Thursday Reads: Have We Lost The Fight Against Gun Violence?

Good Afternoon!!

Bather and her dog in the waves, Kees Von Dongen

Bather and her dog in the waves, Kees Von Dongen

Sadly, we’ve learned to expect mass shootings on a regular basis in this country. Americans are no longer safe from gunfire in schools, supermarkets, malls, movie theaters, music festivals, churches, mosques, and temples.

Over the past few days, we’ve learned that it can be dangerous to make mistakes like knocking on the wrong door, turning into the wrong driveway, opening the door of a that you mistook for your own, or even accidentally letting the ball you and your child are playing with roll into a neighbor’s yard.

Will this nightmare ever end? It sure doesn’t look that way.

The New York Times: Hundreds of Miles Apart, Separate Shootings Follow Wrong Turns.

Hundreds of miles apart, the two men stood in courtrooms, accused of shooting at someone who had made a wrong turn.

In a courthouse in Fort Edward, N.Y., Kevin Monahan, 65, was denied bail on Wednesday in a case where prosecutors say he fatally shot Kaylin Gillis, 20, after she and a group of friends mistakenly drove up his driveway while looking for another friend’s house.

In a small courtroom in Liberty, Mo., Andrew D. Lester, 84, carried a cane as he pleaded not guilty on Wednesday in the shooting of Ralph Yarl, 16, who had come to Mr. Lester’s door mistakenly thinking it was the address where his younger siblings were waiting to be picked up.

The two shootings were among recent cases involving gun attacks on individuals who were simply lost, or had seemingly made a minor misstep during an everyday task. On Tuesday, in Elgin, Texas, two teenage cheerleaders were shot just after midnight after apparently trying to get into the wrong car in a supermarket parking lot. The police said Pedro Tello Rodriguez Jr., 25, was charged with deadly conduct, a felony.

Lester told authorities that he was “scared to death” when he saw Yarl outside his door. (Yarl is black and Lester is white).

Monahan’s lawyer claimed that Monahan saw “several vehicles speeding up his driveway.” The lawyer also said that Monahan “feels terrible that someone lost their life.” Right. He feels so terrible that police only arrested him after a “standoff.” See this story at the New York Post.

Back to the NYT article:

Neighbors said that Mr. Monahan, a self-employed builder and longtime resident whose home sits on about 40 mostly wooded acres, had a reputation as a sometimes surly character who loved dirt bikes and largely kept to himself….

Adam Matthews, who lives next to Mr. Monahan and has known him for decades, said his neighbor could be aggressive and intimidating. “He was a difficult guy,” Mr. Matthews recalled, adding he was “known to have altercations with people.”

Édouard Manet, Tama, the Japanese Dog (circa 1875).

Édouard Manet, Tama, the Japanese Dog (circa 1875).

He added that Mr. Monahan was “always concerned with trespassing” and that the wide opening of his driveway resembled a road to some drivers. At one point, he said, Mr. Monahan had draped a chain across the mouth of his driveway, though the chain was no longer there last weekend….

Mr. Lester lives in a modest beige house outfitted with surveillance cameras, though city data shows there is relatively little crime in his quiet neighborhood near the northern edge of Kansas City. Neighbors said that his wife was recently moved to a nursing home, leaving him alone in his house. He spent considerable time at home in a living room chair, watching conservative news programs at high volume, a relative said….

Klint Ludwig, a grandson, said in an interview that he and his grandfather used to be close. The two had become estranged in part, Mr. Ludwig said, because Mr. Lester had embraced right-wing conspiracy theories.

Mr. Lester used to tell his grandson about serving in the military decades ago, and recount stories of working as a mechanic in the airline industry. They celebrated holidays together with extended family who lived in the Kansas City area. Mr. Ludwig, who described himself as left wing, said that Mr. Lester kept a large number of firearms in his home, including rifles and handguns.

But at a family gathering during the coronavirus pandemic, Mr. Ludwig said, Mr. Lester began sharing a conspiracy theory involving Dr. Anthony S. Fauci, the infectious disease expert.

“I was like, ‘Man, this sounds crazy,’” recalled Mr. Ludwig, 28. “I told him it was ridiculous.”

The two have not had a relationship since, Mr. Ludwig said.

Lester’s former wife of 14 years told the NYT that their marriage was “troubled,” and that he was violent. “I was always scared of him,” she said.

I saw the grandson on CNN this morning, and he said that Lester watches Fox News all day long.

The Kansas City Star has an  interview with this grandson: ‘Fear and paranoia.’ Grandson says Andrew Lester bought into conspiracies, disinformation.

A grandson of the man charged with shooting a Black teen in Kansas City’s Northland last week said he was “appalled” and “disgusted” at his grandfather’s actions and is thankful Ralph Yarl is recovering.

“I was horrified. I thought it was terrible,” Klint Ludwig said of his immediate reaction to hearing about the shooting of the 16-year-old. “It was inexcusable. It was wrong.

Edward Hopper, Cape Cod Evening (1939).

Edward Hopper, Cape Cod Evening (1939).

“I stand with Ralph, and really want his family to achieve justice for what happened to them. Their child or grandchild or nephew’s life was fundamentally changed forever, over a mistake and someone being scared and fearful.” [….]

Ludwig, who lives in the Kansas City area, told The Star on Wednesday that he also was disgusted at the way authorities handled the case.

He was critical of the way both police and the Clay County prosecutor conducted the initial investigation, releasing Lester and not charging him after he was first brought in. “The only reason why he is now receiving charges and an investigation is being held was because of community outreach to bring attention to this,” Ludwig said. “The response has been great. It’s been amazing to see this solidarity and coming together as a community.”

On the Fox News connection, Ludwig said he used to be close to his grandfather.

“But in the last five or six years or so, I feel like we’ve lost touch,” he said. “I’ve gotten older and gained my own political views, and he’s become staunchly right-wing, further down the right-wing rabbit hole as far as doing the election-denying conspiracy stuff and COVID conspiracies and disinformation, fully buying into the Fox News, OAN kind of line. I feel like it’s really further radicalized him in a lot of ways.”

Ludwig said his grandfather had been immersed in “a 24-hour news cycle of fear and paranoia.”

“And then the NRA pushing the ‘stand your ground’ stuff and that you have to defend your home,” he said. “When I heard what happened, I was appalled and shocked that it transpired, but I didn’t disbelieve that it was true. The second I heard it, I was like, ‘Yeah, I could see him doing that.’”

The Washington Post on the cheerleader story: Cheerleaders leaving practice were shot after one got in wrong car, teen says.

Two Texas cheerleaders were shot, and one of them critically injured, early Tuesday after one girl mistakenly got into the wrong car in a grocery store parking lot, she said.

The Elgin, Tex., shooting is the third headline-making incident in less than a week in which someone was shot while approaching a person they apparently did not know.

Edvard_Munch_-_St._Bernard_Dog_in_Snow_-_MM.M.00842_-_Munch_Museum

Edvard Munch, St. Bernard Dog

Elgin police responded to reports of gunshots outside an H-E-B supermarket at 12:15 a.m. Tuesday, authorities said in a news release. They arrested and charged Pedro Tello Rodriguez Jr., 25, with deadly conduct, a third-degree felony, in what they called “an altercation … in the parking lot of HEB” in which “multiple shots were fired into a vehicle.”

One of the victims was identified by a coach as Payton Washington, an 18-year-old high school senior and cheerleader for the Round Rock Independent School District, near Austin. Washington “sustained serious injuries” when she was shot in the back and one leg, police said. She was transported to a hospital by helicopter and is in critical condition, they said. A GoFundMe for Washington says she is “stable in the ICU and will have a long road to recovery.”

The other cheerleader struck by gunfire, Heather Roth, suffered a graze wound on one of her legs and was released from the scene of the shooting, authorities said.

At a Tuesday night vigil shared to Instagram Live, Roth said she and three other cheerleaders with Woodlands Elite Cheer Co. had just completed their Monday night practice when they arrived at the H-E-B parking lot, which their carpool used. When Roth got into a car she thought was a friend’s, she realized that a man was in the passenger seat and quickly got out, she said. After Roth got into her friend’s car, she said, she saw Rodriguez approach and rolled down her window to apologize….

“He pulled out a gun, and then he just started shooting at all of us,” Roth said, according to KHOU, an CBS affiliate in Houston. She added, “Payton opens the door, and she starts throwing up blood.”

And another one from CNN: He started shooting when a basketball rolled into his yard, neighbors said. Now, a manhunt is on as a 6-year-old and her dad recover.

A manhunt is underway near Charlotte, North Carolina, for a man who reportedly shot and seriously wounded his 6-year-old neighbor and her dad when a basketball rolled into his yard.

Robert Louis Singletary, 24, should be considered armed and dangerous, Gaston County Police said. He’s 6-foot-2 and about 223 pounds, with brown eyes and black hair.

Two-poodles-1891., Pierre Bonnard

Two-poodles,1891, by Pierre Bonnard

The shooting began after kids had been “playing basketball, and a ball had rolled down that way and had rolled into the yard and they went to go get it,” neighbor Jonathan Robertson told CNN affiliate WBTV.

“We never expected anybody would break a gun out amongst all those kids,” he said. “I mean that was insane.”

The 6-year-old girl said she was shot in the cheek and described to WBTV her understanding of what happened.

“I couldn’t get inside in time so he shot my daddy in the back,” she said.

The incident was another case this week alone in which young people were shot after seemingly ending up in the wrong place at the wrong time, including two teen cheerleaders mistakenly approaching someone else’s vehicle in a Texas grocery store parking lot, a 16-year-old who rang the wrong doorbell in Kansas City and a 20-year-old who turned into the wrong New York driveway.

The shootings reflect the consequences of a country with more civilian guns than people, according to the Small Arms Survey, and the toxic stew of fear, paranoia and distrust that influences so many and leads to violence.

William White, the father of the child is in the hospital with “serious injuries.”

I suppose these types of shootings have happened in the past, but now they are being highlighted because four of them happened in over a brief time period. Mass shootings are seem to be happening more frequently too.

CNN: There were seven mass shootings on Saturday – the most of any day this year.

The number of mass shootings in the United States on Saturday was higher than on any other day so far in 2023, according to data from the Gun Violence Archive, a non-profit that tracks US gun-related violence.

They spanned across six states, killing at least 10 people. The most deadly was in Alabama, where a shooter targeted a Sweet 16 party, killing four people between the ages of 17 and 23, and injuring an additional 28. Another two people were killed in a shooting at a park in Louisville, Kentucky, where the community was still reeling from a mass shooting at a bank on April 10.

