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blogging every day since January 14, 2004
Bill Burr to Joe Rogan: "I'm not going to sit here with no medical degree, listening to you with no medical degree with an American flag behind you smoking a cigar acting like we know what's up better than the CDC" pic.twitter.com/a92XLFX74w— 13th Conde de Harrow (@Ricottaboy) June 20, 2020
This photo went viral on Twitter. As protests continue in the U.S., some say it perfectly captures two different attitudes.
— Los Angeles Times (@latimes) June 19, 2020
But there's so much more to this photo: https://t.co/5D7aHIigt5 pic.twitter.com/m2cXw2EUzp
Beyond pathetic. Why are the cops letting this happen? https://t.co/uBW3FUFI33— Andrew Sullivan (@sullydish) June 20, 2020
In 1861, Pike penned the lyrics to "Dixie to Arms!" At the beginning of the war, Pike was appointed as Confederate envoy to Native American nations. In this capacity he negotiated several treaties, one of the most important being with Cherokee chief John Ross, which was concluded in 1861. At the time, Ross agreed to support the Confederacy, which promised the tribes a Native American state if it won the war. Ross later changed his mind and left Indian Territory, but the succeeding Cherokee government maintained the alliance.
Sculpture does still bear something of the burden of its commemorative and didactic origins. It’s too literal, too direct, too steeped in religious ceremony and too complex for a historically amnesiac culture. We prefer the multicolored distractions of illusionism on flat surfaces, flickering in a movie theater or digitized on our laptops and smartphones, or painted on canvas.We — some of us — prefer the multicolored distractions of illusionism on the flat surface of the embedded video on Twitter as protesters drag down another stately chunk of metal.
Of course they despise Washington. Notice the graffiti “1619” on the toppled statue. And the burnt flags. The NYT must be proud. They taught these people well. https://t.co/4JTPEv2KMd
— Andrew Sullivan (@sullydish) June 19, 2020
... Trump has caused more people to become aware of Juneteenth, just as he has caused more people to become aware of the 25th Amendment, the Emoluments Clause, narcissistic personality disorder, “democratic backsliding,” the two-thirds threshold required for impeachment, and other concepts that had largely been excluded from daily news coverage. This has not been an era of progress. But it has been a time of enlightenment.What's "democratic backsliding"? I don't remember hearing that phrase before. I see it has a Wikipedia entry:
In 2016, President Trump broke through Hillary Clinton’s “blue wall.” He won three states that Democrats had carried since the 1980s: Pennsylvania, Michigan and Wisconsin....First, "were he to garner 45 percent of their votes" — I just have to note the use of that word, "garner."
[N]ow, less than four years later, all three of those states have shifted again and presumptive Democratic nominee Joe Biden is leading Trump....
According to Pew Research Center’s analysis of the exit polls, [Hillary Clinton] earned only 37 percent of the white Catholic vote.... As poorly as Clinton did, the largest percentage point decrease for a Democratic candidate occurred between 2008 and 2012, which suggests that white Catholics had “soured” on Obama’s presidency before Trump declared for the presidency. Clinton should have seen this coming...
While it remains unlikely that Biden, a Catholic, will be able to pull a majority of white Catholics towards the Democratic Party in November, were he to garner 45 percent of their votes, it seems likely that Pennsylvania, Michigan and Wisconsin will again be colored blue....
The wall that Trump may have erected by November is not along the country’s southern border, but a blue one across the Rust Belt.
Suddenly, the place where I live isn't called the "Blue Wall" or the "Fire Wall" anymore. It's: "Rust Belt."
When we ceased to operate to generate power for the Democratic Party, it was back to the old insult.
In the immediate aftermath of Floyd’s killing, Klobuchar’s time as chief prosecutor for Hennepin County came back under scrutiny, specifically the lack of prosecutions she pursued in cases of police brutality....So what I hear in her effort at a high-minded statement is an undercutting of the other women who are in the running. First, Elizabeth Warren — who is not a woman of color except in her memory of younger days when family lore and a desire to identify were enough. Why step on her chances, Amy? Second, all the various black women who are in the running. Amy is ensuring that when one of them is picked, everyone will believe they were picked because of their race.
Asked if those questions about her past record on police brutality would have made it harder for her in the role of vice presidential nominee, Klobuchar said Thursday: "I think I could've functioned fine and there's a lot of untruths out there about my record and now is not the time to debate those."
