Friday Reads
Posted: October 29, 2021 Filed under: Afternoon Reads | Tags: Build Back Better plan, CIA black sites, democracy, Facebook name change, Filibuster, Gender Equality, George W. Bush, Guantanamo, Joe Manchin, Mark Zukerberg is evil, National Cat Day, paid family leave, right to vote, Torture 23 Comments
Audrey Hepburn, Breakfast of Tiffany’s publicity photo by Howell Conant, 1960
Happy National Cat Day!!
47ABC: National Cat Day shines light on fostering, adopting.
SALISBURY, Md. – Friday is National Cat Day, a day all about celebrating our feline friends, but also about raising awareness of adopting and fostering.
This time of year especially, local shelters tell us they’re very busy with kittens and are in need of fosters.
Arynn Brucie with the Brandywine Valley SPCA says adopting and fostering cats and kittens are equally important, and National Cat Day can shed a light on all of the four legged friends who are looking for temporary and permanent homes.
“The shelter is a great stop for them, but not necessarily great long term, so for the older kitties that may not be adjusting well to the shelter, fostering is great for that, kittens that come in without a mom, or super young or a mom with kittens that may not have a soft nice place to land, fostering is really important for that,” she said.
According to nationaltoday.com, National Cat Day was founded in 2005 by Colleen Paige, a lifestyle writer who set out to celebrate beloved pet cats while also putting a spotlight on the thousands still waiting to be rescued.

Jimmy Stewart, Kim Novak and Pyewacket. Promo for “Bell, Book and Candle” (1958)
In celebration of this year’s event, here are some facts, tips and must-have feline finds for any cat lover:
- Cats have been companion animals to humans since ancient times. Research suggests that cats first lived close to humans and primarily served as pest control before being domesticated as pets.
- Cats have been sharing our daily lives for a long time. It’s estimated that cats were first domesticated in Egypt between 10,000 and 12,000 years ago. Today, there are more than 400 million pet cats worldwide and around 90 million pet cats in the United States.
- Cats’ whiskers help them navigate their surroundings. While face whiskers are the most obvious, cats also have object-sensing hairs throughout their bodies.
- Most cats experience a euphoric reaction to catnip. Purring, pawing, rolling and romping are common reactions. Catnip is a safe treat that many felines enjoy as much as their humans enjoy watching their reactions.
- There are a lot of cats in need of rescue. According to the ASPCA, about 3.2 million cats end up in animal shelters each year. Spaying and neutering cats are vital to preventing unwanted litters of kittens.
- Pet cat ownership increased during the pandemic. A 2021 survey by the American Pet Products Association found that 14% of respondents got a new pet in the past year, many of whom chose to get a cat.
Here’s what’s happening in non-cat news:
Jill Filipovic at The Guardian: Joe Manchin single-handedly denied US families paid leave. That’s just cruel.
Americans will remain some of the last people on the planet to have no right to paid leave when they have children, and for that, you can thank Joe Manchin.
To be fair, 50 Republicans are to blame for this as well. All 50 of them oppose Biden’s paid family leave plan, and none were expected to vote for this bill. If even a few of them had been willing to cross the aisle to support parents and new babies – to be, one might say, “pro-life” and “pro-family” – then Manchin would not have the power he does to deny paid family leave to millions of American parents. So let’s not forget this reality, too: most Democrats want to create a paid family leave program. Republicans do not.
Sigourney Weaver in Alien, 1979
But Manchin’s actions are particularly insulting and egregious because he is a Democrat. He enjoys party support and funding. He benefits when Democrats do popular things. And now, he’s standing in the way of a policy that the overwhelming majority of Democrats want, and that is resoundingly popular with the American public, including conservatives and Republicans.
Paid family leave brings a long list of benefits to families, from healthier children to stronger marriages. And it benefits the country by keeping more working-age people in the workforce – when families don’t have paid leave, mothers drop out, a dynamic we’ve seen exacerbated by the pandemic. By some estimates, paid family leave could increase US GDP by billions of dollars.
This is good policy. But it’s also a policy that is, in large part, about gender equality. While paid leave is (or would have been) available to any new parent, the reality is that it’s overwhelmingly women who are the primary caregivers for children, it’s overwhelmingly women who birth children, and it’s overwhelmingly women who are pushed out of the paid workforce when they have kids.
Read more at the The Guardian.
Not to worry though, we can also thank Manchin for preserving the filibuster (sarcasm). Joyce White Vance at MSNBC: Democracy is dying a slow death in America. At least we have the filibuster!
Those who suggest we should sacrifice the right to vote in order to preserve the filibuster are telling a fairy tale about a democracy gone bad.
As of this month, 19 states have passed 33 new laws since the 2020 election that will make it harder for Americans to vote. Using false allegations of voter fraud like a monster beneath the bed, Republican state legislatures have passed laws that make it harder to register to vote, stay registered, cast a ballot and have it counted. We’re already entering the next wave of voting rights violations, as data from the 2020 census is stretched and pulled into politically gerrymandered districts that will be with us for the decade.
These laws will make it much more difficult for some voters — and especially for people of color, people with disabilities, and people of lower economic status — to exercise their rights. Some of the statutes veer perilously close to enabling future candidates to do what former President Donald Trump and his allies attempted in 2020: cancel just enough votes to win.
Anita Ekberg in La Dolce Vita, 1960
Democrats have passed legislation in the House of Representatives that would provide a fix. But it’s come to a standstill in the Senate. That’s true even though Sen. Joe Manchin, D-W.Va., morphed the House’s Help America Vote Act into the less beefy but still important Freedom to Vote Act. He thought, unlike anyone who’s been paying attention to Congress over the last few years, that he could attract Republican votes. Whether Republicans are afraid of their party’s de facto leader or afraid of their own political prospects if all of their constituents are free to vote, the Senate floor vote last week made the state of play clear. We are losing ground, and dangerously so, in the fight to ensure American voters can exercise their most essential right in our democracy. But that’s OK! Because we’ll have something much more important, at least according to the Republicans and to Sens. Manchin and Kyrsten Sinema of Arizona — the filibuster.
In 2024, your state legislature may decide that because your majority-Black county voted Democratic in the presidential election, there must have been fraud involved. They may remove your local election officials and replace them with their own handpicked people who will “find” enough votes to “fix” the outcome of the election for the Republican — all legal because the Senate failed to pass the law that would have prevented states from doing this. When your vote isn’t counted, you can console yourself with the knowledge that the filibuster is still there for you.
I wonder which side Manchin and Sinema would have been supported in the Civil War?
Mark Zukerberg–another candidate for most valuable player in the destruction of democracy–announced yesterday that he’s changing Facebook’s name to Meta. Jason Koebler at Vice News: Zuckerberg Announces Fantasy World Where Facebook Is Not a Horrible Company.
Moments before announcing Facebook is changing its name to “Meta” and detailing the company’s “metaverse” plans during a Facebook Connect presentation on Thursday, Mark Zuckerberg said “some people will say this isn’t a time to focus on the future,” referring to the massive, ongoing scandal plaguing his company relating to the myriad ways Facebook has made the world worse. “I believe technology can make our lives better. The future will be built by those willing to stand up and say this is the future we want.”
