Hobby Lobby: Trying to get DemProgs to understand what it means

HobbyLobbyStowOhioImpressed by the ill-informed hysterical reaction that my “real me” Facebook friends had to the Hobby Lobby decision, I explained to them that the decision is very narrow and will not (a) ban contraceptives across America and (b) lead to anti-gay lynch mobs. Here’s a slightly revised version of my Facebook post, which still failed to satisfy their paranoia and inability to understand the law.  I’ve also added a little hypothetical that might open their minds.  (No, don’t say it.  It’s improbable, but not impossible, that a DemProg mind can open).

The Hobby Lobby decision addresses one thing only:  whether an administrative rule conflicts with a long-standing law.

In 1993, a Democrat Congress passed, and a Democrat president signed, the Religious Freedom and Restoration Act (“RFRA”). RFRA holds in relevant part that the federal government may act in a way that substantially burdens the exercise of religion only if it can establish that its action is the least restrictive means of advancing a compelling government interest. Nothing in the Act distinguishes between individuals and corporations.

The administrative rule at issue is the edict from Health and Human Services (“HHS”) mandating that all corporations affected by Obamacare must provide their female employees with unlimited access to all contraceptives available on the market.

Hobby Lobby is a closely-held, family-run corporation. The Green family, which owns Hobby Lobby, has a strong Christian faith, and is open about the fact that it runs its company in a way that is consistent with the family’s religious beliefs. These beliefs affect every aspect of the way in which Hobby Lobby is run, whether it’s the fact that even the least of Hobby Lobby’s employees gets paid an hourly amount that’s almost twice as much as minimum wage, or the fact that many of the store’s craft products come complete with little crosses attached to them.

Hobby Lobby has long provided comprehensive insurance for its employees. As part of this insurance, it makes available to its employees 16 different types of contraceptives. Moreover, Hobby Lobby has never said (a) that it would stop covering contraceptives entirely or (b) that contraceptives should be outlawed in America. Instead, it made a very narrow protest to the HHS mandate:  It objected to the fact that the mandate would force it to offer, not 16, but 20 contraceptives to its employees.  The additional 4 contraceptives are or can be used as abortion-causing agents.  The Green family’s religious faith means that it is adamantly opposed to abortion, which it considers murder.

The HHS mandate put Hobby Lobby in an impossible position: It could either use its own money to pay directly for abortifacient drugs or it could pay $475 million a year in penalties. It was this dilemma, it argued, that constituted a substantial burden on its exercise of religion under RFRA. Put another way, Hobby Lobby argued that it faced a Hobson’s choice:  directly fund something it opposes on core religious grounds or go bankrupt.  On these facts, the Supreme Court agreed that Hobby Lobby had satisfied the “substantial burden” requirement under RFRA.

There was something else that the Supreme Court accepted as given: For purposes of the ruling, the Supreme Court accepted as true HHS’s claim that forcing corporations to pay for their female employees’ contraceptives (simply because the Obama administration says it’s unfair not to) serves a compelling government interest.

(As an aside, I was thinking about this “unfair” point. According to my DemProg friends, the demand that corporations pay for contraceptives arises because it’s not fair that women have to shoulder these costs, while men don’t. Let’s put aside the fact that the DemProgs can’t explain why it’s fair that corporations must bear contraception costs.  The really important point is that, if the reason to force corporations to shoulder the burden is so that women don’t have to pay more in costs related to their unique biology just because they are women, corporations should also be required to pay for tampons, sanitary pads and, most importantly, chocolate, all of which are costly menstrual necessities that burden women, not men.  Additionally, corporations should be entitled to learn which employees have gone through menopause, so as to scale back on those uniquely feminine costs.  And now back to the Hobby Lobby case…)

With the Supreme Court having accepted that Hobby Lobby had proved that it was being significantly burdened and that HHS had proved a compelling government interest, the sole issue before the Court was whether HHS was using the least restrictive means to advance its compelling interest. Based on this single, limited issue, the Supreme Court concluded that HHS’s birth control mandate did not meet the RFRA test. The Court had a very simple metric for proving this conclusion: HHS itself handed the Court proof that there was a less restrictive way to serve this compelling interest.

HHS created this less restrictive contraception mandate when religious non-profit organizations objected to paying directly for contraceptives and abortifacients. HHS said that religious institutions could avoid the mandate by signing a document stating that their religious beliefs prevented them from complying with the contraception mandate. With this document, the onus shifts to the insurance company to apply the mandate.  (The Little Sisters of the Poor are challenging this workaround on the ground that it cannot apply to self-insured entities.  Likewise, even if the religious entity has a third party insurance company, the insurance company will simply increase its rates, with the result that the money for the contraceptives and abortifacients will still come from the corporation that has religious objections.  The Supreme Court’s eventual decision should be interesting.)

With HHS having already figured out a less intrusive method for getting “free” contraceptives to women, the Supreme Court held that the same workaround that applies to religious non-profits can apply equally well to closely held corporations if the owners have a sincere belief in a core religious issue. And that’s it. That’s the whole Hobby Lobby decision.

My Facebook explanation was clear enough that those who have been brainwashed into being terrified by the Hobby Lobby decision had only two defenses left. The first was that religious fanatics will use the decision to justify myriad things such as banning birth control nationwide, revoking the rule that corporations must pay for women’s contraceptives, and refusing to hire gays (a fear based upon this letter from a religious leader who clearly hadn’t read the Hobby Lobby decision himself).

The second defense, which I’ll address in the remainder of this post, was that the entire decision is wrong because, as a predicate matter, it treats a corporation as a person. “Corporations aren’t people” my DemProg friends cry, as they’ve been programmed to do since the Citizens United decision.  In other words, Hobby Lobby has no conscience and therefore cannot be treated as a conscientious objector.

I came up with a hypothetical scenario — a probable hypothetical scenario — that should have DemProgs insisting that, yes indeedy, corporations can and should be people — or, at least, Leftist corporations can and should be people.

The year is 2026. Since 2020, Republicans have majorities in Congress and a president in the White House. The wars in Syria and Iraq long ago merged, starting a conflagration that constantly threatens to spill over into every region of the world. The result is the Islamist caliphate equivalent of the Cold War, with the U.S. trying to put out small Islamic fires all over the world in order to de-fang the Sunni and Shia monsters without having to engage them directly on American soil.

The military is more central to American life and survival than ever. Defense costs have therefore skyrocketed, so Republicans went looking for new ways to equip the military. To this end, they noted that America’s business class was arguably benefiting most from the military’s efforts, because businesses were able to carry on and profit primarily because the military kept the Islamists far from American shores. It therefore would be logical for corporations to subsidize a significant part of the war effort.

Based upon this reasoning, in 2022, the Republicans successfully passed a new law, known as the Act for an Affordable Military (“AAM”). The Acts’ supporters affectionately call it “Adopt A Marine.” Its detractors refer to it disdainfully as “America’s A Monster.”

