whole thing moot.
(Well, we are talking *fantasy*, right?)
h,
I don't think it was ever actually proper for the executive to defend the acts of Congress against challenges to their constitutionality in the judicial system. If Congress or its members wants to defend them let them appoint attorneys to do so, and pay for them.
I haven't read any of the books, so I don't care what Martin does with the last installment, and I don't care if it has a completely different ending. If he ever finishes the series, I will probably read them then.
The books are incredible, but they stopped..
I'm the opposite, I have never seen the HBO series because I held off getting the DVDs so I could finish the books first and then compare. Bad call..
Swalwell!!!
The heroc males have a hard lot in Westeros. They suffer mutilation, castration, amputation, and various forms of disfigurement. Davos is the only one left with a sound body. He's about due for a bad year....... The women sometimes suffer untimely deaths but they're allowed to keep the integrity of their bodies until such time as they're stabbed, poisoned or eaten by the hounds. That's knd of sexist. I wonder why the feminists haven't complained..
Notes From The Continuing Decline of the Union/Democrat Complex.
The squirrel posting is a big upgrade for this blog! Also, I did click over and see the drunk squirrel, and yes it's funny, but the fun ends when she gets home. She's a mean drunk.
StephenFearby wrote: A prime example of willfully ignoring this rule...
This looks like you're trying to goad FullMoon into a dispute with you.
Furthermore, Althouse is the sole arbiter of what constitutes abuse on this site. She doesn't need a blog cop.
I saw Unplanned a couple of days ago. Very realistic film about what goes on inside an abortion clinic. The abortions themselves are graphic and hard to watch. The main actress, Ashley Bratcher, is fantastic. Boring in parts, as the narrative conflicts are predictable, and you know where the film is going. But there’s a tremendous amount of emotional honesty in this movie. And lots of details and authenticity. I almost walked out because the abortions were so upsetting.
RE: The Masters/Adam Schiff: An unplayable lie.
Thanks to Birkel JackWayne and others for helpful pointers to examples of past instances where DoJ did not defend laws in place, notably the defence of marriage act. The examples brought to my mind the example of "reparations" law suit brought by black farmers against USDA for discrimination in allocating farm loans. The Clinton administration refused to defend the actions of the executive branch and entered into a negotiation to settle the law suit. This activity is troubling as a procedural method, since it could provide a means to give gov't money to favored individuals and groups without any legislation. I guess a judge must approve the settlements, but if both sides agree (gov't agrees to pay) would a judge really object?
Prior attorneys general recognized only one extremely narrow exception to this obligation to defend the nation’s laws: when an attorney general concludes that there is no reasonable argument in favor of a federal statute’s constitutionality.
That’s a loophole you could fly that new giant airplane through. Of course Obama could never find “reasonable” arguments for laws he didn’t like, like the DOM. I swear they order up these op eds whenever they need them, and they have them waiting on both sides of every issue, depending on what is expedient for the Democrats at the time.
“Wisconsinites have always been a very open bunch,” she told me. “As long as you stay out of our way, we let you do your own thing. People were incensed that Neubauer went after Hagedorn’s faith.”. - New York Post
Butt-whatever should take note.
On tax day, Trump won't be bragging about his, and the GOP's heinous tax cut for the wealthy that socked it to the middle class. This issue alone should defeat every single Republican candidate for years and years to come. The price of gas is at $4 per gallon where I live, and I don't like it.
Tax receipts are up and tax rates are down.
Unknown cannot abide.
Unknown thinks gas is too high.
Gas prices are set locally.
Therefore, OrangeManBad.
I wouldn't use a name either.
Stay anonymous.
Unknown, you forget to end your rant with "Harumph!"
This activity is troubling as a procedural method, since it could provide a means to give gov't money to favored individuals and groups without any legislation. I guess a judge must approve the settlements, but if both sides agree (gov't agrees to pay) would a judge really object?
Now explain how public employee union negotiations don't do the same thing.
Two adversarial sides, only the govt representatives have no skin in the game.
The price of gas is at $4 per gallon where I live, and I don't like it.
Move to South Carolina and you can pay something like $2.50. But it sounds like Trump selectively imposed a gas tax in your state. I had no idea that he had that much power.
BTW, Obama appointed an energy secretary who said the price should be $10.
Any morel sightings yet? There's lots of anticipation in my neck of the woods. Alas, more snow predicted for today, keeping the ground temperatures pretty cold.
More data about the algorithm writer.
= More data about fake news - the Pulitzer Prize for LOL.
On a technical project like the black-hole imaging, if all the women were to disappear the rest of the team(s) might be slightly inconvenienced, but if all the men were to disappear there's be no project.