Marlon Brando in The Godfather, 1972
The future Zuckerberg went on to pitch was a delusional fever dream cribbed most obviously from dystopian science fiction and misleading or outright fabricated virtual reality product pitches from the last decade. In the “metaverse—an “embodied” internet where we are, basically, inside the computer via a headset or other reality-modifying technology of some sort—rather than hang out with people in real life you could meet up with them as Casper-the-friendly-ghost-style holograms to do historically fun and stimulating activities such as attend concerts or play basketball.
These presentations had the familiar vibe of an overly-ambitious video game reveal. In the concert example, one friend is present in reality while the other is not; the friend joins the concert inexplicably as a blue Force ghost and the pair grab “tickets” to a “metaverse afterparty” in which NFTs are for sale. This theme continued throughout as people wandered seamlessly into virtual fantasy worlds over and over, and the presentation lacked any sense of what this so-called metaverse would look like in practice. It was flagrantly abstract, showing more the dream of the metaverse than anything resembling reality. We’re told that two real people, filmed with real cameras on real couches, are in a “digital space.” When Zuckerberg reveals that Facebook is working on augmented reality glasses that could make any of this even a possibility, it doesn’t show any actual glasses, only “simulated footage” of augmented reality.
“We have to fit holograms displays, projectors, batteries, radios, custom silicon chips, cameras, speakers, sensors to map the world around you, and more, into glasses that are five millimeters thick,” Zuckerberg says.
Whatever the metaverse does look like, it is virtually guaranteed to not look or feel anything like what Facebook showed on Thursday.
Read more delusional stuff at the link. I’m not sure what any of this has to do with the mess I see when I dare to open Facebook.
Of course George W. Bush contributed to the anti-democratic world we’re in today. Here’s a flashback for you from Carol Rosenberg at The New York Times: For First Time in Public, a Detainee Describes Torture at C.I.A. Black Sites.
GUANTÁNAMO BAY NAVAL BASE, Cuba — A suburban Baltimore high school graduate turned Al Qaeda courier, speaking to a military jury for the first time, gave a detailed account on Thursday of the brutal forced feedings, crude waterboarding and other physical and sexual abuse he endured during his 2003 to 2006 detention in the C.I.A.’s overseas prison network.
Art Carney in Harry and Tonto
Appearing in open court, Majid Khan, 41, became the first former prisoner of the black sites to openly describe, anywhere, the violent and cruel “enhanced interrogation techniques” that agents used to extract information and confessions from terrorism suspects.
For more than two hours, he spoke about dungeonlike conditions, humiliating stretches of nudity with only a hood on his head, sometimes while his arms were chained in ways that made sleep impossible, and being intentionally nearly drowned in icy cold water in tubs at two sites, once while a C.I.A. interrogator counted down from 10 before water was poured into his nose and mouth.
Soon after his capture in Pakistan in March 2003, Mr. Khan said, he cooperated with his captors, telling them everything he knew, with the hope of release. “Instead, the more I cooperated, the more I was tortured,” he said.
The dramatic accounting capped a day in which eight U.S. military officers were selected to serve on a jury, which will deliberate Friday on his official sentence in the range of 25 to 40 years, starting from his guilty plea in February 2012.
Read the rest at the NYT.
More stories to check out:
Will Sommer at The Daily Beast: He’s Writing Tucker’s Deranged Jan. 6 Movie—After Directing a Pizzagater’s Opus.
The Washington Post: Flight attendant suffers broken bones in ‘one of the worst displays of unruly behavior’ in the skies.
Reuters: Trump’s real-estate empire pays the price for poisonous politics.
The Bulwark: Truth Social Violated Mastodon’s ToS; Trump’s Entire Platform Might Now Be DOA.
The Washington Post: Chief federal judge in D.C. assails ‘almost schizophrenic’ Jan. 6 prosecutions: ‘The rioters were not mere protesters’
Buzzfeed News: White Supremacists Used Racist Slurs And Cursed In Bizarre Opening Statements For The Charlottesville Trial.
Jane Mayer at The New Yorker: A Retiring Democrat Places Blame for Paralysis in Congress.
Tuesday Reads
Posted: October 26, 2021 Filed under: Afternoon Reads | Tags: abortion, Build Back Better plan, Climate change, Federal Spending, Joe Manchin, nor'easter, Roe v. Wade, Supreme Court, weather 18 Comments
The Northeaster, by Winslow Homer
Good Afternoon!!
A huge nor’easter is moving up the coast and will likely hit us this afternoon. New Jersey and New York have already declared states of emergency. It has already been pouring rain here for the past two days and it will continue into tomorrow. We are expecting 70 mph wind gusts, maybe a bomb cyclone, and, of course, power outages. I just hope I don’t lose power. I need to get a better flashlight.
The Washington Post: Intensifying nor’easter lashing Northeast with flooding rain and high winds.
A storm offshore the Mid-Atlantic explosively intensified Monday night, and it is buffeting the Northeast with strong winds and flooding rains.
Flash flood watches are up from extreme northern Delaware and New Jersey through eastern Pennsylvania and most of southern New England. Up to five inches of rain are possible, falling on soils that are largely saturated following an exceptionally wet summer. Parts of New Jersey have already seen more than 4 inches, with rainfall rates topping an inch per hour….
Wind advisories also stretch from the nation’s capital to the coastline of Maine, with a high-wind warning up for the shorelines of Massachusetts and Rhode Island, where gusts could top 70 mph. The nor’easter is the first of two sprawling storm systems that will bring inclement weather to the East Coast this week. Its rate of intensification is expected to qualify it as a “bomb cyclone,” or a storm that strengthens with unusual haste.
The storm is the final act of a destructive ensemble that brought tornadoes to the Ozarks and Midwest on Sunday and a line of strong thunderstorms to parts of the Mid-Atlantic overnight Monday, which unloaded 1 to 3 inches of rain from Washington to Philadelphia. By Tuesday, rain and downpours were exiting offshore of the Delmarva Peninsula, spiraling into a new developing low pressure center taking shape off the East Coast.
But nearly half of Americans are deluded about what causes climate change, according to a new poll.
Vice News: 45% of Americans Don’t Believe Humans Cause Climate Change, VICE News/Guardian Poll Shows.
This year was marked by several unprecedented natural disasters, including a “heat dome” marked by sweltering temperatures of up to 113 F that plagued the Pacific Northwest, killing hundreds, and record-breaking wildfire seasons that razed entire towns and displaced thousands. Experts linked the string of natural disasters to the climate crisis, and yet, many Americans are still struggling to understand whether and why the generation-defining crisis is happening.
Emil Carlsen, Nantasket Beach Nor’easter, 1882
The poll, which surveyed 1,000 Americans on behalf of VICE News, the Guardian, and Covering Climate Now, by YouGov, comes less than a week before leaders and delegates from around the world meet in Glasgow, Scotland, for COP26, the United Nations’ climate change conference. The data shows that climate change is a top voter issue in the U.S., behind health care and social programs. For college grads and Democrats, climate change jumped to top spot (for Democrats it was tied with health care).
