Saturday Late Morning Links

Good Morning! Here are a few news links to get you started on your weekend reading.

Ralph posted this FDL link in a comment last night last night, and I thought it deserved front page attention: Right-Wingers Horrified to Discover That Conservative Movement is Seriously Crazy

The complete implosion of the Secessionist on the national stage and the subsequent rise of the Pizza Guy has just been too much for some wingers to take. They’re looking at those polls showing the Pizza Guy still leading Willard, and wondering how the hell they came to be totally surrounded by crazy people.

The quotes from wingers are too funny. They’re almost as disturbed by their candidates as we are.

From Politico, more on the Cain sexual harassment situation:
Under Herman Cain, NRA launched sex harassment fight

In the wake of the televised 1991 Clarence Thomas Supreme Court confirmation hearings — and the widely publicized sexual harassment charges leveled against him by Anita Hill — American businesses had been hit by a wave of sexual harassment cases. And the restaurant industry, in particular, was hit especially hard.

Industry officials saw it coming — none other than Cain himself warned as long ago as 1991 that changes in federal law resulting from the hearings could cause problems for employers.

“This bill opens the door for opportunists who will use the legislation to make some money,” Cain, then CEO of Godfather’s Pizza, told Nation’s Restaurant News. “I’m certainly for civil rights, but I don’t know if this bill is fair because of what we’ll have to spend to defend ourselves in unwarranted cases.”

Excuse me? Unwarranted cases?

NYT: Greek Leader Survives Vote, Bolstering Deal on Europe Debt

ATHENS — Prime Minister George Papandreou of Greece survived a crucial confidence vote in the Greek Parliament early on Saturday, a vote that signaled approval of the comprehensive deal reached by European leaders last week to stabilize the euro and to help Greece avoid defaulting on its debt.

Mr. Papandreou pledged to form a unity government with a broader consensus, regardless of whether he would lead it, and met with President Karolos Papoulias to explore the composition of a transitional government.

According to media reports, Mr. Papandreou told the Greek president that the country needed to forge a political consensus to prove it wanted to keep the euro. “In order to create this wider cooperation, we will start the necessary procedures and contacts soon,” Reuters quoted Mr. Papandreou as saying.

“My aim is to immediately create a government of cooperation,” Mr. Papandreou was quoted as saying. “A lack of consensus would worry our European partners about our country’s membership of the euro zone.”

According to the UK Guardian, Papandreau will soon be replaced with “his deputy and rival Evangelos Venizelos.”

Venizelos has won considerable respect among eurozone leaders for his handling of the crisis. It was he who forced Papandreou to abandon his destabilising plans for a referendum on the 27 October eurozone summit package that envisages a further €130bn (£112bn) bailout for Greece paid for largely by a 50% “haircut” for private creditors on their holdings of Greek debt. This was after the pair were given a humiliating dressing down by Germany’s Angela Merkel and France’s Nicolas Sarkozy before the G20 summit got under way in Cannes.

The finance minister, who was first to congratulate the premier on his pyrrhic victoryon Saturday, has been on the phone to reassure his eurozone colleagues, above all Wolfgang Schäuble of Germany, that Greece will meet the terms of the second bailout and be able to reach a deal on the fine details within a few weeks.

Bondholders marshalled by the International Institute for Finance are demanding political certainty in the country – as is the business community which has been pressing behind the scenes for a government of national salvation led by a non-political figure such as Loukas Papademos, former president of the European Central Bank.

Venizelos told Schäuble et al that he would turn up at Monday’s meeting of eurogroup finance ministers in Brussels armed with what his ministry called “the political guarantees which are necessary for the disbursement of the sixth tranche of €8bn”. This is the sum required before 15 December to save Greece from bankruptcy. Greek banks, which have almost €50bn exposure to state debt, need the package approved swiftly so they can rebuild their capital base.

WSJ on the death of Andy Rooney:

Andy Rooney was America’s bemused uncle, spouting homespun wisdom weekly at the end of “60 Minutes,” a soupcon of topical relief after the news magazine’s harder-hitting segments.

Peering at viewers through bushy eyebrows across his desk, Mr. Rooney might start out, seemingly at random, “Did you ever notice that…” and he was off, riffing on pencils, pies, parking places, whatever. Then he was done, slightly cranky revelations delivered in a neat three-minute package.

Mr. Rooney, who died Friday night at age 92, was a reporter and writer-producer for television for decades before landing in 1978 on “60 Minutes.” To his consternation, the show made him into a celebrity.