Folks should also see Gosnell the Movie. No abortion footage, but lotsa attitudes about the Industry. One can see the path to partial birth abortion clearly.
Blogger Quaestor said...
StephenFearby wrote: A prime example of willfully ignoring this rule...
"This looks like you're trying to goad FullMoon into a dispute with you.
Furthermore, Althouse is the sole arbiter of what constitutes abuse on this site. She doesn't need a blog cop."
I wasn't trying to goad FullMoon into a dispute with me. I was trying to educate his ass about one of AA's ground rules for posting:
"Try to keep on topic and avoid personal back-and-forth with other commenters"
If he has a problem with that, he has a problem with AA.
Since both FullMoon's post and mine appear to have been deleted (a good outcome), maybe your's and this one) may be next. (Another good outcome.)
South Carolina gas prices.
I have never rooted against a golfer before. I have rooted for them, but never against their opponents, but now I am rooting against everybody who has a shot at Tiger.
I wasn't trying to goad FullMoon into a dispute with me. I was trying to educate his ass about one of AA's ground rules for posting:
"Try to keep on topic and avoid personal back-and-forth with other commenters"
Cafe post, talk about anything. And, no back an forth, one simple helpful link.
Guess it upset another hall monitor. Well Excuuuuuse me !
FullMoon @3/28/19, 2:27 PM:
"...Have to agree that the cafes, and comments in general, are far less interesting and lively than before moderation was started.
May I suggest that rather than moderating and pre-vetting every single comment before it sees the light of day, our Hostess instead institute a "politeness/relevance" policy, severely enforced. No pre-moderation, but upon review, violators get one warning, the next violation and you're banned. Period."
So, AA enacted the '"politeness/relevance" policy' you proposed (at least in part) in her pinned admonition on top of the posting box as:
"Try to keep on topic and avoid personal back-and-forth with other commenters"
But your actions mean you don't have to follow your own "politeness/relevance" policy.
Your previous posts (suggesting Chuck was on the autistic spectrum) were meant to bait him to reply to your personal attack.
Nothing more or less.
As an aside, the link you originally posted on fecal transplants that address gut inflammation in autistics was very informative. Because the technique would also likely modulate gut issues of non-autistics:
Autism symptoms reduced nearly 50% two years after fecal transplant
https://www.eurekalert.org/pub_releases/2019-04/asu-asr040819.php
The open-access study:
https://www.nature.com/articles/s41598-019-42183-0.pdf
But as a personal preference, I'd probably go with the human breast milk idea (which is also good for the gut):
A Breast Milk Ingredient Is the Hot New Health Supplement for Adults
April 12, 2019, 10:02 AM EDT
-Ingredient boosts immunity and sharpens brain, makers say
-DuPont sees potential annual market reaching $1 billion
https://www.bloomberg.com/news/articles/2019-04-12/breast-milk-is-the-hot-new-health-supplement-for-adults
The wife is resisting this idea.
Uh, OK.
Your previous posts (suggesting Chuck was on the autistic spectrum) were meant to bait him to reply to your personal attack.
Nothing more or less.
"Chuck said...
I was diagnosed, after extensive testing by medical professionals, in Nov. 2014.Among the #actuallyautistic, you see a range of intellect and social abilities. It is not possible to lump us into one or two categories.
Many of us may appear boorish or rude in our interactions with neurotypical (NT) people. As a generality, we are weak at recognizing non-verbal social cues. Autism, however, is not an excuse for being a jerk. And it is possible for us to be both, as it is for NTs.
Diagnosing yourself is a facile way to find an excuse for behaviors and feelings that may have nothing to do with autism. It's not a fad that you can just buy in to. It is a difference in the hardwiring of the rain. We are not handicapped, just different.
11/22/17, 10:40 AM "
StephenFearby said
FullMoon @3/28/19, 2:27 PM:
"...Have to agree that the cafes, and comments in general, are far less interesting and lively than before moderation was started.
May I suggest that rather than moderating and pre-vetting every single comment before it sees the light of day, our Hostess instead institute a "politeness/relevance" policy, severely enforced. No pre-moderation, but upon review, violators get one warning, the next violation and you're banned. Period."
Umm, wrong again,I quoted someone else.
My comment immediately below that was about modifying recipes
Many of us may appear boorish or rude in our interactions with neurotypical (NT) people. As a generality, we are weak at recognizing non-verbal social cues. Autism, however, is not an excuse for being a jerk. And it is possible for us to be both, as it is for NTs.
I've always been curious if you can force autists to function non-autistically. E.g., with torture or other coercion, like giving them electric shocks until they answer your original question.
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