But while 69.5 percent of respondents believe global warming is happening, they were divided on what’s causing it. Forty-five percent don’t think humans are mostly to blame for global warming, opting instead to blame “natural changes in the environment” or “other,” and 8.3 percent denied global warming is happening altogether.
That’s mostly due to Republicans (55.4 percent) and independents (33 percent) though, who were far more likely than Democrats (17.2 percent) to believe “natural causes” have led to global warming. Young people and educated folks too were significantly more likely to believe humans are to blame for climate change.
Republicans aren’t satisfied with destroying U.S. democracy and killing as many people as possible with Covid-19; apparently they are also determined to hasten the end of the human race. Of course Republican are getting help with their goal of ending democracy and doing nothing about climate change–from a so-called Democrat.
John Nichols at The Nation: Joe Manchin’s Surefire Strategy to Ensure That Democrats Lose in 2022.
If Joe Manchin gets what he wants in negotiations with the Biden White House and his fellow Democratic senators regarding climate policy, which now seems likely, it could have a devastating impact on the planet—and on Democrats’ prospects in 2022.
How so? Let’s answer that question by asking and answering two other questions.
First: Name an issue that young people—an increasingly important and frequently decisive voting bloc—are passionate about? When the US Conference of Mayors surveyed potential voters between the ages of 18 and 29 in 2020, 80 percent said the climate crisis was “a major threat to human life on earth as we know it.” By a 3-1 margin, young people said “bold measures” needed to be taken to address that threat.
Greg Cartmell, October Nor’easter
Second: Name the issue that Democrats are now talking about downplaying in the ”Build Back Better” agenda in order to secure the West Virginia senator’s support? The Biden administration is by all accounts preparing to cut from the budget plan the Clean Electricity Performance Program (CEPP), a key climate initiative that would use a combination of incentives and mandates to get utilities to embrace renewable energy.
Much of the serious reporting on the issue has focused on the devastating impact that losing those clean-energy provisions could have on upcoming climate negotiations at the United Nations Climate Change Conference in Glasgow, Scotland. Without them, it will be tougher for Biden to convincingly pledge a 50 percent reduction in US carbon emissions by 2030. That could undermine negotiations on the issue, according to Michael Mann, director of the Earth System Science Center at Penn State. So serious is the threat that Mann greeted the news of Manchin’s push to abandon the CEPP by declaring, “Joe Manchin just launched a hand grenade at Glasgow.”
Read the rest at The Nation.
More depressing articles on Biden’s shrinking “Build Back Better” legislation:
The Washington Post: Additional Medicare, Medicaid benefits may be whittled or cut as Democrats woo moderates.
Democrats’ sweeping plans to bolster Medicare and Medicaid benefits have been scaled back amid an assault from industry groups and opposition from centrists like Sen. Joe Manchin III (D-W.Va.), with popular coverage expansions likely to be narrowed in hopes of reaching a deal this week.
Meanwhile, drug-pricing reforms have come under sustained attack from pharmaceutical lobbyists, with some Democrats now balking at empowering Medicare to negotiate the price of prescription drugs. Scaling back that proposal, which was expected to cut government spending by more than $700 billion over a decade, would complicate Democrats’ ambition to subsidize their coverage expansions.
Manchin told reporters on Monday that he had concerns about some of Democrats’ signature proposals, underscoring the fragile state of negotiations. “You’ve got to stabilize” Medicare’s long-term finances before adding new benefits, the senator said, adding that he thought the Medicaid proposal was “unfair” to states like his, which have already expanded the program under the Affordable Care Act.
The infighting over health care also prompted Democratic leadership this month to consider a plan to delay some of the party’s health agenda to next year, including a plan to repeal a Trump-era ban on prescription drug rebates, hoping that election-year deadlines would force lawmakers to seal deals that are currently proving elusive, said three people with knowledge of the negotiations, who spoke on the condition of anonymity because of the sensitivity of the negotiations.
That won’t excite Democrats about voting in 2022. And Bernie Sanders is fighting back. The Hill: Sanders draws red lines on Medicare expansion, drug pricing plan in spending bill.

Karol Wyckoff, Nor’easter
Robert Reich at The Guardian: Is Biden’s entire agenda about to shrink into nothingness?
This week, Democrats either reach an agreement on Biden’s social and climate agenda or the agenda may shrink into meaninglessness. The climate measures in particular need to be settled before Biden heads to Scotland for the UN climate summit this weekend, so other nations will see our commitment to reduce carbon emissions.
On Sunday, Biden met with key Democrats to work out spending and tax provisions. Yet every senate Republican and at least two senate Democrats continue to assert that Biden’s agenda is too costly.
Too costly? Really? Compare the Biden’s social and climate package’s current compromise tab of $2tn (spread out over the next 10 years) with:
The $1.9 trillion Trump Republican tax cut that went mostly to the wealthy and large corporations.
Americans were promised that its benefits would “trickle down” to average workers. They didn’t. Corporations used them to finance more stock buybacks. The wealthy used them to buy more shares of stock (and shares of private-equity and hedge funds).
The Trump Republican tax cut should be repealed to pay for Biden’s social and climate package. There is no good reason to retain it. But no senate Republican will vote for its repeal, nor will Arizona’s Kyrsten Sinema – making it a political non-starter in a chamber where Democrats have just half the votes.
The $2.1 trillion that America’s 750 billionaires have raked in just since the start of the pandemic.
You might think that at least a portion of this windfall should help pay for Biden’s agenda since much of it has been the result of monopoly power (for example, Amazon’s dominance over e-commerce during the pandemic).
Oregon Senator Ron Wyden, chair of the Senate Finance Committee, is proposing a “Billionaires Income Tax,” to be paid by the roughly 750 Americans with $1bn in assets or $100m in income for three consecutive years. It would be a yearly tax on the increasing value of their assets – such as stocks and bonds – regardless of when they sell. They could still write off losses every year. Interestingly, neither Sinema nor West Virginia Senator Joe Manchin, the other holdout, has voiced opposition to Wyden’s proposal.
The nearly $8 trillion we’ll be spending on the military over the next 10 years.
The United States already spends more on our military than the next 10 biggest military spenders in the world combined.
Last week, the Senate Appropriations Committee unveiled a nearly $726bn budget for the Defense Department in 2022. That was about $20bn more than Biden requested. Some $14bn in other funds are set aside for the Pentagon in separate military construction and energy appropriations bills, bringing the total budget to about $740 billion. Over ten years, that comes close to $8tn.
More at the link. Also see this from The Washington Post Editorial Board: Build Back Better is getting worse and worse.

Karen Blackwood, A Nor’easter Coming
I’ll end with this piece by Erin Gloria Ryan at The Daily Beast: These Aren’t Justices. They’re Used Car Salesmen, and They’re Coming for Your Abortion Rights.
One of the oldest sales tricks in the book is the one where the salesperson presents the potential buyer with an extremely crappy option first, and follows that up with an only moderately crappy second option. The potential buyer, dazzled by the jump in quality between options one and two, won’t scrutinize option two as much, because it’s so much better than option one. This has been employed by slimy realtors, wedding planners, and used car salesmen.
