Where's the Outrage?

I’m sorry, but the phobia or contagion that has swept California (and the nation) is completely baffling to me. I don’t understand how you go to the ballot box and say we should discriminate against this class of people. I do understand from a religious standpoint that some religious institutions would not want to marry gay couples. That’s fine. On the other hand, from a state standpoint, the state should not be in the business of institutionalizing discrimination.

Court Decision.

From Balkinization:

The following appears today (in slightly edited form) on the New York Times Subject to Debate website, along with contributions from Kenji Yoshino and Eugene Volokh:

Today’s federal district court decision striking down California’s same-sex marriage ban may or may not be upheld on appeal. But it shows why it matters what district courts do, even though the Supreme Court will have the last word. That Court may uphold state bans on same-sex marriage, but the district court’s opinion will make that harder to do.

District Judge Vaughn Walker turned in a virtuoso performance, taking the obvious weaknesses of his position as author of an opinion that was sure to be appealed, and turning them into strengths.

District court conclusions of law always get examined anew by the appeals courts, first the federal Courts of Appeals and, if it can be persuaded to take the case, the Supreme Court. There’s no reason to feel confident that there are five votes on the Supreme Court to legalize same-sex marriage throughout the United States. (When I try to count the votes of which I’m sure, I have trouble getting to one.) District courts do, however, get to find facts. And appellate courts, because they don’t get to see the witnesses and assess their credibility, are supposed to accept the facts as the trial court found them.

So if the Supreme Court reverses the district court’s decision that same-sex couples have a right to marry, it will have to do it in the teeth of Walker’s factual findings that same-sex marriage is good for gay people and the children they raise (one out of five same-sex couples in California are raising children), that there are no discernible differences between same-sex and opposite-sex couples, that “domestic partnerships” offer fewer benefits than marriage and irrationally stigmatize same-sex relationships as inferior, that recognition of same-sex couples’ right to marry does no detectable harm to heterosexual marriages, and that the campaign for Proposition 8, which outlawed same-sex marriage in California, relied on prejudice and vicious antigay stereotypes, such as the idea that gay people are dangerous to children.

Judge Walker carefully avoided resting his holding on any controversial proposition of law, such as the idea that gay people should be regarded as a specially protected minority under the Fourteenth Amendment. Instead, he relied on law already laid down by the Supreme Court. He held that Proposition 8 lacked a rational basis, because the “facts” that were invoked in its defense were manifestly false. His job was made easier by the remarkable incompetence of Proposition 8’s defenders in managing their listed expert witnesses, most of whom never testified at all. An appeals court that wants to ignore his findings of fact – something that can be done only if the trial court’s findings are plainly erroneous – will find very little support in the record.

The Supreme Court gets to say what the law is. But it has to accompany its judgment with a reasoned opinion. I don’t envy the judge who has to write the opinion overturning Walker’s decision, while treating these findings of fact with the deference that is normally appropriate for appeals courts.

Tags: Civil Rights by ecthompson
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A Bush appointed judge disappoints conservatives by applying the law.  Gays and lesbians can marry, at least for now. I’m very confused as to why this is a big deal in our country.

From the Ruling:

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

From the LA Times:

A federal judge declared California’s ban on same-sex marriage unconstitutional Wednesday, saying that no legitimate state interest justified treating gay and lesbian couples differently from others and that “moral disapproval” was not enough to save the voter-passed Proposition 8.

California “has no interest in differentiating between same-sex and opposite-sex unions,” U.S. District Chief Judge Vaughn R. Walker said in his 136-page ruling.

The ruling was the first in the country to strike down a marriage ban on federal constitutional grounds. Previous cases have cited state constitutions.

Lawyers on both sides expect the ruling to be appealed and ultimately reach the U.S. Supreme Court during the next few years.

It is unclear whether California will conduct any same-sex weddings during that time. Walker stayed his ruling at least until Friday, when he will hold another hearing.

In striking down Proposition 8, Walker said the ban violated the federal constitutional guarantees of equal protection and of due process.

Tags: Civil Rights by ecthompson
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This morning I watched the Rachel Maddow Show on-line. She was talking about the connection between ACORN, Van Jones, the New Black Panthers and Shirley Sherrod. I thought it was Brilliant.

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I talked about this today on Local Edge Radio. Many people never evolve. Some you do change never talk about it because in today’s world it is showing weakness. Shirley Sherrod changed her world view and had the nerve to talk about it. She should be bronzed.

From Glen Greenwald:

Everyone is presumably aware by now of the facts surrounding the disgusting fraud perpetrated on Shirley Sherrod, engineered by Andrew Breitbart, amplified by Fox News, and meekly submitted to by the Obama administration.  Those who aren’t can read excellent commentary from Jamelle Bouie, Joan Walsh, and Chris Martinez.  Much has been written about the incomparable sleaze of Breitbart, the standard propaganda boost from Fox News, and the typical cowardice of the administration in the face of such attacks.  All of that is well established by now and quite unsurprising, so I want to focus on what ought to be the enduring lesson from this ugly episode:  the courage of Shirley Sherrod.