I was never a fan, but I’m sure many Americans will miss him.

Please post your recommended reads in the comments, and have a great Saturday!


Breaking: Herman Cain Accuser Releases Statement Through Attorney

Herman Cain

Here is the statement one of the women who accused Herman Cain of sexual harassment while he was CEO of the National Restaurant Association (NRA) in the 1999. The statement was made through her attorney Joel Bennett. Via Politico (emphasis added):

In 1999 I was retained by a female employee of the National Restaurant Association concerning several instances of sexual harassment by the then CEO.

She made a complaint in good faith about a series of inappropriate behaviors and unwanted advances from the CEO.

Those complaints were resolved in an agreement with her acceptance of a monetary settlement. She and her husband see no value in revisiting this matter now, nor in discussing this matter further, publicly or privately. In fact it would be extremely painful to do so.

She is grateful that she was able to return to her government career, where she is extremely happy serving the American people to the best of her ability. She looks forward to continuing to work hard for them as we face the significant challenges that lie ahead.

She wishes to thank the media for the restraint that they have shown, her family – especially her sisters – for their love and support, her colleagues and supervisors for their patience and forbearance and her advisors for their wise counsel, and most of all, her dear husband of 26 years for standing by her and putting up with all of this.

Everyone is entitled to be treated with dignity and respect in the workplace. Sexual harassment is unfortunately very much alive and with us even today, and women must fight it in all kinds of workplaces and at all levels.

My client stands by the complaint she made.

According to Politico, the National Restaurant Association “waived the confidentiality restrictions to allow Cain’s accuser to speak through her lawyer and confirmed that her complaint had been filed against Cain.”

No doubt, more information will be coming out about Cain’s harassment of women. Abusers don’t just do this once. There is generally a pattern of similar incidents over time.


UPDATE:
TPM has more from Joel Bennett

Cain has said that the one payout he was aware of was closer to a severance package than any kind of settlement over inappropriate behavior. Bennett said that was inaccurate and that the agreement was clearly tied to the sexual harassment complaint. Asked whether it was possible Cain didn’t know about the settlement, since has only acknowledged one of the cases, Bennett said it may have been resolved after he left the NRA but that it still was highly unlikely he wouldn’t be informed.

“I would be astounded if the complaint was not brought to his attention,” he said.

While he said he was not aware of the other woman who filed a complaint against Cain, he indicated the existence of other accusers bolstered his client’s claim that Cain sexually harassed women.

“There’s an expression: where there’s smoke there’s fire,” he said. “the fact that there are multiple complaints tells me that there was probably some sexual harassment behavior by this man at that time.”


Thursday Reads: Power to the People!

Good Morning!! Over the past couple of days, I’ve become really fascinated with the situation in Greece. It’s a pretty fluid situation at the moment. On Tuesday Robert Reich wrote a pretty good primer on what is happening and expressed his view that letting the Greek people decide their own fate is the best idea. Here’s a bit of it:

Greek Prime Minister George Papandreou decided in favor of democracy yesterday when he announced a national referendum on the draconian budget cuts Europe and the IMF are demanding from Greece in return for bailing it out.

(Or, more accurately, the cuts Europe and the IMF are demanding for bailing out big European banks that have lent Greece lots of money and stand to lose big if Greece defaults on those loans – not to mention Wall Street banks that will also suffer because of their intertwined financial connections with European banks.)

If Greek voters accept the bailout terms, unemployment will rise even further in Greece, public services will be cut more than they have already, the Greek economy will contract, and the standard of living of most Greeks will deteriorate further.

If Greek voters reject the terms and the nation defaults, it will face far higher borrowing costs in the future. This may reduce the standard of living of most Greeks, too. But it doesn’t have to. Without the austerity measures the rest of Europe and the IMF are demanding, the Greek economy has a better chance of growing and more Greeks are likely to find jobs.

Shouldn’t Greek citizens make this decision for themselves?

Reich argues that it would have been better in the long run if the American people had been consulted about the bank bailouts here.

If Americans had been consulted about the 2008-2009 Wall Street bailout, I doubt it would have happened the way it did. At the very least, strict conditions would have been placed on the banks in return for the money. The banks would have had to eat the losses of the predatory mortgages they sold, and help homeowners reduce those mortgages. They’d be required to improve the capitalization of small banks in communities across the country. They’d be forced to accept stringent new regulations, including resurrection of Glass-Steagall

But we weren’t consulted. The wishes of the American people were considered irrelevant by the oligarchs who run this country. And the European oligarchs are hoping to prevent the Greek people from claiming a right to make a democratic decision.

