Labor Day Reads

Good Afternoon!!

There is so much horrible stuff happening in the world that you’d think the New York Times wouldn’t bother with their usual gossip pieces, but you’d be wrong. Yesterday Katie Rogers published this gross pile of garbage in the paper of record, and fellow gossip columnist Peter Baker pushed it on Twitter:

In the hours before Lance Cpl. Jared Schmitz, 20, was killed by a terrorist’s bomb in Afghanistan, he posed for a photograph taken by a bunkmate. In the image, the Marine’s brow was furrowed. He flashed a peace sign.

“This is Jared Schmitz,” his father, Mark Schmitz, said he told President Biden days later at Dover Air Force Base, where the two men had traveled to observe the dignified transfer of the remains of 13 U.S. Marines killed last week in the attack in Kabul. “Don’t forget his name.”

But Mr. Schmitz was confused by what happened next: The president turned the conversation to his oldest son, Beau, who died of brain cancer in 2015. Referring to him has become a reliable constant of Mr. Biden’s presidency. In speeches, Oval Office discussions and personal asides, Mr. Biden tends to find a common thread back to his son, no matter the topic. But for Mr. Schmitz, another father consumed by his grief, it was “too much” to bear.

“I respect anybody that lost somebody,” Mr. Schmitz added in an interview, “but it wasn’t an appropriate time.”

The Biden administration, seeking to avoid a public rift with Gold Star families, has not pushed back on criticism from Mr. Schmitz and other families who have said the president brought up his own son too often and acted distant during the ceremony at Dover. But the moment crystallized just how much Mr. Biden is still haunted by the memory of a son he had always described to confidants as “me, but without all the downsides,” and how his anguish over that loss can clash with the political realities of being president.

Mr. Biden’s reputation is staked, in part, around his ability to withstand soul-shattering tragedies. His first wife, Neilia, and his infant daughter, Naomi, were killed in a car accident in 1972. But it was Beau’s death that left the people in Mr. Biden’s life wondering if he would ever recover, let alone wage a third bid for the presidency. His son, they say, is a major reason he decided to stay in public life.

You probably won’t be surprised to learn that Schmitz is a Trump supporter. I probably don’t need to remind you that Trump attacked gold star families and said that troops who died in battle are losers and suckers.

It’s the new “but her emails.” They’ve decided that Biden is grieving wrong. He has lost a wife and two children, but he shouldn’t share his experiences with grief and loss with others who lost a loved one. He should just STFU. He’s too empathetic. He even has the nerve to discuss Beau’s death (which he believes was cause by exposure to chemicals in Iraq) with world leaders. Oh, and according to Baker, Biden’s invoking of his son’s tragic death is an “approach,” meaning a political strategy!

In his public meetings with world leaders, doctors, military officials and families, Mr. Biden often shares how his experience with his son’s deployment to Iraq or battle with brain cancer affected his family. Invoking Beau’s memory amid the violent collapse of Afghanistan, the result of the most politically volatile decision of his presidency to date, provided a rare moment for critics to pounce on a penchant for eulogizing his son.

“Mr. Biden is not a Gold Star father and should stop playing one on TV,” William McGurn, a speechwriter for President George W. Bush, wrote in an op-ed in The Wall Street Journal. Mr. Biden has never claimed that his son died in combat, but he has often spoken of his son’s overseas deployment and the toll it took on his family. Mr. Biden’s supporters say that military families are entitled to their grief, but that the president is also entitled to his.

“The families who are grieving, they are free to feel however they feel,” Fred Guttenberg, whose 14-year-old daughter, Jaime, was killed in a mass shooting in 2018 at Marjory Stoneman Douglas High School in Parkland, Fla., and who has received periodic calls from Mr. Biden, said in an interview. “But to anyone else who may have been critiquing: The president’s children, those living and those not, they formed who the president is.”

How shocking that a Bush speechwriter has a problem with Biden and a supporter like Guttenberg doesn’t. Baker’s tweet ended up with an incredible ratio of angry replies to retweets: 9.8K replies to 2K retweets and 1.6K likes.

Here’s a sampling of some of the replies:

I was so angry about this yesterday, that I just had to share.

Now that I’ve gotten that out of my system, here are a few more more reads with brief excerpts:

A think piece on the anniversary of 9/11 by Will Bunch at The Philadelphia Inquirer:

From the article:

“It was 8:46 a.m.,” I wrote as night fell on 9/11, “and America would never be the same again.”

Looking back two decades later, I can’t decide which is weirder — that I wrote this in the darkness of that confusing day, or that somehow I got it right. America was changed forever and — despite those initial days where we hoped the sadness and the rubble would give rise to national unity and a sense of purpose that had felt missing in the detached irony and greed of the go-go 1990s — for the most part it has changed for the worse. Those drivers going every which way at cross purposes on Vine Street weren’t just a traffic jam, but a metaphor for the road ahead.

Any national unity dissolved rapidly into fear and paranoia, which a cynical new government in Washington preferred to exploit rather than tamp down — the better to plant our flag in oil-rich lands abroad and silence any dissent here at home. Those bad tidings — and the conspiratorial mindset we embraced in the wake of 9/11 — would be turned against nations that had nothing to do with the attacks, against immigrants in general, against legitimate protest, and finally, inevitably, against one another. The era that started with the Islamic radicals who hijacked Flight 93 failing to reach the U.S. Capitol dome ended with American fanatics breaching its rotunda. The late Osama bin Laden could not have drafted a better script for his evil ambitions.