Just as CNN fired Octavia Nasr for one of the few insightful and interesting observations she ever voiced about the Middle East, Sherrod’s speech — which caused her to be fired — is simply inspiring in its uncommon candor, courage and wisdom.  Few people are willing so publicly to confess to tribal biases and detail how they struggle to overcome them, even though that’s a challenge whichany person who evolves at some point must confront.  That process — far more than the pretense of having always been bias-free — requires difficult self-examination, and its public discussion offers vitally needed lessons for everyone.  Many people are unwilling ever to engage that process privately, let alone candidly describe it publicly.  Those with the courage to do so, like Sherrod, should be heralded for that candor.  Instead, she was slandered, falsely disparaged, and fired.

Contrary to the excuse being offered by those who did all of that, her actual message — that she was plagued by racial biases decades ago and overcame them with the recognition that it is poverty that unites people in need — was clearly evident even from the deceitfully edited Breitbart video.  This is part of what she said on that edited video:

That’s when it was revealed to me that it’s about poor versus those who have.  And not so much about white. It is about white and black, but you know — it opened my eyes.

But – just as happened with Octavia Nasr and so many before her,including the now-destroyed ACORN — the blinding, lying,depressingly common right-wing hysteria churned out by Brietbart/Fox meant that no nuances were permitted, no reason could breathe, and few people had the courage to defend Sherrod or even demand that she be allowed to speak before being thrown to the trash heap. (more…)

Tags: Civil Rights, Party Politics, Race, Rachel Maddow Show by ecthompson
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I barely remembered this. All I remember was shock that the city of Philadelphia would bomb it own citizens. Very weird and tragic.

From the Philadelphia Inquirer:

MOVE members and their supporters gathered at City Hall yesterday afternoon to mark today’s 25-year anniversary of the Osage Avenue disaster.

“We never ever want anyone to forget the vicious murder of our family,” said MOVE member Pam Africa.

“These people dropped a bomb and did that to stop us from exposing what’s wrong in the system.”

Carrying posters bearing the name of MOVE founder John Africa and signs with the face of convicted cop-killer Mumia Abu-Jamal, about 40 peaceful demonstrators listened to speakers and handed out fliers to passers-by.

May 13, 1985, was the day Philadelphia police dropped a bomb on the roof of the fortified MOVE house, sparking a fire that killed 11 people and destroyed an entire city block. (more…)

A little more from another article in the Philadelphia Inquirer:

The MOVE Commission investigating the events of May 13 was critical in its findings. “The plan to bomb the MOVE house was reckless, ill-conceived and hastily approved. Dropping a bomb on an occupied rowhouse was unconscionable and should have been rejected out of hand . . .” by the mayor, the managing director, the police commissioner, and the fire commissioner.

Charles W. Bowser, a member of the MOVE Commission, wrote separately that “Mayor Goode cannot be held responsible for the dark tragedy of May 13 for the worst reason of all: He was not leading when it counted the most.”

But Goode is not interested in second-guessing. Instead, he has distilled the MOVE catastrophe into a handful of lessons.

First: “Make sure you understood what the total plan is before authorization to do it,” he said. Goode was criticized for delegating too much authority to Police Commissioner Gregor J. Sambor and for being in the dark about details of the plan.

Second: “If you want to negotiate with people holed up inside a facility, don’t send police officers. Send trained negotiators. And don’t allow the police officers to be in charge of what happens at the scene. Make sure someone else is there at the scene.”

Goode remained at his home and then his office for much of the day, discouraged from being on site or at the command center by threats against him and by his conviction that the confrontation was a police operation the mayor should not direct.

Third: “The third lesson is all life is important. Any loss of life is tragic, especially when it did not have to happen.”

Fourth: “You need not be a bad person to have bad things happen on your watch.”

I just don’t understand the loss of live. Very sad.

Tags: Civil Rights, Domestic Issues, Race by ecthompson
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The greatness of Lena Horne is hard to describe to folks younger than 40. She was a giant on stage, screen and in the Civil Rights Movement. The Civil Rights Movement needed big stars to step up and give the movement energy and money. Lena Horne did that and more.

From NYT:

Ms. Horne might have become a major movie star, but she was born 50 years too early, and languished at MGM in the 1940s because of the color of her skin, although she was so light-skinned that, when she was a child, other black children had taunted her, accusing her of having a “white daddy.”

Ms. Horne was stuffed into one “all-star” musical after another — “Thousands Cheer” (1943), “Broadway Rhythm” (1944), “Two Girls and a Sailor” (1944), “Ziegfeld Follies” (1946), “Words and Music” (1948) — to sing a song or two that could easily be snipped from the movie when it played in the South, where the idea of an African-American performer in anything but a subservient role in a movie with an otherwise all-white cast was unthinkable.

“The only time I ever said a word to another actor who was white was Kathryn Grayson in a little segment of ‘Show Boat’ ” included in “Till the Clouds Roll By” (1946), a movie about the life of Jerome Kern, Ms. Horne said in an interview in 1990. In that sequence she played Julie, a mulatto forced to flee the showboat because she has married a white man.

But when MGM made “Show Boat” into a movie for the second time, in 1951, the role of Julie was given to a white actress, Ava Gardner, who did not do her own singing. (Ms. Horne was no longer under contract to MGM at the time, and according to James Gavin’s Horne biography, “Stormy Weather,” published last year, she was never seriously considered for the part.) And in 1947, when Ms. Horne herself married a white man — the prominent arranger, conductor and pianist Lennie Hayton, who was for many years both her musical director and MGM’s — the marriage took place in France and was kept secret for three years.

