"American Idol" -- Las Vegas.

42 minutes into it -- has anyone been good yet? Las Vegas is all about delusion, apparently.

"I came to realize my life in this audition," says Haggai Yedidya, who's wearing a shirt covered in American flags. He sings "God Bless the U.S.A." in a heavy accent -- and a terrible, out-of-key voice. Afterwards, he claims to have perfect pitch and slams the judges for failing to make eye contact.

"I'm conceited, and I am good at what I do," says Princess Brewer, who compares herself to Aretha Franklin. She's loud, but horrendous. "Stop it, stop it," chants Simon. "There were sweet moments in there," says Paula. "Those high notes were just... whoa!" says Randy.

"I am good. If they would just let me sing another dang song," says one unnamed crying fool.

They save Taylor Hicks for last. He's got prematurely gray hair. "A Change Is Gonna Come," one of the best songs ever. He sings with his hands clasped behind his back and his eyes closed. He does a second song, clapping and contorting almost like Joe Cocker. Simon says personality is important, which Paula takes as a cue to praise him for his nice personality, but that's the opposite of what Simon had in mind. [ADDED: He gets through, without Simon's vote.]

Oh, now they are reminding of the one good singer from the beginning. There was this tiny girl with the names of two cities: Mecca Madison. She sings "Hey Big Spender" -- a prostitute's song and gets through.

That's all for Las Vegas!

"The State of the Union is strong."

You knew he'd say that, and he did.

There's John Roberts, chatting and laughing with Condoleezza Rice. On his other side is Clarence Thomas, then Stephen Breyer, who's looking happy if wizened, and he's next to Samuel Alito, who's looking truly vibrant. He must feel great. He's hanging out with Breyer. We see a close up of Alito, and he seems to be pulling in his smile, as if maybe it's in bad taste to over-beam right now. No Sandra Day O'Connor, unless she's stashed away somewhere else. No Scalia. No Souter. No Stevens. No Ruth Bader Ginsburg.

There's Laura in a pink suit.

Bush's first words are about Coretta Scott King.

He speaks of bipartisanship, and then confidence pursuing American interests, as opposed to timid withdrawal. "The only way to protect our people... is by our leadership." Bipartisanship, but we're not pulling out. "We seek the end of tyranny in our world."

"We will act boldly in freedom's cause... We're writing a new chapter in the history of self-government." Security demands freedom everywhere, including Iran.

Bush decries "radical Islam, the perversion by a few of a noble faith into an ideology of terror and death."

"The United States will not retreat from the world, and we will never surrender to evil." Applause. We see John Kerry giving a very quick standing ovation.

Progress in Iraq. Some grim faces in the audience, but there's Lieberman clapping. Bush looks happy, with a sneaking smile and crinkling eyes. "We are winning."

He accepts "responsible criticism": "Yet there is a difference between responsible criticism that aims for success, and defeatism that refuses to acknowledge anything but failure. Hindsight alone is not wisdom. And second-guessing is not a strategy." After he says that, there is applause and his face is set, then suddenly his jaw rotates in a truly bizarre way. What was that? What emotion, held in, burst out right there? He's pissed at his opponents! "A sudden withdrawal of our forces from Iraq would abandon our Iraqi allies to death and prison." The camera fixes on John Kerry, who's looking down, perhaps following the script, perhaps wondering when this part would finally be over. Anything domestic coming up? Because this is getting old.

He processes the disheartening news of the Palestinian election: "The Palestinian people have voted in elections – now the leaders of Hamas must recognize Israel, disarm, reject terrorism, and work for lasting peace." He sticks to his beliefs in democracy: "Yet liberty is the future of every nation in the Middle East, because liberty is the right and hope of all humanity." He speaks to the people of Iran: "Our Nation hopes one day to be the closest of friends with a free and democratic Iran."

He defends his surveillance program. After 9/11, there was criticism of failure to "connect the dots." "This terrorist surveillance program has helped prevent terrorist attacks. It remains essential to the security of America. If there are people inside our country who are talking with al-Qaida, we want to know about it – because we will not sit back and wait to be hit again." He says this last part with angry conviction. He is confident in this position, and I think this expression will be convincing to most listeners. There's a rousing standing ovation on one side of the aisle. On the other side, everyone's seated. We see Hillary Clinton, smiling quite brilliantly, but shaking her head in a Bush-is-wrong-as-usual way.

He's against "economic retreat." Being against retreat is the night's rhetorical device. His opponents, we're to think, want retreat.

