Harvard lawprof Noah Feldman answers no to the question "Does the Supreme Court really need reform?"

"It’s worth remembering that the undoubtedly conservative Supreme Court that has existed over the last 30 years give us [sic] gay rights, gay marriage, and now statutory protection for the rights of trans people. The same court has chipped away at affirmative action, but has not (yet) eliminated it. Ditto for abortion rights. Yes, it eviscerated the Voting Rights Act, but in a way Congress could repair if it so chose. In fact, in the almost 90 years since Franklin Delano Roosevelt became president, the Supreme Court has been better for liberals than for conservatives. That could change, to be sure. But Democrats need to think hard about the dangers of changing a Supreme Court that has, in many instances, advanced the causes of equality and justice even when most of its members were self-described conservatives appointed by Republicans."

That's at Bloomberg.

It's also worth remembering that gay rights and gay marriage — along with trans rights — could have been given through statutory law and that the Supreme Court rules on a far wider array of issues than the conspicuous gay rights and abortion issues that Feldman forefronts in this effort to ward off Court reform. If the Supreme Court had not decided that abortion is a constitutional right, we would have fought over it in legislatures and, in all likelihood, it would be at least as available today as it is, probably less threatened, and it would not be such a huge factor in presidential elections and judicial appointments. 

But these are the issues that vast numbers of Americans want to think about, so it's not surprising that Feldman concentrates on them as he tries to convince liberals not to mess with the structure of the Supreme Court.

At the Saturday Night Cafe...

 ... you can write about anything.

ADDED: I'd forgotten to upload my sunrise photo so I put up the café without documenting my run to the sunrise, but here it is belatedly:

"A weird obsession with skin and blood."

 

It's a podcast about Kamala’s womb rhetoric, Obama’s cages, football patriotism, a female socialist President, bleeders, books bound in human skin, believing or disbelieving that Hunter’s laptop is real, anti-racist Boogaloo Bois, and the chimney-top dandelion.

"Insisting that the Hunter Biden laptop is fake is a trap. So is insisting that it’s real."

A WaPo headline that made me laugh. I am a little desperate for laughs, but still. I laughed. This is a column by Thomas Rid, who wrote "Active Measures: The Secret History of Disinformation and Political Warfare" and a professor of strategic studies at Johns Hopkins University’s School of Advanced International Studies. Excerpt: 

[I]n the likely continued absence of certainty either way, the Biden leaks deserve the full potential-disinformation treatment. This means three concrete things. First, every individual little fact — every email, every text, every photo — must be independently verified when data is surfaced in such a suspicious way, not just one piece of information. Genuine photos, for example, could be there simply to add credibility to forged emails surfaced along with the photos — shielding a few forgeries with genuine content would be a time-tested active measures tactic. 

Second, the absence of a denial by the Biden campaign or Hunter himself should not be treated as a tacit admission of authenticity. Mixing facts with forgeries has another time-tested effect: It sets a trap for the victim. If Hunter or the Biden campaign started selectively denying pieces of the reporting ostensibly from the laptop, they would give oxygen to the operation, extend its life-cycle and get entangled in a losing battle about discussing what’s fact and what’s not....

This second point is a response to something I said yesterday: "If they're not real, Biden would strongly, clearly assert that the emails are fake. What reason could there be to fail to make a clear assertion? I think the answer is that he knows it's an assertion that can be proven false, leaving him plainly exposed as an outrageous liar."

Rid's third point is:  "[W]e must resist the temptation to jump to premature conclusions on 'a Russian plant' without good evidence — 'classic earmarks' are not nearly enough. The Mac Shop story, and even the files, could still be genuine, no matter how unusual the setup sounds.... If we continue to ascribe too much power and influence to shadowy foreign spies, downplay our own agency and blame our domestic political problems on outside interference, then we are not only behaving like the old-school Soviet active measures playbook wants us to behave — worse, we’re becoming a little more like Russia ourselves."

"It’s easier to believe that objects of human skin are made by monsters like Nazis and serial killers, not the well-respected doctors the likes of whom parents want their children to become someday."

Says Megan Rosenbloom, author of "DARK ARCHIVES/A Librarian’s Investigation Into the Science and History of Books Bound in Human Skin," quoted in "Yes, Books Were Bound in Human Skin. An Intrepid Librarian Finds the Proof" by James Hamblin (NYT).