Ms. Horne’s first MGM movie was “Panama Hattie” (1942), in which she sang Cole Porter’s “Just One of Those Things.” Writing about that film years later,Pauline Kael called it “a sad disappointment, though Lena Horne is ravishing and when she sings you can forget the rest of the picture.” (more…)

Tags: Civil Rights, Movies by ecthompson
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I first read about the blogger Jon Swift dying from the update below.  Jon, which wasn’t his real name, was one of the first major bloggers to answer one of my e-mails. He put my little blog on his blog roll. He engaged me in conversation. After a while, I was able to engage just about all of the major bloggers except for Jane, Huffington and Digby (they have never answered any of my e-mails). Jon was the rarest of conservatives, he was thoughtful, open, humorous and engaging. I know that the world would be a better place if there were more people like him around.

From Political Animal:

• Iraq: “Three powerful suicide bombings killed at least 33 people and wounded more than 50 Wednesday in the restive Diyala province northeast of Baghdad, authorities said. Most of those killed and wounded were Iraqi police officers charged with securing the province’s capital city ahead of elections Sunday. “
• Rep. Charlie Rangel (D-N.Y.) announced a “leave of absence” from his powerful post as chairman of the House Ways and Means Committee today. Whether he’ll ever get his gavel back remains unclear.
• Marriage equality reaches the nation’s capital. Western civilization remains unaffected.
• Matters get slightly worse for New York Gov. David Paterson (D).
• Greece tried to alleviate creditors’ fears today with a new $6.5 billion austerity plan.
• Sen. Jim Bunning (R-Ky.) is blaming Harry Reid for Bunning’s five-day hostage standoff over unemployment benefits.
• On a related note, Kevin Drum explains, “Bunning is a moron.”
• Rep. Raul Grijalva (D-Ariz.), the co-chair of the Congressional Progressive Caucus, is threatening to vote with far-right Republicans to kill health care reform. This isn’t the first time Grijalva has talked like this.
• I was very sorry to hear that the blogger known as “Jon Swift” has died.
• Rep. Steve King (R-Iowa) is not above trying to connect his hatred for gays to his opposition to federal wage requirements.
• As part of our ongoing coverage of SUNY Binghamton’s troubling transition to Division I athletics, the school announced this week that its basketball team will not be participating in the America East tournament this year.
• Leave Grant’s picture on the $50 alone.
• And finally, Rod Blagojevich was — in all seriousness — the “guest of honor at a Northwestern University panel on ethics in politics last night.” The disgraced former governor reportedly “elicited laughs from the audience — and not necessarily intentionally.”

Tags: Civil Rights, Economy, House of Representatives, Senate by ecthompson
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I hope that everybody is doing well tonight.

• As a NFL Fan, I must start out with LaDainian Tomlinson’s release from the Chargers. I’m not surprised. He isn’t the same back that he was just three years ago, but damn.

 

 Chargers let LT go: Play Now | Play in Popup | Download

• Former Vice President Dick Cheney is back in the hospital with chest pain.  Former Presidential contender and Senate minority leader Bob Dole is also in the hospital. I wish both a speed recovery.

From Political Animal:

• Afghanistan: “An airstrike launched Sunday by United States Special Forces helicopters against what international troops believed to be a group of insurgents ended up killing as many as 27 civilians in the worst such case since at least September, Afghan officials said Monday.”
• Senate vote on jobs bill still set for later today, though whether Republicans will allow senators to vote on the stripped-down bill remains unclear.
• For those keeping score, there are now 21 Democratic senators who support using reconciliation to vote on a public option.
• New consumer protections on credit cards go into effect today.
• I can only hope that Rep. Steve King (R-Iowa) does not support terrorist acts against the government of the United States.
• Oklahoma’s outrageous anti-abortion law has been deemed unconstitutional. Good.
• The “Volcker rule” picks up endorsements from five former Treasury secretaries.
• Powerful piece from Adam Serwer: “Whereas al-Zawahiri and bin Laden turned to al-Sharif for a method to circumvent the plain language of the Koran, Bush and Cheney went to Yoo and Jay Bybee to circumvent the plain language of the law.”
• Sen. John McCain (R-Ariz.) seems to be getting more and more confused.
• Clarence Thomas hasn’t said a word on the court in four years.
• Fox News hatchet-man Griff Jenkins loves being the ambusher, not the ambushee.
• Alexander Haig dies at age 85.
• Leonard Pitts Jr.: “To listen to talk radio, to watch TV pundits, to read a newspaper’s online message board, is to realize that increasingly, we are a people estranged from critical thinking, divorced from logic, alienated from even objective truth…. [O]bjective reality does not change because you refuse to accept it. The fact that you refuse to acknowledge a wall does not change the fact that it’s a wall. And you shouldn’t have to hit it to find that out.”

Any other thoughts? Things to add?

Tags: Afghanistan, Al Qaeda, Bin Laden, Civil Rights, Economy, Party Politics, Sports by ecthompson
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Lawmaker in Utah suggests that Martin Luther King should share his holiday with John Browning, Utah gunmaker.  I think that this is nothing more than a publicity stunt. It worked.