Both CNN and GVA define a “mass shooting” as a shooting that injured or killed four or more people, not including the shooter.

Before this weekend, the most mass shootings on any day this year was New Year’s Day, which saw six mass shootings, according to GVA.

But seven mass shootings in one day is not the highest this country has seen in recent years. Over each Fourth of July weekend between 2020-2022, there was at least one day with mass shootings in the double digits.

In 2020, the 15 mass shootings that occurred across 13 states on July 5 made for the highest number of mass shootings in one day since 2013, according to GVA.

There have been more mass shootings than days so far this year and more shootings than at this point in any year since at least 2013.

I hate to say this, but it really looks like we’ve lost the battle to stop gun violence. There are so many guns out there. How will we ever reverse this trend? I hope I’m wrong, but I don’t think I’ll see an end to this in my lifetime. And we can blame the NRA, the Supreme Court and yes, Fox News. Please convince me I’m wrong. This next article makes me want to slit my wrists, but I’m afraid Brynn Tannehill may be right, even though I hope and pray she’s wrong.

bather-with-a-griffon-dog-lise-on-the-bank-of-the-seine-pierre-auguste-renoir

Bather with a Griffon dog Lise on the bank of the seine, Pierre Auguste Renoir

Brynn Tannehill at The New Republic: The Grim Truth: The War on Guns Is Lost. There are more unregistered guns in this country than are possessed by the Pentagon, DHS, and police departments combined. And Republicans want more of them.

I wrote this article long before the latest mass shooting that just happened, this time in Louisville, Kentucky, because we all know the pattern, and it never changes. There’s a mass shooting and dead innocents, often children. Angry calls for Republicans to do something, and nothing gets done. The incident fades from the 24-hour news cycle, and we resume the waiting game for the next one. It’s Sisyphus with a boulder that rolls downhill and crushes him over and over for eternity.

That’s something that people who support gun control measures need to understand: The war is lost. There is no conceivable way for things to change for the better within the next 20 to 30 years, short of a national divorce. There is no way to change hearts and minds of Republicans or the courts. There is no way to change who is in office in most states. There is no way to replace who sits on the courts quickly or change conservative disdain for stare decisis.

In reality, mass shootings will only become more and more common over the next few years as Republicans have decided that the only solution to gun violence is adding as many guns as possible to the mix.

At the state level, gerrymandering ensures that red states will never put in place elected representatives who would pass gun control. With the primary system as it is, there is zero chance that Republican primaries in these states would suddenly start producing candidates who would support limiting access to guns, much less taking away assault rifles.

In blue states, they already know that there is no hope that the courts will uphold the laws they pass. The Supreme Court effectively overturned the California law that limited magazine size, after ruling in 2022 that states can do little to prevent anyone from buying a gun in New York State Rifle & Pistol Association v. Bruen. The conservative Fifth Circuit, based in New Orleans, ruled in 2023 that the Second Amendment prevents the government from taking guns from people under restraining orders for committing domestic violence. Nor is the government allowed to prevent them from buying guns.

Some Republicans still want to pretend that they’re engaging with the subject seriously: blaming mental health issues, video games, lack of prayer in schools, and transgender people for mass shootings. But this is simply a distraction: Other countries have all those things, but they don’t have mass shootings. The United States is the only country where people have such ready access to hundreds of millions of firearms, and we are the only country where mass shootings happen with such grim regularity….

Short of a national divorce, there is nothing that can be done at this point. Mass shootings, and the accompanying piles of dead bodies, are as American as Mom and apple pie. Continuing to pretend that our current system can fix this is tantamount to accepting the status quo. This is going to upset a lot of people and make them angry. I could be wrong; I’m not a psychic. However, no one has proposed a plausible way to get meaningful gun reform through. It’s not for lack of trying either: Every effort for the past decade has failed despite public outcry after each horrific mass shooting. If there was a way, someone would have already found it. But the truth hurts when it means changing your whole worldview: that the war is lost, and your country cannot be saved from not only what it has become but what it chooses to be.

Read the rest at the link if you can stand it.

There is a lot more news happening today, so please share links to stories on any topic that interests you. Take care and stay safe everyone.


Tuesday Reads

Good Day, Sky Dancers!!

The big news this morning is that the Fox News/Dominion lawsuit is going forward! Numerous media sites, including NBC News, The Washington Post, and The New York Times are providing live updates, and reporters are live tweeting.

Here’s the latest on the Fox-Dominion trial.

AP News: Jury seated to hear case about Fox’s false election claims.

A jury was seated Tuesday to hear a voting machine company’s $1.6 billion defamation lawsuit against Fox News in a trial that will test First Amendment protections and expose the network’s role in spreading the lie of a stolen 2020 presidential election.

Jury selection came a day after the judge granted a one-day delay that offered time to see if the two sides could work out a settlement.

Denver-based Dominion Voting Systems aims to hold Fox accountable for airing false allegations of election fraud that continue to roil U.S. politics.

Delaware Superior Court Judge Eric Davis gave no explanation for the brief delay. But he suggested the companies try to mediate their dispute, according to a person close to Fox who was not authorized to speak publicly about the lawsuit’s status and spoke on the condition of anonymity.

The case will put under scrutiny the libel standard that has guided U.S. media outlets for nearly six decades, reveal behind-the-scenes activity at Fox News in the weeks after the 2020 election and shed light on the flow of misinformation that turned into a tidal wave after the election, which then-President Donald Trump lost to Joe Biden.

Fox News stars such as Tucker Carlson and Sean Hannity, as well as company founder Rupert Murdoch, are expected to testify during the six-week trial, but it’s unclear whether any witnesses would be called Tuesday.

Dominion claims New York-based Fox News and its parent company, Fox Corp., essentially bulldozed the voting company’s business and subjected employees to threats by falsely implicating it in a bogus conspiracy to rig the election against Trump.

n the weeks after Election Day, prominent Fox News hosts brought on Trump allies who falsely claimed that Dominion’s machines were programmed to snatch votes away from the Republican incumbent and pad the Democratic challenger’s total.

Many of Fox’s hosts and executives didn’t believe the claims but allowed them to be aired nevertheless.

The Wall Street Journal on the risks of going to trial rather than settling out of court: Fox News, Dominion Each Face Risks if Defamation Case Goes to Trial.

Both Dominion Voting Systems and Fox News face legal risks if their heavyweight defamation battle goes to trial beginning Tuesday, but any last-minute settlement talks would need to overcome two years of intense legal hostilities that so far have put an agreement out of reach.

Both sides gained an extra day Monday to consider their positions as Delaware Superior Court Judge Eric Davis delayed the start of the trial until Tuesday….

University of Georgia law professor Sonja West said both sides will have to weigh how much of a risk they are willing to take in going to trial.

“Even when a party believes it has a persuasive case, juries can be unpredictable,” Ms. West said. “There’s always an element of rolling the dice. Both Fox and Dominion have a lot on the line.”

Fox and Dominion each face potential strengths and weaknesses in their cases.

Dominion comes to court armed with reams of internal Fox communications indicating that hosts, producers and executives were deeply skeptical—and in some cases disdainful—of the election-fraud claims, yet they continued to broadcast them. That could help Dominion establish its claims that Fox acted with actual malice, the legal standard for defamation. Under that standard, Dominion has to prove that Fox knowingly published false material or proceeded with reckless disregard for the truth.

The public release of Fox’s internal discussions has painted the network in an unflattering light, and the spotlight on its operations could grow brighter during live testimony. A trial could require high-profile Fox figures to take the witness stand, including Fox Corp FOX -0.32%decrease; red down pointing triangle. Chair Rupert Murdoch and Fox hosts Sean Hannity, Maria Bartiromo and Tucker Carlson.

“The reputational damage has already been suffered,” said Jonathan Wald, a former senior executive at MSNBC and CNN. “Settling is a way to cut that off and move forward.”

Fox lawyers previously sought to keep Mr. Murdoch from having to appear in person, but Judge Davis has said he would require him to appear as a witness if Dominion formally requested his testimony at trial.

Complicating matters for Fox, buying litigation peace with Dominion wouldn’t end its legal exposure stemming from its postelection broadcasts. The network is separately facing another defamation lawsuit from a different voting-machine company, Smartmatic USA Corp., which is seeking $2.7 billion in damages.

Read more at the WSJ. I didn’t encounter a paywall when I clicked a link at Memeorandum.

Yesterday, Dakinikat wrote a great post on the decline and fall of the Republican Party in the post-Trump era. Today, the news is again full of Republican pratfalls that prove the party as we once knew it is dying. Bumbling Kevin McCarthy keeps trying to engage President Biden over the debt ceiling, but he can’t even get his own caucus to go along with his ideas.

David Kurtz at Talking Points Memo evaluates Kevin McCarthy’s hapless efforts to get Biden to negotiate with him over raising the debt ceiling: This Is The Dumbest Debt Ceiling Fight Ever. McCarthy Lacks A Plan And The Votes.

Speaker of the House Kevin McCarthy (R-CA) has such a tenuous grip on his own conference that the debt-ceiling hostage-taking he is attempting to pull off has all the hallmarks of the bumbling kidnapping capers you see in the movies:

  • The House GOP can’t agree amongst themselves what to ask for as ransom.
  • They can’t get the White House to take them seriously enough as a ragtag band of kidnappers to engage in negotiations.
  • They keep threatening dire consequences for not taking them seriously but are repeatedly hobbled by their own lack of consensus.

At this point, McCarthy wants the House to vote by the end of the month on a package that combines the debt ceiling with draconian spending cuts, but he clearly doesn’t have (i) internal agreement on those cuts or on how much to raise the debt ceiling by; or (ii) the votes to push a package through as early as next week.

McCarthy is preparing to bypass the House committees altogether and cobble together a package on the floor himself, Punchbowl reports. If wishing and hoping were a plan …

One word of warning: Political reporters are doing McCarthy a favor by calling what he’s presenting publicly, including in his speech yesterday to the NYSE, a “plan.” It’s not a plan yet. It skews the coverage to pretend it is a plan. McCarthy is taking advantage of this journalistic failure to try to leverage pressure on the White House. The White House ain’t stupid and isn’t biting.

McCarthy doesn’t have a plan or the votes. Until that changes, that’s really all you need to know.

Andy Sullivan at Reuters on the McCarthy “plan”: Republican states could be hit hardest by McCarthy’s proposed spending cuts.