In fact, anthropodermic bibliopegy was not the practice of some singularly heinous regime.... Human skin leather looks indistinguishable from that of other mammals, and only recent developments in DNA sequencing technology have made it possible to tell a skin-bound book from a forgery. The making and selling of such books was pursued at many times and in many places, including late-19th-century America. John Stockton Hough, a Philadelphia physician, is known to have bound three textbooks about reproduction in the skin of Mary Lynch, a local woman who died at 28 in 1869 of tuberculosis and a parasitic infection. During an autopsy, Hough removed and preserved skin from her thighs, and then bound his books with it — presumably as a form of homage....

Rosenbloom [details]... the techniques of tanning, soaking and scraping the “hides” to preserve them. At times her descriptions seem gratuitously to indulge the same morbid fascination that has long drawn people to these objects....

Cremated remains are manufactured into all sorts of keepsakes: paperweights, gazing balls, blown-glass "art," jewelry. Is that more acceptable because it's processed into glass and retains none of the feeling of a human body?

What if a dying person wanted her skin used to make a keepsake book? My hypothetical requires the future dead body to want to be used to make a book — what book would you want to be if you wanted to be a book? — and someone who wanted to receive such a book. Presumably, the cost would be high, so deduct that from your inheritance before you say, sure, I'd love a copy of "12 Rules for Life/An Antidote to Chaos" bound in the skin of my late father. 

Bleeders.

The term” female” is outdated and disrespectful.

From now on, I demand to be referred to as a bleeder. https://t.co/7jUwBVjPNk

— Titania McGrath (@TitaniaMcGrath) October 24, 2020

"By the way, Kamala will not be your first female president. She will not be your first female president. That’s not the way it’s supposed to be."

"We’re not supposed to have the socialist… Look, we’re not going to be a socialist nation. We’re not going to have a socialist president, especially any female socialist president. We’re not going to have it. We’re not going to put up with it. It’s not going to happen." 

Said Trump, at his rally in The Villages, Florida. Transcript. He chuckles over "especially a female socialist president" — so it's a joke, an inside joke for you people who think women are irrational and disabled by empathy. 

Presumably, he realizes that many of us are picturing Joe Biden stepping — or getting pushed  — aside soon after he wins, if he wins, and Kamala Harris elevated to the presidency. Trump is scaring us about socialism and mixing in the idea that socialism presided over by a female is an especially dangerous form of socialism. He does go on to say that Harris is the most liberal member of the Senate, so there's something especially dangerous about Harris's "socialism," but he does say "any female socialist president," so he frames it as a stereotype of women. I see that he's using that form in a kind of stand-up comedian mode, and I recognize it as humor, but it only works as humor because the stereotype is understood and has some relationship to what people believe is true. 

Should Trump have said "especially any female socialist president"?

Yes, because women are highly empathetic, and it is a real problem.

Yes, because it's a funny joke to ordinary people.

No, because it doesn't help the cause of equality.

No, because it fuels accusations of sexism.

 

pollcode.com free polls

"The NBA and the NFL are struggling with lower ratings, as fans clearly do not want political messaging mixed with their sports."

"So how should the leagues support and promote an anti-racism position without becoming political and alienating fans?" — Brett Favre asked President Trump (at the White House), WaPo reports, here.

Trump said the sports leagues could “promote an anti-racism position without becoming political and alienating fans,” but they need the players to "stand and salute, or put their hand over their heart, or at least stand for the national anthem and salute" — “They’re going to have to start respecting our country. It’s very simple. And you start by respecting our flag."

"But if Biden wins, your borders will be gone and your country will be gone, frankly. Look, this is not a man that’s capable."

"When I meet with these heads of state, the one thing I can tell you, they’re sharp. They’re sharp. They’re not off. They’re sharp. This is not a man that can handle the job.... All he talks about is COVID, COVID, COVID because they want to scare people. And we’ve done so well with it. Now it’s 99.8%. I mean, you look at what’s going on and we’re rounding the turn. We’re rounding the corner. We’re rounding the corner beautifully. But Joe Biden was very disrespectful last night to President Barack Hussein Obama.... At last night’s debate, though, he was very disrespectful, really disrespectful. When he said that he, Joe, was vice president, not president, blaming Obama when trying to make excuses for the failed immigration policies, right? You saw that? 'I wasn’t the president. It was him.' Because we talked about cages, right? I said, 'Joe, you built the cages.' Remember, they tried to say 'cages for children.' And they said, 'Trump built cages.' And then they found out it was a little problem. There was a picture in the New York Times, the failing New York Times.... It was built under Obama/Sleepy Joe Biden. And so did you notice when I kept saying, 'Why did you build the cages, Joe? Why did you?' And he just kept talking. He didn’t want any part of it. But they started it. If you want jobs, safety, and borders, you have to vote for the party of Abraham Lincoln, Honest Abe. Vote Republican."