And let’s be clear: The ultimate blame for 9/11 rests squarely with those who planned and executed an attack that killed 2,977 innocent people in the name of religious fanaticism and a Middle Eastern power trip — bin Laden and his associates in al-Qaeda. It’s impossible to write about that day without either a full-throated condemnation of the banal evil behind September 11 and also our heartbroken memories of the decent everyday people — firefighters and executive assistants and cops and stockbrokers — who lost their lives because of that immorality.

In responding to their deaths, some positive things occurred — including the killing of bin Laden and the minimizing of at least the old, original al-Qaeda. Despite the inevitable carping from air travelers, an airport-security regime that’s successfully prevented any hijackings for these two decades has been quite an achievement. It’s also a reminder that America could have spent the last 20 years only doing what was necessary — shoring up our anti-terrorism regime on U.S. soil, and right-sizing our role in the world. Instead, our hubris — which was actually masking our inner fears — that America must respond to any threat to our daydreams of exceptionalism with massive force caused us to double down on military imperialism with tragic consequences, in a tortured odyssey that led us full circle to last month’s chaotic scenes at the Kabul airport.

Read the rest at the link above.

From the article:

More than 7 million out-of-work people across the United States are set to lose all of their jobless benefits this week as three federal programs expire on Monday, in what several experts described as one of the largest and most abrupt ends to government aid in U.S. history.

In addition to the more than 7 million people who will lose all their benefits, nearly 3 million more people will lose a $300 weekly boost to their state unemployment benefits.

The cessation of this jobless aid, first put in place by Congress nearly 18 months ago, could upend the lives of millions of Americans still struggling to find work at a time when the pandemic’s delta variant is wreaking fresh havoc across a number of states. It could also lead to a sharp pullback in spending, particularly in certain areas of the country, impacting a wide range of restaurants and other businesses that rely on consumer dollars.

“I don’t understand how anyone in Washington cannot know normal people, their friends, families, cousins who are going through this,” said Kathleen Fox, a producer in New York whose past work has been recognized with a prestigious Peabody Award but who has struggled to find work after the pandemic upended her industry. “The [Biden] administration has lost interest in this cause and they’ve moved on to other things.”

The White House has wrestled with how to deal with these expiring benefits, an internal debate that exposes the fraught political and economic consequences of inaction. President Biden said in June that it “makes sense” for one of the programs, which boosted unemployment checks by $300 each week, to lapse in September, but senior aides have also called on states to reallocate other money in a way that would continue offering some support. No states appear inclined to take action, though, leading to this week’s sudden cutoff.

Meanwhile, the pandemic continues to rage.

From the article:

Once again, politicians and judges are limiting abortion without any understanding of what pregnancy can, and often does, ask of the human body. To conservative legislators in Texas, a new law banning abortion after about six weeks of gestation is a ploy to subvert Roe v. Wade. But to doctors like me, the measure reveals how thoughtless its designers are and how willing they are to let pregnant patients suffer and die.

I’m an obstetrician who specializes in high-risk cases. Last month, I saw a woman whose water broke 19 weeks into a long-desired pregnancy. This patient, who had conceived after a previous miscarriage, was eager to have a child. When she came to the hospital, my colleagues and I told her the truth: Without an intact amniotic sac, she and her fetus were extraordinarily vulnerable to bacteria from the outside world. She might stay pregnant for the time being. But her chances of getting to 23 weeks—the point at which a baby might be able to survive outside her body, albeit with extensive, lifelong medical problems—were almost zero. While waiting to deliver, she faced a high probability of infection in her uterus, despite the antibiotics that we would give her. She was very likely to develop a serious infection, even sepsis, which could require a hysterectomy or, though unlikely, lead to death.

We told her that she could watch and wait, despite the risks. Medical standards also dictated that my patient be offered a termination of pregnancy right away, before she could become sick. We outlined ways to terminate her pregnancy: a procedure to evacuate her uterus in the operating room or an induction of labor with the understanding that the newborn would not survive.

This situation comes up at my hospital at least a few times a month, every month. Working with high-risk patients means I need to be able to discuss, recommend, and perform abortions somewhat regularly. This is not because I want to kill babies or end desired pregnancies. It is because, in many cases, I am walking patients and their families through a nightmare. Sometimes, abortion turns out to be the least terrible of all the progressively terrible options they face.

Read the rest at The Atlantic.

More stories to check out:

Raw Story: ‘Cruel on purpose’: Americans rage at Times writer who claims Biden grieves his family too much.

CNN: Communities across the US trudge through the long recovery process more than a week after Hurricane Ida’s landfall.

A book excerpt by Adam Tooze at The Atlantic: 2020 Was Almost Worse Than 2008. In a crisis like the one that hit the world in March 2020, only one thing will restore confidence: limitless cash. An excerpt from Shutdown: How Covid Shook the World’s Economy.

The New York Times: Covid Deaths Surge Across a Weary America as a Once-Hopeful Summer Ends.

Axios: Over 230 medical journals: Climate crisis is the “greatest” health threat.

Newsweek: Texas Gov. Greg Abbott’s Approval Plummets as 52 Percent Believe State Is on Wrong Track.

Minneapolis Star-Tribune: Minnesota State Patrol destroyed texts, e-mails after riot response. Loss of data becomes issue in ACLU suit over journalists’ treatment.