From TP:

Utah State Sen. Mark Madsen (R) is introducing legislation to create a holiday honoring John Moses Browning — the Utah native and “gun pioneer” who founded the Browning Arms company — on the same day as Martin Luther King Day. Browning’s birthday is believed to be around Jan. 21, so “Madsen proposes doubling up Browning and King”:

“I see them as complimentary,” [Madsen] said. Browning is known for developing a variety of guns, including the gas-operated machine gun. Madsen said he plans to meet with the NAACP to discuss his proposal.

“We’ll see if they can take it in the spirit it’s intended,” Madsen said. [...]

“Guns keep peace,” [state Senate Majority Leader Scott] Jenkins [R] said. “I kind of like the idea of making his birthday a holiday. I’m all over that.”

Salt Lake NAACP President Jeanetta Williams said she was “furious” about the idea. “It is not acceptable for the name John M. Browning to jointly share the Dr. Martin Luther King Jr. holiday,” she said. “Dr. King was assassinated by a man using a gun. John M. Browning was a gun manufacturer. … To me it’s a very mean-spirited act.” King would probably be outraged aswell, having said that by allowing guns to be “purchased at will and fired at whim…we have created an atmosphere in which violence and hatred have become popular pastimes.” For several years, Utah “purposely” omitted King’s name from the holiday, calling it Human Rights Day until 2000. Madsen noted that he’s not committed to MLK day and will find another day “if the race baiters are out there looking for an opportunity” to start a controversy.

Tags: Civil Rights, Race by ecthompson
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Obama discusses the power of the Nobel Peace Prize.

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I’m still looking for the complete speech. I looked yesterday and this morning and I can only find clips. If you can find a complete video please e-mail me. Thanks!

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Tags: Afghanistan, Civil Rights, Party Politics by ecthompson
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This is very powerful. It is sad that it needs to be said.

From DK:

Good morning, Committee. My name is Phillip Spooner and I live at 5 Graham Street in Biddeford. I am 86 years old and a lifetime Republican and an active VFW chaplain. I still serve three hospitals and two nursing homes and I also serve Meals on Wheels for 28 years. My wife of 54 years, Jenny, died in 1997. Together we had four children, including the one gay son. All four of our boys were in the service. I was born on a potato farm north of Caribou and Perham, where I was raised to believe that all men are created equal and I’ve never forgotten that. I served in the U.S. Army, 1942-1945, in the First Army, as a medic and an ambulance driver. I worked with every outfit over there, including Patton’s Third Army. I saw action in all five major battles in Europe, and including the Battle of the Bulge. My unit was awarded Presidential Citations for transporting more patients with fewer accidents than any other [inaudible] I was in the liberation of Paris. After the war I carried POW’s back from Poland, Hungary, and Yugoslavia, and also hauled hundreds of injured Germans back to Germany.

I am here today because of a conversation I had last June when I was voting. A woman at my polling place asked me, “Do you believe in equal, equality for gay and lesbian people?” I was pretty surprised to be asked a question like that. It made no sense to me. Finally I asked her, “What do you think our boys fought for at Omaha Beach?” I haven’t seen much, so much blood and guts, so much suffering, much sacrifice. For what? For freedom and equality. These are the values that give America a great nation, one worth dying for.

I give talks to eighth grade teachers about World War II, and I don’t tell them about the horror. Maybe [inaudible] ovens of Buchenwald and Dachau. I’ve seen with my own eyes the consequences of caste systems and it make some people less than others, or second class. Never again. We must have equal rights for everyone. It’s what this country was started for. It takes all kinds of people to make a world war. It does make no sense that some people who love each other can marry and others can’t just because of who they are. This is what we fought for in World War II. That idea that we can be different and still be equal.

My wife and I did not raise four sons with the idea that three of them would have a certain set of rights, but our gay child would be left out. We raised them all to be hard-working, proud, and loyal Americans and they all did good. I think it’s too bad [inaudible] want to get married, they should be able to. Everybody’s supposed to be equal in equality in this country. Let gay people have the right to marry. Thank you.

Tags: Civil Rights by ecthompson
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Many of us on the Left have been somewhat disappointed and, to be honest, impatient with President Barack Obama. It seems as if we were waiting forever as every day the Bush administration tried to dismantle the Civil Rights Act and other civil liberties. We must remember that Barack Obama has surrounded himself with some very intelligent people. They are not tone deaf to the political realities that exist in Washington. It is my personal opinion that Barack Obama wanted to tackle some major agenda items before coming back to civil liberties and gay rights. It wasn’t that these things aren’t important, because of course they are. Instead, I think he wanted to avoid one of the problems the President Clinton got into, which was to start off alienating the military brass on day one.

Please watch the following video as President Obama brings the crowd to its feet.

Tags: Civil Rights by ecthompson
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I continue to be amazed at how some in our society beleive that women are no more than birthing machines.

From TP:

State Rep. John Adams (R-OH) has re-introduced radical legislation that would prevent a woman from having an abortion until she gets written consent from the biological father. As proposed, the bill triggers criminal penalties against women for “providing a false biological father.” Adams says the “first-degree misdemeanor” would be punishable with up to “six months” in jail and a “$1,000 fine.” Labeled by Adams as a “father’s right bill,” the lawmaker would give men the final say on abortion in the state of Ohio:

In the case where the father isn’t known, House Bill 252 would compel the woman to provide a list of names of people who may be the father in an effort to determine paternity. The bill also would make it a crime for women to lie about who the father is, and make it illegal for doctors to perform abortions without the father’s consent.