The spending-cut proposals unveiled by U.S. House of Representatives Speaker Kevin McCarthy on Monday could fall hardest on people in Republican-leaning states, a Reuters analysis of federal spending data found.

McCarthy’s plan, which he presented as a condition for raising the United States’s $31.4 trillion debt ceiling, calls for cutting some agency budgets by 7% this year and capping their growth by 1% annually after that.

It also would impose stiffer work requirements on some benefit programs, which could reduce the number of people who receive them.

McCarthy only laid out broad contours on Monday, rather than unveiling finished legislation, which makes it difficult to determine the proposed cuts’ precise toll.

But a Reuters analysis of federal spending data indicates that his proposed domestic-spending caps could be felt most acutely in the states that backed Republican President Donald Trump in the 2020 presidential election.

Those 25 states received roughly $172 billion in the last fiscal year for highway construction, housing, public health and other purposes, amounting to $1,196 per person.

The 25 states plus the District of Columbia that backed Democrat Joe Biden received $205 billion, or $1,079 per person.

More Republican high jinks:

From NBC News: Oklahoma county leaders caught on audio talking about killing reporters, complaining they can no longer lynch Black people.

The governor of Oklahoma has called for the resignations of the sheriff and other top officials in a rural county after they were recorded talking about “beating, killing and burying” a father/son team of local reporters — and lamenting that they could no longer hang Black people with a “damned rope.”

Gov. Kevin Stitt called for McCurtain County Sheriff Kevin Clardy, county Commissioner Mark Jennings, sheriff’s investigator Alicia Manning, and Jail Administrator Larry Hendrix to step down after the McCurtain County Gazette-News published an article over the weekend about what was captured on the recording.

“I am both appalled and disheartened to hear of the horrid comments made by officials in McCurtain County,” Stitt said in a statement released Sunday. “There is simply no place for such hateful rhetoric in the state of Oklahoma, especially by those that serve to represent the community through their respective office.”

Stitt, a Republican, said he has ordered the Oklahoma State Bureau of Investigation to “initiate an investigation to determine whether any illegal conduct has occurred.”

Bruce Willingham, who works for his family-owned newspaper, has turned the full audio over to the FBI and the Oklahoma Attorney General’s office, his lawyers said.

Meanwhile, dozens of county residents angered by the officials’ comments picketed Monday outside the headquarters of the McCurtain County Commissioners in the town of Idabel, which is about 200 miles southeast of Oklahoma City, NBC affiliate KFOR of Oklahoma City reported.

You know how MAGA Republicans are always accusing Democrats of pedophilia? Check out this story about Ali Alexander, the guy who organized Trump’s Stop the Steal Rally on January 6, 2021 that led to the insurrection.

From The Daily Beast story:

A key figure in the pro-Trump “Stop the Steal” campaign has apologized after being accused of asking teenage boys for sexual pictures.

Ali Alexander has become one of the most ubiquitous figures in the MAGA movement. Trump himself reportedly requested that Alexander speak at his rally before the riot, with his appearance only quashed by a last-minute intervention from Trump’s aides. But this week, Alexander stands at the center of a scandal that raises questions about how powerful men in the far-right treat their younger acolytes.

“This is too gay,” Alexander said in a statement issued Friday night that addressed the allegations in broad terms.

Alexander, who has described himself as bisexual in the past, added that he was “battling with same-sex attraction.”

The budding online scandal has also roiled the pro-Trump and white supremacist “America First” movement, just months after it reached new levels of notoriety after its leader, Nick Fuentes, dined with Donald Trump and rapper Kanye West at Mar-a-Lago. Now Fuentes is facing backlash from his own supporters over whether he ignored warnings that Alexander, his friend and ally, was allegedly soliciting nude pictures from young men within Fuentes’s movement.

On Friday night, Alexander—who was questioned by the House Jan. 6 Committee about his role organizing a canceled rally dubbed the “Wild Protest” outside the Capitol, which drew crowds to the building right before the riot began—issued a statement Friday offering a general apology.

“I apologize for any inappropriate messages sent over the years,” Alexander wrote, adding later, “When I’ve flirted or others have flirted with me, I’ve flexed my credentials or dropped corny pick up lines. Other times, I’ve been careless and should’ve qualified those coming up to me’s (sic) identities during flirtatious banter at the start.”

And then there is Ron De Santis, who is in a pitched battle with Disney over the company’s support for LGBT rights.

The New York Times: DeSantis, in Latest Volley Against Disney, Suggests Punitive Steps.

In what has taken on the trappings of a grudge match, Gov. Ron DeSantis of Florida punched Disney anew on Monday, announcing new legislation that would override the company’s recent effort to sidestep state oversight of its theme parks.

Mr. DeSantis also suggested a variety of potential punitive actions against Disney — the state’s largest private employer and corporate taxpayer — including reappraising the value of Walt Disney World for property tax levies and developing land near the entrances to the resort.

“Maybe create a state park, maybe try to do more amusement parks — someone even said, like, maybe you need another state prison,” Mr. DeSantis said at a news conference near Disney World.

Two weeks ago, Mr. DeSantis — a leading Republican presidential contender although he has not officially declared that he is running — floated the idea of raising taxes on Disney hotels and imposing tolls on roads that lead to its theme parks. He has also requested an investigation by Florida’s chief inspector general into Disney’s efforts to circumvent his authority….

Robert A. Iger, Disney’s chief executive, previously characterized Mr. DeSantis as “anti-business” and “anti-Florida” for his actions. Mr. Iger has also signaled that future investment in Disney World could be at risk if the governor continued to use Disney as a political punching bag; the company has earmarked more than $17 billion in spending at the resort over the next decade, growth that would create an estimated 13,000 jobs at the company.

Disney has to be bringing in plenty of money for Florida by attracting visitors from around the world, but De Santis seems to be willing to drive them out of the state because they are friendly to LGBT people who have money to spend.

Finally, two horrific gun violence stories:

The New York Times: 84-Year-Old Is Charged in Shooting of Black Teenager Who Went to Wrong House.

Ralph [Yarl], a Black 16-year-old in Kansas City, Mo., had been sent to pick up his younger twin brothers at a friend’s house on Thursday evening, his family said. But he mixed up the address, finding himself in front of a house on Northeast 115 Street, instead of Northeast 115th Terrace.

The white man who answered the door there shot him in the head and again in the arm after he fell, according to prosecutors. Somehow, Ralph made his way, bleeding, to another nearby house. There, he was told to lie on the ground while someone called for help, his family said.

The homeowner who shot him, Andrew D. Lester, 84, was taken into custody by the police for 24 hours, then released without charges on Friday. Over the weekend, anger began to spread in the community. Protesters marched on Mr. Lester’s home on Sunday, while the Kansas City police chief, Stacey Graves, acknowledged the public frustration at a news conference. The teenager was released from the hospital on Sunday evening, his father said.

As pressure mounted on Monday afternoon, the Police Department said in a statement that it had submitted the case file to the Clay County prosecuting attorney’s office. The prosecutor, Zachary Thompson, publicly identified Mr. Lester a few hours later and announced that he had been charged, saying what many already believed: “There was a racial component to the case.”

Mr. Thompson said Mr. Lester had been charged with assault in the first degree, a class-A felony, and could face life in prison if convicted. He also was charged with armed criminal action, which carries a maximum penalty of 15 years in prison, Mr. Thompson said.

It was not clear if the teenager had knocked on Mr. Lester’s door or if he rang the doorbell, but he did not “cross the threshold” into the man’s home, Mr. Thompson said. The shots from a .32-caliber handgun were fired through a glass door, the prosecutor said, adding that there was no indication that “any words were exchanged.”

Fortunately, Yarl survived and has been released from the hospital, although he will have a long recovery. Twenty year-old Kaylin Gillis was not so fortunate.

CNN: A 20-year-old woman was shot and killed after her friend turned into the wrong.

A 20-year-old woman was shot and killed Saturday after she and three others accidentally turned into the wrong driveway while looking for a friend’s house in rural upstate New York, authorities said.

The woman, identified as Kaylin Gillis, was a passenger in a vehicle when a man fired two shots from his front porch, one of which hit the vehicle, Washington County Sheriff Jeffrey Murphy said in a news conference Monday. Gillis was struck by the gunfire and later died, the sheriff said.

The man, 65-year-old Kevin Monahan, has been charged with second-degree murder in connection with her death, Murphy said Monday. It is unclear whether Monahan has retained an attorney yet.

“It’s a very rural area with dirt roads. It’s easy to get lost. They drove up this driveway for a very short time, realized their mistake and were leaving, when Mr. Monahan came out and fired two shots,” Murphy said, adding that the area has poor cell phone service….

After the shots were fired, Gillis and the rest of the group drove away from the house in the town of Hebron looking for cell phone service, and then called 911.

They were found around 5 miles away from the home in the nearby town of Salem. First responders began administering CPR but Gillis was ultimately pronounced dead at the scene, Murphy said.

Police officers later responded to the home from which shots were fired and found Monahan to be uncooperative, Murphy said, adding he “refused to exit his residence to speak with police.”

He was taken into custody hours later with help from the New York State Police Special Operations Response Team, according to a press release from the Washington County Sheriff’s office.

No one is believed to have exited the car and there was no interaction between Monahan and anyone in the vehicle before shots were fired, Murphy said.

I have to believe that Republican fear-mongering played a role in both of these tragic cases.

That’s it for me today. Have a great Tuesday!!


Lazy Caturday Reads

Leon_Charles_Huber_-_The_Favourite_Chair_-_(MeisterDrucke-241618)

The Favourite Chair, by Leon Charles Huber

Happy Caturday!!

Yesterday I told Dakinikat that I wished I had a feel good story for today’s post. I was asleep when she called last night and left a message about a New York Times article that was discussed on Stephanie Ruhl’s MSNBC show. It was about Ukrainian mothers who traveled thousands of miles to recover their children who had been kidnapped and taken to Russian-controlled territory. Of course it’s a heartbreaking story, but it’s also a heartwarming story of the power of a mother’s love. It also includes powerful photos of the women and their children. I hope you’ll go read it. Here’s just a bit of it.

The Russians Took Their Children. These Mothers Went and Got Them Back, bCarlotta Gall and 

For weeks after Russian troops forcibly removed Natalya Zhornyk’s teenage son from his school last fall, she had no idea where he was or what had happened to him.

Then came a phone call.

“Mom, come and get me,” said her son, Artem, 15. He had remembered his mother’s phone number and borrowed the school director’s cellphone.

Ms. Zhornyk made him a promise: “When the fighting calms down, I will come.”