Chief Justice John G. Roberts Jr. wrote the majority opinion, joined by the court’s four more liberal members in upholding the program, Deferred Action for Childhood Arrivals, or DACA.
“We do not decide whether DACA or its rescission are sound policies,” the chief justice wrote. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”... Chief Justice Roberts... said the administration may try again to provide adequate reasons for shutting down the program....
In a dissent, Justice Clarence Thomas, joined by Justices Samuel A. Alito and Neil M. Gorsuch, said the majority had been swayed by sympathy and politics. 'Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision,' Justice Thomas wrote. The court could have made clear that the solution respondents seek must come from the legislative branch. In doing so.... it has given the green light for future political battles to be fought in this court rather than where they rightfully belong — the political branches."
... Bolton has filled this book’s nearly 500 pages with minute and often extraneous details, including the time and length of routine meetings and even, at one point, a nap. Underneath it all courses a festering obsession with his enemies, both abroad (Iran, North Korea) and at home (the media, “the High-Minded,” the former defense secretary Jim Mattis). The book is bloated with self-importance, even though what it mostly recounts is Bolton not being able to accomplish very much. It toggles between two discordant registers: exceedingly tedious and slightly unhinged....
Going shooting. A boy can hope.That's the answer. I shot a gun!
The syrup, sold in a matronly woman-shaped bottle, is accused of being rooted in mammy culture and was modeled after the body of Thelma “Butterfly” McQueen, the black actress who played Prissy in “Gone With The Wind.” The Jim Crow-era “mammy” character was often used to show that black women were happy working in white households....That's news to me. I looked up Mrs. Butterworth on Wikipedia and it did not contain that information. I did learn that the voice for the character was done by Mary Kay Bergman, who looked like this:
"Her parents were Jewish," and she died by suicide at the age of 38 in 1999. She was the original lead female voice on "South Park."
Her characters included Liane Cartman, Sheila Broflovski, Shelly Marsh, Sharon Marsh, Carol McCormick and Wendy Testaburger.... Bergman credited South Park for pulling her out of a typecasting rut. 'I'm known for these sweet, cute little characters,' she said, noting her roles in various Disney films. "So I've been doing them forever. My agents were trying to submit me on shows that are edgy, and they're laughing, 'Mary Kay, are you kidding? No way!'" After Bergman's death, the two episodes "Starvin' Marvin in Space" (the final episode for which she recorded original dialogue) and "Mr. Hankey's Christmas Classics" (the final episode in which her voice was used via archive footage) were dedicated in her memory.No comment on the role of Starvin' Marvin and Mr. Hankey in the quest for progress toward racial equality. RIP Mary Kay Bergman. Watch this (it's phenomenal):
Then he remembered having heard that Americans did not speak English in any case, that they had a patois which only they could understand among themselves. The most unpleasant part of the situation to him was the fact that he would be in bed, while the American would be free to roam about the room, would enjoy all the advantages, physical and moral.
Wacko John Bolton’s “exceedingly tedious”(New York Times) book is made up of lies & fake stories. Said all good about me, in print, until the day I fired him. A disgruntled boring fool who only wanted to go to war. Never had a clue, was ostracized & happily dumped. What a dope!
— Donald J. Trump (@realDonaldTrump) June 18, 2020
They harassed the guy for 45 minutes and when he panicked and grabbed their taser, they shot him when he was running away. Then kicked him. Sorry guys, if you think that's what policing is, you should be calling in sick.That draws this sarcasm:
Why do these cops think someone like Dylann Roof should be gently apprehended (and given a cheeseburger) but a black guy should be harassed? And that he isn't expected to panic? And that those cops couldn't let him run, and go after him later?
Cops should wait until 0.1 milliseconds before the stun gun barb pierces the cornea of the eyeball before shooting the perpetrator in the kneecap of their non-dominant leg to slow him down and then snuggle him into compliance.
Forgive my cynicism, but I suspect that Roberts, being acutely aware of how politically biased his court appears, decided to select this case as a means of deflecting attention from the flood of conservative opinions yet to come. Having determined that they already lost the culture war on LGBT equality, they tossed progressives this bone, fully prepared to nullify it with a decision that it can be ignored by people with "sincerely held beliefs." They will point to this case as evidence of their neutrality.
This is an attempt not just to scare students away from my course, but to scare students away from speaking their minds, and to create a faculty and student purity test.