And now, we’ve reached the point in the American experiment where the Supreme Court’s new conservative majority has resorted to a cheap sales tactic in an attempt to rehabilitate its image. Lower the customer’s expectations enough, conventional wisdom goes, and they’ll thank you for ripping them off.
The high court agreed to hear the Biden administration’s challenge to the law on Nov. 1, on an expedited schedule. Legal observers predict that the court will toss the law out. I—and many wary pro-choicers—predict that after tossing the law out, the media will fawn over the court’s newfound social moderation, and the Susan Collinses of the world will crow that they were right, the hysterical feminists were wrong, and the Supreme Court was never going to toss abortion rights on—as Mike Pence would say—“the ash-heap of history.”
The following month SCOTUS will hear oral arguments in the case of Dobbs vs. Jackson Women’s Health, testing the constitutionality of a Mississippi law that directly confronts Roe v. Wade by banning abortion after 15 weeks’ gestation. Roe established in 1973 that the government has no right to interfere with abortion access prior to fetal viability—around 24.5 weeks’ gestation (a full-term pregnancy takes 40 weeks). Dobbs is the direct challenge to Roe that conservative activists have had a hard-on for since Reagan.
Ryan argues that, using the “smokescreen” provided by the ridiculous Texas law, the right wing justices will use the Alabama law to overturn Roe v. Wade.
Sorry this post is so full of woe. Hope you all have a pleasant Tuesday; I’ll be taking a news break for the next few hours at least.
Friday Reads: Mitch McConnell keeps trotting out his Prize Livestock
Posted: October 22, 2021 Filed under: abortion rights, Afternoon Reads, Voting Rights, Voting Rights and Voter Suppression, War on Women 10 Comments
Karl Schmidt-Rottluff
Still Life, Cactus, 1919
Good Day Sky Dancers!
Louisiana is a little later than most states that I’ve lived in with their State Fair Livestock Shows. It probably has something to do with the heat and peak hurricane season which occurs during the Labor Day Weekend which is when I was used to doing the Iowa State Fair, the Nebraska State Fair, and the Minnesota State Fair.
My favorite part as a kid was the kids from 4H showing off their pet livestock projects. It was always a real range of farm animals and the kids and animals seemed really close when you watched them in their pens together.
The one thing that killed all that for me was knowing that what looked like a loving pet to me was most likely going to wind up at an auction. I like the Crazy Cajun Pygmy Goat Shows though because I know they’re likely going to live a long life attending yuppy yoga goat classes, or clearing out the bramble in some backyard for a fee, or being the focus of some kid’s birthday party, or providing the basis for some cheese.
Perhaps I read Charlotte’s Web to my kids way too many times.
The point is that both the ranchers-to-be and the meals-to-be love those shows. The animals have no idea that their purpose is to ensure everyone knows their place in the food chain. It’s mostly to remind everyone that no matter how much attention they get at one point, they’re simply there to show off enough so everyone will go off and find more of their kind to slaughter.
This is about how I feel about Mitch McConnell trotting out Amy Coney Barrett and now, Clarence Thomas to represent just how much animals will preen for the camera when they’re about to sell the rights that got them there out. I wonder if he’ll trot out the white guys too? Nah, it’s all about preserving only their rights.
https://twitter.com/imillhiser/status/1451585520153370645

Saguaro Cactus at Sun Set, Gayle McGinty
The deal with livestock shows is they are always big deals to a few that lead up to mass slaughter for the innocent.
This is from The Washington Post. “McConnell lauds Thomas, says Supreme Court should not heed the ‘rule of polls’” Someone needs to tell Mitch the settled laws are not about the rule of polls. They are about the Rule Of Law.
The conservative think tank was the site of a day-long celebration of Thomas’s three decades on the court, with panels of judges, lawyers and legal analysts celebrating the 73-year-old justice’s record.
McConnell was the keynote speaker, and he urged boldness and independence from the federal judiciary he had a large hand in reconstructing. He pushed through a record number of confirmations of federal judges when Republicans controlled the Senate and President Donald Trump was making nominations.
Included in the list are three Supreme Court justices: Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett.
Polls have shown public approval of the Supreme Court is falling — those who say it is too conservative are growing — but McConnell said popularity is not the standard by which judges should be evaluated.
“They’re not tasked with reasoning backwards from abstract impressions about what outcome the nation supposedly needs or the court’s public standing supposedly requires,” McConnell said. “We need the rule of law, not the rule of polls.”
Thomas has provided the example, McConnell said. “For 30 years and counting, you have had the brightest possible North Star illumining the path before you, the courage and fidelity of Justice Clarence Thomas,” the senator from Kentucky said.
…
Thomas is the second justice to appear with McConnell in the last two months. Barrett accompanied him to the University of Louisville for a speech at the center that bears the senator’s name in September.
“My goal today is to convince you that this court is not comprised of a bunch of partisan hacks,” she said. Critics said it was not a choice setting for such a nonpartisan message.
McConnell is the politician most responsible for the change on the Supreme Court and in the federal judiciary, said Donald McGahn, Trump’s White House counsel. “He’s always had an eye on the long game,” McGahn said in introducing McConnell.
Democrats remain bitter about McConnell’s role. As Senate majority leader, he refused to allow a hearing on President Barack Obama’s Supreme Court choice Merrick Garland in 2016, saying it was inappropriate in an election year. Garland was nominated to replace Justice Antonin Scalia, who died in February of that year.

Landscape with Cacti, Diego Rivera, 1931
It’s always disheartening to see minorities and women welcome their overlords. It’s something I’ve never understood. At least the animals at a livestock show don’t see what’s come but, damn, what person isn’t aware of the results of selling out? We’re seeing Republicans block every attempt to provide access to voting rights. They’re gerrymandering Texas right now in a manner that over-represents white people and underrepresented Hispanic Americans. This is from The Dallas News. “Texas’ latest congressional gerrymander wouldn’t pass muster under doomed Freedom to Vote Act. Senate Democrats seem to lack votes needed to push through scaled-down voting rights bill.” Let’s face it. They want governance by white christianist men period.
Congress is preparing for a showdown Wednesday on a doomed bill to protect minority voting rights that Democrats view as critical – and that, if it were in place, would derail the gerrymandered redistricting plan just finalized in Austin.
Republicans set aside a scant 14 of 38 U.S. House seats in Texas for Democrats, leaving the rest for themselves.
That’s 37% for Democrats, 63% for Republicans – a gap of 26 points that doesn’t even come close to passing muster under the Freedom to Vote Act, which uses recent federal elections as the benchmark to determine whether a congressional map is even modestly fair.
“There are serious voting rights issues on the map,” said Michael Li, a redistricting expert at the left-leaning Brennan Center for Justice.
He noted how blatantly the Texas congressional map that Gov. Greg Abbott will soon sign violates the proposed ban on partisan gerrymandering.
Republicans carried Texas in the last two races for president and U.S. Senate – but not by anything close to 26 points.