Artem and a dozen schoolmates had been loaded up by Russian troops and transferred to a school farther inside Russian-occupied Ukraine.

While Ms. Zhornyk was relieved to know where he was being held, reaching him would not be easy. They were now on different sides of the front line of a full-blown war, and border crossings from Ukraine into Russian-occupied territory were closed.

But months later, when a neighbor brought back one of her son’s schoolmates, she learned about a charity that was helping mothers bring their children home.

Since it is illegal for men of military age to leave Ukraine now, in March Ms. Zhornyk and a group of women assisted by Save Ukraine completed a nerve-wracking, 3,000-mile journey through Poland, Belarus and Russia to gain entry to Russian-occupied territory in eastern Ukraine and Crimea to retrieve Artem and 15 other children.

Then they had to take another circuitous journey back. “Come on, come on,” urged Ms. Zhornyk, as a cluster of children, laden with bags and suitcases, emerged hesitantly through the barriers at a border crossing from Belarus into Ukraine. She had crossed with her son just hours earlier and pushed forward impatiently to embrace the next group.

“There are no words for all the emotions,” Ms. Zhornyk, 31, said, describing her reunion with Artem. “I was full of emotion, and nervous, nervous.”

cat-on-a-chair-theophile-alexandre-steinlen

Cat on a chair, by Theophile Alexandre Steinlen

There are more details about what happened to the children in the article. Some background:

In the 13 months since the invasion, thousands of Ukrainian children have been displaced, moved or forcibly transferred to camps or institutions in Russia or Russian-controlled territory, in what Ukraine and rights advocates have condemned as war crimes.

The fate of those children has become a desperate tug of war between Ukraine and Russia, and formed the basis of an arrest warrant issued last month by the International Criminal Court accusing President Vladimir V. Putin of Russia and Maria Lvova-Belova, his commissioner for children’s rights, of illegally transferring them.

Once under Russian control, the children are subject to re-education, fostering and adoption by Russian families — practices that have touched a particular nerve even amid the carnage that has killed and displaced so many Ukrainians….

No one knows the full number of Ukrainian children who have been transferred to Russia or Russian-occupied Ukraine. The Ukrainian government has identified more than 19,000 children that it says have been forcibly transferred or deported, but those working on the issue say the real number is closer to 150,000.

Again, there is much more at the NYT link.

I hope you’ll forgive me for highlighting a local Boston story today. This weekend marks the 10th anniversary of the 2013 Boston Marathon bombing. The marathon will take place on Monday. Although only three people were killed in the explosions, there were hundreds of horrific injuries–limbs blown off, terrible burns, traumatic brain injuries.

From Boston.com: Mark the 10-year anniversary of the Marathon bombings in Boston One Boston Day is Saturday, April 15.

It has been 10 years since the Boston Marathon bombings killed three people and injured hundreds more during the 2013 Boston Marathon, and the city is hosting several events in remembrance of the day.

The city of Boston and the Boston Athletic Association (B.A.A.) will host remembrance events on Saturday, April 15 — One Boston Day. The events will honor the victims, survivors, and first responders of the 2013 Boston Marathon.

The city will host an early-morning private gathering and wreath laying at the memorial sites for the families who lost loved ones. Honor guards — including the Boston Fire Department, Boston Police Department, Boston Emergency Medical Services, and Suffolk County Sheriff Department — will be present at the memorial sites throughout the day.

At 8 a.m.,the BAA 5K, featuring 10,000 participants, will begin and end in Boston Common. After the B.A.A. 5K race, the city will open Boylston Street between Dartmouth and Fairfield streets so that members of the public can visit the sites.

At 2:30 p.m., the public is invited to a dedication of a new commemorative Boston Marathon finish line, the ringing of bells, and the unveiling of a One Boston Day marker on Boylston Street along with Gov. Maura Healey, Mayor Michelle Wu, B.A.A. leadership, members of the One Fund community, members of the 2013 Red Sox team, first responders, hospital leaders, and local running groups.

“Every year we come together on One Boston Day to remember the courage, strength, and resilience shown by our city’s people in 2013,” Wu said in a statement. “As we mark 10 years, we will gather together in community on April 15 to remember the lives that were lost, the many injured, and the spirit of humanity displayed that day. As we honor those forever impacted, people in all corners of our City will be giving back in a number of ways, and I encourage everyone to get involved.”

There will also be many local and neighborhood events; and of course, the Red Sox will mark the day at their traditional Marathon Day game and will be wearing their bright yellow home uniforms.

The Red Sox will mark the 10 year milestone by partnering with JetBlue to distribute more than 40,000 blue and yellow Red Sox City Connect hats to students and staff at Boston Public Schools on Friday, April 14. Hall of Famer Pedro Martinez will assist with the distribution. The team will then wear blue and yellow City Connect jerseys during Friday night’s game in Fenway Park agains the Angels.

Chen Pei Yi

Painting by Chen Pei Yi

As previously mentioned, the 2013 Red Sox team will join city and state officials and first responders on Saturday, April 15 for the ringing of the bells and the unveiling of the One Boston Day marker. At Saturday’s game, there will be a pre-game ceremony commemorating One Boston Day and the 76th anniversary of Jackie Robinson breaking the color barrier. Fans should be in their seats by 3:30 p.m.

On Sunday, April 16, a reunion of members of the 2013 Red Sox World Series Championship team will take place during pregame ceremonies. Fans should be in their seats by 1 p.m.

On Patriots Day, Monday, April 17, Hall of Famer David Ortiz will serve as the Grand Marshal for the 127th Boston Marathon. Players will wear home jerseys that say “Boston” on the front, as they did for the first time during the Marathon tribute at Fenway Park on April 20, 2013. Fans are asked to be in their seats by 10:45 a.m. for the ceremony. All fans will receive a Boston Strong t-shirt.

The FBI is also marking the anniversary. From FBI News: Marathon Bombing Anniversary. FBI Boston marks 10-year-anniversary by honoring victims, recalling responders’ heroic efforts.

Leading up to the 10-year anniversary of the bombing at the Boston Marathon—and the ensuing manhunt and investigation that was the FBI’s largest terrorism case since 9/11—the special agent in charge of FBI Boston asked his entire office to pause and reflect on the crucible of that massive investigation as they prepared for this year’s 127th running.

Leading up to the 10-year anniversary of the bombing at the Boston Marathon—and the ensuing manhunt and investigation that was the FBI’s largest terrorism case since 9/11—the special agent in charge of FBI Boston asked his entire office to pause and reflect on the crucible of that massive investigation as they prepared for this year’s 127th running.

Three people were killed on April 15, 2013, when two pressure-cooker bombs detonated 11 seconds apart on Boylston Street near the finish line of the iconic 26-mile race. More than 500 people were physically injured, including 17 who suffered amputations. The bombers also took the life of Sean Collier, a Massachusetts Institute of Technology Police officer who was executed while on patrol.

Large images of the victims were arrayed in a conference room last month at the Boston Field Office, along with a whiteboard agents used to sketch out their plans and the wanted posters that helped identify the suspects, brothers Dzhokhar and Tamerlan Tsarnaev. A moment of silence preceded the remembrance ceremony….

…[H]e also wanted to enlighten the office’s large cadre of young agents, analysts, and professionals—many not around 10 years ago—who may not fully appreciate the all-hands-on-deck response required in major cases like this.

“Internally, I wanted to give my personnel a real good idea, with some granularity, about what it means when a critical incident occurs,” he said, “what is expected of all of us to step up, and how we work toward a common goal.”

The article reviews the positive steps that made the investigation a model for the future.

Two survivors stories:

CBS News: Marathon bombing survivor Heather Abbott reflects on 10 year anniversary, with focus on foundation’s future.

Ten years after the explosions at the Boston Marathon finish line that forced doctors to amputate part of Heather Abbott’s leg, she says the biggest change in her life is her work with the foundation she built to help other amputees. “If someone had told me that I would be doing this ten years ago, I never would have believed them,” Abbott said. “But it’s been an unexpected blessing, I think, for me.”

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Cat sleeping on a chair, by George Atsametakis

The creation of the Heather Abbott Foundation is also a blessing for its beneficiaries. The foundation helps amputees pay for prosthetics that insurance won’t cover-which includes almost anything beyond the most basic option. Running blades, swim legs, high heels-these are all vital to helping people live full lives. But insurance companies don’t consider them “medically necessary.” (Prosthetics typically have to be replaced every three to five years.)

Heather delights in sharing the news with beneficiaries that they have been chosen to receive a special prosthesis. “Not only is it incredibly rewarding to hear somebody on the other end of the phone when you tell them that you’re going to give them this prosthetic device,” Abbott said. “But then to hear about the things they’re able to do with it and how it’s changed their life provides me a huge sense of joy.”

People Magazine: Boston Marathon Bombing Survivor Will Race on the 10th Anniversary: ‘I’m Ready to Move On’ (Exclusive).

Marc Fucarile was supporting a friend at the 2013 Boston Marathon when the second bomb went off and instantly amputated his right leg. Now, ten years later, he’ll return to the marathon to thank the city and the people who have supported him.

“You never want to be on the receiving end of generosity because that means something bad happened, but it’s emotional knowing that complete strangers care about you,” Fucarile tells PEOPLE.

Before the 2013 tragedy, Fucarile was an athlete. “I played football, track, and hockey, and it was my first time at a marathon in 35 years,” he says. “The second bomb was right next to me.”

The bomb blew out Fucarile’s ear drums, burned the majority of his lower body, and forced him to undergo years of surgeries. “I did the remainder of 2013 in and out of hospitals with smaller, different surgeries, monitoring scrap metal that lodged in my heart, that took a ride up to the artery and lodged in my right atrium area.”

Fucarile has “skin grafts all over” the lower half of his body and in his hands from “taking off my belt when I was still on fire,” he explains.

Because he sustained a traumatic brain injury, Fucarile says his tolerance for noise and stimulating environments is low, which has affected his relationship with his 15-year-old son….

On the tenth anniversary, he’ll be riding in honor of the community that supported him through the 2013 tragedy. “I’m riding to show my thanks for all the support we received as survivors of such a horrific event,” he says. “The community outpour of support was amazing.”

When he participates in the marathon on Monday, Fucarile says he’ll be representing more than just his own resilience. “I’m riding in the hand cycle to show people, and to show my son, that you can really accomplish anything you put your mind to,” he explains.

A handcyle is a kind of tricycle that is powered by hands rather than your feet.