The bill would force a woman to have a child if the father does not agree to an abortion.

“That child should be born, not killed,” Adams said.

Adams first introduced the legislation in 2007. Already, this bill has at least 15 co-sponsors. Pro-Choice Ohio issued a statement saying Adams’ bill “is a clear attack on a woman’s freedom and privacy.” AJ at Feminists For Choice says the bill is “another mechanism for demonizing and isolating women who have sex.” (HT: Pam’s House Blend)

Tags: Civil Rights, Domestic Issues by ecthompson
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100 years of the NAACP. President Barack Obama at NAACP. This is a great speech. Just when you think Obama has lost his way, he throws a speech like this in your face. I just have to step back and say, “Damn!”

From AP:

President Barack Obama on Thursday traced his historic rise to power to the vigor and valor of black civil-rights leaders, telling the NAACP that the sacrifice of others “began the journey that has led me here.” The nation’s first black president bluntly warned, though, that racial barriers persist.

“Make no mistake: The pain of discrimination is still felt in America,” the president said in honoring the National Association for the Advancement of Colored People’s 100th convention.

Painting himself as the beneficiary of the NAACP’s work, Obama cited historical figures from W.E.B. DuBois to Thurgood Marshall to explain how the path to the presidency was cleared by visionaries. (more…)

Tags: Civil Rights, Obama administration by ecthompson
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Cenk Uyger from the Young Turks is in the HOUSE!!

• Buncombe County Dems announcement.  Rally today!!
• I would like to start the show by saying Happy Birthday to my wife.  She is 29 today.
• I will be playing Michael Jackson today.  As everyone knows by now, he died on Thursday.  There is some speculation that he had a narcotic overdose.  I was a big fan and saw him in concert three times.  I will focus on the positive.  I will be playing some of his lesser known songs because I was a fan. 

WAKE OF THE SCANDAL

• A new SurveyUSA poll in South Carolina finds that 60% of residents think Gov. Mark Sanford (Republican) should resign, while 34% think he should remain in office.

GOOD NEWS

• In an 8-1 decision the Supreme Court of the United States held that 13-year old Savana Redding’s constitutional rights were violated when school officials suspecting her of hiding prescription-strength painkillers and strip-searched the girl. The only dissenting justice was Clarence Thomas.

85%:

• Percent of Americans who say they are concerned about their future health care costs, according to a new Washington Post/ABC News poll.

For my Dare to be Stupid segment – I serve up – JON, KATE… AND THE GIRLFRIEND?

• That’s right. 23-year-old Deanna Hummel will appear on Jon and Kate plus 8 when the show returns in August. She’s the lady the photogs caught with Jon, prompting the couple’s split on national tv. Sorry, Jon, but you’ve lost all sympathy

Let’s Rewind

• Waxman-Markey is a big split personality of a bill. Its efficiency and renewable requirements would make a dent in greenhouse gas emissions, even if not a very big one. But the cap-and-trade at the heart of the legislation is another story. Why do we need cap-and-trade, a carbon tax or anything similar? If we could just flip a switch and turn off emissions quickly, there would be no need to discuss complex schemes. In that case, the best approach would just be to notify everyone they were required to stop polluting a year or three from now. Because greenhouse gas emissions are so interwoven into our infrastructure, we’ll have to phase out this type of pollution slowly, over decades.
• “House Republicans presented a four-page outline of their healthcare reform plan Wednesday but said they didn’t know yet how much it would cost, how they would pay for it or how many of the nearly 50 million Americans without insurance would be covered by it.”

I discuss current events with Cenk Uyger of the Young Turks who has an opinion or two to share with us!!!  This is a great interview.  We talk about events here at home and in Iran.

 

 The Errington Thompson Show 6-27-09 [50:18m]: Play Now | Play in Popup | Download

Tags: Civil Rights, Domestic Issues, Healthcare, Iran, Music, Podcasts, State and Local Politics by ecthompson
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Conservatives have been attacking affirmative action and the 1964 Civil Rights Law since the Reagan administration.  The Supreme Court has reversed the lower court (Second Circuit Court of Appeals with Sotomayor).  More later…

From AP:

The Supreme Court has ruled that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge.

New Haven was wrong to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results, the court said Monday in a 5-4 decision. The city said that it had acted to avoid a lawsuit from minorities.

The ruling could alter employment practices nationwide, potentially limiting the circumstances in which employers can be held liable for decisions when there is no evidence of intentional discrimination against minorities.

“Fear of litigation alone cannot justify an employer’s reliance on race to the detriment of individuals who passed the examinations and qualified for promotions,” Justice Anthony Kennedy said in his opinion for the court. He was joined by Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas. (more…)

Update: One thing is clear. The Supreme Court did nothing to clarify the situation, but instead muddied the waters. The Supreme Court seems to be saying that if you did not intentionally discriminate, then no discrimination exists. This must be just my overly simplistic way of reading this decision. This is obviously a false hypothesis. It’s clearly possible to discriminate against blacks, women and other minorities without doing it “intentionally.” Proving intent would be nearly impossible in most discrimination cases.