Said President Trump at a rally in The Villages, Florida yesterday. Transcript.

"If you are black and hold elected office in America, coming to Atlanta is like coming back to the womb."

Said Kamala Harris, yesterday in Atlanta. Transcript.  

[Donald Trump] had the gall... to suggest that he keeps a ledger, and you’re on one side of his ledger if you don’t wear a mask, you’re on another side of his ledger if you wear a mask. And now look where we are. Now look where we are.… 

Even before he was running for office when he questioned the legitimacy of the birthplace of the first black president of the United States, has been so weirdly obsessed with trying to get rid of whatever Barack Obama created. Think about that. We don’t need presidents who have weird obsessions. What is that about?... 

We don’t need presidents who have weird obsessions — that's a striking line, but a devious insinuation. What is that about? The Atlantans — who make black politicians feel like they're in a womb — are expected to complete the thought: It's about Donald Trump being a racist.

We are looking at families that are getting up at the crack of dawn, to drive to sit in their car in a food line for hours. Praying that they can get to the end of the line before the food runs out. One in five mothers in America is describing her children under the age of 12 as being hungry. We’re in the midst of a hunger crisis in America.... 

There is support for that factual assertion here.  Back to the transcript:

[Donald Trump] measures how well the economy is doing based on the stock market. Who measures how well the economy is doing based on how rich people are doing. Who as one of his first orders of business, passed a tax bill benefiting the top 1% and the biggest corporations of America. I will tell you, Joe Biden and I will make it one of our highest priorities to get rid of that tax bill, and do what we know needs to be done to invest that money in working families....

 [Donald Trump] refuses and will never say, “Black lives matter.” And then have the gall to stand on that debate stage at the last debate in front of 70 million Americans, and would not condemn white supremacists.

She means the first debate, and of course, he did condemn white supremacists when asked, though he's been criticized for failing to say it strongly enough. 

And people have asked me, they say, “Well, Senator Harris… ” By the way senator is not on my birth certificate. It’s Kamala. 

Harris's predecessor in that Senate seat, Barbara Boxer, famously rankled when she was not addressed as Senator Boxer. Presumably, Boxer realized afterward that her prickly haughtiness looked ridiculous, and clearly Kamala believes she needs to present herself as warm and folksy. It can seem phony, but it's a standard approach for male politicians, so don't give the female politician any less tolerance. But that's just a quick aside as she cues up the familiar Trump-is-a-racist litany:

And they say, “Well, do you think… Are you saying? Do you think he’s a racist?” Yes, yes. Because you see, it’s not like it’s some random one off. We’ve seen that pattern going back to him questioning the legitimacy of Barack Obama, going back to Charlottesville. When people were peacefully protesting racial injustice in America, a woman was killed. And on the other side, you had a bunch of neo-Nazis wearing swastikas, carrying Tiki torches, slurring, throwing out anti-Semitic and racist slurs, and Donald Trump said, “Well, there are fine people on both sides.” A president of the United States who referred to Mexicans as rapists and criminals. A president of the United States who made as one of his first policy initiatives, a ban on Muslims entering our country. And then stood on that stage and would not condemn known white supremacist, and then double down and said, “Well, they should stand back and stand by.” This is not reflective of who we believe we are as a nation. We need a president who acknowledges systemic racism, who acknowledges the history of America, and uses that bully pulpit and that microphone, in a way that speaks truth with an intention to address the inequities and bring our country together. And that is Joe Biden. 

The chimney dandelion.

 

Photo by Meade. I don't go on the roof!

Write about whatever you want in the comments.

"In the wake of protests following the May 25 killing of George Floyd, a member of the 'Boogaloo Bois' opened fire on Minneapolis Police Third Precinct with an AK-47-style gun and screamed 'Justice for Floyd'..."