Of course if the Greek people do decide to default on their debts, there will be serious consequences–for them and for the rest of Europe. Krugman calls it “Eurodämmerung.” He argues that

…the euro was an inherently flawed idea that can work only given a strong European economy and a significant degree of inflation, plus open-ended credit to sovereigns facing speculative attack. Yet European elites embraced the notion of economics as morality play, imposing across-the-board austerity, tightening money despite low underlying inflation, and have been too concerned with punishing sinners to notice that everything was going to blow apart without an effective lender of last resort.

The question I’m trying to answer right now is how the final act will be played. At this point I’d guess soaring rates on Italian debt leading to a gigantic bank run, both because of solvency fears about Italian banks given a default and because of fear that Italy will end up leaving the euro. This then leads to emergency bank closing, and once that happens, a decision to drop the euro and install the new lira. Next stop, France.

Yikes! But Fortune also says Italy and France are in trouble if Greece defaults. And Spain could go bust too.

What worries is that Spain and Italy are not in the Greek situation but they could be. Greece is bust and Spain and Italy could be driven bust. They both have a lot of debt and each year some of that debt has to be repaid. Now governments almost never do repay debt, they just borrow some more and use the new money to pay off the old. Bit like swirling what you owe around a few credit cards.

Which is just fine: except, if interest rates rise then they have to pay more interest on this new debt that they’re issuing to pay off the old. And if interest rates rise enough then they do go bust, as the interest payments they have to make take too much money out of the budget. Switching money around on zero interest introductory rate cards is very different from doing it when you’re being charged 30%.

Now, the general agreement is that when the interest rates are above 6% then Italy and Spain are in danger of going bust. When they’re over 7% they will do so. But of course, when people see that Italian interest rates are above 6% then they become more wary of lending Italy any more money and so interest rates keep on rising to possibly above 7% and game over.

It’s still not clear what Greece is going do in their referendum. Dakinikat says they need to ask the people if they want to leave the European Union or not. German Chancellor Angela Merkel and French President Nicolas Sarkozy have said that the referendum must ask the Greek people if they want to opt out of the Euro, but not the EU itself. Meanwhile, the offer of a bailout of Greece has been called off until after the vote on the referendum is taken. From Naked Capitalism:

The Eurocrats have decided to try to push Greece into line, threatening expulsion from the Euro (note, not the EU) if Greece does not back down. From a practical matter, if the Greeks were to turn down the bailout package, it would lead to a banking crisis, making a Eurozone exit a not that much more traumatic incremental move with considerable upside. And under the Maastrict treaty, Greece cannot unilaterally exit (although as various commentors have pointed out, Nato is not going to send in tanks if the Greeks were to do so).

But this may be an appeal to the Greek public, or more likely, an effort to break Greek prime minister’s Papandreou’s thin coalition on the eve of a vote of no confidence.

So that’s another possibility–that Papandreau’s government might fall. More on the European reaction from Bloomberg:

Led by Germany and France, Europe’s economic and political anchors, the euro’s guardians yesterday cut off financial aid for Greece until a vote they said would be on Dec. 4 or Dec. 5 determines whether it deserves a fresh batch of loans needed to stave off default.

“The referendum will revolve around nothing less than the question: does Greece want to stay in the euro, yes or no?” German Chancellor Angela Merkel told reporters after crisis talks hours before a Group of 20 summit set to begin today in Cannes, France. French President Nicolas Sarkozy said Prime Minister George Papandreou’s government won’t get a “single cent” of assistance if voters rejects the plan.

The hardball tactics open the door for a nation to leave the currency bloc that at its setup in 1999 capped Europe’s progression from war to prosperity and was declared “irrevocable” by its founding fathers. Polls show most Greeks object to the austerity required for aid, yet more than seven in 10 favor remaining in the euro, a survey last week of 1,009 people published in To Vima newspaper showed.

They’re going to have to decide between two awful choices, and the rest of Europe will have to deal with the results of the vote–if there is a default, failures of banks that hold Greek debt and getting Italian, French, and German taxpayers to pay for more bank bailouts–unless Papandreau’s government falls.  Read the whole article at Bloomberg to get a sense of how serious all this is.

In U.S. news, Occupy Oakland called for a general strike today. That situation is still fluid as of this writing, 11PM Eastern on Wednesday night.

OAKLAND – Protesters blocked streets near City Hall, smashed windows at a bank and gathered by the thousands in an attempt to shut down the nation’s fifth-busiest port Wednesday.