This case also points out some of the problems I have with some conservatives who say that judges need to “interpret the law.” The Civil Rights Act of 1964 clearly states that you cannot discriminate based on race but then it goes on to say when an employer can discriminate based on a “protected trait.” So how do you balance these things? The mantra, “interpret the law,” rings hollow.

The Supreme Court focused on a test that was given to these firefighters. Now we know from years of testing students that some tests can reveal racial bias. We know from an elegant study by Stanford researcher that minorities will perform worse a particular test if they are told that this is a test of intelligence. If minority students are told that this is a problem-solving test these students do perfectly well. Their scores are as good as their White counterparts. Ruth Bader Ginsburg’s arguments seem to be solid when she states, “In so holding, the Court pretends that “[t]he City rejected the test results solely because the higher scoring candidates were white.” Ante, at 20. That pretension, essential to the Court’s disposition, ignores substantial evidence of multiple flaws in the tests New Haven used. The Court similarly fails to acknowledge the better tests used in other cities, which have yielded less racially skewed outcomes.”

Finally, the Supreme Court has breathed just a flicker of hope into the anti-Sotomayor crowd. Over the next 24-48 hours, some conservatives will try to move quickly to capitalize on this momentum. Justice Sonia Sotomayor, they’ll say, is somehow unfit for the Supreme Court because she has a ruling that’s been overturned. This, of course, is a ridiculous statement. Nonetheless, I suspect conservatives will try to push this and get as much mileage out of this is possible. As Glenn puts it — In light of today’s ruling, it’s a bit difficult — actually, impossible — for a rational person to argue that Sotomayor’s Ricci decision places her outside the judicial mainstream when: (a) she was affirming the decision of the federal district court judge; (b) she was joined in her decision by the two other Second Circuit judges who, along with her, comprised a unanimous panel; (c) a majority of Second Circuit judges refused to reverse that panel’s ruling; and now: (d) four out of the nine Supreme Court Justices — including the ones she is to replace — agree with her.

Put another way, 11 out of the 21 federal judges to rule on Ricci ruled as Sotomayor did. It’s perfectly reasonable to argue that she ruled erroneously, but it’s definitively unreasonable to claim that her Ricci ruling places her on some sort of judicial fringe.

Update II: Balkination has more technical questions about this Ricci decision and how will it affect the Voting Rights Act.

Tags: Civil Rights, Supreme court by ecthompson
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Michael Jackson update — the cops are looking for a second physician.  Jackson’s primary physician Dr. Conrad Murray has lawyered up.  Randy Jackson appears to be making the funeral plans.  (Randy is the youngest brother.)  Michael Jackson will be on the cover of Time magazine.  The Jackson family may be looking to get a second autopsy. (TMZ has been two to four hours ahead of the MSM on this story.)

Last night the Washington Post reported that president Barack Obama was looking into writing an Executive Order continuing indefinite detention, without trial, on several detainees.  My stomach is beginning to turn.  Glenn, Joan and others have extensively commented on this craziness.  I understand about the responsibility to keep us safe.  I also understand about the rule of law.  Getting Congress to change the laws in spite the fact that these guys have been in our custody for several years just doesn’t smack of American justice.

Enbattled Governor Mark Sanford has stated clearly that he will not resign… some sort of biblical analogy involving King David which really did not fit the situation.  Furthermore, I think that he has completely lost his ability to quote the Bible to anybody.  He needs to just sit down and read it for while.  He may comprehend some of its teachings and lessons.  (Psst… Governor. Start with the 10 Commandments.)  Sanford should be the second governor to be impeached this year for dereliction of duty.  Now I have not read the South Carolina Constitution but I’m sure it has something in it about being a complete moron.

The violence in Iraq appears to be escalating.  Motorcycle bombs killed 20 in separate attacks.  More than 250 people died in attacks this week.  It is sad that we’ve done such a poor job at creating an environment for peace.  We created a great environment from which Bectel, Halliburton and Blackwater can extract millions of dollars.

In a bizarre story, the wife of Representative John Conyers, the chairman of the U.S. House Judiciary Committee, pled guilty to one count of corruption in Detroit yesterday.  Monica Conyers accepted two cash bribes of at least $3000 each.  Really? Seriously?  I mean, it if they don’t hand you a suitcase that has enough money in it for you to live in a Caribbean island the rest of your life, what’s the point?

The swine flu slowly but surely continues to march on.  It should not be forgotten nor taken lightly.  Currently in the United States there are 27,717 cases with 127 deaths.  I’ve not heard anything new on the vaccine.  It seems to me that it is very likely that the swine flu will spike again as winter approaches.  We must be diligent.  Frequent handwashing.  Stay home when sick.  This could be a huge problem.

Tags: Civil Rights, Domestic Issues, Entertainment, Healthcare, House of Representatives, Iraq, Torture by ecthompson
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From AP

With so much going on these days, especially with the passing of a musical icon, I must plead guilty to forgetting about everything else that is still going on in the world.

When I read the latest news online today and saw Jena 6 back in the headlines I instantly remembered the major controversy the case provoked. Back in December 2006, a young white man was attacked by classmates. As all of us may remember the fight lead to an enormous amount of racial tension between whites and blacks in the small Louisiana town and gained national attention. In addition to all of the attention, the school fight also prompted a march on September 21, 2007.