I have received numerous emails from students telling me I have a lot of “quiet” support at the law school, but that students are afraid to speak out for fear of career-ending false accusations of racism....
This toxic atmosphere didn’t need to take place. At a time when the law school desperately needs an adult in the room, so to speak, we have faculty and a Dean who denounce me.
I'm going to take a contrarian position on this: a lot of us have tremendous stress in our lives right now and it comes out in different ways. We're assuming the worst about her just like she's assuming the worst of McDonalds. No need to shame her. https://t.co/hQkhnisQoM
— Michael Ian Black (@michaelianblack) June 17, 2020
Silberman [wrote]... that his great-grandfather had fought for the Union as part of Ulysses S. Grant’s army and was badly wounded at Shiloh, Tennessee. His great-grandfather’s brother, meanwhile, joined the Confederate States Army and was captured at Gettysburg, Pennsylvania. “It’s important to remember that Lincoln did not fight the war to free the Slaves Indeed he was willing to put up with slavery if the Confederate States Returned,” he wrote (lack of punctuation and errant capitalization in the original, and throughout). “My great great grandfather Never owned slaves as best I can tell.”From the clerk's pushback:
[M]y maternal ancestors were enslaved in Mississippi.... [M]y ancestors would not have been involved in the philosophical and political debates about Lincoln’s true intentions, or his view on racial equality.... [Y]ou talked about your ancestors, one that fought for the confederacy and one that fought for the Union.... [N]o matter how bravely your uncle fought for the Confederacy, the foundation of his fight was a decision that he agreed more with the ideals of the Confederacy, than he did with those of the Union.Silberman, a Reagan appointee, is 84 years old. Giving him the Medal of Freedom in 2008, President George W. Bush said:
Come a little bit closerNeil was getting what was for him an unusual idea: To go out and experience the moon.
Hear what I have to say
Just like children sleeping
We could dream this night away
But there's a full moon rising
Let's go dancing in the light
We know where the music's playing
Let's go out and feel the night
Did they count obesity as a "condition" when they did that calculation?Then:
I looked at the CDC report, and I see it only counted "severe obesity (body mass index ≥40 kg/m2)" as a condition. I'm a 5'5" woman, and I would need to weigh more than 240 pounds — more than 100 pounds over normal weight — to enter that BMI range.ADDED: My son questions my observation. The factor should be lower if they included less severe conditions. I agree with him. I'm thinking in terms of being less likely to die. When you're trying to figure out how dangerous the illness is to you, you consider how likely it is for a person in your condition to die if they get the disease. Perhaps it's the case that 99.9% of those who died of the disease were obese. Of course, that's not the same as saying if you get the disease and you're obese, you have a 99.9% chance of dying. But if the overall percentage of those who get the disease and die is 0.1%, then I'd like to know what's the percentage for those who get the disease but are not obese? Is it 0.01%? That would be extremely useful information! For one thing, it would give people something to do to protect themselves: lose weight. But also, it would show us who should continue the more extreme form of social distancing and who should feel free to get out and about.
Obesity begins at a 30 BMI, which would be 180 pounds for my height. That's 60 pounds less than the weight the CDC counted as a "condition" when it did its calculation. It wouldn't be 12 times as likely but what? — 100 times? — if they'd included the merely obese. And what if they'd counted the overweight but not obese? That would go all the way down to 150 for my height. It would be useful to know, because we have some power over our own weight!
Monday’s case was focused on employment law, a provision of the Civil Rights Act of 1964 known as Title VII. But Justice Neil M. Gorsuch’s opinion used language that is likely to apply to numerous areas of law where there is language preventing discrimination “because of sex” or “on the basis of sex.” Under the ruling, discrimination based on sexual orientation and gender identity ran afoul of the standard....He's read the decision. Ha ha. Did anyone tell him it was 172 pages long before he concocted that lie? I assume it's a lie. And go ahead and bullshit that if you've read any of the opinion — a paragraph, say — you've "read the decision."
“They’ve ruled,” [President Trump] said. “I’ve read the decision, and some people were surprised, but they’ve ruled and we live with their decision.”