The Occupy Oakland protest was the largest in a series of rallies in several cities as the Occupy Wall Street movement that began Sept. 17 tried to grab national attention.

A group of about 300 protesters, many of them men wearing black, some covering their faces with bandanas and some carrying wooden sticks, smashed windows of a Wells Fargo bank branch while chanting “Banks got bailed out. We got sold out.”

Are you getting the feeling this genie can’t be put back in the bottle either? The Occupy demonstrations have shown us that we pretty much live in a police state at this point. There very little respect for the protesters’ constitutional rights by local governments or law enforcement. From Counterpunch, here is a report of what actually happened when police attacked protesters in Oakland on Oct. 25.

In a heavily armed pre-dawn raid, on Tuesday, Oct. 25, with back up from armored vehicles and helicopters, the Oakland Police Department in conjunction, with over 15 other police departments from Northern and Central California, stormed the sleepy Occupy Oakland Encampment.

Asleep inside tents of the makeshift Occupy encampment, were over a hundred men, women and very young children. The heavily armed police force, dressed in black ninja-like outfits, and special forces helmets, with full face-shields down, and armed with and assortment of latest riot gear, fired tear gas canisters and concussion grenades into the camp, as helicopters circled above.

Police then attacked and ransacked the entire encampment. In a short time, the camps library, soup kitchen, and children’s center were left in ruins, and over a hundred of the inhabitants were roughed up, arrested and held on high bail. The activists suffered many injuries, including broken bones.

Please read the whole thing–it’s an eyewitness account of a horrifying paramilitary action by police. As everyone knows, Iraq war veteran Scott Olson was critically injured in the melee.

Late last night as part of the general strike, Oakland protesters succeeded in shutting down the Port of Oakland.

Several thousand Occupy Wall Street demonstrators forced a halt to operations at the United States’ fifth busiest port Wednesday evening, escalating a movement whose tactics had largely been limited to rallies and tent camps since it began in September.

Police estimated that a crowd of about 3,000 had gathered at the Port of Oakland by early evening. Some had marched from the California city’s downtown, while others had been bused to the port.

Port spokesman Isaac Kos-Read said maritime operations had effectively been shut down. Interim Oakland police chief Howard Jordan warned that protesters who went inside the port’s gates would be committing a federal offense.

In New York, Los Angeles and other cities where the movement against economic inequality has spread, demonstrators planned rallies in solidarity with the Oakland protesters, who called for Wednesday’s “general strike” after an Iraq War veteran was injured in clashes with police last week.

Organizers of the march said they want to stop the “flow of capital.” The port sends goods primarily to Asia, including wine as well as rice, fruits and nuts, and handles imported electronics, apparel and manufacturing equipment, mostly from Asia, as well as cars and parts from Toyota, Honda, Nissan and Hyundai.

We knew there would eventually be civil unrest, and now we’re seeing it all over the world and here at home. What next? I’d say 2012 is going to be an eventful year.

With that, I’m going to wrap this up. I know there’s lots of other news, but these two stories–Greece and the general strike in Oakland–seem to me to symbolize what’s happening in the world today. People are sick and tired of being bilked by the super-rich, and ignored by the politicians. It’s so chaotic, yet I feel that the only hope we have is for the people to keep resisting as best they can. For so long, I was afraid nothing would wake American up, but I’m finally getting the feeling that we won’t go down without a fight. Let’s keep the elites nervous!

Sooooo… what are you reading and blogging about today?


Can Banksters be Shamed–or at Least Influenced–by Public Opinion?

It sure looks that way. From the Wall Street Journal:

Bank of America Corp. is dropping its plan to charge customers $5 a month for making purchases with their debit cards, a person familiar with the situation said.

The move is a dramatic retreat following decisions by several rivals in recent days to drop customer tests of the new fees. SunTrust Banks Inc. and Regions Financial Corp. also said Monday that they will stop charging customers for debit-card transactions.

Bank of America decided against the fees due to negative customer feedback on the plan and the moves by rivals, which left the Charlotte, N.C., lender as the only big bank planning to levy the fee on some customers next year.

According to Bloomberg, BofA CEO David Darnell claims the bank just “listened” to customers.

“We have listened to our customers very closely over the last few weeks and recognize their concern with our proposed debit usage fee,” David Darnell, co-chief operating officer, said in a statement from the Charlotte, North Carolina-based lender today. “As a result, we are not currently charging the fee and will not be moving forward with any additional plans to do so.”