"Make the tax cuts permanent." To let them end would be retreat, after all.

John McCain has been looking grim all night, but when Bush says "earmark reform" he beats his hands together wildly.

Is every female member of Congress wearing red? Nearly. Condi's in beige.

Social security... borders... health care. The health care topic includes medical malpractice reform.

"America is addicted to oil." Solution: technology.

Education.

Crime... welfare.... drugs... abortion. Things are getting better: "These gains are evidence of a quiet transformation – a revolution of conscience, in which a rising generation is finding that a life of personal responsibility is a life of fulfillment." People need to be ethical, with some help from government, and correspondingly, government needs to be ethical: people are "concerned about unethical conduct by public officials, and discouraged by activist courts that try to redefine marriage." Wait! That's a strange linkage! Corrupt elected officials and "activist" courts? Courts finding too many rights aren't being immoral or unethical, though they are disappointing people with a conservative social agenda. These folks want moral elected officials. But those of us who favor strong judicial support for individual rights are also opposed to government corruption. It's a slap in the face to put these things in the same category.

"The Supreme Court now has two superb new members, Chief Justice John Roberts and Justice Sam Alito." We see each justice as he is named. Roberts has a clenched jaw and a downturned mouth that somehow reads as a proud smile. Alito has a similar serious face to start but then he breaks into a nice grin. Bush expresses thanks to Sandra Day O'Connor. But she's not there.

"Human life is a gift from our Creator," so don't mess with embryos. Interesting that this topic follows the part about the Supreme Court, isn't it?

Children... hurricane relief... poverty... bring hope to everyone. HIV/AIDS... end the waiting list for medicine.

Human beings determine the course of history. We have choices to make. "And so we move forward – optimistic about our country, faithful to its cause, and confident of victories to come."

A nice, vigorous speech. Full of optimism and courage. Ack! Now the NBC commentators come on and talk first about the "deep divisions" in the room. The Republicans applauded a lot more than the Democrats. Isn't that disturbing? "We just plain disagree on every fundamental issue that is confronting this country," Tim Russert says in a dire tone. What can Bush get done? Very little! Hey, forget your damned optimism and get depressed fast, people.

Enough for me. I'm switching over the the TiVo'd "American Idol."

A perspective on moving.

If you faced the question today whether you would buy the house you live in now at its current market price or that other place you're thinking of:



Which would you pick? If it would be completely absurd to buy your current house today, does that mean you should move?

Alito is confirmed.

The Court's new era begins. Goodbye to Sandra Day O'Connor. I have long been a great admirer of hers. This is the first moment in history when the number of women on the Court has declined, unfortunately. But Samuel Alito and John Roberts are brilliant newcomers, and they should serve us well.

The Oscar nominees.

Here. Comments?

UPDATE: The nominated films are unusually dark and dreary this year, aren't they? Of the films with major nominations, I've only seen "Capote" and "A History of Violence," both of which I thought were reasonably good, but not that good. Seeing these nominations scarcely makes me any more likely to go to the movies than I was before. And I'm much less likely than usual to watch the awards show. There's nothing awardsy about these films, nothing big and glamorous. And where are the women? Mostly, it looks like a parade of trudging, depressing men. The only note of feminine charm is "Pride and Prejudice."

MORE: Seeing the nominations did cause me to buy a DVD: "Crash." I think it may have the momentum. I'll try to develop an opinion about whether it deserves it. And I watched a new DVD yesterday -- it's like I'm on a film-watching spree -- "The Aristocrats." A pretty good documentary about what it means to tell a joke.

"It was the right battle at the right time, and the right cause."

Senator Kennedy defends his futile filibuster attempt.

Mr. Kennedy and Senator John Kerry, both of Massachusetts, argued for an effort at a filibuster during a Democratic caucus meeting last Wednesday, provoking a passionate debate. Many Democrats have grumbled privately since then that mounting a doomed filibuster would only expose senators from conservative states to political heat....

"There was a difference in terms of strategy," [Kennedy] said, "but not on the substantive issue, which is the overriding issue, Judge Alito."

Here's something Kennedy said while arguing for the filibuster:

"We have a responsibility to try to present this to the American people"...

"What's the next measure on the calendar? Asbestos? Isn't that interesting?" he continued. "Anything more important than spending time and permitting the American people to understand this issue? I don't believe so."