AAM goes far beyond traditional military funding, which relied upon tax revenues funneled to the Pentagon. Instead, AAM directly engages corporate America as an essential part of equipping the American military. Immediately upon the Act’s passage, the Pentagon was tasked with creating rules under AAM (a 3,200 portmanteau document written in vague and broad terms) that would shift onto corporations primary responsibility for equipping troops.

The Pentagon immediately issued a rule mandating that henceforth every corporation will be responsible for outfitting Marines with everything a Marine at war could need:  uniform, pack, weapons . . . the whole megillah.  Moreover, the number of Marine Gear Kits (or “MGKs”) that a corporation must assemble will be equal to the number of employees the corporation has. Thus, a corporation with ten employees must put together 10 MGKs, a corporation with 50 employees must put together 50 MGKs, and so on. Thanks to the Supreme Court’s 2012 Obamacare decision, this kind of . . . ahem . . . “tax” (i.e., forcing taxpayers to purchase a product, even if they don’t want it themselves) is perfectly legitimate.

Corporations that fail to comply with the MGK mandate will be assessed an annual tax equal to $10,000 per MGK, with no maximum cap. That means that, if a corporation with 50 employees refuses to put together its designated MGKs, it will pay an annual penalty of $500,000. A corporation with 30,000 employees could find itself on the hook for $300,000,000 annually.  Again, the Supreme Court’s 2012 Obamacare decision legitimized this “penalty” for failure to “pay” the “tax.”

Something else has changed now that the Cold War against the new Caliphate is being carried out by Republicans:  The DemProg peace movement is resurgent. Two of the most active peaceniks, Sol and Luna Giggleweed started out in their home office in 2020 (when Republicans finally re-took Congress and the White House following Elizabeth Warren’s ill-fated four-year presidency), designing, creating, and marketing bumper stickers, window signs, mugs, toilet paper . . . anything that could advance the pacifist cause.

With business booming, the Giggleweeds incorporated, calling their new business “Pacifists United Together Zone” or “PUTZ.” They now have 50 full-time employees working in their green-compliant factory in San Francisco’s SoMa district.

Thanks to the Giggleweed’s business acumen, you can now walk into any trendy store and buy one of PUTZ’s $25 king-size mugs emblazoned with “Live Peacefully or Die.”  If that’s too expensive, for $10 you can get a set of 10 bumper stickers reading “Peace : The New Caliphate Wants It Too.” PUTZ also manufactures the usual complement of sweatshirts with peace signs on them; posters urging people to “Visualize World Peace” or “Pray for Israel’s Destruction”; and the ever-popular Naughty Underwear set, in both multigender and cisgender versions, with “Make Love, Not War” glitter-stamped on the crotch.

For the Giggleweeds, peace isn’t just a gimmick to make a motive; it’s also their core ideology. Both Sol and Luna attended the Bush-era anti-war protests, and they oppose Republican-led wars with every fiber of their DemProg beings.

Significantly, even the Giggleweed’s faith is driven by their pacifism. They are ardent members of the Presbyterian Church (USA) (aka “PCUSA”).  In 2018, PCUSA’s governing board formally voted that “We, the PCUSA, oppose all wars, except for those wars dedicated to Israel’s destruction.”

Nobody quite knows how it did it, but PCUSA asserted that this vote reflected a core religious principle derived from the Books of Samuel, 1 Kings, and 1 Chronicles.  PCUSA’s revised doctrine is immune to challenge thanks to the tattered remnants of the First Amendment (which, in 2018, was amended to state that “Except as to matters of human sexuality and gender identityCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. . . .”).

PUTZ employees are as devout as the Giggleweeds. Indeed, many of them came to the Giggleweed’s attention during the Bush War protests.  Without exception, all of the employees belong to PCUSA or affiliated faiths. Their strong anti-war beliefs (unless, of course, the war is waged against Israel) infuse every aspect of their lives.  They are grateful to work at PUTZ, a corporation with a business model that puts pacifism on the front line, so to speak.

For these reasons, the Giggleweeds and their PUTZ employees were horrified when AAM became law and, even worse, when the Pentagon explicitly passed to corporations the responsibility for providing MGKs. PUTZ therefore joined with PCUSA and other like-minded churches and mosques, which are also on the hook for MGKs, to object to the mandate that they directly invest in MGKs or pay a substantial penalty to help fund the “Republican Anti-Caliphate War Machine.”

The Republican establishment was unmoved by anti-AAM protesters. Instead, it took great pleasure in reminding the protesters and litigants that, thanks to agitation from this same cadre of people in the wake of the Hobby Lobby decision, Congress in 2016 (Year One of Elizabeth Warren’s disastrous administration) amended RFRA to state explicitly that it does not apply to corporations, regardless of the corporation’s size or whether it’s publicly traded or closely held. There is no way out for the Giggleweeds and PUTZ: they either put together MGKs for the Marines, or they pay $500,000 so that someone else can put the MGKs together for them.

To the Giggleweeds and their ilk, the Republicans have only one thing to say:  It’s always nasty when your own chickens come home to roost.

Thursday late afternoon round-up and Open Thread

Victorian posy of pansiesSorry for the long silence today. It’s just that, well, I’ve been busy. In addition to home maintenance and chauffeuring, I swear that someone has wanted to talk to me (by phone, in person, or through text) every 10 minutes all day long. Honestly, I don’t know why because I really am not that interesting.

Blogging is in my blood, though, and no matter how crazy the day, it’s going to ooze out. Here are a mish-mash of things that caught my eye:

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Nice Deb tipped me off to the fact that Ted Cruz has been tracking Obama’s lawlessness. It’s a long, long ugly list. It’s also a reminder that, although Dems like to say that Obama has issued fewer executive orders than other presidents, the issue isn’t quantity, it’s quality. The others’ executive orders were uninteresting procedural matters. Obama, on the other hand, has used his executive orders to create new law or violate existing law. (See Ted Cruz’s entire collection of lists here.)

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One of the reasons we have laws, especially border laws, is to protect public health.  Obama’s lawlessness means health outbreaks. The article to which I’m linking (one of many today about the scourge coming from the south) professes ignorance as to the source of TB, but I can tell you the sources of TB: immigrants and prisoners. Those are the two places in America that incubate the disease.

No wonder Eileen Toplansky makes a credible argument that Obama is president over the culture of death. Whether it’s his embrace of Islam, of abortion, or of illegal immigrants, or his abiding and manifest hostility to the military, Obama is doing what he can to get Americans killed.

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Daniel Pipes thinks that Bibi Netanyahu might be the right leader at the right time for Israel. I sure hope Pipe’s is right, because Israel no longer has America at her back. What’s ironic is that Obama has turned America-the-nation against Israel just as individual Americans are supporting Israel more than ever.

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Proving that it’s not totally immune to the death of teenage boys, the Obama administration breathed a sigh of relief when a 16-year-old teenage Arab youth turned up dead in Israel. Whew! The narrative is all good: Israelis are just as bad as Arabs.  After first being resolutely silent about the Israeli victims, and then softly castigating the “cycle of violence,” the Obama administration is in full throated weeping mode for that Arab boy (who may actually have been a victim of homophobia). Richard Baehr has more.