The New York Times: How the Texas Anti-Abortion Movement Helped Enact a Near-Complete Ban.

The Daily Beast: Texas Anti-Abortion Groups See ‘Ultimate Goal’ Approaching.

The Daily Beast: Threats & Leaks: New Documents Show Just How Crazy the Georgia Recount Fiasco Got.

Have a nice Labor Day, Sky Dancers!!


Friday Open Thread

Good Morning!!

I’m going to do a somewhat minimal post today. Three days in a row is a bit much for me.

Dakinikat is doing OK, but it looks like most of New Orleans is still waiting for power to be restored.

https://twitter.com/luisffierro/status/1433781673909444608?s=20

WDSU.com: LIST: Entergy released estimated restoration time for all of New Orleans area.

More power has been restored to the New Orleans area after Hurricane Ida caused widespread damage to the power grid.

As of Friday morning, Entergy restored power to more than 40,000 customers.

Entergy provided an update Thursday where officials said all damage assessments will be completed by Thursday night. So far, crews have identified 837 poles, 288 transformers, and 564 crossarms that need to be repaired, according to Entergy.

Entergy released the following information on restoration times:

“The estimated times of completed restoration come after an extensive damage assessment by thousands of workers, which has thus far revealed more than 14,000 damaged or destroyed poles, 2,223 damaged or destroyed transformers, and 155 destroyed transmission structures.

“The assessment continues in the most damaged areas, but in parallel, the restoration process is well underway. Thus, the preliminary estimates for restoration reflect completion dates, but service to many customers will be restored before these dates. Nearly 26,000 professionals from 40 states continue their around-the-clock efforts to restore power throughout the affected communities.

Hurricane Ida was quite a storm.

Even after devastating Louisiana and Mississippi, it was still raging enough to cause deadly floods in New Jersey and New York, and after that had enough strength left to dump several inches of rain in Massachusetts with a tornado on the Cape and flooding in lots of places. We got about 6 inches of rain where I am. I didn’t know this before, but one 1 inch of rain is equivalent of 13 inches of snow!

The New York Times: 43 Die as Deadliest Storm Since Sandy Devastates the Northeast.

The New York Times: Trapped in Basements and Cars, They Lost Their Lives in Savage Storm.

The Washington Post: Here’s what made the New York City flooding so devastating.

NBC 10 Boston: Ida Remnants Cause Tornado on Cape Cod, Bring Flooding, Power Outages to Mass.

The New York Times: Overlapping Disasters Expose Harsh Climate Reality: The U.S. Is Not Ready.

Parents whose children were murdered Newtown, CT years are ago are still being tortured.

This is horrific. Vice: Remington Subpoenas Report Cards of 5 Children Killed in Sandy Hook Shooting.

Gun company Remington has subpoenaed the report cards, attendance records, and disciplinary records of five kindergarten and first grade students murdered in the Sandy Hook Elementary School shooting, according to new court filings in a civil lawsuit filed against the company.

“In mid-July, the defense served a subpoena on the Newtown Public School District seeking: ‘Any and all educational records in your possession including but not limited to, application and admission paperwork, attendance records, transcripts, report cards, disciplinary records, correspondence and any and all other educational information and records pertaining to’ each of the five first-graders whose Estates are plaintiffs in this case,” according to the motion filed today that sought to protect the victims’ families from further subpoenas. “There is no conceivable way that these [records] will assist Remington in its defense, and the plaintiffs do not understand why Remington would invade the families’ privacy with such a request. Nonetheless, this personal and private information has been produced to Remington.”

In addition, Remington subpoenaed employment records of four teachers who were killed in the shooting, in which a total of 20 children and six adults died. Some of the parents of the Sandy Hook victims have been suing the weapons manufacturer since 2014, alleging that the gun manufacturer advertised its line of semi-automatic weapons to civilians. Remington previously responded to a discovery request for its internal company communications by producing more than 18,000 unsorted files containing memes, cartoons, and ice bucket challenge videos.

“We have no explanation for why Remington subpoenaed the Newtown Public School District to obtain the kindergarten and first grade academic, attendance and disciplinary records of these five school children,” Josh Koskoff, one of the lawyers representing the Sandy Hook parents, told Motherboard. “The records cannot possibly excuse Remington’s egregious marketing conduct, or be of any assistance in estimating the catastrophic damages in this case. The only relevant part of their attendance records is that they were at their desks on December 14, 2012.”

More stories and tweets:

Local 10.com: DeSantis considers implementing a Texas’ ‘fetal heartbeat’ abortion ban in Florida.

MIAMI – Gov. Ron DeSantis said on Thursday that he is going to consider following in the steps of Texas Gov. Greg Abbott to implement anti-abortion laws. Abbott’s new controversial law prohibits abortions when the fetal heartbeat can be detected.

During a news conference to address early COVID treatment, DeSantis said he is pro-life and welcomes anti-abortion legislation. He said Texas used a “private right of action,” a private-lawsuit enforcement mechanism.

“What they did in Texas is interesting and I haven’t really been able to look at enough about it … It’s a little bit different than how a lot of these debates have gone, so we will have to look. I am going to look more significantly at it,” DeSantis said.

Florida Senate President Wilton Simpson expects Republicans to introduce a similar bill for the next session. This would allow anti-abortion group members to file lawsuits against a medical provider that performs an abortion.