Sahuaro, Tucson, Arizona (1940) by Maynard Dixon
This analysis is from The Texas Observer and Justin Miller. “REPUBLICANS’ GERRYMANDERED MAPS TURN BACK TIME IN TEXAS. Once again, Republicans draw the lines of power to protect their incumbents and amplify their white, conservative, rural base—and deny millions of Texans of color their due political representation.”
With a quick glance at the new redistricting maps that Texas Republicans just rammed into law, you could be forgiven for thinking that the Lone Star State’s population became a whole lot whiter, more Republican, and more rural over the past decade.
But that is a political illusion achieved through surgical lines that create donut-hole districts, gnarled fists, and land bridges, drawn by a party desperate to avoid confronting the realities of a transformed state. People of color constituted 95 percent of Texas’ population growth over the past decade, including roughly half from Latinos alone, earning the state two new congressional districts. But Republicans used redistricting to effectively turn back time, locking in the white majoritarian rule that has controlled Texas since Reconstruction.
Democrats, voting rights advocates, and everyday constituents alike protested that the maps carved apart neighborhoods and voters of color in blatantly discriminatory fashion. But Republicans rushed through the legislative process with their fingers in their ears, providing the public with only a perfunctory chance to provide input as the maps advanced at a rapid clip. GOP leaders insisted that the maps were drawn “race-blind” and that their lawyers had assured them they were not running afoul of the federal Voting Rights Act.
By spreading out the electoral power of their white base in the vast expanses of deep-red rural Texas, Republicans shored up their current hold on power. They drew majority-white districts and fewer Hispanic majority districts, making red seats redder and blue seats bluer. This was done by defusing the ascendant political power of Latino, Black, and Asian voters in the cities and suburbs of Texas.
If this all sounds familiar, it should. During the last redistricting cycle in 2010, Republicans similarly maximized their political control with districts that courts repeatedly found were drawn with intent to racially discriminate. Those legal battles lasted through almost the entire decade. Now, more examples of brazen racial gerrymandering have cropped up in the new maps, just as they did 10 years prior. Take State Senate District 10 in Tarrant County. In 2018, a coalition of Black, Hispanic, and white voters flipped the seat by electing Democrat Beverly Powell. She may not have the seat for long; the new map transforms the 10th district into a conservative stronghold that dilutes Black and Hispanic votes by way of Republican voters in several nearby rural counties.
In the Texas House map, the GOP-held 54th district in Bell County had become increasingly competitive as the Black and Hispanic population grew in Killeen, which overwhelmingly voted for Biden in 2020. To protect that seat, Republicans made the 54th into a Bell County donut that completely encircled another Republican district. Each district got a piece of the county’s two Democratic-voting cities, Killeen and Temple.
Districts like the 22nd in Fort Bend County and the 24th in the Dallas-Fort Worth suburbs had finally become political battlegrounds in the last election cycle as multi-racial coalitions banded together. “That was like a glimpse of the future of American politics. Very coalitional, very multi-racial,” says Michael Li, a redistricting lawyer with the Brennan Center for Justice. But Republicans chose to dismantle those seats, packing diversifying areas into new deep-blue Democratic districts or cracking them off into Republican-held seats made whiter and redder by extending out into far-flung rural counties.
“Republicans are really scared of the suburbs because they’re becoming more diverse and because white voters in the suburbs aren’t as reliable for Republicans anymore and they’re not sure they’re getting it back anytime soon,” Li says.

Yellow Cactus, Georgia O’Keefe, 1929
So, hello from the Post Roe v. Wade reality. This is from NPR. “The Supreme Court keeps Texas abortion law in place, but agrees to review it.” Mitchell has obviously been the fluffer for this. Notice he didn’t need to fluff Kavanaugh and Gorsuch.
The U.S. Supreme Court on Friday agreed to review a controversial Texas abortion law on Nov. 1 but refused to block the law while it examines Texas’ unusual enforcement scheme and whether the Department of Justice has the right to sue to block the law.
The court will not directly consider the constitutionality of the law. Instead, in its order, the court said it would consider the following questions:
- whether “the state can insulate from federal-court review a law that prohibits the exercise of a constitutional right by delegating to the general public the authority to enforce that prohibition through civil action”;
- and can “the United States bring suit in federal court and obtain injunctive or declaratory relief against the State, state court judges, state court clerks, other state officials, or all private parties to prohibit S.B. 8 from being enforced.”
Justice Sonia Sotomayor dissented with keeping the law in place.
“The promise of future adjudication offers cold comfort, however, for Texas women seeking abortion care, who are entitled to relief now,” she wrote. “These women will suffer personal harm from delaying their medical care, and as their pregnancies progress, they may even be unable to obtain abortion care altogether.”
She added:
“There are women in Texas who became pregnant on or around the day that S. B. 8 took effect. As I write these words, some of those women do not know they are pregnant. When they find out, should they wish to exercise their constitutional right to seek abortion care, they will be unable to do so anywhere in their home State. Those with sufficient resources may spend thousands of dollars and multiple days anxiously seeking care from out-of-state providers so overwhelmed with Texas patients that they cannot adequately serve their own communities. Those without the ability to make this journey, whether due to lack of money or childcare or employment flexibility or the myriad other constraints that shape people’s day-to-day lives, may be forced to carry to term against their wishes or resort to dangerous methods of self-help.”
We may all have to become flowers that bloom in a democracy desert quite soon. I’m glad BB covered the Republican cover-up of the insurrection yesterday so I can just forget it a bit here. We’re going to have to organize and show up again. Get ready. This will be a wild News Day.
What’s on your reading and blogging list today?
Monday Reads: His Watch is Over
Posted: October 18, 2021 Filed under: Afternoon Reads, Republican politics 16 Comments
THE MUSE
La Muse
1935, Pablo Picasso
Good Day Sky Dancers!
I continue to spend my life on the phone or near my roof with adjustors of all flavors. It’s extremely exhausting but my Insurance adjustor is a peach and he’s getting a mitigation company to investigate my attic where wind-driven rain got to a piece of fascia and then into the attic over my hall and bathroom. Luckily, it’s the new addition so the ceilings aren’t as tall as the old part of the house. They’re going to get an estimate from a mitigation company on what needs to be done in the attic and the ceilings. My 3-year old roof held up though which is why I didn’t get any more catastrophic damage.
Today we learned that Colin Powell has passed. He was fighting cancer and Covid-19 complications ended his life. Powell was a complex figure. He was the first black Secretary of State as a Republican under Dubya where some of his most controversial decisions included receiving faulty information that led us into the endless war in Afghanistan and the invasion of Iraq. He left the Republicans in the dust and became involved with the Obama campaign. He gave up on the Republican party as many moderate to center Republicans have.
Powell was a Vietnam Vet. The one lost bit of his service often overlooks his role in the My Lai Massacre. I’ll put a brief reference to that here. This is from The Nation and David Corn. It was published in May 2001. “Colin Powell’s Vietnam Fog. The war was years ago, but that does not excuse misrepresenting one’s participation in it.”