Darnell wants us to believe that he had no clue that customers would be angry at being charged for accessing their own money. But actually, he apparently paid more attention to what his competitors were doing.

Bank of America reversed course after competitors including Wells Fargo & Co. (WFC), the No. 2 debit-card issuer, decided not to charge similar fees. Atlanta-based SunTrust Banks Inc. (STI) and Regions Financial Corp., based in Birmingham, Alabama, said yesterday they will eliminate their check-card fees after customers rebelled.

At least it’s a small win for the 99%. And I’m sure the banks were paying close attention to the Occupy Movement too, even if they’ll never admit it.


Tuesday Reads

Coffee and Morning News, by Tim Nyberg

Good Morning!! I am sooooo exhausted. Last Wednesday, I got back home after two months in Indiana. Normally, I would crash for a couple of days and be on the way to recovery from the long drive. But this time my Mom came back with me. She has been staying at my brother’s house, and I’ve had to drive over there nearly every day since I got home.

Yesterday I spent the day with my Mom and my nearly-9-year-old nephew, who was home sick and hung around for the trick-or-treating. My Mom is flying back home this morning at 8:30, and I was dreading having to get up at 5:30 in the morning to take her to the airport. But my brother volunteered to take her–halleluja! Finally I can spend a couple of days vegetating at home! I just hope I don’t get my nephew’s cold!

Anyway, here are some news links I found for you. I’ve been a bit out of touch, so I hope I won’t duplicate anything that has already been posted.

The freaky early snowstorm has left millions of people without power, which also means no heat. Even if you have gas or oil heat, the on-off mechanism still relies on electricity. So there are lots of people living in houses with temperatures around 50 degrees. I was really fortunate that my electricity was only off for several hours, mostly while I was sleeping.

Joanelle mentioned in comments last night that in her part of NJ, there is so much damage that trick or treating has been put off until Friday. The Christian Science Monitor had a story about this happening up and down the East coast.

Until hard-pressed utility crews get the lines restrung, many residents from North Carolina to Maine are living in homes that are barely 50 degrees, and in some cases, they’re unable to heat food. School systems are closed because, among other reasons, it’s not safe for children to walk on sidewalks that may still have live power lines on them. And many businesses aren’t open because they’re still in the midst of power outages.

“Electricity is the most fundamental of utilities. Most everything depends on electric power,” says Kathleen Tierney, director of the Natural Hazards Center at the University of Colorado at Boulder. “This has many of the earmarks of a disaster.”

In some states, governors are warning residents they may have to grin and bear it for days or even another week since the heavy snow did extensive damage to the electric grid. For example, in Connecticut and Pennsylvania, the snow knocked out some of the lines that get power from the generating plants to substations, where it then goes into a local distribution network. Connecticut Gov. Dannel Malloy (D) has asked President Obama to declare the state a federal disaster area, which would help with cleanup and recovery costs.

Herman Cain is still trying to explain away the story about his sexually harassing women in the 1990s. Now he’s calling it a witch hunt. But Rush Limbaugh, of all people, claims it’s racism.

RUSH: You know, I guess I shouldn’t be surprised, folks. After all of these years, none of us should be surprised, but I still am. Look at how quickly what is known as the mainstream media goes for the ugliest racial stereotypes they can to attack a black conservative. You know who’s laughing himself silly today is Bill Clinton. (imitating Clinton) “Yeah, I really did it. Ha-ha. They praised me and they went as far out of their way as they could. Even my old buddy Carville is out there and he’s saying, ‘Look what happens when you drag a dollar bill through a trailer park, you get Paula Jones.’ I have everybody defending me and they’re going after this black guy, and they’re going after him with some of the ugliest racial stereotypes I have ever seen. That’s how our side does it; we get away with it. I just love it. I love watching it.”

What’s next, folks? A cartoon on MSNBC showing Herman Cain with huge lips eating a watermelon? What are they gonna do next? No, Snerdley, I’m not kidding. The racial stereotypes that these people are using to go after Herman Cain, what is the one thing that it tells us? It tells us who the real racists are, yeah, but it tells us that Herman Cain is somebody. Something’s going on out there. Herman Cain obviously is making some people nervous for this kind of thing to happen.

When did sexual harassment become a racial stereotype? WTF is he talking about?

But at the National Review, Kevin D. Williamson says this may signal the end of Herman Cain’s campaign.

Here is what troubles me. Mr. Cain says: “If the Restaurant Association did a settlement, I wasn’t even aware of it, and I hope it wasn’t for much, because nothing happened. So if there was a settlement, it was handled by some of the other offices that worked for me at the association, so the answer is absolutely not.”