Imani Gandy at Rewire News Group: Groundbreaking South Carolina Bill: Compensate People for Forcing Them to Give Birth.

If South Carolina lawmakers are going to ban abortion after six weeks’ gestation and force every pregnant person to carry their pregnancy to term, the state should damn well pay for the costs associated with giving birth to and raising that child.

That’s the premise behind a bill called the South Carolina Pro Birth Accountability Act that state Sen. Mia McLeod pre-filed Wednesday, and boy howdy!—it is a barn burner.

The bill, SB 928, demands that anti-choice lawmakers in South Carolina who have proposed banning abortion at six weeks into pregnancy put their money where their mouth is: If lawmakers are going to force people to carry their pregnancies to term, and if they are going to deem the development of an unborn embryo as more important than the life and rights of pregnant people, then South Carolina should compensate them for acting as a gestational surrogate for the state of South Carolina.

The law points out that given the surrogacy market, a pregnant person’s uterus is not unlike a rental property: People who commission surrogates pay that surrogate to carry a fetus to term and to give birth to a child. So why should South Carolina be permitted to force its citizens to act as surrogates for the state without compensating them?

According to SB 928, South Carolina shouldn’t, and the legislation hammers this point home by making several key points:

  • That from a medical perspective, there is no dispute that a six-week-old embryo cannot exist outside of the womb;
  • That South Carolina has deemed the development of a six-week old embryo governmentally more important than the life and rights of pregnant people; and
  • That the six-week ban will force pregnant people who otherwise could have elected an abortion to act as a gestational surrogate for the state of South Carolina, which—and this is my favorite part—cannot itself physically conceive or carry a child.

And here’s the kicker: “just as South Carolina may not constitutionally use a citizen’s rental property without just compensation, it may not constitutionally require a woman to incubate a child without appropriate compensation.”

That’s about all I have energy for this morning. What stories are you following?


Thursday Reads: SCOTUS=American Taliban

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American Taliban

Good Day, Sky Dancers.

As far as I’m concerned, the most important story today is that the corrupt U.S. Supreme Court is signaling the approaching death of reproductive rights for American women. I was so angry that I couldn’t sleep last night, and I’m not thinking too clearly this morning. As I’m sure you know, the Court allowed the insane Texas abortion ban to take effect around midnight on Tuesday, without explanation or comment. Late Wednesday night, the court released the justices’ opinions. The New York Times summarized all of them: Supreme Court, Breaking Silence, Won’t Block Texas Abortion Law.

The vote was 5 to 4, with Chief Justice John G. Roberts Jr. joining the court’s three liberal members in dissent.

The majority opinion was unsigned and consisted of a single long paragraph. It said the abortion providers who had challenged the law in an emergency application to the court had not made their case in the face of “complex and novel” procedural questions. The majority stressed that it was not ruling on the constitutionality of the Texas law and did not mean to limit “procedurally proper challenges” to it.

But the ruling was certain to fuel the hopes of abortion opponents and fears of abortion rights advocates as the court takes up a separate case in its new term this fall to decide whether Roe v. Wade, the landmark 1973 decision establishing a constitutional right to the procedure, should be overruled. It also left Texas abortion providers turning away patients as they scrambled to comply with the law, which prohibits abortions after roughly six weeks.

The “conservatives” were too cowardly to explain their votes, but the other four justices filed dissenting opinions

“The court’s order is stunning,” Justice Sonia Sotomayor wrote in her dissent. “Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of justices have opted to bury their heads in the sand.”

“The court has rewarded the state’s effort to delay federal review of a plainly unconstitutional statute, enacted in disregard of the court’s precedents, through procedural entanglements of the state’s own creation,” Justice Sotomayor wrote. “The court should not be so content to ignore its constitutional obligations to protect not only the rights of women, but also the sanctity of its precedents and of the rule of law.”

Chief Justice Roberts wrote that he would have blocked the law while appeals moved forward.

54c8b036fb764f80403fcfd33e35bd8bec-texas-abortion-ban.rsquare.w1200“The statutory scheme before the court is not only unusual, but unprecedented,” he wrote. “The legislature has imposed a prohibition on abortions after roughly six weeks, and then essentially delegated enforcement of that prohibition to the populace at large. The desired consequence appears to be to insulate the state from responsibility for implementing and enforcing the regulatory regime.”

The chief justice underscored the tentative nature of the majority’s ruling. “Although the court denies the applicants’ request for emergency relief today,” he wrote, “the court’s order is emphatic in making clear that it cannot be understood as sustaining the constitutionality of the law at issue.”

Justice Elena Kagan criticized the court’s practice of deciding important issues in rushed decisions without full briefing or oral argument — on what Supreme Court specialists call its “shadow docket.”

“Today’s ruling illustrates just how far the court’s ‘shadow-docket’ decisions may depart from the usual principles of appellate process,” she wrote. “That ruling, as everyone must agree, is of great consequence.”

“Yet the majority has acted without any guidance from the court of appeals — which is right now considering the same issues,” she wrote. “It has reviewed only the most cursory party submissions, and then only hastily. And it barely bothers to explain its conclusion — that a challenge to an obviously unconstitutional abortion regulation backed by a wholly unprecedented enforcement scheme is unlikely to prevail.”

“In all these ways,” Justice Kagan wrote, “the majority’s decision is emblematic of too much of this court’s shadow-docket decision making — which every day becomes more unreasoned, inconsistent and impossible to defend.”