But of course, as my very dear friend Rob Miller says, to the Obama administration, Israel’s always in the wrong.

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I once had a friend who got into fights with everyone. At first, I accepted the friend’s version of events, which was that this person was mean, and that person careless, and the other person stupid, and the next person vicious. Eventually, of course, I figured out that the single common denominator in all the fights (often with people I knew) was my friend — who is a friend no longer. Daniel Greenfield’s post about Islam being the problem reminded me of that old, unhappy friendship.

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The Left’s war against the Redskin’s team name is not just a random happenstance. It is part of the way the Left functions, picking small battles so as to avoid large ones, fighting free nations so as to empower slave nations, and generally driving the culture down, down, down. Dennis Prager explains.

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I was going to label this link “everything you always wanted to know about political emails but were afraid to ask.” Then, having read the article, I realized you were right to be afraid. Pretty nasty fundraising forces are at work to frighten and harass the American people, and that’s true for both sides of the political aisle.  In an information age, he who screams most hysterically apparently gets the most money.

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We all dream of one day meeting our soul mate.  America’s shame is that its president’s soul mate is Bill Ayers.

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Daniel Henninger slices and dices Barack Obama’s totalitarian disdain for Congress.  (That link might be behind a pay wall.)  Sadly, the Left half of Congress agrees with Obama and is anxious to cede its power to the executive branch.

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Obama’s disdain for law has infected a lone Colorado court clerk who, in total violation of Colorado law, is issuing same sex marriage licenses just because she wants to. She’s totally correct that the 10th Circuit is going to change the law any minute but, until it does (a) those licenses are invalid and, let me say again, (b) she’s breaking the law.  The Republican state attorney is probably right, though, not to throw her Leftist derriere in jail.  She’d just become a martyr.  What would you do to punish her so as to avoid her martyrdom?

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Hillary will say anything to get elected.  If she needs to sell herself to America, she’ll hew slightly to the center.  But when the chips are down, she reverts to her intellectual home, which is the hard left.  Paul Kengor explains how Hillary readily abandoned both religion and intelligence in order to pander to the base about same-sex marriage and the newly discovered right that employers must pay for their employee’s birth control.

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On the subject of the Hobby Lobby case, I’ve got a cartoon and a few comments:

Not my bosss business

When I haven’t been talking to people today, I’ve spent a bit of time on Facebook trying to convince Lefties that (a) the Hobby Lobby decision is not five old white men denying women across America access to birth control and (b) that none of my hysterically unhappy friends has made a credible case explaining why it’s suddenly become a fundamental right that employers must pay for employees to have all possible forms of conception. I’m making no headway whatsoever. They’re in total paranoid hysteria mode and are not amendable to anything but a solid left hook, which I cannot deliver via Facebook.

(Ten minutes after I wrote the above, I got a message from someone who is Facebook friends with a gay man who imagines that concentration camps and gas chambers are around the corner, thanks to Hobby Lobby.  She was unable to comment directly on my post, since she’s not a friend, but she thanked me very much for my sensible, logical explication of the case.  I was grateful.)

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My DemProgs’ hysterically-based stupidity is fully equal to the stupidity of this New Yorker author, who tries to claim that Hobby Lobby is no different from the Taliban. The article shows (a) a complete failure to understand controlling law, which would support the governments compelling (and traditional) interesting in preventing epidemic diseases to trump an individual’s or corporation’s religious scruples, and (b) the Leftist impulse to say that there’s no difference between modern Christianity, which ended slavery, child labor, the 80 hour work week, etc., on the one hand, and the Taliban, which wants to enslave everyone it doesn’t actually kill, on the other hand.

Of course, no one really expects anything approach intelligence from the New Yorker anymore. In the old days, even when it was wrong, it was wrong in a smart way. Now it’s just plain ole stupid.

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Veterans died so Obamacare could live.

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Here’s an interesting bit of historic trivia: The baby whom the Nazis touted as the ne plus ultra of Aryan beauty . . . was Jewish.

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Oh, my goodness. I’m still laughing:

Hat tip: iOwnTheWorld

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I thought I’d end this post by throwing in a couple of old Irving Berlin videos, made back in the day when America knew her enemies were and was proud to fight them. Longtime readers have seen these chestnuts before, so I’ll just apologize for the fact that they’re sort of my go-to videos when I’m feeling I live in a country besieged.

Before you watch the videos, you may want to remember that the American character was different back then.

(In addition to my own efforts, many thanks to Earl Aagard for his help finding interesting material.)

Wednesday afternoon round-up and Open Thread

Victorian posy of pansiesIt’s quite amazing watching DemProg heads explode on my “real me” Facebook page. To hear them tell it, the Hobby Lobby decision was four white religious men banning women’s right to contraception across America because a mean-spirited Christian corporation demanded that they do so.

I’ve been doing my best to say that (a) Hobby Lobby always provided a broad range of contraception coverage to its employees, and is only protesting the fact that the government is forcing it to pay for contraception that can be used to cause abortions; and (b) that the Court’s narrow holding said only that the Health & Human Services contraception mandate, which is not law under Obamacare, does not pass the test set by the Religious Freedom Restoration Act, which President Clinton approvingly signed. My comments are greeted with silence.

But there’s no room for silence here. I have a lot to say, and I delight in your comments. So off we go….

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I may as well start with a good Hobby Lobby round-up. All of these posts were very helpful when I was trying to craft a short, fact-filled response to confused DemProgs on Facebook.

Both Elizabeth Warren’s and Hillary Clinton’s responses to the decision show that (a) it’s amazing they graduated from law school, let alone, in Warren’s case, became teachers and (b) that they’re each as bad as the other, and that’s saying a lot. Let me say again what I learned from taking Warren’s Banking Law class a long time ago: she’s soft-spoken and mean; she’s a muddled thinker; she’s an incoherent communicator; and there’s a lot of anger there. (Warning:  this article might be behind a pay wall, but you can demolish that pay wall for a mere 99 cents per month.)

I found an exceptionally good trio of cases from the crew at National Review (which really excels at this type of analysis:

Charles C. W. Cooke points out that a great deal of the DemProg’s hysteria derives from the fact that they don’t understand that the Supreme Court’s role is to interpret law, not to enact it. That’s not surprising. DemProgs want their (not any, but their) president to enact law and, trained by Brown v. Board of Education and Roe v. Wade — both of which involved the Court creating rights out of whole cloth, for better or worse — actually believe that the court exists to enact a DemProg-approved agenda.

Ramesh Ponnuru explains how illogical, hysterical, and unrealistic Ruth Ginsburg was in her dissent — something that explains why DemProgs are so wildly excited by what she wrote.

Ross Douthat notes that DemProgs are exceptionally sore, and dishonest, winners. This reflects the fact that the Hobby Lobby decision peeled out a tiny corner of religious freedom in the face of a vast government takeover of . . . everything.