 

 The Jena 6 [3:56m]: Play Now | Play in Popup | Download

Editor’s Note: At the time, I talked about the Jena 6 case extensively. The original post is here with several follow up posts – here and here.

Thinking back to over two years ago, I felt the charges of attempted murder that were initially charged were a little extreme. I’m not condoning the fight but I seriously doubt the six young men were really trying to kill Justin Barker. School fights happen I’m sure everyday but are those students charged with attempted murder?

From AP:

Five members of the Jena Six pleaded no contest Friday to misdemeanor simple battery and won’t serve jail time, ending a case that thrust a small Louisiana town into the national spotlight and sparked a massive civil rights demonstration.

State District Judge Tom Yeager then sentenced the five, standing quietly surrounded by their lawyers, to seven days unsupervised probation and fined $500. It was a far less severe end to their cases than seemed possible when the six students — all of whom are black — were initially charged with attempted murder in the 2006 attack on Justin Barker, a white classmate. They became known as the “Jena Six,” after the central Louisiana town where the beating happened.

Tags: Civil Rights, Race by Blowfish
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It should be no surprise to anyone that members of the gay and lesbian community are upset and disappointed with Barack Obama. The community had high hopes for President Bill Clinton, who let them down on a number of occasions, including the laughable policy Don’t Ask Don’t Tell. I think it is time for progressives to be truly… progressive. We cannot stand back and wait for change. We need make it happen. This is a civil rights issue. To this end, the gay and lesbian community needs to organize as they did in the mid-1980s. They need to march from Washington to Miami and from Houston to LA. They need to get support from the mainstream progressive community. We need to write Congress and force our congressmen to introduce legislation that would eliminate discrimination based on sexual orientation. This would resend the indefensible Defense of Marriage Act and would also eliminate Don’t Ask Don’t Tell. I guarantee that President Barack Obama would sign such legislation. On the other hand, Obama is not to make the same mistake that President Bill Clinton did, which is to get out ahead of the public on gay and lesbian issues. Clinton lost standing with the Pentagon because he forced, or tried to force, equality in the military.

If you question whether there is a media bias in this country, I would ask you to look no further than the Washington Post. They just fired liberal columnist Dan Froomkin. Their reasons for firing him are somewhat nebulous. He was never given the real status of a columnist. Instead, he was simply given a blog. The blog did not have a high profile (no links from the front page… can be found on the opinion page in the bottom left-hand corner). Yet he had a loyal following. I guess one of my questions is what does a columnist need to do in order to get fired? If a columnist is completely wrong on multiple occasions, does that get you fired? Charles Krauthammer’s been so wrong for so long it’s hard to imagine anyone being less correct. He continues to advocate for torture. So, if advocating for torture doesn’t get you fired… then maybe being a liberal and standing up for liberal principles may be the problem.

There was a very interesting story that the New York Times posted yesterday about their reporter David Rohde. He was kidnapped by the Taliban seven months ago. He somehow managed to escape and he found a Pakistani army scout who took them to a nearby army base. Congratulations to David. Unfortunately, his driver who was also kidnapped did not escape. It will be interesting to see if the Americans or the Pakistanis find the location of this Taliban base.

Finally, conservatives continue to complain that Barack Obama has not been outspoken enough about the Iranian uprising. If we’ve learned nothing from the past eight years we have clearly learned that words have consequences. After George Bush confronted the Iranian government and called them part of the Axis of Evil, they accelerated their nuclear program. They are now closer than ever to developing a nuclear bomb. George W. Bush inflamed Iranians and Muslims with his rhetoric. Barack Obama has been more cautious and thoughtful, in my opinion. He released a statement yesterday that some may describe as timid. Former Secretaries of State Burzynski and Kissinger have supported Obama’s approach. Even George Will has called criticism of Obama’s approach “foolish.” The death of this young Iranian woman at the hands of the Iranian police could have significant repercussions.

Graphic Video of a woman who died in the Iranian protests:

Tags: Civil Rights, Iran, Media by ecthompson
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I’m looking forward to a particularly grueling day at the office tomorrow. I am therefore going to try to hit the sack early tonight.

More white supremacist craziness, this time in Arizona.

The mass confusion and protests continue in Iran. The grand Ayatollah seems to be stuck. He has supported President Mahmoud Ahmadinejad. It seems clear that the election was rigged.
Watch the video:

Harriet Miers and Karl Rove seem to have a day in front of the House Judiciary Committee. Wow, could it be? Could the wheels of justice be turning? Nope, I must be dreaming.

I’m becoming more and more confused about the Obama White House. President Barack Obama seems to be following many of Bush’s policies on secrecy. Very disturbing.

Glenn Greenwald has more on this secrecy craziness:

On May 13, when Obama announced he would attempt to suppress prisoner abuse photos on the ground that their release would inflame anti-American sentiment, I wrote:

Think about what Obama’s rationale would justify. Obama’s claim . . .  means we should conceal or even outright lie about all the bad things we do that might reflect poorly on us. For instance, if an Obama bombing raid slaughters civilians in Afghanistan (as has happened several times already), then, by this reasoning, we ought to lie about what happened and conceal the evidence depicting what was done — as the Bush administration did — because release of such evidence would “would be to further inflame anti-American opinion and to put our troops in greater danger.” Indeed, evidence of our killing civilians in Afghanistan inflames anti-American sentiment far more than these photographs would. Isn’t it better to hide the evidence showing the bad things we do?