“Today’s ruling illustrates just how far the court’s ‘shadow-docket’ decisions may depart from the usual principles of appellate process,” she wrote. “That ruling, as everyone must agree, is of great consequence.”

“Yet the majority has acted without any guidance from the court of appeals — which is right now considering the same issues,” she wrote. “It has reviewed only the most cursory party submissions, and then only hastily. And it barely bothers to explain its conclusion — that a challenge to an obviously unconstitutional abortion regulation backed by a wholly unprecedented enforcement scheme is unlikely to prevail.”

“In all these ways,” Justice Kagan wrote, “the majority’s decision is emblematic of too much of this court’s shadow-docket decision making — which every day becomes more unreasoned, inconsistent and impossible to defend.”

d9d58583-0b79-4b7c-a049-b373e5393510-RBB_Texas_rally_for_life_65707Justices Breyer and Kagan joined Roberts’ dissent, and Breyer also wrote his own dissent. Zoe Tillman at Buzzfeed News: 

Breyer — who has spent the past year fending off calls from the left to step aside and let President Joe Biden appoint a successor while he has a Democratic majority in the Senate — wrote that it was true that the lawsuit raised difficult threshold questions about how this type of case could be handled by the courts. But he wrote that there had to be a way for courts to deal with an imminent violation of a party’s legal rights.

“There may be other not-very-new procedural bottles that can also adequately hold what is, in essence, very old and very important legal wine: The ability to ask the Judiciary to protect an individual from the invasion of a constitutional right — an invasion that threatens immediate and serious injury,” Breyer wrote.

Amber Phillips at The Washington Post: What to know about the Texas abortion law.

The law, which was passed in May and went into effect Wednesday, says that any pregnancy in which a heartbeat is detected cannot be aborted. That effectively means if you’re six weeks pregnant, you cannot have an abortion in the state of Texas, because that is around when most fetal cardiac activity can be detected. (Doctors opposed to this legislation say that is misleading language, and that the fluttering detected isn’t always necessarily a heartbeat so early in a pregnancy.)

The law makes no exceptions for rape, sexual abuse or incest.

The law does something else novel: It effectively incentivizes the public to police abortions. It allows people — anyone living in the state of Texas — to sue an abortion provider or anyone else they suspect is “aiding and abetting” abortions after that six-week mark. And the law sets a $10,000 award for any successful lawsuit to stop an abortion.

Taken together, those decisions allowed Texas lawmakers to essentially end abortions in their state, abortion rights activists say.

210831-MJF-texas-abortion-tase_jigpixOn the SCOTUS decision:

The court announced that a five-person conservative majority had decided to let the ban stand. The court’s most conservative justices, including the three President Donald Trump nominated, such as Amy Coney Barrett, decided to let the law stand. In a one-paragraph statement, these justices said there are “serious questions regarding the constitutionality of the Texas law,” but indicated that the way the law was set up, the court is unsure how to stop if from going into effect.

The three liberal justices, joined by Chief Justice John G. Roberts Jr., dissented. Roberts said he would stop the law from going into effect because it is so novel and far-reaching.

The justices didn’t say anything about whether the statute is constitutional. They just said it will stay in place while that question is litigated.

That was an unexpected move that could signal the court is ready to strike down Supreme Court precedent created nearly 50 years ago in Roe v. Wade that guarantees a woman access to abortion services in the first half of her pregnancy before the fetus would be viable outside the womb,said Lisa Soronen, executive director of the State and Local Legal Center, which supports municipalities in cases before the Supreme Court.

“The justices know that this Texas law violates Roe v. Wade. They all know that,” she said. To keep the law in place, “that still doesn’t overturn Roe v. Wade, it just makes a really big statement about what they think of it.”

Phillips notes that other Republican-controlled states are likely to quickly pass similar laws effectively banning abortion. Read about it at the WaPo link.

Joan Biscupic at CNN: In the shadows: Why the Supreme Court’s lack of transparency may cost it in the long run.

Supreme Court justices tout judicial integrity and the importance of public confidence in their decisions, but the court’s midnight silence Tuesday while letting a Texas law that curtails abortion rights take effect — followed by a midnight order Wednesday — offers the latest and most compelling example of its lack of transparency and the cost.

The justices’ secretive patterns have gained new attention as confidence in all government institutions has waned. Witnesses before a bipartisan commission set up by President Joe Biden to consider court revisions — most visibly, the options of term limits and the addition of more seats — have targeted the justices’ secrecy and how it contributes to public distrust of the high court, along with the lopsided advantage the court gives to some litigants.

Such lack of transparency is only part of the context behind the Supreme Court’s silence in the closely watched Texas case. The emboldened conservative majority already is poised to reverse or at least undercut Roe v. Wade, the 1973 landmark ruling that declared women’s constitutional right to end a pregnancy. The court announced last spring that it would take up in the 2021-22 session a dispute over Mississippi’s ban on abortions after 15 weeks. The Texas law goes much further, making it illegal to terminate a pregnancy when a fetal heartbeat is detected, which may be typically around six weeks.

Both laws sharply conflict with Roe v. Wade, which forbade states from interfering with a woman’s abortion decision before the fetus would be viable, that is, able to live outside the womb, at about 22-24 weeks.