And finally, one of Jonah Goldberg’s best, in which he explains out that it wasn’t the Court putting the employer in women’s uterus, it was the Obama administration. That accurate analysis kind of puts a different spin on this poster, which DemProgs are excitedly passing around through social media:

Who makes medical decisions

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Obama’s a chart topper: After thinking it over, Americans agree that Barack Obama is the worst president this country has seen since the end of WWII (and Ronald Reagan is the best). The only problem with this confirmation of my bias is that, for me to be proved right, the country has had to suffer terribly. It’s no fun being Cassandra.

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On the subject of Obamacare, Kevin Williamson allows himself a bit of schadenfreude, and it makes for brilliant reading.

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When I heard about the IRS’s “dog at my hard drive” excuse for the missing emails from Lois Lerner and six other key employees, I immediately said “that’s spoliation” and it’s bad.  It turns out that  the IRS’s conduct was even worse than I remembered at the time I made this statement.

The IRS wasn’t just hiding stuff from Congress, which could be classified as political game-playing. By the time it lost the emails, the back-up and the hard-drive, it was engaged in litigation that placed upon it a heavy legal burden to do everything possible to preserve any material that could be germane to the lawsuits. A judge with any reverence for the law should come down on the IRS like a ton of bricks for this behavior, even if it was “merely” negligent, as opposed to a deliberate fraud on the court.

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The Founders did not imagine an America of incredible wisdom, by incredible wisdom, and for incredible wisdom. Madison readily envisioned that the government would be able to function despite man’s worst nature. However, even the Founders’ checks and balances didn’t comprehend a president and his supporters who would willingly cast aside constitutional governance.

Sadly, judging by changes made to the AP US history test, which drives US history curriculum at high schools across America, things aren’t going to get better any time soon. Since our children are prevented from learning the Founders’ wisdom, they can’t institute those ideas into their understanding of government.

And, while Boehner’s lawsuit is a step in the right direction, I remain dubious that it will accomplish anything. I’m with Andrew McCarthy in that I fear it will simply see the House cede power to the courts. At the rate Congress is ceding power to the other branches of government, it becomes nothing but an expensive Kabuki piece.

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The kind of people who vote for Hillary won’t care that, on July 4th, this potential presidential candidate has decided to spend her time with a British, America-bashing newspaper. That’s what DemProgs do, and they’re damn proud of it too.

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For years, people have been trying to figure out what the “Obama doctrine” is. Jeffrey Anderson thinks he knows: the Obama doctrine is Obama’s belief that, when Americans voted him into office, they got a twofer — both a president and a legislator.

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Earlier today, I posted that, whether one agrees or not with the cheerleader who is also a big game hunter, disagreement is not a basis for censorship. DemProg, chart-topping songstress Diane Warren has different idea altogether. She thinks that disagreement is a basis for murder. Assuming Warren survives the coming ISIS sharia takeover, she should fit in quite well with the Islamist mindset.

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I’m not a BBC fan, but this rap version of WWI’s origins is cute.

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And finally, pictures!

Democrats are brave enough

Me myself and I

Plenty of room on the calendar

Reasons for owning guns

Illegal immigrants displace veterans

(Thanks to Caped Crusader, the Family Back East, and Earl Aagaard for their help with this post.)

Sonia Sotomayor’s absolutely revolting racism

Justice SotomayorYesterday, Sonia Sotomayor announced that she is absolutely horrified that the 14th Amendment can be used to prevent state government from engaging in race-based discrimination. Some may be a little confused by her argument, given that the 14th Amendment explicitly states that ” No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” In ordinary parlance, that means that all laws must apply equally to all American citizens, regardless of anything that distinguishes one citizen from another (such as race, color, creed, sex, etc.).

For sensible people who believe that all humans are created equal, the 14th Amendment is a good rule. But it’s not good enough for Ms. Sotomayor (and yes, I mean “Ms.” because, really, after what she just did, it seems so wrong to give her the honorific “justice”). What did Sotomayor do? She abandoned legal reasoning in favor of ill-informed, racist navel-gazing, and she used the most august court in the land for her platform in feminist, racist idiocy. (I say “feminist” because, even though the case was about race, Ms. Sotomayor promised from the beginning that, rather than following the law, she’d offer ruminations from a “wise Latina.” So all her stuff is a “girl thing,” you know?)

Anyway, in Schuette v. Coalition to Defend Affirmative Action, Sonia (I’m so disgusted by her right now, I don’t even feel like using the generic honorific of “Ms”), wrote a 52 page pile of touchy feely goop about the fact that minorities are inferior beings. Moreover, she felt so strongly about innate minority inadequacies that she felt compelled to read all 52 pages from the bench — clearly, part of the punishment she wished to impose on dead, or still living, evil white males the world over.

I’m not trying to be mean, or anything, but the woman is a walking, talking argument against affirmative action, which advances women, minorities, and other non-white, non-straight, non-Asian, non-Jewish people simply because they weren’t born white, straight, Asian, or Jewish.   Here’s the heart of Sonia’s insanely racist (and non-legal, non-factual, highly navel-based) rant. Sonia starts by attacking the US’s bad history:

For much of its history, our Nation has denied to many of its citizens the right to participate meaningfully and equally in its politics. This is a history we strive to put behind us. But it is a history that still informs the society we live in, and so it is one we must address with candor. Because the political-process doctrine is best understood against the backdrop of this history, I will briefly trace its course.

She’s right, of course. Italians, Irish, Germans, Jews, Russians, Chinese, Japanese, East Asian, etc., all faced horrific discrimination. Peculiarly enough, once the discrimination ended as to these disparate groups, all were able, without any further effort on the government’s part, to ascend to the halls of wealth and power. Sonny’s problem (yeah, I’m at the point where even calling her by the pretty name “Sonia” irks me) is that she firmly believes that what worked for every other minority — just to be left alone — won’t work for blacks and Hispanics.

Before Sonny gets to her conclusion that blacks and Hispanics are inherent deficient (her thoughts, not mine), she takes us on an endlessly boring journey of efforts to discriminate which have all been done away with. Even as she tries to paint America as racially evil, she inadvertently keeps pointing to its self-correct mechanisms.

I sort of fell asleep somewhere when reading her tripe, but when I awoke, I found her claiming that there’s nothing in the 14th amendment that prohibits discriminating on the basis of race, because America’s educational institutions are improved by racial discrimination. No, really. That’s what she said:

Rather, race-sensitive admissions policies further a compelling state interest in achieving a diverse student body precisely because they increase minority enrollment, which necessarily benefits minority groups. In other words, constitutionally permissible race-sensitive admissions policies can both serve the compelling interest of obtaining the educational benefits that flow from a diverse student body, and inure to the benefit of racial minorities.

The above stunning quotation is followed by a lot more soporific stuff. Considering how plagued I am by insomnia, I really should have a copy of Sonny’s dissent by my bedside. It makes for exhausting reading. The only downside, of course, would be the inevitable nightmares flowing from her racially carved up universe.