The hell of Vietnam—an unpopular war that involved hard-to-discern guerrilla combatants, brutal depopulation strategies, indiscriminate bombing and much “collateral damage,” as military bureaucrats called civilian kills—offers its distinct challenges to memory, the individual memories of many who served there and the collective memory of the nation that sent them and sponsored a dirty war of free-fire zones and destroy-the-village-to-save-the-village tactics. In reviewing Colin Powell’s military service recently, I found that Powell had his own trouble in setting the record straight on his involvement—tangential as it was—in one of the war’s more traumatic episodes.
As Powell notes in his 1995 autobiography, My American Journal, in 1969 he was an Army major, the deputy operations officer of the Americal Division, stationed at division headquarters in Chu Lai. He says that in March of that year, an investigator from the inspector general’s office of Military Assistance Command Vietnam (MACV) paid a call. In a “Joe Friday monotone,” the investigator shot questions at Powell about Powell’s position at the division and the division’s operational journals, of which Powell was the custodian. The inspector then asked Powell to produce the journals for March 1968. Powell started to explain that he had not been with the division at that time. “Just get the journal,” the IG man snapped, “and go through that month’s entries. Let me know if you find an unusual number of enemy killed on any day.”
Powell flipped through the records and came upon an entry from March 16, 1968. The journal noted that a unit of the division had reported a body count of 128 enemy dead on the Batangan Peninsula. “In this grinding, grim, but usually unspectacular warfare,” Powell writes, “that was a high number.” The investigator requested that Powell read the number into the tape recorder he had brought, and that was essentially the end of the interview. “He left,” Powell recalls, “leaving me as mystified as to his purpose as when he arrived.”
It would not be until two years later (according to the original version of Powell’s book) or six months later (according to the paperback version of the book) that Powell figured out that the IG official had been probing what was then a secret, the My Lai massacre. Not until the fall of 1969 did the world learned that on March 16, 1968, troops from the Americal Division, under the command of Lieut. William Calley, killed scores of men, women and children in that hamlet. “Subsequent investigation revealed that Calley and his men killed 347 people,” Powell writes. “The 128 enemy ‘kills’ I had found in the journal formed part of the total.”
Though he does not say so expressly, Powell leaves the impression that the IG investigation, using information provided by Powell, uncovered the massacre, for which Calley was later court-martialed. That is not accurate.
The transcript of the tape-recorded interview between the IG man—Lieut. Col. William Sheehan—and Powell tells a different story. During that session—which actually happened on May 23, 1969—the IG investigator did request that Powell take out the division’s operations journals covering the first three weeks of March. (The IG inquiry had been triggered by letters written to the Pentagon, the White House and twenty-four members of Congress by Ron Ridenhour, a former serviceman who had learned about the mass murders.) Sheehan examined the records. Then he asked Powell to say for the record what activity had transpired in “grid square BS 7178” in this period. “The most significant of these occurred on 16, March, 1968,” Powell replied, “beginning at 0740 when C Company, 1st of the 20th, then under Task Force Barker, and the 11th Infantry Brigade, conducted a combat assault into a hot LZ [landing zone].” He noted that C Company, after arriving in the landing zone, killed one Vietcong. About fifteen minutes later, the same company, backed up by helicopter gunships, killed three VC. In the following hour, the gunships killed three more VC, while C Company “located documents and equipment” and killed fourteen Vietcong. “There is no indication of the nature of the action which caused these fourteen VC KIA,” Powell said. Later that morning, C Company, according to the journal, captured a shortwave radio and detained twenty-three VC suspects for questioning, while two other companies that were also part of Task Force Barker were active in the same area without registering any enemy kills.
He’ll always be best remembered for that ill-begotten speech at the UN. This is from CNN: “Colin Powell, first Black US secretary of state, dies of Covid-19 complications amid cancer battle.”
In February 2003, Powell delivered a speech before the United Nations in which he presented evidence that the US intelligence community said proved Iraq had misled inspectors and hid weapons of mass destruction.
“There can be no doubt,” Powell warned, “that Saddam Hussein has biological weapons and the capability to rapidly produce more, many more.”Inspectors, however, later found no such weaponry in Iraq, and two years after Powell’s UN speech, a government report said the intelligence community was “dead wrong” in its assessments of Iraq’s weapons of mass destruction capabilities before the US invasion.
But the damage was already done — to both Iraq, which the US went to war with just six weeks after Powell’s speech, and to the reputation of the once highly popular statesman, who was reportedly told by Cheney before the UN speech: “You’ve got high poll ratings; you can afford to lose a few points.”
Powell, who left the State Department in early 2005 after submitting his resignation to Bush the previous year, later called his UN speech a “blot” that will forever be on his record.
“I regret it now because the information was wrong — of course I do,” he told CNN’s Larry King in 2010. “But I will always be seen as the one who made the case before the international community.”
“I swayed public opinion, there’s no question about it,” he added, referring to how influential his speech was on public support for the invasion.
In his 2012 memoir, “It Worked for Me,” Powell again acknowledged the speech, writing that his account of it in the book would likely be the last he publicly made.
I am mad mostly at myself for not having smelled the problem. My instincts failed me,” he wrote, referring to the report he used that contained faulty evidence of supposed Iraqi WMDs. “It was by no means my first, but it was one of my most momentous failures, the one with the widest-ranging impact.”
“The event will earn a prominent paragraph in my obituary,” Powell wrote.

Gustav Klimt, Emilie Flöge (1902).
I liked Powell. It’s hard to be first of anything especially when you’re a woman or minority. I think both President Obama and Secretary Powell had to shoulder “the first black man to” and did so with a lot of caution. That’s a tough balancing act. He finally followed his own gut when he came out strongly for Obama. The one thing to admire about him was he was never one to avoid responsibility or apologies for leadership decisions that went awry
I’m having trouble figuring out one of my Senators who keeps showing a bit of unexpected independence from his Republican masters. This is from Axios: “GOP senator calls for senility test for aging leaders.” Both of my senators started out as liberal democrats. Maybe he’s getting a bit of his conscience back.
Sen. Bill Cassidy (R-La.), a physician, told me during an “Axios on HBO” interview that he favors cognition tests for aging leaders of all three branches of government.
Why it matters: Wisdom comes with age. But science also shows that we lose something. And much of the world is now run by old people — including President Biden, 78 … Speaker Pelosi, 81 … Senate Majority Leader Chuck Schumer, 70 … and Senate Minority Leader Mitch McConnell, 79.
Cassidy, a gastroenterologist, told me during our wide-ranging interview in Chalmette, La., that in your 80s, you begin a “rapid decline.”
- Noting he wasn’t talking about specific people, Cassidy said: “It’s usually noticeable. So anybody in a position of responsibility who may potentially be on that slope, that is of concern. And I’m saying this as a doctor.”
- “I’m told that there have been senators in the past who, at the end of their Senate terms were senile,” Cassidy added. “I’m told that was true of senators of both parties.”
Cassidy said it’d be reasonable for Supreme Court justices, members of Congress, and executive branch leaders to submit to an annual evaluation in which they would have to establish cognitive sharpness.
- “We each have a sacred responsibility to the people of the United States,” Cassidy said. “It is not about me. It is about my ability to serve the people.”