The justices have made plain their concerns regarding public mistrust and misunderstanding of the Supreme Court. Chief Justice John Roberts regularly declares that judges differ from elected lawmakers, and Justice Stephen Breyer protested in a speech at Harvard last spring that they should not be regarded as “junior-varsity politicians.” Breyer cited the court’s long-standing preservation of abortion rights as evidence of its nonpartisan, nonideological character.

Separately last spring, Justices Sonia Sotomayor and Neil Gorsuch emphasized in a joint appearance, advocating civics education, the deep reasoning that underlies their opinions. They criticized those who would look only for a bottom-line judgment.

Yet no judgment — or word of any sort — came late Tuesday night, with the clock ticking, anxiety rising among both sides in Texas and a national audience watching.

Read the rest at CNN.

More opinions:

Gail Collins at The New York Times: Texas Is Trying to Overturn Roe v. Wade All by Itself.

Mark Joseph Stern at Slate: The Supreme Court Overturned Roe v. Wade in the Most Cowardly Manner Imaginable.

Dana Millbank at The Washington Post: Opinion: Texas shows us what post-democracy America would look like.

Michelle Goldberg at The New York Times: Republicans Are Giving Abortion Opponents Power Over the Rest of Us.

Any man who expresses “concerns” about women in Afghanistan needs to explain why they aren’t concerned about women in Texas and ultimately the entire U.S. Or they need to STFU!

Hang in there Sky Dancers!!


Monday Reads

Mississippi River ahead of Hurricane Ida, Aug. 29, 2021

Mississippi River ahead of Hurricane Ida, Aug. 29, 2021

Good Morning!!

Yesterday, on the 16 anniversary of Katrina, Ida made landfall in Louisiana as a category 4 hurricane. Dakinikat weathered the storm, but all of New Orleans is now without power and 911 service. Last night, the storm moved west into Mississippi, where it was downgraded to a tropical storm that will affect the state throughout today. Here’s the latest:

NOLA.com: New Orleans lost power in Hurricane Ida after tower collapsed in river; fix could take days, longer.

A massive failure of the transmission system that brings electricity to New Orleans and the east bank of Jefferson Parish left the city completely without power as Hurricane Ida slammed the area and it’s not clear how long the problems will take to fix.

The problems during the storm took all eight electricity-transmission lines into the area offline, including one massive tower on the west bank that collapsed into the Mississippi River. Now, the New Orleans area could spend an extended period, perhaps days but potentially much longer, without electricity in the summer heat and during a hurricane season that will continue after Ida has departed.

The failure raises questions about New Orleans’ plan to use Entergy power to replace the Sewerage & Water Board’s antiquated turbines as the primary source of power for the city’s drainage system. City Council members who chair the committees that regulate Entergy and oversee the S&WB said the outage would prompt investigations into the power company and would require further scrutiny of the S&WB plan.

Failures of the transmission system during Hurricane Gustav in 2008 and Hurricane Laura last year left huge swaths of the state without power for days or weeks.

Mayor LaToya Cantrell urged residents to stay in their homes and New Orleans Police Department Superintendent Shaun Ferguson said “anti-looting” officers would be deployed due to the outage.

The full details of what went wrong with the transmission system were not yet known and Ida’s strong winds kept crews from fully evaluating the system on Sunday.

Bourbon Street as Ida began to move in

Bourbon Street as Ida began to move in

NOLA.com: 911 system not working in New Orleans or Jefferson Parish after Hurricane Ida hits.

The 911 system is not working in Orleans and Jefferson parishes in the aftermath of Hurricane Ida, officials said Monday morning.

In Orleans, if you have an emergency, officials said you should go to your nearest fire station or approach a police officer.

In Jefferson Parish, officials said you should call 504-227-1400, which is the administrative number for the 911 Center, if you can’t get through by dialing 911.

Dakinikat just texted that she walked to her local fire station to report a downed tree on a power line. She also talked to some neighbors, one of whom said they heard it could take 6 weeks to restore all power. Her house is OK, but a couple of big branches broke off her magnolia tree. She has been posting some updates to her Facebook page.

NOLA.com: Generator failure during Hurricane Ida at Thibodaux hospital prompts scramble to move ICU patients.

The partial loss of generator power Sunday at a Louisiana hospital in the path of Hurricane Ida sent doctors and nurses scrambling to keep patients breathing as they moved them to a different area.

Patients at Thibodaux Regional Health System in Lafourche Parish were bagged by hand, meaning hospital staff manually pushed air in and out of their lungs in place of mechanical ventilation, while they were transported to another floor, according to officials with the Louisiana Department of Health. Other generators in the hospital are still in working order, according to Dr. Joe Kanter, the state’s chief health officer, as workers and patients there continue to ride out the storm.

Officials from Thibodaux Regional Health System posted on social media around 7 p.m. Sunday that “the backup generator that was affected earlier by winds from the hurricane is back online at the current time.”

USA Today: Hurricane Ida was so powerful it reversed the flow of the Mississippi River.

As the powerful Hurricane Ida roared ashore in Louisiana on Sunday, the storm’s force was so strong it temporarily reversed the flow of the Mississippi River.

Hitting as a Category 4 storm, Ida’s winds snapped trees and tore roofs off buildings as its floodwaters blocked roads and submerged cars. The storm was expected to dump up to 2 feet of rain in some areas and bring up to 7 feet of storm surge. Over a million people in Louisiana were without power.