Madness Penny Lane Defaced 😡 pic.twitter.com/IARaqO9zcP
— 🔥🔴David McGrady🔥🔴 (@Djmc76) June 12, 2020
Most types of risky behavior — reckless driving, criminal activity, fighting, unsafe sex and binge drinking, to name just a few — peak during the late teens and early 20s.... Under calm conditions, college-age individuals can control their impulses as well as their elders, but when they are emotionally aroused, they evince the poor self-control of teenagers.... But it’s hard to think of an age during which risky behavior is more common and harder to deter than between 18 and 24....We need to keep these little monsters locked up until they're 25. Who knows what they will do with their freedom? They might party in their hallways and become cavalier about wearing masks and sanitizing their hands. There's no end to the dangers of freedom. You really cannot trust people to put safety first, week after week, month after month. At some point, they will hang out and hook up.
My pessimistic prediction is that the college and university reopening strategies under consideration will work for a few weeks before their effectiveness fizzles out. By then, many students will have become cavalier about wearing masks and sanitizing their hands. They will ignore social distancing guidelines when they want to hug old friends they run into on the way to class. They will venture out of their “families” and begin partying in their hallways with classmates from other clusters, and soon after, with those who live on other floors, in other dorms, or off campus. They will get drunk and hang out and hook up with people they don’t know well. And infections on campus — not only among students, but among the adults who come into contact with them — will begin to increase....
[U]niversities must be informed by what developmental science has taught us about how adolescents and young adults think. As someone who is well-versed in this literature, I will ask to teach remotely for the time being.
Alito has a long dissent with at least 4 appendixes, Appendix D is full of images of government forms....ADDED: From Alito's dissenting opinion, we see how much everyone pays obeisance to Justice Scalia:
kavanaugh [dissenting] ends with: "Notwithstanding my concern about the Court’s transgression of the Constitution’s separation of powers, it is appropriate to acknowledge the important victory achieved today by gay and lesbian Americans. Millions of gay and lesbian Americans have worked hard for many decades to achieve equal treatment in fact and in law. They have exhibited extraordinary vision, tenacity, and grit—battling often steep odds in the legislative and judicial arenas, not to mention in their daily lives. They have advanced powerful policy arguments and can take pride in today’s result. Under the Constitution’s separation of powers, however, I believe that it was Congress’s role, not this Court’s, to amend Title VII. I therefore must respectfully dissent from the Court's judgement. "
The Court tries to convince readers that it is merely enforcing the terms of the statute, but that is preposterous. Even as understood today, the concept of discrimination because of “sex” is different from discrimination because of “sexual orientation” or “gender identity.” And in any event, our duty is to interpret statutory terms to “mean what they conveyed to reasonable people at the time they were written.” A. Scalia & B. Garner, Reading Law: The Interpretation of Legal Texts 16 (2012) (emphasis added). If every single living American had been surveyed in 1964, it would have been hard to find any who thought that discrimination because of sex meant discrimination because of sexual orientation––not to mention gender identity, a concept that was essentially unknown at the time.I understand your argument, but right now, I am busy applauding.
The Court attempts to pass off its decision as the inevitable product of the textualist school of statutory interpretation championed by our late colleague Justice Scalia, but no one should be fooled. The Court’s opinion is like a pirate ship. It sails under a textualist flag, but what it actually represents is a theory of statutory interpretation that Justice Scalia excoriated––the theory that courts should “update” old statutes so that they better reflect the current values of society. See A. Scalia, A Matter of Interpretation 22 (1997). If the Court finds it appropriate to adopt this theory, it should own up to what it is doing.
Many will applaud today’s decision because they agree on policy grounds with the Court’s updating of Title VII. But the question in these cases is not whether discrimination because of sexual orientation or gender identity should be outlawed. The question is whether Congress did that in 1964.
By discriminating against homosexuals, the employer intentionally penalizes men for being attracted to men and women for being attracted to women. By discriminating against transgender persons, the employer unavoidably discriminates against persons with one sex identified at birth and another today. Any way you slice it, the employer intentionally refuses to hire applicants in part because of the affected individuals’ sex, even if it never learns any applicant’s sex....
We agree that homosexuality and transgender status are distinct concepts from sex. But, as we’ve seen, discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second. Nor is there any such thing as a “canon of donut holes,” in which Congress’s failure to speak directly to a specific case that falls within a more general statutory rule creates a tacit exception. Instead, when Congress chooses not to include any exceptions to a broad rule, courts apply the broad rule. And that is exactly how this Court has always approached Title VII. “Sexual harassment” is conceptually distinct from sex discrimination, but it can fall within Title VII’s sweep. Oncale, 523 U. S., at 79–80. Same with “motherhood discrimination.” See Phillips, 400 U. S., at 544. Would the employers have us reverse those cases on the theory that Congress could have spoken to those problems more specifically? Of course not. As enacted, Title VII prohibits all forms of discrimination because of sex, however they may manifest themselves or whatever other labels might attach to them.