- Asked if he’d favor such a test for those leaders, Cassidy said: “Of course.”
🎬Watch a clip: A rare GOP smack to Trump … Cassidy says Donald Trump might lose the GOP nomination if he runs in 2024 — noting that Trump lost “the House, the Senate and the presidency in four years. Elections are about winning.”

Mickalene Thomas, Dim All The Lights (2009).
Senator Cassidy has gone rogue on several of the most Trumpy of Trumpist votes. This includes his vote for impeachment this year. This is from earlier this year and WaPo.
Sen. Bill Cassidy has been signaling for a few months that he wants to be a more independent force. After the November elections, in which the Louisiana Republican easily won a second term, Cassidy joined a bipartisan group that broke a negotiating logjam and paved the way for a $900 billion pandemic relief bill.
And on Jan. 6, as rioters supporting President Donald Trump were still being ejected from the Capitol, Cassidy condemned the attack in strong terms and demanded that Trump order the mob to stand down. “He needs to speak, because the president can speak as no one else can to these folks,” Cassidy told a Louisiana TV station that day.
But few expected Cassidy’s next bold, independent step — breaking GOP ranks and voting to declare that Trump’s second impeachment trial is constitutional and should proceed — particularly after he initially voted to essentially dismiss the case.
Don’t call him a RINO or a moderate he says. Perhaps he’s angling to just be the Republican Joe Manchin. It’s possible he sees himself as a non-partisan deal maker.
Why is doing things in moderation or being moderate a thought police crime these days? So, I had an overly exciting night yesterday having swallowed a part of a bay leaf that literally took my breath away and left me unable to speak. I finally used the old trick of a finger down the throat to get it out. Not an experience I’d want to share with anyone. I’m a bit out of sorts today. I also got my Pfizer booster on Friday plus all the adjustor stuff on Saturday. I’m going to call it a blog post and leave the chatting to you!
What’s on reading and list today?
Friday Reads: We need a Democracy Booster
Posted: October 15, 2021 Filed under: Afternoon Reads, Civil Liberties, Civil Rights, Congress, Domestic terrorism 8 Comments
Frida Kahlo, Niña tehuacana, Lucha María (Sol y luna) ( Girl from Tehuacán, Lucha María [ Sun and Moon ]), 1942. © 2019 Banco de México Diego Rivera Frida Kahlo Museums Trust, Mexico, D.F. / Artists Rights Society (ARS), New York. Courtesy of Di Donna Galleries.
Just got back from a very long wait for my Covid-19 Pfizer booster. I’d plan to get a flu shot too but they’d been out for over a week at my closest Walgreen’s. So, I’m way late and needed a reminder from BB. There are a lot of stories out there with one basic theme. Donald Trump and the throwback Republican Party are actively trying to dismantle our democratic republic.
Chauncey DeVega writes this for Salon: “Steve Bannon’s second act: He’s back, and he wants to bring down the curtain on democracy. Maybe you thought “Trump’s brain” was off the political stage forever. But he’s back — and now he smells revenge”
Bannon has been in the news this week: He may be charged with criminal contempt by the House committee investigating the Jan. 6 Capitol assault, and he hosted an event in Virginia on Wednesday night where attendees reportedly recited the Pledge of Allegiance before a flag used in that insurrection.
It does indeed seem likely that Bannon appears to have played a key role in the events of Jan. 6 and perhaps also in Trump’s overarching coup attempt. On a recent episode of his podcast, Bannon admitted to telling Trump, prior to that date, “You need to kill this [Biden] administration in its crib.”
Bannon has also made repeated use of the technique known as stochastic terrorism to encourage right-wing violence, while disclaiming personal responsibility. As HuffPost reports, he recently told his listeners of his “War Room” podcast: “We need to get ready now. We control the country. We’ve got to start acting like it. And one way we’re going to act like it, we’re not going to have 4,000 [shock troops] ready to go, we’re going to have 20,000 ready to go.”
Bannon has said these “shock troops” would be used to destroy the federal government from within in a second Trump administration, as a way of tearing down what he calls “the administrative state,” an anti-government euphemism that also includes multiracial democracy.
Political scientists, historians and others have shown that such rhetoric is used by Republicans and their allies (and by too many “moderate” or corporate-sponsored Democrats) to justify attacks on the very idea of government itself, in large part because they perceive it as serving the interests of Black and brown people and others deemed to be “undeserving.”
Bannon’s use of violent language about “shock troops” — in a military context, this means heavily armed, fast-moving elite soldiers used to break through enemy defenses — is not necessarily hyperbole or metaphor. Rather, it should be seen as part of a larger embrace of political violence and other terrorism by the Republican fascist movement.

Alice Rahon : Gato Nocturno : Night Cat, 1942
BB wrote a lot about Bannon’s refusal to submit to a congressional subpoena and a possible criminal complaint will be voted on in the full House of Representatives shortly. This is from Molly Jung-fast writing for The Atlantic: Democrats Are Ready to Send Steve Bannon to Jail. If Democrats want answers, they’ll need to enforce their subpoenas in the face of Trump allies’ defiance. They say that’s just what they plan to do.”
Democrats want to uphold norms of interparty civility while also preventing Trump and his buddies from completely undermining democracy. But time is running out. The January 6 committee is one of Congress’s last chances to narrate the Capitol riots and the Trump administration’s efforts to subvert the peaceful transfer of power. The only way to fight fascism is with narrative, Masha Gessen, the writer and activist, once told me. The select-committee probe presents a real opportunity to do just that.
Enforcing the committee’s subpoenas isn’t a controversial idea, Representative Eric Swalwell of California told me. “We must enforce congressional subpoenas not just for holding insurrectionists accountable but to show everyone in America that we all follow the same rules,” he said. “If Bannon and company are above the law, why wouldn’t nonpublic figures toss their lawful subpoenas in the trash?”
Perhaps Bannon thinks that the committee won’t follow through, or that jail time might martyr him. He’s dodged consequences for alleged misconduct before. Last year, he faced prison for his role in the “We Build the Wall” scheme, which prosecutors said was fraudulent, but Trump granted him an 11th-hour pardon. At least he’s had some time to think about what he might have to pack.
https://twitter.com/MollyJongFast/status/1448985844744953860
Susan Glasser calls the Trump Presidency an “active crime scene”.
A book from the former White House chief of staff Mark Meadows, “The Chief’s Chief,” is due out in December; Trump promoted it the other day as “an incredible Christmas present” that will explain how his Administration “did things that no other administration even thought they could do.”
Trump, of course, meant this as a bragging point, not as an ironic commentary on all the norm-busting and lawbreaking that occurred during his four years in office. “Remember,” he said in the statement, “there has never been an administration like ours.” In that, he’s right. The rapidly accumulating pile of books on the history of the Trump Administration is different in a crucial respect: they are not helping to explain the past so much as they are attempting to explain a present and very much ongoing crisis. Meadows, for example, is a crucial witness in the investigation by the House select committee into the events of January 6th. The panel subpoenaed him and several other Trump advisers to give testimony and hand over documents, with a deadline of Thursday. Not one has done so, setting the stage for a new and potentially protracted series of court battles. The panel announced on Thursday that it will seek to hold Steve Bannon, Trump’s fired White House strategist (the two later reconciled), in criminal contempt; it said that it is still negotiating with Meadows and the former Pentagon official Kash Patel. How many months or years will we have to wait to find out what they and others knew, and did, as a pro-Trump mob tried to stop Congress from certifying Trump’s defeat?