Rainbow_h

In politics news, Clarence Thomas has finally been caught breaking an actual law–as opposed to ethics rules, which he has completely ignored–when he sold property to Harlan Crow and failed to report the transaction. He needs to be called to account and forced off the Supreme Court.

Citizens for Ethics.org: CREW files civil and criminal co,mplaint against Clarence Thomas.

The Department of Justice and the Chief Justice of the Supreme Court should investigate Supreme Court Justice Clarence Thomas for failing to disclose hundreds of thousands of dollars in gifts from and property sales to billionaire donor Harlan Crow, according to a complaint sent today by Citizens for Responsibility and Ethics in Washington to the Department of Justice and Chief Justice John Roberts.

According to reporting by ProPublica, Thomas and his wife have accepted luxury travel and vacations for 20 years from “real estate magnate and Republican megadonor” Crow, who befriended Thomas after he joined the Supreme Court, without disclosing them as gifts or travel reimbursements on his financial disclosures filed under the Ethics in Government Act. Thomas also reportedly sold his and other family members’ properties to Crow in 2014 for more than $100,000 without reporting the sales on his financial disclosure reports.

“Justice Thomas’s acceptance of and failure to disclose these repeated, lavish gifts and shocking real estate sales not only undermines public trust in his ability to serve impartially on the Court, it undermines confidence in the Supreme Court as an institution,” CREW President Noah Bookbinder said.

Under the Ethics in Government Act, Thomas is required to disclose travel and other gifts, with the source and a brief description, including the value. The Guide to Judiciary Policy for Financial Disclosure in effect at the time the trips were taken makes it clear that these trips were covered by the reporting requirements. While Thomas claims a hospitality exemption, that exemption would not apply to a private plane or yacht. Under the EIGA and Guide to Judiciary Policy for Financial Transaction, Thomas was required to report the sale of the properties to Crow and could not claim a personal residence exemption on disclosing them, as they were always referred to as rental properties on his disclosures and never lost their investment nature even when the houses on two of the properties were later torn down.

Dahlia Lithwick and Mark Joseph Stern: Quid Pro Crow. Clarence Thomas’ position toward disclosure is actually clarified by his jurisprudence.

When news broke last week, by way of dogged reporting in ProPublica, that Justice Clarence Thomas had accepted decades’ worth of hospitality from billionaire Republican donor Harlan Crow, that this same donor had funded his wife’s legal and political activities and in fact helped pay her salary, and that Thomas had disclosed none of this, our suggestion that the justice had clearly broken the law was dismissed as left-wing “smear.” ProPublica’s new reporting, dropped on Thursday, showed that the same billionaire donor, Harlan Crow, spent $133,363 purchasing several properties co-owned by Thomas, and that these sales were never disclosed. As our colleagues at Slate confirmed this week, Thomas’ mother actually still lives in the property owned by Crow, to which he has made valuable improvements (in addition to buying the house next door and dispensing with previously troublesome neighbors). Unlike the rules around the undisclosed luxury travel reported last week, ProPublica could not find a single ethics expert willing to squint and hop on one foot in a way that would make the failure to report the real estate transaction seem arguably lawful. The court has not responded in any way to the latest revelations. Defenders of Justice Thomas somehow continue to urge that this is a smear campaign by liberals.

Suzanne Valadon

Painting by Suzanne Valadon

In a way, the fact that money went from Harlan Crow’s pocket to Thomas’ mom’s house seems less horrifying than last week’s superyachts and half-million-dollar luxury air travel. Who among us wouldn’t want a billionaire to evict the noisy neighbors who were keeping our mothers up late? But it helps to parse out what mattered about both Thomas stories and what is mostly a distraction. That Thomas is a “hypocrite” for claiming to like parking outside Walmarts to commune with real people while secretly indulging his taste for luxe global travel? Doesn’t really matter. Harlan Crow’s penchant for cunningly little embroidered Nazi table linens? Weird, surely, but materially inconsequential….

What mattered last week and what still matters this week is whether the Crow/Thomas dealings can be seen as classic quid pro quo (or perhaps quid pro Crow)corruption. We too often think this can only happen in a scene in which cartoon ducks with big sacks of cash pay politicians to do their bidding, which is never how this actually happens. And the longstanding defense to those claims is that Justice Thomas is too independent a thinker and jurist to be influenced by gifts of bibles and vacations and rent-free housing. But what this new reporting shows—and what actually matters—is that Crow and those like him, who have poured billions of dollars into funding cases before the court, campaigns to seat certain justices on the court, and crusades to keep other justices off the court, turn out to just own the whole building. In tandem with the Leonard Leos and Mark Paolettas who have been rendered in art for all eternity, the Harlan Crows are the actual landlords of the houses where the six conservative justices seemingly get to live rent-free.

f you’re defending Thomas’ unlawful refusal to disclose these transactions by saying he’s too famous/powerful/important/busy/put-upon to disclose these transactions, you are missing the point. Disclosure laws aren’t tawdry “gotcha” traps that form the basis of smear campaigns. Disclosure rules are the only means of transparency in a world of increasingly broken democratic systems. Citizens United and its dismantling of campaign finance reform? Justified on the grounds that disclosure rules suffice to ferret out corruption. We don’t demand that public figures deal honestly with the public because we are mean; we do it because law and democracy rise and fall on knowing who paid who for what.

At The New Republic, Michael Tomasky wrote this piece after the first revelations and before we learned about the real estate transactions: The Democrats Need to Destroy Clarence Thomas’s Reputation.

ProPublica’s report last week is jaw-dropping. In the end it shows this: Thomas used to report his gifts from right-wing billionaire Harlan Crow. Then they became a little controversial. So what did Thomas do? Stop accepting the gifts? That’s what you or I would do, or at least make them far less frequent and ostentatious. But Thomas doesn’t think like you or I do. He thinks: How I can twist the dagger into the liberal establishment’s flesh even further? So rather than stop accepting the gifts, he just decided to stop reporting them. Which ProPublica says is against the law.

Can he be impeached? Not now, with the GOP in control of the House. If that changes, sure, they can try, as Alexandria Ocasio-Cortez and others have suggested. Of course, he would be acquitted in the Senate, where two-thirds are required to convict (indeed, Samuel Chase survived).

But that’s no reason for Democrats not to do it. In fact, as I suspect AOC understands, the way partisanship works today in this country, that’s precisely an excellent reason to do it: Have a long hearing that lays bare every instance of his and his wife’s corrupt activities in a high-profile venue that Americans will watch; make the case to swing-voting Americans that he is dishonoring the court’s name and reputation; drive his approval ratings into the toilet (in a 2022 YouGov poll, Thomas already had the highest “very unfavorable” rating of the nine justices, at 32 percent); and force the Republican senators to vote to keep this clearly undeserving, mediocre, arrogant, unscrupulous hornswoggler on the court.

Make him a political issue (not in time for 2024, alas, but in general). Destroy his reputation. If nothing else, ensure that he goes down in history the way he deserves, as one of the most unqualified Supreme Court justices ever, who has gone on to leave as light an intellectual footprint as someone serving three-plus decades could leave. Make him—and his wife, Ginni, who is also completely without scruples in the way she, as the spouse of a Supreme Court justice, entangles herself in our public life—a metaphor for every insidious thing the far-right wing has done to this country.

Vanessa Stockard

Painting by Vanessa Stockard

It’s really up to the Judiciary Committee Chair Dick Durbin to start the process of investigating Thomas, but does Durbin have the guts to do what needs to be done? I don’t think so. He needs to be forced into it by public outrage. I got a newsletter about this from Tomasky in my email today. I can’t find it online, but here’s some of it:

Earlier this week, I wrote in response to ProPublica’s first report that the Democrats need to destroy Thomas’s reputation by holding hearings on his dealings, which of course is something they’ve never done. “Have a long hearing that lays bare every instance of his and his wife’s corrupt activities in a high-profile venue that Americans will watch,” I wrote. “Make the case to swing-voting Americans that he is dishonoring the court’s name and reputation; drive his approval ratings into the toilet (in a 2022 YouGov poll, Thomas already had the highest ‘very unfavorable’ rating of the nine justices, at 32 percent); and force the Republican senators to vote to keep this clearly undeserving, mediocre, arrogant, unscrupulous hornswoggler on the court.”

Now the case for action is even clearer. But action by whom? There’s only one serious contender: the Senate Judiciary Committee. It’s controlled by the Democrats, and they can do whatever they are prepared to do. But what exactly is that?

Last Monday, after the first ProPublica report, committee Chairman Dick Durbin vowed that the committee “will act.” He did not elaborate on that. Later, he urged Chief Justice John Roberts to investigate Thomas. Then I saw on cable news Thursday night (I can’t find anything online Friday morning) that he called on Merrick Garland to do something.

Mr. Chairman: Stop tossing the football around. You have a gavel, and you have subpoena power. Subpoena Clarence Thomas. Next week.

What? Horrors! Subpoena a Supreme Court justice? Can that even be done?

Yes it can, but only if the Democrats have the guts to do it.

The other big story today is about 21-year-old leaker of top secret documents, Jack Teixeira. Here are the latest stories:

Charlie Savage at The New York Times: Teixeira’s case is unusual even in the small world of leak cases.

It is hard to predict how the case against Jack Teixeira, the 21-year-old Air National Guardsman accused of leaking classified documents to friends on a gaming server, will play out — both because the matter is still very preliminary and because the facts are so unusual that there is limited value in comparing it to the general pattern of leak cases.

Steve Hanks

By Steve Hanks

Based on the charging documents in his case, Airman Teixeira does not appear to have been acting as a foreign agent, differentiating him from classic spying cases. He also does not appear to have been acting as a whistle-blower or otherwise trying to educate the general public by sharing secrets with the news media for publication, making his case different from another sort that has become more common in the 21st century.

He also does not fit a third category of past cases of mishandling classified information: the hoarder. Prosecutors have charged people who are neither spying nor trying to enlighten the public for taking files home and keeping them. But because Airman Teixeira is accused of transmitting large numbers of files to other people who were not authorized to see them, his case is more serious.

These differences show how past cases may be poor guides for how this will play out.

Defendants also have an incentive to make a deal so they can ensure a shorter sentence than the threat they are facing under the Espionage Act, which criminalizes the unauthorized retention and disclosure of national-security secrets. It carries a sentence of up to 10 years per count, and each leaked document could be its own count. Plea deals in leak-related cases have typically resulted in a few years of prison.

But prosecutors may be less willing to offer a relatively attractive prison sentence in a case as serious as Airman Teixeira’s, which involved hundreds of classified documents that revealed sensitive matters, like how extensively the United States has penetrated Russian military communications.