"... as he ran away, according to a federal complaint made public Friday. A sworn affidavit by the FBI underlying the complaint reveals new details about a far-right anti-government group’s coordinated role in the violence that roiled through civil unrest over Floyd’s death while in police custody. Ivan Harrison Hunter, a 26-year-old from Boerne, Texas, is charged with one count of interstate travel to incite a riot for his alleged role in ramping up violence during the protests in Minneapolis on May 27 and 28. According to charges, Hunter, wearing a skull mask and tactical gear, shot 13 rounds at the south Minneapolis police headquarters while people were inside. He also looted and helped set the building ablaze, according to the complaint, which was filed Monday under seal.... As police clashed with protesters, Hunter and other members of the Boogaloo Bois discussed in private Facebook messages their plans to travel to Minneapolis and rally... 'Lock and load boys. Boog flags are in the air, and the national network is going off,' the complaint states... 'Go for police buildings,' Hunter told [another Boogaloo member], according to charging documents.... Hunter had bragged about his role in the Minneapolis riots on Facebook, publicly proclaiming, 'I helped the community burn down that police station' and 'I didn’t’ protest peacefully Dude ... Want something to change? Start risking felonies for what is good.'"

From "Charges: Boogaloo Bois fired on Minneapolis police precinct, shouted 'Justice for Floyd'/Feds say Ivan Harrison Hunter helped burn and loot the Third Precinct building as part of a coordinated attack from the far-right group trying to ignite an American civil war" (Minneapolis Star Tribune).

To what extent are "Boogaloo Bois" associated with anti-racism? There are some useful links at Wikipedia article "Boogaloo Movement." Look for the footnotes at the line "There are also groups that condemn racism and white supremacy, although attempts by some individual elements of the movement to support anti-racist groups and movements such as Black Lives Matter have been met with wariness and skepticism as researchers are unsure if they are genuine or meant to obscure the movement's actual objectives."

"Absurd, stunning, insane overlords."

 

 It's a podcast. Topics — 

Biden said he’d end the oil industry, Ghislaine Maxwell’s nonabsurd deposition, what “is” is, a passion for ponies, McConnell’s bruises, the media help Joe Biden, Sean Ono Lennon calls Facebook “insane overlords,” and Johnny Rotten demonstrate how to love your wife to the very end.

"Mr. Biden was given ample opportunity to deny the authenticity or facts of the Bobulinski information at Thursday’s debate; he didn’t..."

"... A call to Hunter Biden’s attorney was not returned by our deadline. All of this is news. The press corps that is ignoring it spent four years writing about Donald Trump’s Moscow business. The correspondence meanwhile blows up Rep. Adam Schiff’s claim that the Hunter story is Russian 'disinformation.' It raises real concerns about what security risks Hunter might pose for a Biden administration. And it raises questions about Joe Biden’s involvement. The former vice president is running on trust and good judgment. The Hunter tale is at best the story of a wayward son and indulgent father. At worst, it is an example of the entire Biden clan cashing in on its name with a U.S. rival...."

From "The Biden ‘Family Legacy’/What we learned from the text messages of Hunter’s partner Tony Bobulinski" by Kimberley Strassel (Wall Street Journal). No paywall encountered. Lots of detail about what's in the texts — too much to cut and paste.

"I don’t understand what you mean by ‘female.’ I don’t understand what you mean by ‘recruit.’... What do you mean by ‘romantic’?... What do you mean by ‘know’?... What do you mean by ‘prostitution’?... What’s a sex toy?... I don’t know what you mean, if she looked like a child.... What do you mean by ‘school’? Let’s characterize ‘school.’"

Questions asked by Ghislaine Maxwell during her deposition that shed some light on why the thing is so terribly long but yields no juicy information, quoted in a NY Post column, "Inside Ghislaine Maxwell’s absurd deposition — ‘What do you mean by ‘prostitution’?"

It doesn't sound the slightest bit absurd. It sounds extremely intelligent, situationally aware, and laser-focused. 

"While riding her beloved horse she had words with her mother, nothing more than a lot of close relationships encounter.... The tragedy is that she had the world at her feet, horses and ponies were her passion and would have been throughout her life."

Wrote the assistant coroner, quoted in "Equestrian, 16, kills herself near stable after mom tells her to ride slower" (NY Post).