Were media leaders in the right place to cover the horror of the early days of the outbreak, when they weren’t being kept awake by sirens? And did they overplay the violent fringes of protests, when they’ve been overwhelmingly peaceful and the city’s broader mood has been a kind of revolutionary good cheer? Walking with a television executive past boutiques on Newtown Lane in East Hampton last week, I tried to convince him that his teenage children would be fine walking around their native Upper East Side unaccompanied. During the protests, the city could look terrifying on television, and reporters on the scene faced violence, mostly from police; but the mood away from the police billy clubs was not exactly the Reign of Terror. (Though stay tuned: When The New York Times forced out the opinion editor James Bennet over a controversial column a week ago, two employees reacted in Slack with a slackmoji of the word “guillotine,” prompting internal complaints, a Times reporter said. “We encourage constructive, honest dialogue among our colleagues but there are lines that can be crossed, and this was one of them,” Times spokeswoman Eileen Murphy said in response.)
Searches for ‘British prime minister’ and ‘World War 2 generals’ called up photos of everyone else but the legendary British prime minister — just after his statue in London was defiled. The images were eventually restored. The picture of Winston Churchill suspiciously vanished from Google search results on Saturday just as the legendary British prime minister was under siege from racial justice protesters in the United Kingdom. The images reappeared about 12 hours later on Sunday, with Google saying it was an unintentional “updating issue.”The old-school belligerent male protector is disappearing from the scene, and all we've got left is old man Biden, because the women seem to think he'll have to do.
Another neighbor, Marisol De Leon, 40, said Ms. Cooper frequently walked Henry unleashed, and became irate when told not to. “There was a sense of entitlement,” Ms. De Leon said.ADDED: Bob Boyd said:
Alison Faircloth, 37, a neighbor and dog owner, recalled that last winter, she came upon Ms. Cooper on the verge of tears outside the building’s lobby. A doorman had cursed at her for no reason, Ms. Cooper told her. Ms. Cooper vowed to get the doorman fired, Ms. Faircloth said. But when Ms. Faircloth asked the doorman what had happened, he told her that Ms. Cooper had complained about a broken elevator, then cursed at him after she barged into a security booth and had to be removed by a guard.
“There’s always a narrative from her about someone who has done her wrong,” Ms. Faircloth said.
It's too bad nobody got her on video cursing the door man through her dog in a baby voice.
I'd like to see that.
Interesting how ANTIFA and other Far Left militant groups can take over a city without barely a wimpier from soft Do Nothing Democrat leadership, yet these same weak leaders become RADICAL when it comes to shutting down a state or city and its hard working, tax paying citizens!
— Donald J. Trump (@realDonaldTrump) June 14, 2020
Michael Moore: I‘m ‘Begging‘ Dems -- Don‘t Underestimate White Male Trump Supporter‘s ‘Rage,‘ ‘Emotion‘ https://t.co/IktLtIZNgZ via @BreitbartNews Well, he got it right in 2016?
— Donald J. Trump (@realDonaldTrump) June 14, 2020
[S]ome celebs have shown up to protest. Others have “opened up their purses” and lent their voices to decry racism and support detailed and specific calls for reform. But just like the rest of us, they have some problematic colleagues: Madonna celebrating her son’s interpretive solidarity dance; Ashton Kutcher posting an incongruously emotional video about Black Lives Matter that veered off on a bizarre and lengthy tangent about parenting; Ellen DeGeneres tweeting “for things to change, things must change”; Drew Brees’s willfully ignorant understanding of peaceful protests and inability to have his mind opened by the steady murders of Black people on film.... More of these bizarre blathers will surely come....Here's Madonna's son's interpretative solidarity dance. The son is black, it helps to know. You can judge for yourself. According to Madonna: "David Dances to honor and pay tribute to George and His Family and all Acts of Racism and Discrimination that happen on a daily basis in America." Yes, it's miswritten. She didn't mean "to honor... all Acts of Racism," but that is what she said.