Read more at the NYT and in these articles:

The Washington Post: Leak raises fresh questions about Pentagon’s internal security.

BBC News: Jack Teixeira’s charges in full: ‘Top secret’ access, leak searches and the Espionage Act.

The Wall Street Journal: Airman, Arrested for Leaks, Chatted in Groups Fascinated by Weapons and War.

That’s it for me. I hope you find something here to interest you. Have a great weekend!!


Thursday Reads: The Wheels of Justice

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Lady Justice, by Laura Pierre Louis

Good Day, Sky Dancers!!

“The wheels of justice turn slowly, but grind exceedingly fine.” No one knows the source for this quote–one candidates is Sun Tzu and another is Sextus Empricus. But it looks like that is what is happening now in the many legal investigations of Donald Trump. Frankly, I’ve let go of frustration over how slowly the wheels are turning, because I believe there is progress being made. I’m not convinced Trump will ever go to prison, but I think he will finally pay a price for his crimes against our country. Here’s the latest:

Donald J. Trump is set to be questioned under oath on Thursday in a civil fraud lawsuit brought by New York Attorney General Letitia James, the latest in a series of legal predicaments entangling the former president, who also faces a separate 34-count criminal indictment unsealed last week.

Ms. James’s civil case, which was filed in September and is expected to go to trial later this year, accuses Mr. Trump, his family business and three of his children of a “staggering” fraud for overvaluing the former president’s assets by billions of dollars. The lawsuit seeks $250 million that it contends they reaped through those deceptions, made in Mr. Trump’s annual financial statements — and asks a judge to essentially run him out of business in the state if he is found liable at trial.

Ms. James’s office plans to question Mr. Trump as part of the discovery phase of the case, in preparation for the trial.

The former president, who spent the night at his Manhattan residence in Trump Tower, arrived at the attorney general’s office shortly before 10 a.m. As a crowd chanted “New York hates you,” Mr. Trump’s motorcade drove into the parking garage underneath the office building at 28 Liberty Street….

This is the second time that lawyers for Ms. James, a Democrat, are questioning Mr. Trump under oath: He also sat for a deposition in the summer of 2022, shortly before the attorney general filed her lawsuit. During that deposition, Mr. Trump lashed out at Ms. James, accusing her of being motivated by politics and then invoking his Fifth Amendment right against self-incrimination hundreds of times over the course of four hours.

Depositions are held in private, so the specifics of his testimony will not be immediately known. But as of Wednesday evening, Mr. Trump was not expected to assert his Fifth Amendment right, people familiar with his thinking said.

Because he was in the White House or on the campaign trail for several years — and no longer running his company — Mr. Trump might try to avoid providing direct answers to Ms. James’s questions, instead giving insubstantial responses. He might say, for example, that he does not recall a particular incident or was not present for it. He could also claim that he delegated the valuation of his assets to employees.

Trump vented his anger and frustration in ugly, deranged posts on his Twitter clone, Truth Social. Examples:

 

This man belongs in a rubber room!

Special Counsel Jack Smith is moving rapidly in his January 6 and stolen documents investigations. The Washington Post reports that Smith is looking into Trump’s fundraising using lies about election fraud: Special counsel focuses on Trump fundraising off false election claims.

Federal prosecutors probing the Jan. 6, 2021, attack on the U.S. Capitol have in recent weeks sought a wide range of documents related to fundraising after the 2020 election, looking to determine if former president Donald Trump or his advisers scammed donors by using false claims about voter fraud to raise money, eight people familiar with the new inquiries said.

Franco/Flemish School; Justice

Franco/Flemish School; Justice; The Ashmolean Museum of Art and Archaeology; unknown British artist

 

Special counsel Jack Smith’s office has sentsubpoenas in recent weeks to Trump advisers and former campaign aides, Republican operatives and other consultants involved in the 2020 presidential campaign, the people said. They have also heard testimony from some of these figures in front of a Washington grand jury, some of the people said.

The eight people with knowledge of the investigation spoke on the condition of anonymity to discuss an ongoing criminal investigation.

The fundraising prong of the investigation is focused on money raised during the period between Nov. 3, 2020, and the end of Trump’s time in office on Jan. 20, 2o21, and prosecutors are said to be interested in whether anyone associated with the fundraising operation violated wire fraud laws, which make it illegal to make false representations over email to swindle people out of money.

The new subpoenas received since the beginning of March, which have not been previously reported, show the breadth of Smith’s investigation, as Trump embarks on a campaign for reelection while assailing the special counsel investigation and facing charges of falsifying business records in New York and a separate criminal investigation in Georgia.

The subpoenas seek more specific types of communications so that prosecutors can compare what Trump allies and advisers were telling one another privately about the voter-fraud claims with what they were saying publicly in appeals that generated more than $200 million in donations from conservatives, according to people with knowledge of the investigation.

Read more at the WaPo.

Trump is hilariously suing Michael Cohen for $500 million for violating a nondisclosure agreement. Raw Story: Trump accidentally admits Michael Cohen told the truth in his new lawsuit: Legal expert.

Former President Donald Trump is launching a $500 million lawsuit against his former attorney and fixer Michael Cohen, alleging that he violated attorney-client privilege when he issued a tell-all book about the hush payment he helped Trump faciliate to adult film star Stormy Daniels.

But that claim doesn’t make any sense for Trump, said former Manhattan prosecutor Karen Friedman Agnifilo on CNN’s “OutFront” on Wednesday — because it implicitly requires Trump to admit that everything Cohen said, which he is now denying by pleading not guilty to criminal charges against him in New York, is actually true.

“When you look at this, Trump is alleging that Michael Cohen broke attorney-client privilege, he’s talking about all these falsehoods that he put out there,” said anchor Erica Hill. “Is there a legal merit here? I mean, does he have a case?

“It’s an interesting case here because, on the one hand, he’s saying everything is false, right?” said Agnifilo. “So if he was breaching attorney-client privilege, you’re doing that by telling things that were said to you in confidence. But so, is he saying things that Michael Cohen is saying are true because I told him in confidence, and now he’s breached that privilege? Or is he saying that the things are false? Because if they’re false, why didn’t he bring a defamation claim? So it kind of makes no sense.

“It really reads to me like he’s just trying to put his defense in the criminal case out and try and get his statements out there in the court of public opinion.”

She added: “I also think it’s worth noting that there is a little bit of witness intimidation going on here as well. And he’s just using the court system like he seems to want to do, by going after his foes and adversaries.”

Politico: Appeals court rejects Peter Navarro’s bid to retain hundreds of presidential records.

A federal appeals court panel on Wednesday rejected a bid by former Trump White House adviser Peter Navarro to retain hundreds of government records despite a judge’s order to return them promptly to the National Archives.

“There is no public interest in Navarro’s retention of the records, and Congress has recognized that the public has an interest in the Nation’s possession and retention of Presidential records,” the three-judge panel of the D.C. Circuit Court of Appeals concluded in a unanimous two-page order.

The Justice Department sued Navarro last year, seeking to reclaim hundreds of records — contained in Navarro’s personal ProtonMail account — that the government said should have been returned to the National Archives after the Trump administration came to an end in January 2021.

justica-justice-fabiano-millani-2ac232b8

Justica Justice, by Fabiano Millani

 

Navarro acknowledged that at least 200 to 250 records in his possession belong to the government, but he contended that no mechanism exists to enforce that requirement — and that doing so might violate his Fifth Amendment rights against self-incrimination. Last month, U.S. District Court Judge Colleen Kollar-Kotelly rejected that claim, ordering Navarro to promptly return the records he had identified as belonging to the government.

But Navarro appealed the decision, rejecting the notion that the Justice Department had any legitimate mechanism to force him to return the records. And he urged the court to stay Kollar-Kotelly’s ruling while his appeal was pending. But the appeals court panel — which included Judges Patricia Millett and Robert Wilkins, both appointees of President Barack Obama, and Judge Neomi Rao, an appointee of President Donald Trump — rejected Navarro’s stay request.

Within minutes, Kollar-Kotelly put the squeeze on Navarro, ordering him to turn over the 200 to 250 records “on or before” Friday. She also ordered him to perform additional searches or presidential records that might be in his possession by May 8, with further proceedings scheduled for later in the month.

I’m not sure if these records are related to the January 6 investigation, but Navarro has claimed that giving them up will violate his Fifth Amendment rights.

The flurry of filings is the latest twist in a saga that began when the National Archives discovered that Navarro had relied on a ProtonMail account to do official government business — the result of a congressional investigation into the Trump administration’s handling of the coronavirus crisis.

Navarro is also trying to fend off criminal charges for defying a different congressional investigation — the probe by the Jan. 6 select committee — into his role in strategizing to help Trump overturn the results of the 2020 election. He faces charges for contempt of Congress for defying a subpoena issued by the select committee, a case that has been repeatedly delayed amid battles over executive privilege and immunity for presidential advisers.

In its brief order rejecting Navarro’s stay, the appeals court panel concluded that returning the documents would not violate Navarro’s protection against self-incrimination.

allegory-of-justice-gaetano-gandl

Allegory of Justic, by Gaetano Gandolfi

The wheels of justice are grinding slowly in the Trump investigations, but it looks like they are moving more quickly than the fight for women’s rights their own bodily autonomy. This decision makes no sense to me.

AP: Court preserves access to abortion pill but tightens rules.

AUSTIN, Texas (AP) — A federal appeals court ruled that the abortion pill mifepristone can still be used for now but reduced the period of pregnancy when the drug can be taken and said it could not be dispensed by mail.

The decision late Wednesday temporarily narrowed a ruling by a lower court judge in Texas that had completely blocked the Food and Drug Administration’s approval of the nation’s most commonly used method of abortion. Still, preventing the pill from being sent by mail amounts to another significant curtailing of abortion access — less than a year after the reversal of Roe v. Wade resulted in more than a dozen states effectively banning abortion outright.

The case is likely to go to the U.S. Supreme Court.

“We are going to continue to fight in the courts, we believe the law is on our side, and we will prevail,” White House Press Secretary Karine Jean-Pierre said Thursday, speaking to reporters from Dublin during a visit by President Joe Biden.

Opponents that brought the Texas lawsuit against the drug last year cast the decision by the 5th U.S. Circuit Court of Appeals as a victory.

Abortion rights groups expressed relief that the FDA approval would remain in place for now but criticized the court for reinstating restrictions on the drug. Whole Woman’s Health, an abortion provider that operates six clinics in five states, said in a tweet they were continuing to offer mifepristone in clinics and through virtual services while reviewing the decision that came down shortly before midnight Wednesday.