So, anyway…. Blah, blah, blah. And then this, the moment at which she states that the only way to make effective the 14th Amendments constitutional guarantee not to discriminate is to . . . wait for it . . . discriminate:

That view [that the 14th amendment means that the law applies equally to everybody] drains the Fourteenth Amendment of one of its core teachings. Contrary to today’s decision, protecting the right to meaningful participation in the political process must mean more than simply removing barriers to participation. It must mean vigilantly policing the political process to ensure that the majority does not use other methods to prevent minority groups from partaking in that process on equal footing. Why?

Did she just end that deconstructionist, magical thinking rant by asking “Why?” Well, I’ve got the answer, so you can ignore Sonny’s new-Age, victim-based, PC bibble-babble version of an answer. The obvious reason Sonny believes that the government must discriminate, world without end, on behalf of blacks and Hispanics is that, in her mind, these two racial groups are congenitally incapable of partaking in the political process without Mommy and Daddy government holding their hands. Unlike all other minorities who pulled themselves up by their own bootstraps, her posse can’t do it. And if that isn’t the most vile racism you ever heard — a Supreme Court justice saying that blacks and Hispanics are defective and will always need government help just to get back — I don’t know what is.

I’m now bored with Sonny. Sonny is pathetically burdened by an unpleasant reality:  she got into college and law school and government work and the Supreme Court thanks to affirmative action.  She had neither the brains nor the self-discipline to make it on her own (unlike the legions of Jews, Italians, Irish, Asian, and East Asian immigrant kids who looked at their often squalid surroundings and made the decision to be the best and, without either government discrimination or aid, rose to the heights.  This painful knowledge goes some way to explaining her embarrassingly self-referential opinion. She knows that she’s inadequate and, rather than admitting to her own mental infirmities, makes herself feel better by telling the American people that all blacks and Hispanics are just as mentally deficient as she is.

Let me say this again: for every other group in America that suffered government sponsored discrimination, after the government stopped discriminating (either against or for them) that group was able to achieve social, economic, and political success within one generation. Sonny is too scared to give blacks and Hispanics that same chance. In order to justify in her own eyes the unfair advantage she got at every stage in her career, she wants to ensure that no black or Hispanic ever has to compete on a level playing field.

Part of Sonny’s decision is her racism, a disdain for blacks and Hispanics that would fit comfortably on a KKK Imperial Wizard’s lips. And the other part of it is her fear that, if they succeed, she’ll have to acknowledge the failure that lies under all the undeserved accolades and professional advancements that came her way.

Friday afternoon round-up and Open Thread

Victorian posy of pansiesThe Taliban has hit Marin County (indirectly).  Marin County is headquarters for Roots of Peace, an admirable charity that seeks to advance agricultural development in poverty-stricken areas.  It has an outpost in Afghanistan, where it seeks to enable the Afghani people to feed themselves.  The Taliban can’t have that kind of thing happening in its country.  It therefore sent off some foot soldiers to attack the Roots of Peace Kabul office, killing a child in the process.  If radical Islam had a cable-TV station, it’s motto would be “All war, all the time.”  One wonders if this will be a bit of reality that mugs that peaceniks who are so self-centered that they cannot envision cultures that have, as their core value, a desire for perpetual warfare.

***

David Clarke, Milwaukee’s Sheriff, made a splash when he encouraged Milwaukee’s beleaguered citizens to arm themselves:

Police chief get a gun

I think Clarke may have found a kindred spirit in Detroit Police Chief James Craig. During a press conference in which he discussed the rising numbers of homeowners (successfully) using arms to defend themselves, he had this to say:

Detroit Police Chief James Craig said at a press conference last week that in his 37-year career, he’s never seen as many homeowners defending themselves by shooting intruders. Craig told The News in January he felt the crime rate could be lowered if more “good Americans” were armed, because he said criminals would think twice about attacking.

“It does appear more and more Detroiters are becoming empowered,” Craig said. “More and more Detroiters are getting sick of the violence. I know of no other place where I’ve seen this number of justifiable homicides. It’s interesting that these incidents go across gender lines.”

We want more law enforcement like Clarke and Craig, and less like Marin’s Second Amendment-challenged sheriff.

***

I also want more of this:  An Ebony magazine editor went on a rant against conservative blacks; got called on it; claimed that the person calling her out was a white racist; when she learned that the person calling her out was black apologized for calling him white; and then doubled down on rants that were both anti-conservative black and anti-white.  (That’s not want I want to see more of.  It’s this next thing I like.)  Normally, Republicans would run away screaming from this type of confrontation, leaving the racist Leftist in control of the field.  This time, the RNC demanded an apology . . . and got it.

***

Speaking of the Left’s racial obsessions:  Any half-sentient being knows that Stephen Colbert’s shtick is that he created a faux-conservative character who is pathologically dumb, racist, sexist, etc., and that Colbert, a marginally-talented generic Leftist, uses this character to claim that all conservatives are pathologically dumb, racist, sexist, etc.  That’s why it’s hysterically funny that, when his show tried to  highlight (non-existent) Republican racism by having his character ostensibly tweet out a crude anti-Asian stereotype, the Asian community got riled and demanded that Colbert be fired for being an anti-Asian racist.  Asians should stop getting their knickers in a twist about stupid TV shows and should start looking at where their real politic interests lie.  (Hint:  It’s not the Democrat Party.)

***

Leland Yee has been around forever as a fixture in Bay Area politics.  As his name implies, he’s Asian, he’s hard Left, and he represents San Francisco and parts of San Mateo in the California legislature.  Since Sandy Hook, Yee’s been very vocal about being anti-guns.  He also just got indicted for gun running, including trying to sell arms to Islamist groups.  The MSM has been trying hard to ignore his story, as it’s been trying hard to ignore a bunch of other stories about spectacularly corrupt Democrat figures.  Howie Carr therefore serves a useful public service when he calls out the media, the Democrat party, and the crooks.

***

Speaking of crooks, Harry Reid claims never to have called Republicans liars when it comes to Obamacare, despite footage of him calling Republicans liars because of Obamacare.  There’s some debate on the Right about whether Reid’s gone senile or is just trying out his version of The Big Lie.  My theory is that we’re seeing malignant narcissism in play.  As I’ve said a zillion times before in speaking about Obama, malignant narcissists never “lie” because their needs of the moment always dictate the truth of the moment.  That is, if they need to say it, it must be true.  (It’s nice to be your own God.)

***

Keith Koffler identifies the four roots of Obama’s disastrous foreign policy.  I agree with him, although I would add a fifth, which is that Obama desperately wants to see America knocked down to size as punishment for her myriad sins.  Perhaps Obama should read the DiploMad, as he explains why Russia, the country before which Obama is now weakly doing obeisance, has always been much worse than America could ever be, both as a protector and an enemy.