Okay, so if I’m reading that quote right, then:

1. Herman Cain, in his role as head of a major trade association, did not bother to learn how a complaint or complaints of sexual harassment against him was resolved.

2. Herman Cain, not bothering to have learned how a complaint or complaints of sexual harassment against him was resolved, decided to run for president without bothering to learn.

I got a lot of grief for writing that, based on my interaction with Mr. Cain, I would have hesitated to hire him to run a pizza company. I am feeling more comfortable in that judgment.

I wonder if Rush will condemn this: some Republicans in Virginia sent out a Halloween e-mail containing an image of President Obama shot through the head.

The Republican Party of Virginia on Monday strongly condemned an e-mail sent by Loudoun County’s GOP committee that shows President Obama as a zombie with part of his skull missing and a bullet through his head.

The e-mail, first reported on the blog Too Conservative, has “Halloween 2011” in the subject line and has several other images, including one of House Minority Leader Nancy Pelosi (D-Calif.), whose face has been made to look deformed with one eye bulging from its socket….

The e-mail, sent a week before local and state elections, invites supporters to a Halloween parade. “LCRC members and Republican candidates: We are going to vanquish the zombies with clear thinking conservative principles and a truckload of Republican candy. . . . It’s fun and a great way to represent our candidates to a ton of voters (and their kids) just before the election.”

Talk about ugly and wildly inappropriate! If anyone listens to Rush, let me know if he condemns this. I won’t be holding my breath though….

We’ve been talking about the irresponsible “journalism” of WaPo “reporter” Lori Montgomery, so I was interested to learn from Raw Story that a new website debuted yesterday with the goal of holding mainstream journalists accountable for what they write and don’t write. From Raw Story:

A Wikipedia-style website launched on Monday which provides information about the journalists behind the bylines.

News Transparency is a creation of Ira Stoll, the founder of another website called FutureOfCapitalism.com and the former managing editor of the now defunct New York Sun.

In a statement on its home page, newstransparency.com, the website said its goal is to help users “find out more about the people who produce the news” and “hold them accountable, the same way that journalists hold other powerful institutions accountable, by posting reviews and sharing information.”

News Transparency features an alphabetical list of hundreds of journalists and invites users to edit their profiles, which include basic biographical information such as age, education, current employer and work history.

Lori Montgomery is listed on the site, but so far there’s no information on her background. Does this woman even have a college degree? I’m waiting with bated breath to find out.

On my way home last night, I listened to the NPR program “On Point.” They were debating the Mississippi “personhood” for zygotes initiative, the goal of which seems to be to turn women into breeders with no freedom of choice and no rights over their own bodies. I highly recommend listening to the program. Hearing what the insane theocratic sponsors of this constitutional amendment have to say is truly frightening, but at the same time very important.

The New York Times has an op-ed about the proposed amendent: Mississippi’s Ambiguous ‘Personhood’ Amendment. The authors identify two main ambiguities in the amendment as written:

First, what does “fertilization” mean? As embryologists recognize, fertilization is a process, a continuum, rather than a fixed point. The term “fertilization” — which is sometimes considered synonymous with “conception” — could mean at least four different things: penetration of the egg by a sperm, assembly of the new embryonic genome, successful activation of that genome, and implantation of the embryo in the uterus. The first occurs immediately; the last occurs approximately two weeks after insemination (or, in the case of embryos created through in vitro fertilization that do not get implanted, never). Thus, on some reasonable readings of the amendment, certain forms of birth control, stem cell derivation and the destruction of embryos created through in vitro fertilization would seem impermissible, while on other equally reasonable readings they are not.

Second, the proposed amendment does not clearly indicate what the immediate legal impact would be. Would the amendment be “self-executing” — that is, effectuate a change to Mississippi law on its own — or would it require enabling legislation to set that change in motion?

Under existing doctrine, constitutional provisions or amendments that only set forth “first principles” or “policies” are not treated as self-executing, because they need laws enacted to further the stated principles or policies. In this case it’s not clear whether the amendment would, for example, immediately redefine thousands of references to “human beings” or “persons,” including those in provisions governing criminal homicide, or whether additional legislation would be necessary. Because of this uncertainty, voters considering this amendment cannot tell what actions would and would not immediately be subject to prosecutorial investigation were the amendment to pass.

I just hope this abomination doesn’t get enough votes!

That’s all I’ve got this morning. What are you reading and blogging about today?