For goddess sake! Just leave women alone to decide on their medical care in consultation with their doctors!! It’s time to ban Viagra, which is far more dangerous than Mifepristone.

In other news, the case of the leaked classified documents is moving rapidly. The New York Times has now named the leaker: Leader of Online Group Where Secret Documents Leaked Is Air National Guardsman.

The leader of a small online gaming chat group where a trove of classified U.S. intelligence documents leaked over the last few months is a 21-year-old member of the intelligence wing of the Massachusetts Air National Guard, according to interviews and documents reviewed by The New York Times.

The national guardsman, whose name is Jack Teixeira, oversaw a private online group named Thug Shaker Central, where about 20 to 30 people, mostly young men and teenagers, came together over a shared love of guns, racist online memes and video games.

Two U.S. officials confirmed that investigators want to talk to Airman Teixeira about the leak of the government documents to the private online group. One official said Airman Teixeira might have information relevant to the investigation.

Federal investigators have been searching for days for the person who leaked the top secret documents online but have not identified Airman Teixeira or anyone else as a suspect. The F.B.I. declined to comment.

Starting months ago, one of the users uploaded hundreds of pages of intelligence briefings into the small chat group, lecturing its members, who had bonded during the isolation of the pandemic, on the importance of staying abreast of world events.

The New York Times spoke with four members of the Thug Shaker Central chat group, one of whom said he has known the person who leaked for at least three years, had met him in person, and referred to him as the O.G. The friends described him as older than most of the group members, who were in their teens, and the undisputed leader. One of the friends said the O.G. had access to intelligence documents through his job.

While the gaming friends would not identify the group’s leader by name, a trail of digital evidence compiled by The Times leads to Airman Teixeira.

The Times has been able to link Airman Teixeira to other members of the Thug Shaker Central group through his online gaming profile and other records. Details of the interior of Airman Teixeira’s childhood home — posted on social media in family photographs — also match details on the margins of some of the photographs of the leaked secret documents.

The Times also has established, through social media posts and military records, that Airman Teixeira is enlisted in the 102nd Intelligence Wing of the Massachusetts Air National Guard. Posts on the unit’s official Facebook page congratulated Airman Teixeira and colleagues for being promoted to Airman First Class in July 2022.

This is kind of funny, because The Washington Post claimed an exclusive in a story this morning that did not name the leaker: Leaker of U.S. secret documents worked on military base, friend says. But it really wasn’t an exclusive, because Aric Tolder reported the story at bellingcat first.

Now, he has the byline in the NYT story. Hahaha. Hooray for the underdog. He also plans to stay at bellingcat for now.

I imagine there will be more news breaking on this story today. I’ll be watching. Have a great Thursday everyone!!


Tuesday Reads: The GOP War on Abortion Rights

Good Afternoon!!

ELSWHAA-FTI’m going to focus on the abortion battle today. I think it is completely inappropriate for abortion to even be a public issue in the first place, but of course regulating women’s bodies and lives has been a goal for powerful men since ancient times.

I was around before abortion became legal in this country–in fact I was around before birth control was legal for unmarried women. For me it feels like what is happening now is an incredible betrayal. Although women have never been treated in our culture as fully equal with men, the Roe v. Wade decision made it possible for women to make great strides in education and work. Now, nearly fifty years later, the progress toward equality has been halted. Women of child-bearing age are being treated like broodmares once again.

The good news is that the majority of U.S. voters are not on the same page with right wing Republicans and the justices they have managed to put on the federal judiciary and the Supreme Court. We saw this in Kansas when voters rejected a referendum to make abortion illegal in the state. We saw in the mid-term elections when voters clearly saw abortion as one of the top issues. We saw it during the latest midterm elections, when abortion was shown to be a significant issue for voters. We saw it recently in Wisconsin, where voters election Janet Protasiewicz, a pro-choice Democrat, to the State Supreme Court, giving liberals a majority.

Steven Shepard at Politico: Abortion was a 50/50 issue. Now, it’s Republican quicksand.

Conservatives are finding out the hard way that abortion isn’t a 50-50 issue anymore.

Janet Protasiewicz’s 11-point blowout victory this week for a state Supreme Court seat in Wisconsin was just the latest example of voters who support abortion rights outnumbering — and outvoting — their opponents. There was little polling in Tuesday’s race, but in a 2022 midterm exit poll of the state, a combined 63 percent of Wisconsin voters said abortion should be legal in all or most cases, while only 34 percent thought it should be illegal in all or most cases.

Moreover, for the 31 percent of 2022 voters who said abortion was their most important issue — second only to inflation at 34 percent — they overwhelmingly backed Democratic Gov. Tony Evers (83 percent) and Democratic Senate candidate Mandela Barnes (81 percent), who lost narrowly to GOP Sen. Ron Johnson.

Going back to the 1990s, Gallup polling showed Americans divided roughly evenly between those who called themselves “pro-life” and “pro-choice.” Exit polls from the 1990s and 2000s showed voters who said abortion or “moral values” were most important to their vote supported Republican candidates in greater numbers.

But those surveys were conducted when a right to an abortion was law of the land. The Supreme Court’s Dobbs decision last year ending that constitutional right has exposed Americans’ broad opposition to the strict abortion bans adopted or proposed in GOP-controlled states. And it’s revealed that public surveys on the matter probably need more nuanced questions now.

There’s a long history of abortion polling. In the 2000 presidential election, the Los Angeles Times national exit poll found more George W. Bush voters rated abortion as one of their two most important issues than Al Gore voters, and voters were divided 50-50 on whether abortion should remain legal or be made illegal (though with exceptions).

That poll offered three options when measuring voter sentiment on abortion: keep it legal, make it illegal with exceptions or make it illegal with no exceptions.

Now, a four-point question probably best measures where Americans sit on the issue: legal in all cases, legal in most, illegal in all and illegal in most. The 2022 national exit poll used this device, finding that 29 percent of voters believed abortion should be “legal in all cases,” while another 30 percent thought it should be “legal in most cases.” That left 26 percent who thought it should be “illegal in most cases” and only 10 percent who said it should be “illegal in all cases.”

That leaves roughly six-in-10 voters supporting legal abortion in most cases — with the median voter supporting some restrictions — and just over a third who want it to be entirely or mostly illegal.

NY Magazine cover, by Barbara Kruger

NY Magazine cover, by Barbara Kruger

The recent decision by reactionary Trump judge Matthew Kacsmaryk in Texas is getting very bad reviews. Kacsmaryk claimed to have the power to tell scientists at the FDA that mifepristone, an abortion pill that has been approved and shown to be safe for more than 20 years, should be banned nationwide. Some recent reactions:

Ruth Marcus at The Washington Post: The worst federal judge in America now has a name.

Congratulations are in order for Judge Matthew Kacsmaryk. The competition is fierce and will remain so, but for now he holds the title: worst federal judge in America.

Not simply for the poor quality of his judicial reasoning, although more, much more, on this in a bit. What really distinguishes Kacsmaryk is the loaded content of his rhetoric — not the language of a sober-minded, impartial jurist but of a zealot, committed more to promoting a cause than applying the law.

Kacsmaryk is the Texas-based judge handpicked by antiabortion advocates — he is the sole jurist who sits in the Amarillo division of the Northern District of Texas — to hear their challenge to the legality of abortion medication.

And so he did, ruling exactly as expected. In an opinion released Friday, Kacsmaryk invalidated the Food and Drug Administration’s 23-year-old approval of the abortion drug mifepristone and, for good measure, found that abortion medications cannot be sent by mail or other delivery service under the terms of an 1873 anti-vice law.

Even in states where abortion remains legal. Even though study after study has shown the drug to be safe and effective — far safer, for instance, than over-the-counter Tylenol. Even though — or perhaps precisely because — more than half of abortions in the United States today are performed with abortion medication.

My fury here is not because I fear that Kacsmaryk’s ruling will stand. I don’t think it will, not even with this Supreme Court. Indeed, another federal district judge — just hours after Kacsmaryk’s Good Friday ruling — issued a competing order, instructing the FDA to maintain the existing rules making mifepristone available. Even Kacsmaryk put his ruling on hold for a week; the Justice Department has already filed a notice of appeal; and the dispute is hurtling its way to the Supreme Court. (Nice work getting yourselves out of the business of deciding abortion cases, your honors.)

No, my beef is with ideologues in robes. That Kacsmaryk fits the description is no surprise. Before being nominated to the federal bench by President Donald Trump in 2017, Kacsmaryk served as deputy general counsel at the conservative First Liberty Institute. He argued against same-sex marriage, civil rights protections for gay and transgender individuals, the contraceptive mandate and, of course, Roe v. Wade.

At his confirmation hearings, Kacsmaryk testified that federal judges are bound “to read the law as it is written and not read into it any policy preference that they might have had before they were judges.”

Well that was a blatant lie. Read the whole article at the WaPo.

Adam Liptak at The New York Times: Abortion Pill Ruling May Face Headwinds at the Supreme Court.

The conservative legal movement has long had two key goals: to limit access to abortion and to restrict the authority of administrative agencies.

The decision last week by a federal judge in Texas invalidating the Food and Drug Administration’s approval 23 years ago of the abortion drug mifepristone checked both of those boxes. The ruling, if it stands, would not only thwart access to the pills, used in more than half of pregnancy terminations, but also undermine the F.D.A.’s authority to approve and regulate other drugs.

Untitled, by Paula Rego (Abortion Series)At first blush, all of that might seem to make the decision’s chances of surviving review by a Supreme Court dominated by conservative justices quite promising.

But legal scholars said on Monday that the poor quality, breathtaking sweep and unknown collateral consequences of the Texas decision might cause at least some of the Supreme Court’s conservative justices to wait for a case that would allow them to take more measured steps.

“If you’re a justice looking for a case in which to undermine the administrative state, this is not a particularly elegant one,” said Mary Ziegler, a law professor and historian at the University of California, Davis. “Everything about this case makes it an imperfect vehicle, except for the fact that it’s about abortion and the administrative state. This is boundary testing.”

Jonathan H. Adler, a law professor at Case Western Reserve University, said the new case, should it reach the Supreme Court, might meet a reception similar to that of the latest challenge to the Affordable Care Act. In 2021, by a vote of 7 to 2, the court said that the 18 Republican-led states and two individuals who brought the case had not suffered the sort of direct injury that gave them standing to sue.