Last Friday, when yet another dispute arose between local Afghan officials and the U.S. military over whether a U.S. airstrike caused a large number of civilian deaths, I wrote a post entitled ”Should the U.S. also suppress evidence of civilian deaths in Afghanistan?” and asked:

Using the standard that is now so accepted across the political spectrum in Washington — information that will inflame anti-American sentiment should be suppressed rather than disclosed so at to not endanger our troops — isn’t it better if we just cover-up, rather than learn the truth about, the civilian deaths we caused in Afghanistan? After all, news reports of dead Afghan women and children at the hands of American bombs obviously inflame anti-American sentiment and Endanger Our Troops at least as much as the disclosure of some additional torture photos would. By the prevailing reasoning of Washington, shouldn’t we want our government to hide the truth about what we did — lest anti-American anger and the risk of attack on Our Troops increase? Isn’t that the noble anti-transparency principle we’re now endorsing?

Here’s what McClatchy is reporting today (h/t Paul Tenny/GregMitchell):

Pentagon wavers on release of report on Afghan attack

WASHINGTON — Defense Department officials are debating whether to ignore an earlier promise and squelch the release of an investigation into a U.S. airstrike last month, out of fear that its findings would further enrage the Afghan public, Pentagon officials told McClatchy Monday.

The military promised to release the report shortly after the May 4 air attack, which killed dozens of Afghans, and the Pentagon reiterated that last week. U.S. officials also said they’d release a video that military officials said shows Taliban fighters attacking Afghan and U.S. forces and then running into a building. Shortly afterward, a U.S. aircraft dropped a bomb that destroyed the building.

However, a senior defense official told McClatchy Monday: “The decision (about what to release) is now in limbo.”

Pentagon leaders are divided about whether releasing the report would reflect a renewed push for openness and transparency about civilian casualties or whether it would only fan Afghan outrage and become a Taliban recruiting tool just as Army Lt. Gen. Stanley McChrystal takes command of U.S. forces in Afghanistan.

Two U.S. military officials told McClatchy that the video shows that no one checked to see whether any women or children were in the building before it was bombed. The report acknowledges that mistakes were made and that U.S. forces didn’t always follow proper procedures, but it does little to reassure Afghans that the U.S. has done enough to avoid repeating those mistakes.

It should be painfully obvious that those defending the Obama/Lieberman/Graham rationale for photo suppression — that evidence of wrongdoing should be suppressed when it will “inflame anti-American sentiment” — are endorsing a dangerous mentality that is certain to justify concealment of far more than these torture photos.  Indeed, even before this week, that mindset had already begun to be applied to justify cover-up of government wrongdoing outside of the photo context, and is now — quite predictably — creeping into other areas.  That development is as inevitable as it is disturbing.

Tags: Bush Administration, Civil Rights, Domestic Issues, Obama administration by ecthompson
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As usual, there’s so much to talk about.  I start off discussing the California Supreme Court and its upholding the ban on same-sex marriage.  I readily admit that I did not read Proposition Eight.  I also must say that I’m not criticizing the court, but it is clear that this is an untenable situation.  In the United States we are supposed to be equal.  What ever the state recognizes as a union between two adults (whether that is marriage, civil unions or Vulcan mind melding) should be the same for heterosexuals as it is for homosexuals.  The state should not discriminate.  The benefits two partners get should be available to gays and lesbians.  To me it is a simple case of civil rights.  General David Patreaus was on FOX News.  I play a rather long clip of him as he explains why Guantánamo needs to be closed.  He also states that we need to trust our justice system.  I was very surprised and pleased by his statements.  Finally, I give an update on the swine flu (Influenza A: H1N1).  There are now almost 9000 cases in the United States.  They’re have been over 15 deaths reported.  The swine flu is not going away.  We need to continue to be diligent.

I interviewed Dr. Jonathan Kotch from UNC Chapel Hill.  He is part of a group called Physicians for National Health Program.  We discuss the important aspects of health care refor, how we need to improve patient access and patient care.  Whatever system we come up with needs to be portable and cost-effective.  One of the big questions is whether the single-payer plan would be a viable alternative.  If the reason for health care reform is primarily cost, then what value does insurance add?  This is an excellent discussion.

Linda Monk is a constitutional scholar and author of the fabulous book, Words We Live By.  She is a graduate of Harvard Law School.  I invited her on the show to discuss what we should look for in a Supreme Court Justice.  A candidate for the Supreme Court should interpret the law narrowly.  There shouldn’t be an attempt for broad, over-arching interpretations.  We also discuss Barack Obama’s nomination of Sonia Sotomayor.  This is a great discussion and well worth a listen.

I wrap up the show with more discussion on healthcare.  In my opinion, healthcare needs to be more integrated.  Physicians have to find a way to work together better.  As patients become more and more complex, there’s a need for better communication.

Enjoy the show.

 

 The Errington Thompson Show 5-30-09 [52:45m]: Play Now | Play in Popup | Download

Tags: Civil Rights, Healthcare, Podcasts, Senate, Supreme court by ecthompson
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