***

Adm. Jeremiah Denton, Jr. has died at 89.  The public learned about Denton during the Vietnam War when, during one of the forced confessions that the North Vietnamese liked to televise to the world, he blinked out a Morse code message — “T-O-R-T-U-R-E” — thereby providing the first proof America had that the Commies were torturing American POWs.  During the same interview, he bravely said he supported his country, a statement that led to more torture.  Denton was also America’s longest-held POW, spending almost 8 years in the Hell that was the Hanoi Hilton, and various related prisons.  During that entire time, he was brutally and repeatedly tortured and he spent four years in solitary confinement (where he was tortured).  My heart bleeds when I read what happened to him.  But Denton came home and he got on with a full, rich life, including six years in the U.S. Senate.  If anyone deserves to Rest In Peace, it is Adm. Denton.

***

I don’t think much of Stanford.  It’s nothing personal.  I think all the big universities (and most of the small ones) have become intellectually corrupt.  However, Prof. Michael McConnell, at Stanford Law School, has somewhat restored my faith in Stanford by writing one of the clearest analyses I’ve yet seen of the problems facing the government in the Hobby Lobby case.  Of course, law and logic will not sway Ginsberg, Kagan, Sotomayor, and Breyer, all of whom are activists much more concerned with making policy than with applying law.  As happens too often, Anthony Kennedy will cast the deciding vote — a reality that places way too much power in the hands of a man who seems too often to blow, not where the Constitution takes him, but wherever his fancy for the day alights.

***

And to end on a light note, two more ridiculously funny Kid Snippets, offering an inspired combination of kid wisdom lip synched by some remarkably talented adult actors:

 

Ann Althouse seems surprised that Jeffrey Toobin is a moron about law; I am not surprised *UPDATED*

220px-Jeffrey_toobin_2012Jeffrey Toobin shot to national fame during the OJ trial, when he broke the story about the “race card.”  For New Yorker readers, he speaks ex cathedra on all legal issues.  For people who pay attention to the law, he’s a nincompoop.  Ann Althouse just caught Toobin in a major error about the Hobby Lobby case.  He was able to side firmly with the Obama administration only by ignoring the Religious Freedom Restoration Act, which serves as the basis for the plaintiffs’ claim.

I was not surprised.  Back in 2007, I wrote about another embarrassing Toobin article purporting to explain the law to New Yorker readers.  Since that post was on my old blog site, I’ll reprint it here and now:

*****

Today’s entry on the long list of media dishonesty is Jeffrey Toobin’s article about the current United States Supreme Court, an article given pride of place as the first entry in the New Yorker‘s “The Talk of the Town.”

The article, which ends with a reminder to New Yorker readers to keep the Supreme Court in mind when they cast their votes in November 2008, manifestly intends to scare people into believing that a new Dark Age, led by Catholic men in dark robes, is dawning. Sadly for Toobin’s authorial honor, and unfortunately for his credulous liberal readers, the only way he can do this is to lie, both by implication and, I’m sorry to say, by an outright falsehood.

Toobin confines his little attack on the Court to three decisions that came out under Chief Justice Roberts aegis. As to one of those cases, involving a death sentence, I have no information and, since it’s in criminal law, I have no desire to educate myself about the case’s ins and outs. As to the other two, however, because I’m familiar both with the cases and with the type of jurisprudence at issue, I do feel capable to comment.

The first case Toobin goes after is Ledbetter v. Goodyear Tire & Rubber Co., Inc., 127 S.Ct. 2162 (2007). This following paragraph constitutes Toobin’s entire discussion of the case and its outcome:

Moving with great swiftness, by the stately standards of the Court, Roberts, Alito, and their allies have already made progress on that agenda. In Alito’s first major opinion as a justice, earlier this year, he sharply restricted the ability of victims of employment discrimination to file lawsuits. The Court said that plaintiffs in such cases must bring their suits within a hundred and eighty days of, say, an unfair raise. But, because it generally takes employees longer than that to establish that they have been cheated, the effect of the ruling will be to foreclose many lawsuits.

What any sensible reader will understand from this terse summary of the case is that the reactionary Supreme Court, lusting after a return to the 19th Century’s golden era of unfettered employer rights, has foreclosed forever the possibility that employees can claim wage discrimination more than 180 days after that discrimination occurs. In the minds of Toobin’s readers, the justices have placed a permanent wall between these hapless employees and legal redress. Except that this understanding, which is really the only reasonable understanding possible based on the limited information Toobin provides, is entirely untrue.

What the Supreme Court said was that a Federal law imposing a 180 day deadline within which to file a wage discrimination begins to run on the date the employer makes the decision to discriminate, not on the date the employer cuts the last paycheck reflecting that discriminatory decision. That’s all.

Here’s the applicable law as summarized in Ledbetter:

Title VII of the Civil Rights Act of 1964 makes it an “unlawful employment practice” to discriminate “against any individual with respect to his compensation … because of such individual’s … sex.” 42 U.S.C. § 2000e-2(a)(1). An individual wishing to challenge an employment practice under this provision must first file a charge with the EEOC. § 2000e-5(e)(1). Such a charge must be filed within a specified period (either 180 or 300 days, depending on the State) “after the alleged unlawful employment practice occurred,” ibid., and if the employee does not submit a timely EEOC charge, the employee may not challenge that practice in court, § 2000e-5(f)(1).

Ledbetter, 127 S.Ct. at 2166 -2167. In other  words, Congress had mandated that if a person claims that her (or his) gender led her (or his) employer to pay her (or him) a discriminatory salary, then that person has between 180 or 300 days from the discriminatory act to file a claim with the EEOC.

Ms. Ledbetter argued that the legislatively vague phrase “alleged unlawful employment practice” should be understood to refer to her paycheck.  Her interpretation would mean that every single paycheck starts a new cause of action (and, presumably, reaches back to encompass prior paychecks). Her employer contended that the “alleged unlawful employment practice,” if any such act existed, would be the employer’s decision to pay its employee a discriminatory amount, as opposed to the fruit of that decision (i.e., the paycheck). The Supreme Court carefully analyzed myriad prior decisions and concluded that the employer had the better argument.

Speaking personally, I find Alito’s analysis clear and compelling.  As is always the case in the law (or at least mostly the case in the law), one can examine legal precedent and draw different conclusions or find entirely different cases to act as precedent. The dissent, for example, contends that it’s unreasonable to ask people to investigate how their pay ranks against their peers’ pay, and that they should be allowed to wait years, perhaps, before they figure out that they’re getting the short end of the salary stick. By advocating a different standard of responsibility for the employee, the dissent can look to different cases so as to reach a different outcome. And that, from beginning to end, is what Ledbetter is all about.

Knowing what the case is about helps one appreciate what the case is not about: It is not a ruling holding that, henceforth, employees must forever be barred from bringing wage discrimination claims if they don’t figure the problem out within 180 days of their most recent pay raise (or pay raise refusal). The Supreme Court is not making law. It is simply interpreting the law as written in light of case precedent. If the Legislature feels there’s a problem, it can change the law. That last is a singularly important point, since it goes to the heart of the difference between strict constructionists, who limit themselves to interpreting law, and judicial activists, who feel impelled to correct perceived Legislative errors, omissions, and ambiguities.