Despite the conservative majority’s misgivings about the health care law, Professor Adler said, “when push came to shove and they were presented with a fundamentally deficient legal theory, only two justices were willing to give that legal theory the time of day.”

History may repeat itself in the Texas case, he said. “I view some of the administrative law aspects of this case to be similar,” he said, noting that there were significant threshold issues involving the plaintiffs’ standing to sue, whether they had exhausted other avenues for relief and whether they had taken too long to bring an action.

Read more at the NYT link.

Drug companies are not happy with Kacsmaryk’s opinion. The New York Times: Drug Company Leaders Condemn Ruling Invalidating F.D.A.’s Approval of Abortion Pill.

The pharmaceutical industry plunged into a legal showdown over the abortion pill mifepristone on Monday, issuing a scorching condemnation of a ruling by a federal judge that invalidated the Food and Drug Administration’s approval of the drug and calling for the decision to be reversed.

The statement was signed by more than 400 leaders of some of the drug and biotech industry’s most prominent investment firms and companies, none of which make mifepristone, the first pill in the two-drug medication abortion regimen. It shows that the reach of this case stretches far beyond abortion. Unlike Roe v. Wade and other past landmark abortion lawsuits, this one could challenge the foundation of the regulatory system for all medicines in the United States.

“If courts can overturn drug approvals without regard for science or evidence, or for the complexity required to fully vet the safety and efficacy of new drugs, any medicine is at risk for the same outcome as mifepristone,” said the statement.

What the DOJ is doing:

abortion is normalAlso on Monday, the Justice Department filed a motion asking the U.S. Court of Appeals for the Fifth Circuit to stay the ruling by Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northern District of Texas until the department’s appeal of the case could be heard. Judge Kacsmaryk, a Trump appointee who has written critically of Roe v. Wade, had issued only a seven-day stay of his ruling to allow the government a chance to appeal.

“If allowed to take effect, the court’s order would thwart F.D.A.’s scientific judgment and severely harm women, particularly those for whom mifepristone is a medical or practical necessity,” said the Justice Department motion, which noted that mifepristone was also used in treating miscarriages.

It added: “This harm would be felt throughout the country, given that mifepristone has lawful uses in every state. The order would undermine health care systems and the reliance interests of businesses and medical providers.”

The appeals court gave the plaintiffs, a coalition of groups and doctors who oppose abortion, until midnight Tuesday to file a response.

There’s much more analysis at the NYT link.

Hannah Getahun at Insider: A Texas judge tried to school the FDA on the abortion pill. Only problem? He used debunked research and a study based on an anonymous blog to do it.

In an unprecedented late Friday night ruling, a Texas federal judge sided with conservative, anti-abortion activists and sought to strip key abortion drug mifepristone of its FDA approval.

The 67-page document, written by right-wing Judge Matthew Kacsmaryk, cited Wikipedia and is full of inaccuracies and falsehoods about the health effects of medical abortion, experts told Insider on Friday.

Kacsmaryk in the ruling cited multiple studies to back up claims that have been widely scrutinized or do not hold up to scientific consensus.

“When you’re issuing a ruling that’s going to impact people nationally, one would hope that that ruling would be evidence-based and that it would look at the body of evidence instead of cherry-picking studies that are really not in line with the scientific consensus on the topic,” M. Antonia Biggs, Ph.D. and social psychologist at ANSIRH previously told Insider. 

For example, one study, with ties to anti-abortion nonprofit the Charlotte Lozier Institute, relies on the anonymous experiences of users on one particular website. The study uses 98 blog posts made over the course of 10 years. The authors note that the small sample group is one of the study’s limitations.

In comparison to the study, in 2020, 620,327 legally induced abortions were reported to CDC.

However, despite the limited scope of the study, the conservative Christian judge writes that “eighty-three percent of women report that chemical abortion ‘changed’ them — and seventy-seven percent of those women reported a negative change” — citing the study of 98 anonymous blog posts.

In another example, the judge cites an analysis that suggests a link between negative mental health outcomes and abortion written by abortion researcher Priscilla Coleman whose study has been denounced for years by abortion researchers and whose other work has previously been retracted by leading journals.

Julia Steinberg, an expert on mental health and abortion, told Reuters in 2012 that most women in the study who experienced mental health issues after having an abortion had also experienced them before the abortion. The Guttmacher Institute also debunked the study in a letter.

Clearly, Kacsmaryk is woefully unqualified to be a federal judge.

Ameya-Marie-Okamoto_The-Notorious-RBG_2018-copy

Ameya Marie Okamoto,The Notorious RBG, 2018

More on Kacsmaryk’s ideological bias from NBC News: Judge’s abortion pill decision embraces extreme language and ideology of anti-abortion movement, experts say.

In interviews, several legal and medical experts said Kacsmaryk’s decision was unprecedented and clearly ideological. His language and reasoning, they said, closely mirrored arguments and concepts put forward by the anti-abortion movement — at the expense of scientific consensus in some instances.

The experts pointed to several key examples of the extreme nature of Kacsmaryk’s 67-page ruling, including his use of politicized terminology and apparent endorsement of the contentious idea of “fetal personhood.” Here are the parts of the ruling experts found most striking….

In his ruling Friday, Kacsmaryk used various terms closely associated with the anti-abortion movement, according to the experts who were interviewed. Notably, Kacsmaryk referred to the two-pill regimen that is the most common way to terminate a pregnancy in the U.S. as “chemical abortion,” rather than “medication abortion.” The plaintiffs in the suit, a group called the Alliance for Hippocratic Medicine, use the same term in their filings and messaging.

“‘Chemical abortion’ is absolutely not a scientific or medical term. It is something that has been utilized and propagated by those who want to ban abortion or restrict abortion,” said Dr. Jenni Villavicencio, an OB-GYN who is the American College of Obstetricians and Gynecologists’ lead for equity transformation.

Villavicencio characterized “chemical abortion” as an “emotive” term meant to inspire fear about the risks of ending a pregnancy.

She also highlighted Kacsmaryk’s references to a fetus as an “unborn human” or an “unborn child.”

Kacsmaryk wrote that mifepristone “blocks the hormone progesterone, halts nutrition, and ultimately starves the unborn human until death.” [….]

Kacsmaryk’s references to an “unborn child” align with other parts of his decision in which he suggests that any potential “side effects” or “significant complications” caused by mifepristone should apply to both the pregnant woman and “to the unborn humans extinguished by mifepristone.”

Such wording, experts said, references the concept of “fetal personhood”: the idea promoted by the anti-abortion movement that a fetus should be recognized as a person with constitutional rights from the moment of conception. Under that theory — which many legal analysts and abortion rights advocates oppose — an abortion would be considered murder.

Finally, This piece from David R. Lurie at Aaron Rupar’s Public Notice outlines the recent history of the federal courts and the consequences of Republicans working to politicize the courts: The federal judiciary’s grave legitimacy crisis. A Texas judge’s absurd abortion pill ruling is the latest sign of how bad it’s gotten.

On Friday, a Trump-appointed judge with a long history of anti-choice activism ordered the FDA to take a medication that is safely used to perform most abortions off the market, based on the thinnest of legal rationales. The same day, Supreme Court Justice Clarence Thomas gaslit the nation by saying he’d seen no need to disclose the hundreds of thousands of dollars’ worth of largess he received from a right-wing billionaire.

These two apparently disparate events are fruit of the same poison tree. They each reflect a fundamental problem with the GOP’s decades’ long effort to remake the nation by packing the federal courts with extremists: A judiciary at odds with, and even contemptuous of, most of the nations’ citizens is not sustainable.

A brief history of SCOTUS’s decline since Bush v. Gore

During what can now fairly be titled the federal courts’ “Trump Era,” Americans’ trust in the judicial branch has plummeted. In the wake of the Supreme Court’s overruling Roe58 percent of the nation now disapproves of how the Supreme Court is handling its job, and less than half the country has confidence in the institution. This is hardly a surprise; indeed, what’s surprising is how long it has taken most of the nation’s citizens to realize that the packed Supreme Court has become a partisan tool of the Republican Party, and a direct adversary to the nation’s foundational principles of democracy and civil rights.

viva_ruiz_thank_god_for_abortion_art_itsnicet.width-1440_PhGo1VeXB6jw0hTjEven before Trump and Mitch McConnell packed the Supreme Court with a right-wing supermajority, GOP-appointed justices were pursuing a brazenly anti-democratic project, which only became more audacious as each judicial attack was met with little pushback.

Even before Trump and Mitch McConnell packed the Supreme Court with a right-wing supermajority, GOP-appointed justices were pursuing a brazenly anti-democratic project, which only became more audacious as each judicial attack was met with little pushback.

In addition, the court ruled in 2019 that the US Constitution places no limits on the partisan gerrymandering of legislative districts that, in states like Wisconsin, North Carolina, and Tennessee, has so diluted the votes of many citizens as to make a farce of the democratic process. In addition, it appears several justices are interested in a dubious reading of the Constitution that would prevent governors and state courts from addressing such largely GOP-driven gerrymandering, even when it squarely violates the state constitutions state courts and elected officials are charged with enforcing.

The Roberts court also set out to open political campaigns to brazen corruption by gutting campaign finance laws, including in the 2010 Citizens United case, which voided key limits on dark money in political campaigns, as well as a 2021 decision that protected the identities of many dark money donors from even being disclosed. But these deeply partisan decisions proved only to be a preamble for what was to come.

As the two years since Trump’s failed insurrection against democracy have demonstrated, the vast majority of GOP “leaders” either support, or are unwilling to oppose, the Republican Party’s movement toward outright authoritarianism. And that same tendency is evident in the rulings of Trump Era judges.

In last year’s Dobbs decision, the Trump Era Supreme Court supermajority used a case that was initially about a 15-week abortion ban to overrule Roe entirely. As I observed after a draft of the decision was leaked, it was all but inevitable that the GOP, along with the Court, would be met with a public backlash. But that backlash is only leading to a doubling down upon extremism, including among some right-wing jurists.

It should not be surprising, however, that extremists the GOP has installed in the judiciary — chosen for their ideological fervor, not their political savvy — are determined to use their lifetime judicial appointments to impose right-wing economic, political and social policy agendas on the nation, whether the nation wants them or not.

It’s not at all surprising that the right wing courts are so focused on controlling women’s bodies. I’m feeling discouraged and overwhelmed with rage and fear over what is happening, but it does seem as if a majority of Americans are now pro-choice, and they are voting on these issues. So there’s hope. Please share your thoughts on these articles and feel free to discuss any other issue that is important to you.

Take care, Sky Dancers!