Hurricane Ida Bears Down On Louisiana As A Major Storm

NEW ORLEANS, LOUISIANA – AUGUST 29: A person sits at a train stop for shelter ahead of Hurricane Ida on August 29, 2021 in New Orleans, Louisiana. 

U.S. Geological Survey gauge at Belle Chasse, south of New Orleans, detected the Mississippi’s flow moving backward around midday Sunday  because of the amount of water Ida whipped up.

U.S. Army Corps of Engineers spokesman Ricky Boyette confirmed engineers detected a “negative flow” on the Mississippi River as a result of storm surge.

In the days leading up to Ida’s arrival, the river, which flows into the Gulf of Mexico, had a discharge rate hovering around 300,000 cubic feet per second. At the peak of the reversal, it was flowing nearly 40,000 cubic feet per second upriver. The reversal occurred for just over a couple hours.

Although rare, the river changing course is not unprecedented, occurring during Hurricane Katrina in 2005 and Hurricane Isaac in 2012.

The Washington Post: Ida weakens to tropical storm as it moves to Mississippi with destructive winds, heavy flooding.

Hurricane forecasters downgraded Ida to a tropical storm Monday morning but are still warning of dangerous storm surges, damaging winds and heavy rainfall in multiple states.

The storm weakened 16 hours after Ida made landfall in Louisiana as a Category 4 hurricane. Ida battered Louisiana into Monday, with reports of downed power lines, levee failures and flooding, collapsed buildings and trapped residents on rooftops.

Forecasters warned that flooding from storm surges will continue through Monday morning in parts of Louisiana and Mississippi. As Ida’s center moves into southwestern Mississippi, damaging winds could cause more power outages. Heavy rainfall is possible through Tuesday morning across southeastern Louisiana, coastal Mississippi and southwestern Alabama.

Flooding could also hit portions of the Tennessee and Ohio valleys and the Mid-Atlantic through Wednesday, according to the National Hurricane Center.

New Orleans Police detective Alexander Reiter, looks over debris from a building that collapsed during Hurricane Ida in New Orleans, Monday, Aug. 30, 2021.

New Orleans Police detective Alexander Reiter, looks over debris from a building that collapsed during Hurricane Ida in New Orleans, Monday, Aug. 30, 2021.

Here’s what to know

— Officials in Louisiana implored residents to take precautions Monday morning. In a tweet, Gov. John Bel Edwards (D) told residents to “remain where you are.” The National Weather Service in New Orleans urged people to “be EXTREMELY safe today as weather hazards remain in effect.”

— More than 1 million people in Louisiana and Mississippi are without power Monday morning as Tropical Storm Ida moves out of Louisiana and into Mississippi.

— New Orleans’s 911 services are experiencing “technical difficulties,” and residents are instead being urged to seek help in person from first responders.

— At least one person was killed after a tree fell on them in Prairieville, La., about 65 miles northwest of New Orleans, according to the Ascension Parish Sheriff’s Office.

Brian Stelter at CNN Business: Webcams and social media apps are changing the way we experience hurricanes.

In an ever-more-internet-connected world, we are getting close-up views of extreme weather in ways that were hard to imagine a generation ago.

When Hurricane Ida barreled ashore and ransacked the Louisiana coast on Sunday, we were able to see the storm surge inundate Grand Isle through remote video cameras that were installed by storm chasers.

Locals also uploaded web-connected security camera footage of the rising waters to social media and streamed the winds on Facebook Live. Reporters weren’t embedded in these coastal and low-lying areas because the danger was simply too great, so webcams were the main way to assess the damage on Sunday.

Later in the day, as the center of Ida moved closer to New Orleans, residents posted panicked pleas for help on Twitter and other sites. Local reporters shared videos of homes that have been flooded. Other videos on Twitter and Instagram showed debris flying through the air in New Orleans.

Traffic cameras and levee monitoring webcams also provided dozens of views from inside the storm.

Wind, storm surge from Hurricand Ida lansh Louisiana

Wind, storm surge from Hurricane Ida lash Louisiana

Some locations lost power and/or internet connectivity, but an impressive number of the cameras remained online throughout the day. It was the latest sign that the way we witness landfalling hurricanes is changing — perhaps providing a more visceral education for the public. Can all the live feeds and social snapshots, showing the real-time reality of the weather, cause viewers to take the threat more seriously?

And/or do some folks see the video clips and decide to head outside with their own cameras? “A video of a man plowing headlong into storm surge from Hurricane Ida garnered a stern warning from National Weather Service officials,” urging everyone to stay inside, Missy Wilkinson of The Advocate reported Sunday afternoon.

Storm chasers could not be dissuaded. Numerous chasers showed Ida’s storm surge pouring into towns like Golden MeadowLarose and LaPlace. One camera crew said they were surrounded by water but were safe at a Motel 6 with high-enough ground.

By nightfall, a man on Twitter who called himself an oil field worker had posted a video from the actual site of the landfall, Port Fourchon, showing a toppled crane and other damage. Through texts, video clips and live streams, we’re experiencing hurricanes in new ways.

More stories to check out today:

The New York Times: The U.S. reaches 100,000 average daily Covid hospitalizations for the first time since winter.

Vice News: QAnon Anti-Vaxxer Called COVID a Hoax Even as His ‘Lungs Stopped Functioning’

The Jerusalem Post: New COVID variant detected in South Africa, most mutated variant so far.