As I pointed out initially, Toobin’s short, elliptical analysis of the case utterly fails to explain to his readers that the majority was not making a law barring employees forever from complaining about wage discrimination more than 180 days after the fact, but was instead merely interpreting the law as written, leaving the matter open for Legislative change. This serious omission about the impact of a Supreme Court decision forces Toobin’s less informed readers to believe that the Supreme Court has dealt a permanent policy blow to the rights of American workers.

Toobin goes from misleading by omission to out-and-out misrepresentation when he discusses Gonzales v. Carhart, 127 S.Ct. 1610 (2007), the decision upholding Congress’ 2003 Partial Birth Abortion Ban. Here is Toobin’s summary. I’ve highlighted the language that is out-and-out false:

Most notoriously, the Court, for the first time in its history, upheld a categorical ban on an abortion procedure. The case dealt with so-called partial-birth abortion—a procedure performed rarely, often when there are extraordinary risks to the mother, the fetus, or both. But more important than the ruling were the implications of Justice Anthony M. Kennedy’s opinion. The Court all but abandoned the reasoning of Roe v. Wade (and its reaffirmation in the 1992 Casey decision) and adopted instead the assumptions and the rhetoric of the anti-abortion movement. To the Court, it was the partial-birth-abortion procedure, not the risks posed to the women who seek it, that was “laden with the power to devalue human life.” In the most startling passage in the opinion, Kennedy wrote, “While we find no reliable data to measure the phenomenon, it seems unexceptionable to conclude some women come to regret their choice to abort the infant life they once created and sustained.” Small wonder that Kennedy’s search for such data was unavailing; notwithstanding the claims of the anti-abortion movement, no intellectually respectable support exists for this patronizing notion. The decision to have an abortion is never a simple one, but until this year the Court has said that the women affected, not the state, had the last word.

That last statement is just plain, absolutely, completely wrong.

Contrary to most people’s assumptions about Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), that case does not create an unfettered right to abortion. Instead, it established a delicate balancing act over the entire length of the pregnancy between the State’s interests and the woman’s interest in the fetus.  In the first trimester, when the fetus is not viable outside the womb, the balancing favors the woman’s right to choose how she wants to handle her pregnancy. In the second trimester, as the fetus nears viability, the balance begins tipping in the State’s favor. And, in the third trimester, when the fetus is viable, the State’s interests may triumph:

With respect to the State’s important and legitimate interest in potential life, the “compelling” point is at viability. This is so because the fetus then presumably has the capability of meaningful life outside the mother’s womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother.

Roe v. Wade, 410 U.S. at 163, 93 S.Ct. at 732.

Because it has never been the law of the land that the woman affected “had the last word,” it is dead wrong when Toobin says that Gonzales marks a stunning reversal of American abortion law. Instead, Gonzales is nothing more than a recycling of principles already articulated in Roe v. Wade. No matter how people may fulminate about Justice Kennedy’s touchy-feely analysis of abortion (a bad writing habit he no doubt picked up from his years in a liberal dominated court), the fact remains that the decision he authored in Gonzales did not take away any rights already granted in Roe v. Wade — a case which more than 30 years ago ensured that, near the end of the pregnancy, the State’s interests, not the woman’s, can be given primacy.

Toobin, of course, is not the only liberal to try to make political capital out of what must be a deliberate mis-reading of Roe v. Wade’s clear language. Immediately after the Supreme Court handed down its decision in Gonzales, Hillary Clinton issued a press release that also positioned the case as something entirely new and horrible:

Washington, DC — “This decision marks a dramatic departure from four decades of Supreme Court rulings that upheld a woman’s right to choose and recognized the importance of women’s health. Today’s decision blatantly defies the Court’s recent decision in 2000 striking down a state partial-birth abortion law because of its failure to provide an exception for the health of the mother. As the Supreme Court recognized in Roe v. Wade in 1973, this issue is complex and highly personal; the rights and lives of women must be taken into account. It is precisely this erosion of our constitutional rights that I warned against when I opposed the nominations of Chief Justice Roberts and Justice Alito.”

That Hillary created rights under Roe v. Wade that never existed in the first place isn’t too surprising. While she may be trained as a lawyer, she is first and foremost a politician, and one who has shown a willingness to do and say whatever it takes to obtain a political advantage.

That Toobin did the same thing is more disturbing. Toobin is not only a lawyer, he is a journalist who specializes in legal matters. His readers believe that he is using his legal knowledge and narrative fluidity to explain to them accurately legal matters that, while they may not be intelligible to the average person, nevertheless have immediate and significant impact on ordinary peoples’ lives. Toobin has taken this trust and used it to perpetuate lies. I’d cry “shame” but I suspect that, as to Toobin, that concept, whatever role it may once have had in his life, no longer exists.

UPDATE:  Earl Aagaard reminds me that, while Roe v. Wade refutes Toobin’s statement, it was illusory in its effect:

“…Roe v. Wade…does not create an unfettered right to abortion. Instead, it established a delicate balancing act over the entire length of the pregnancy between the State’s interests and the woman’s interest in the fetus. ”

This is true, Bookworm…..but your post ignored the fact of Doe v. Bolton, issued the same day as Roe v. Wade.  Doe says that a woman’s decision can be based on her “health”, and interprets health to include “mental health”, meaning that there is NO balance.  A woman has only to say she might be suicidal if she has to carry the baby to term and the decision of the SCOTUS says she must be allowed to abort – through all nine months of pregnancy.

What Roe gave, Doe took away, and our country has FAR less restrictive abortion laws than Europe….ever since 1973.

About Chief Justice Roberts . . . . A counterintuitive observation from James in Hayward

John RobertsJames in Hayward thinks that the Supreme Court’s Obamacare decision might have been a blessing in disguise:

Yep, John looks better all the while. If SCOTUS had knocked down that utopian hogwash, Demorats would be having a field day parroting about how the Repubs have destroyed America’s chance for decent health care. I don’t think the Justice was being blackmailed, I think he had contacts in Canada who informed him of the pub gossip.

And have you considered that Obama and Putin are two sides of the same fool’s gold coin? Perhaps a Euro.

History is made up of “what ifs.” Certainly Obama would be in a more powerful position now if he didn’t have Obamacare and could spend his time decrying Republican cruelty. As it is, even with all the media cover he’s been getting, Americans are getting a good look at socialism’s reality.

(An aside: I love James’ neologism — “Demorats”.)

An embarassment of riches; or links to all over

Quick Link and Open Thread image

There’s so much good stuff out there, I’m just going to spill it all here, a la Instapundit.

Jonathan Tobin doubts that Obama’s upcoming three-week long “Sham-Wow” commercial for ObamaCare will miraculously turn around the public’s perception that the program is a failure and the president a liar.

The success of the president’s snake-oil show is especially doubtful given that the narcissists in the White House are now blaming the public for the website’s manifest failings.

Oh, and Obama junket will also have dubious success because news is leaking out that the Obamacare site is a hacker’s wet dream.