The bottom line is that the story of the Trump Presidency still has important unanswered questions that the forthcoming pile of books cannot answer. And they have an urgency about them that unanswered questions about past Administrations usually don’t, given the ongoing threat to our democracy: Trump is not only preparing to run again but is determined to mold the G.O.P. into a single-issue Party, the ideology of which consists solely of disputing the legitimacy of the election that turned him out of office. The Trump Presidency is not yet, alas, simply a matter for booksellers and book writers; it’s an active crime scene.

Hayv Kahraman, T25 and T26, 2017. © Hayv Kahraman. Courtesy of the artist, Jack Shainman Gallery, and White Cube.
Republican states are happily destroying the civil rights of women and minorities expecting no retribution when their actions get to the supreme court. This headline out of Oklahoma is beyond disturbing. It’s a horrific injustice and downright mean-spirited. “Native American Woman In Oklahoma Convicted Of Manslaughter Over Miscarriage. Brittney Poolaw faces four years in prison for a miscarriage she suffered less than halfway through her pregnancy.” The headline comes via Oxygen.
Prosecutors in Oklahoma successfully argued to a jury this month that a woman who had a miscarriage was guilty of the manslaughter of her non-viable fetus.
Brittney Poolaw, 21, was convicted of second-degree manslaughter by a Comanche County jury on Oct. 5 for the death of her fetus that had a gestational age of 15 to 17 weeks, reported ABC affiliate KSWO in Lawton, Oklahoma. She was charged with in the case on Mar. 16, 2020 after a miscarriage that occurred on Jan. 4, 2020.
Obstetricians determine gestational ages based on the date of the woman’s last period prior to getting pregnant — i.e., before the date of conception. The U.S. Supreme Court determined with Roe v. Wade in 1973 that legal viability is after the 28th gestational week, when fetal survival is generally above 90 percent, but medical viability is pegged at 25-26 weeks, when the fetus has more than a 50 percent chance of surviving outside the womb, according to the American College of Obstetrics and Gynecology. The Centers for Disease Control and Prevention only defines a fetus as “stillborn” if it is delivered after 20 weeks gestational age; before that, it’s medically considered a miscarriage.
The Lawton Constitution reported last year that, according to police, the then-19 year-old Poolaw miscarried at home in early 2020 and was brought to the Comanche County Memorial Hospital with the umbilical cord still attached to the fetus. She told the medical staff that she had used both methamphetamines and marijuana while she’d been pregnant.
Later, in interviews with police, Poolaw allegedly confirmed that she’d smoked marijuana but used methamphetamines intravenously, including as recently as two days prior to her miscarriage. She also allegedly told them, according to the Lawton paper, “that when she first became pregnant, she didn’t know if she wanted to keep the baby or not.”
It is unclear from those reports whether she had actively decided to continue the pregnancy, given that she had been 15 to 17 weeks along, simply hadn’t made a decision or had few other options but to continue it. The nonprofit Guttmacher Institute notes that 53 percent of women in Oklahoma live in the 96 percent of counties with no facilities that offer abortion services — Comanche County among them — and the state requires a woman go to a provider twice, 72 hours apart, in order to obtain an abortion. Abortion is, by law, not covered by most private insurance plans in the state without an extra rider, and it isn’t covered by Medicaid except in extremely limited circumstances.
(In April 2021, Oklahoma’s governor signed three bills that will effectively eliminate all abortion access in the state — including a ban on any abortions after six weeks gestational age. The new laws are scheduled to take effect in November. They would not, however, have applied in Poolaw’s case.)
Technically speaking, Oklahoma state law did not criminalize women for miscarriages, stillbirths or other fetal harm for which prosecutors felt the woman was at fault until September 2020, when the state Supreme Court ruled that, despite the state’s child neglect and homicide laws making no reference to fetuses, the laws nonetheless encompassed a viable fetus whose mother used drugs.

Dorothea Tanning, Fatala, 1947. © Dorothea Tanning Foundation. Image courtesy of Gallery Wendi Norris, San Francisco.
The Washington Post reports that the “Justice Department will ask Supreme Court to block Texas abortion law while legal fights play out .”
The Department of Justice said Friday that it will ask the Supreme Court for an emergency halt to the Texas law that has restricted access to abortion in the nation’s second largest state to an extent not seen in 50 years.
The announcement followed a decision by a federal appeals court Thursday night that allowed the law to remain in effect. A lower court judge last week said the law was unconstitutional.
The department’s announcement meant the high court for the second time will be asked to put the law on hold while legal challenges to it continue. In a divisive 5 to 4 decision last month, the court allowed the law to take effect as the case goes forward, even though the majority said it raised constitutional concerns.
Abortion has emerged as the most dominant issue at the Supreme Court this term, as those opposed to it see a new opportunity for victory in the court’s changed membership, with three members nominated by President Donald Trump.
The court on Dec. 1 will hear a challenge to a Mississippi law that conservatives have urged the court to use to overturn the constitutional right to abortion established nearly a half-century ago in Roe v. Wade.
Mississippi’s law would ban most abortions after 15 weeks. Roe and subsequent decisions say a state may not impose undue burdens on the right to choose abortion before fetal viability, normally gauged to be between 22 and 24 weeks. The Mississippi law was put on hold by lower courts.
Texas’s law is more restrictive than that. It bars abortion as early as six weeks into the pregnancy, when many do not realize they are pregnant, and makes no exceptions for rape or incest.
And lastly, in the category of they walk among us:
All this has made me quite distrustful of a whole lot of White Americans.
A U.S. Capitol Police officer has been indicted on obstruction of justice charges after prosecutors say he helped to hide evidence of a rioter’s involvement in the Jan. 6 insurrection.
The officer, Michael A. Riley, is accused of tipping off someone who participated in the riot by telling them to remove posts from Facebook that had showed the person inside the Capitol during the Jan. 6 attack, according to court documents.
Riley, 50, appeared virtually in federal court in Washington and was released with several conditions, including that he surrender any firearms and not travel outside the U.S. without permission from a judge. He was ordered to return to court later this month.
Riley, who responded to a report of a pipe bomb on Jan. 6 and has been a Capitol Police officer for about 25 years, had sent the person a message telling them that he was an officer with the police force who “agrees with your political stance,” an indictment against him says.
The indictment spells out how Riley sent dozens of messages to the unidentified person, encouraging them to remove incriminating photos and videos and telling them how the FBI was investigating to identify rioters.
I hope you have a good weekend. I seem to have no soreness or anything on my arm. I’m hoping this holds. Meanwhile, Blow up your TV, Throw away your paper …
What’s on your reading and blogging list today?












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