Yeah, the asbestos litigation problem is a big bore. Why rush to try solve a difficult problem that we've gotten away with ignoring for decades when we can pontificate about a lost cause? But the fact is there's no rush at all to get to the subject of asbestos, because, for the Democrats, it's just another matter for filibuster anyway.

"The four things that I look for in a wife are character, personality, intelligence and beauty."

"And you have them all," said the Reverend Dr. Martin Luther King.

RIP Coretta Scott King.

Requiring health care professionals to report underage sexual activity?

The NYT reports:

A federal trial opened here Monday over whether a Kansas law prohibiting virtually all sexual activity by people under age 16 means health care professionals and educators must report such behavior to state authorities, which some say would stop many teenagers from seeking contraception or treatment for sexually transmitted diseases.

The class-action lawsuit stems from a 2003 opinion by the Kansas attorney general, Phill Kline, a conservative Republican who has developed a national reputation for fighting abortion....

Mr. Kline's interpretation of the law focused mainly on the reporting duty of abortion providers, arguing that any pregnant, unmarried minor had by definition been the victim of rape or abuse. But it included a broad mandate for reporting whenever "compelling evidence of sexual interaction is present."...

"If they know what they tell me is reported, they simply won't talk," said Beth McGilley, a Wichita therapist who is among the plaintiffs, referring to both teenage clients and adults who often consult her about their children's sexual exploration.

It's a harsh policy, but is it unconstitutional?

Bonnie Scott Jones, a lawyer for the Center for Reproductive Rights in New York, which is representing the plaintiffs, said in her opening statement that Mr. Kline's "dragnet approach" to amassing information on under-age sex violated minors' privacy rights and the Constitution's equal protection clause, and that it "seriously endangers the health and well-being of adolescents."...

Steve Alexander, an assistant attorney general defending the suit, said the Kansas statute meant that those younger than 16 could not consent to sex, and that those violating the law forfeited any privacy rights.

"Illegal sexual activity by minors can lead to S.T.D.'s, unwanted pregnancies, abortion, depression, mental illness," Mr. Alexander said. "To pretend otherwise is foolish."

Surely, you don't want to pretend anything foolish.

Actually, I'd like to see more of what the legal arguments are here. It looks as though the case is mostly about interpreting a state statute, but there is also a constitutional attack. Presumably, the constitutional attack is both part of the argument for narrowly construing the statute and a device to get the case into federal court. Shouldn't the federal court abstain and let the state court interpret the state statute?

"This cheap and tawdry imitation of English royalty."

That's what Woodrow Wilson said [CORRECTION: caused a senator to say] about the State of the Union address, as quoted in this NYT op-ed by Francis Wilkinson, who says the President's constitutionally required annual message ought to be delivered in writing. That was the way Thomas Jefferson did it. It's not that Wilkinson's against speeches. In fact, he's a speechwriter. But:

When presidents exhale the breath of history — "The only thing we have to fear is fear itself," or, "Mr. Gorbachev, tear down this wall!" — they invariably do it someplace other than in the State of the Union. A rhetorical omnibus making all local stops, the speech conveys a year's worth of departmental hackwork. In "Lend Me Your Ears," William Safire's compilation of great speeches, not one State of the Union address makes the table of contents.

And then there's the way the State of the Union isn't about the state of the union:

The State of the Union is all about His Majesty, the president. Is he master of Congress or supplicant? How far will his poll numbers rise? How did he perform? Mr. Bush may not like French, but the address is the embodiment of "L'état, c'est moi," transforming citizens into subjects, much as Jefferson feared....

Manipulation is the essence of the game, after all, and because no one ever stops playing it, the president is expected to exploit his free shot at the goal for all it's worth.

But what's the problem, really? I know a perfect way to force the President to deliver his speech in writing, in my little world. I leave the TV off, and I read the text in the paper. You can do it too. So let George Bush have his fun tonight making a roomful of erstwhile blabbermouths sit there and listen to him for an hour and perform the tedious clapping/not clapping ritual. And skip the commentators. You don't need to know the precise number of times they clapped and the lengths of the various clappings.

I see there's a second State-of-the-Union-is-no-damned-good op-ed. It's got a hilarious quote from one of Warren Harding's SOTUs:

"The motor car reflects our standard of living and gauges the speed of our present life. It long ago ran down Simple Living, and never halted to inquire about the prostrate figure which fell as its victim."

A "trashily facile" novel about "the rich and overprivileged, grotesquely set against the backdrop of 9/11."