Right now, it looks as if Obama has finally been unable to fool all of the people all of the time, at least when it comes to Obamacare.

After Chief Justice Roberts resuscitated Obamacare, I find it hard to imagine the courts dismantling that monstrosity.  Still, it’s possible.

For people who want to see the inevitable graveyard of Obama’s anti-capitalist, anti-freedom, redistributionist policies, they need look no further than Venezuela, where the country has gone from stable to basket-case in a decade.

If you want to renew your driver’s license in Oregon, you’d better come in prepared with every bit of proof known to man showing that you are who you say you are.  Interestingly, though, you don’t need to show any ID to vote in Oregon.  Just sayin’.

I was reading Glenn Reynold’s article explaining why we should abolish the TSA, and I was nodding so hard in agreement, I looked like one of those bobble-head dolls in someone’s car.

I could dig up the zillions of posts I’ve done about the way in which the welfare state destroyed the black community because it was rational for blacks to put forth less effort.  I won’t though.  Thomas Sowell makes the same point, only he does so brilliantly in his article about test scores.

When you’re George Bush and increase AIDS aid to Africa, you’re reviled; when you’re Hillary Clinton and you decrease AIDS aid to Africa, you get a reward from the AIDS Foundation.  It’s not what you do, it’s whether there’s an “R” or a “D” after your name.

Regarding Iran, here’s the good news:  Obama’s an idiot, but the Iranians aren’t necessarily that smart (although, so far, their madman chess is a lot more successful than Obama’s amateur basketball).

On Passover, Jews the world ask “Why is this night different from all other nights?”  When it comes to Islam, if you still find yourself “Why is this religion different from all other religions?”, you’re not asking that because you’re engaging in a timeless religious ritual.  Instead, if you still have to ask that question you, like our President, are an idiot.  Islam is indeed different from all other religions and that difference lies in the fact that it’s utterly barbaric as written and as practiced.

No, Obama is not Hitler.  (He’s more Neville Chamberlain, with a large dollop of the Hugo Chavez school of economics.)  Nevertheless, the Dems couldn’t have been more tin-eared when they came up with “White House Youth” or WHYouth (to which I either want to answer, Why not? or I want to do an endless bullet-point list explaining why you’re not getting good public policy if you look to young people as your guide).

I’m sure there’s someone in the British government who could be dragged to a microphone to say, “Hey, some of my best friends are Jews.”  Nah!  Not really.  Because there’s no one left in Britain who could say that with a straight face, why Britain was able to ban Robert Spencer and Pamela Geller from entering England in part on the ground that they were pro-Israel.

Is it the Onion or is it just an ordinary Progressive news report about businesses in America?

And finally, if you’re a veteran and you can’t get a gun, Dom Raso has some helpful practical advice.

Justice Alito’s footnote sums up everything that is wrong with our judicial system

I haven’t had the heart or the stomach to read the Supreme Court decisions that came out today.  (It’s not about content.  It’s about the fact that, with rare exceptions, I find most Supreme Court decisions too horribly written and turgid to read.)  I therefore didn’t discover this gem from Justice Alito in the DOMA case  Instead, I’m passing it on to you from Paul Mirengoff at PowerLine, including the emphasis Mirengoff added:

The degree to which this question [the traditional view of marriage vs. the consent-based view] is intractable to typical judicial processes of decisionmaking was highlighted by the trial in Hollingsworth v. Perry. In that case, the trial judge, after receiving testimony from some expert witnesses, purported to make “findings of fact” on such questions as why marriage came to be, Perry v. Schwarzenegger, 704 F. Supp. 2d 921, 958 (ND Cal. 2010) (finding of fact no. 27) (“Marriage between a man and a woman was traditionally organized based on presumptions of division of labor along gender lines. Men were seen as suited for certain types of work and women for others. Women were seen as suited to raise children and men were seen as suited to provide for the family”), what marriage is, id., at 961 (finding of fact no. 34) (“Marriage is the state recognition and approval of a couple’s choice to live with each other, to remain committed to one another and to form a household based on their own feelings about one another and to join in an economic partnership and support one another and any dependents”), and the effect legalizing same-sex marriage would have on opposite-sex marriage, id., at 972 (finding of fact no. 55)(“Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriages”).

At times, the trial reached the heights of parody, as when the trial judge questioned his ability to take into account the views of great thinkers of the past because they were unavailable to testify in person in his courtroom. See 13 Tr. in No. C 09–2292 VRW (ND Cal.), pp. 3038–3039.

And, if this spectacle were not enough, some professors of constitutional law have argued that we are bound to accept the trial judge’s findings—including those on major philosophical questions and predictions about the future—unless they are “clearly erroneous.” [citations omitted] Only an arrogant legal culture that has lost all appreciation of its own limitations could take such a suggestion seriously.  (Emphasis added)

California Progressives commit one of the best inadvertent puns I’ve ever seen

The one thing you can count on with Progressives is that anything that happens in Washington, D.C. — any legislation, any election, and any legal decision — is a reason to go out and beg for money.  Within hours of the Supreme Court decision that effectively strikes down Prop. 8, making gay marriage legal in California, a group called “Courage Campaign” sent out an email begging for money and, in the process, created one of the funniest inadvertent puns I’ve seen in a long time:

VICTORY! Now let's leave no gay behind

If you haven’t caught what makes it so funny, here’s a hint: read the very first line aloud:

VICTORY! Now let's leave no gay behind2

Hat tip: Sadie

Gay Marriage Open Thread

I really don’t have much to say about the DOMA decision.  I think it’s another Roe v. Wade in terms of creating rights that never existed.  The difference, though, is that the Supreme Court waited to make the decision until the tide had turned at the popular support level, with more and more Americans supporting gay marriage.

As for the Prop. 8 decision, I agree with a Facebook friend of mine who wrote:  “SCOTUS has made its ruling on Prop 8 today. No matter which side of the issue one comes down on, it should be frightening to all of us that an Attorney General of ANY STATE can simply choose not to defend ANY LAW and *POOF* the law will be overturned.”  There lies the way to tyranny, when the people no longer have standing on their own behalf.

Lastly, Kennedy has altogether too much power.  I never get the feeling that the guy has any fixed legal or constitutional principles.  At least the guys (and gals) on the Left are Lefties and the guys on the right are Righties (except for Chief Justice Roberts, who I think was blackmailed on ObamaCare).  Kennedy is a “whatever.”  When I was in law school, there was a saying that “the law is what the judge had for breakfast.”  With Kennedy, it’s also what he had for lunch, dinner, and his little midnight snack.

Please chime in here with your feelings on the subject.

 

The Watcher’s Council forum examines the ObamaCare opinion

If you’d like to see in one place a broad range of opinions about the Supreme Court’s ObamaCare decision (or, more accurately, opinions John Roberts’ intellectual spasm), check out this week’s Watcher’s Council forum.  This is a special one, because we not only have a sampling of Council members participating (including me), but we also have two wonderful guest contributors:  Robert Avrech and Maggie.