Jay McInerney -- that 80s hipster of a novelist -- has a new novel. Michiko Kakutani has a review:

"The Good Life," in contrast, is at its most powerful in chronicling its characters' romantic and familial travails, and at its most ham-handed in its attempts at social satire. Indeed the novel is a bizarre mix of the genuinely moving and the trashily facile, the psychologically astute and the ridiculously clichéd; part of it aspires to create an F. Scott Fitzgerald-esque romance, and part sags to the level of a Judith Krantz tale about the rich and overprivileged, grotesquely set against the backdrop of 9/11....

These sections of "The Good Life," which often lie submerged amid pages and pages of embarrassing writing, suggest that the author has both the desire and the ability to move beyond the glibness of his recent fiction and to tackle more than facile chronicles of fizzy life in the fast lane. In fact, this flawed novel suggests that just as so many of Mr. McInerney's characters dream of reinventing themselves, so, perhaps, is the author struggling to find a way to reinvent himself as a writer.

Too bad these author struggles don't take the form of doing another draft -- I say glibly, from the safety of my place in a writing form that is all about forgoing drafts.

"I want those 19 Democrats' heads on a platter!!!"

Here's the DailyKos live comment response to the cloture vote on Alito, which was 72-25. There's a lot of outrage:

WTF?! I was expecting a close call. Not a mere 25. What happened?

i'm pissed. ...everyone of those dems who voted for cloture should be brought down

Blook making.

RLC has gotten a book made out of 90 of his blog posts -- mainly his fiction posts -- using a service called iUniverse. The fiction posts should work especially well redone in book pages, because they don't depend at all on links. A key problem with making a book out of your blog is that the bloggiest things can't be ripped away from their links. It's a good idea for some bloggers to defy some blogging conventions so that their posts are bookifiable. I know RLC realized this from the start.

Radio: "Generation Alito."

I'll be on Open Source Radio tonight at 7 ET/6 CT, doing a show I mentioned before, that got rescheduled. Go here to see all the stations or to stream the audio.

UPDATE: You can stream the audio here. The students do a great job. They're articulate, passionate, and idealistic -- from both the conservative and the liberal side. I'm there too.

Why is "American Idol" even more popular now?

You'd think people would tire of the formula. But no. The popularity of the already top-rated show is way up. The linked article doesn't offer any real ideas about why this is happening. I'm in too much of a hurry to come up with anything at the moment, so comment away.

How to use the little time you have left.

A man given just months to live writes a guidebook on how to die:

[Eugene O'Kelly] knew it was strange to be making a to-do list two days after learning he had three brain tumors; he also knew it was strange to count nearly a thousand people to whom he needed to say goodbye. But he clung to the role of good, methodical business manager because it worked for him. He would rethink dying from the ground up, so to speak. Then he would live differently during 1 percent of the 10,000 days he thought he had coming, having assumed he would survive into his late 70's. About 100 days were all he had left....

But "Chasing Daylight" is far from uniformly flattering. It reveals a chilly, manipulative side to Mr. O'Kelly — or, as Mrs. O'Kelly puts it, "a 'cut to the chase' approach that had made him so successful in business but could sometimes come off as abrupt in personal interactions." When he set out to bid farewell to everyone he knew, one at a time, the meetings were arranged strictly on his terms. But it is the crumbling of this very rigidity that makes the book affecting. The author taught himself new survival strategies when the habits of a lifetime failed him.

Saying goodbye individually to a thousand people? That strikes me as a very strange way to use a small amount of time well.

Sane talk on the NSA controversy.

Texas Lawprof Philip Bobbitt has a NYT op-ed on the NSA spying controversy:

IN the debate over whether the National Security Agency's eavesdropping violated the Foreign Intelligence Surveillance Act, we must not lose sight of the fact that the world we entered on 9/11 will require rewriting that statute and other laws. The tiresome pas de deux between rigid civil libertarians in denial of reality and an overaggressive executive branch seemingly heedless of the law, while comforting to partisans of both groups, is not in the national interest....

This is not to play down the damage done to our war aims by the executive branch's repeated appearance of an indifference to law. A president does have an obligation to assess the constitutionality of statutes, but when he secretly decides a measure is unconstitutional and neglects to say so (much less why), he undermines the very system of public consent for which we are fighting. Having said that, we also must not be so absorbed by questions of statutory construction that we ignore the revolutionary political and technological events that are transforming the world in which our laws must function.

Well said.