AP News: Rockets fired at Kabul airport but US flights continue.

David Rothkopf at The Atlantic: Biden Deserves Credit, Not Blame, for Afghanistan.

The New Republic: Be Glad Donald Trump Isn’t Running the Show in Afghanistan.

Russell Berman at The Atlantic: The Obvious Voting-Rights Solution That No Democrat Will Propose. The answer to one of the most vexing debates in American politics is an idea that everyone hates.

Adam Jentleson at The New York Times: When Will Biden Join the Fight for Voting Rights?

That’s all I have for you today. I’ll have to do another post tomorrow. Take care everyone!


Monday Reads: Playing Hot Potato with a Costly War

Good Day Sky Dancers!

It’s hard to explain how much of what’s going on in Kabul today should rest directly and squarely on the bad faith negotiations of Trump’s Secretary of State–steal all the government booze–Pompeo.  Please watch this smug, smarmy, man laugh while under questioning by Representative Allred who asks what we’re doing to ensure that our conditions will be good as we leave Kabul.  It amazes me that more isn’t being made about Pompeo’s role in the chaos we experience now.  It’s worth remembering that all this was negotiated about a year ago.   Oh, wait, it was supposed to be negotiated at Camp David with Trump on the anniversary of 9/11 last year.  President Tin Ear was stopped on that one however.

Here’s Chris Wallace on Fox News dumping on the man who created this mess as he lies his way to a nonanswer.

Jennifer Ruben’s opinion piece today at WaPo discusses “Why so many people find Biden an easy target.” 

The vehemence with which many politicians and media pundits on the left and right have attacked President Biden should not be surprising. Given the chaotic and heart-wrenching scenes in Afghanistan, the commander in chief becomes an obvious target, especially for a press corps desperate to show they do not have a liberal bias.

But “chaotic” does not equal “failed,” and just because our intelligence community blew it big time — again — does not mean the United States has abandoned its Afghan partners. Since Aug. 14, we have evacuated over 37,000 people. The United States has enlisted a slew of allies to help receive refugees. And our allies remain united that they will not recognize nor extend aid to the Taliban until we are satisfied they have not hindered our evacuation and are respecting human rights.

Despite the torrent of angry media coverage, a recent CBS News poll found that 63 percent of Americans still want out of Afghanistan. And while Biden’s approval ratings have dipped (largely due to the covid-19 surge), the decline is less than one might expect. In NBC News’s poll, for example, he has dropped only one point among registered voters — from 51 to 50 percent — since April. So why is the media so determined to convey that Biden’s effort has “failed”?

Too many reporters adopt the talking points of critics of an administration, even when those critics have an interest to make Biden the fall guy. The media, for example, have parroted the right wing’s deliberate effort to impugn the Biden administration’s motives about “abandoning Afghans” (as it airlifts tens of thousands of them out the country) while ignoring the Trump team’s destruction of the visa system. With a straight face, reporters ask for the judgment of politicians and those in the military who lied for two decades about progress in Afghanistan — as if they and the reporters themselves hadn’t contributed to the rosy, false narrative about the Afghan army’s viability. And the media have run with the notion that the Biden administration broke Afghans’ “morale” rather than focusing on our utter failure to forge a national army, the endemic corruption in their government and Afghan leaders’ selling out to the Taliban for money.

The media almost by definition operates on anecdotes. They see European back-benchers criticizing Biden and squawk about a crisis among our allies. Meanwhile, Secretary of State Antony Blinken told Fox News’s Chris Wallace on Sunday:

From the get-go, I’ve spent more time with our NATO partners in Brussels, virtually, from before the president made his decision, to when he made his decision, to every time since. We’ve been working very, very closely together. We’ve gotten the G7 together, NATO together, the U.N. Security Council together. We had 113 countries, thanks to our diplomacy, put out a clear understanding of the Taliban’s requirements to let people leave the country. … I’ve heard, across the board, deep appreciation and thanks from allies and partners for everything that we’ve done to bring our allies and partners out of harm’s way. This has been a remarkable part of the effort. I’ve seen them stand up, step up to help out, including, as I said, agreements with more than two dozen countries now to help out on transit. And beyond that, we’re very focused together on the way forward, including the way forward in Afghanistan, and setting very clear expectations for the Taliban in the days, weeks and months ahead.

Which is the better indicator of our allies’ sentiments: stray comments to the media, or all of the actions Blinken outlined?

A Marine with the 24th Marine Expeditionary Unit (MEU) provides fresh water to a child during an evacuation at Hamid Karzai International Airport, Kabul, Afghanistan, Aug. 20, 2021. (U.S. Marine Corps photo by Sgt. Samuel Ruiz)

Listening to the people who served there is a good way to get out of the damn media’s obsessions with creating tempests in teapots and seeing what was going to be a difficult process–even if perfectly planned–as the problem of the guy who’s only had 7ish months of holding a 20-year-old hot potato.  This is from the Kansas City Star and was written by  Veteran Lucas Kince who served in that theatre: “I served in Afghanistan as a US Marine, twice. Here’s the truth in two sentences.”

What we are seeing in Afghanistan right now shouldn’t shock you. It only seems that way because our institutions are steeped in systematic dishonesty. It doesn’t require a dissertation to explain what you’re seeing. Just two sentences.

One: For 20 years, politicians, elites and D.C. military leaders lied to us about Afghanistan.

Two: What happened last week was inevitable, and anyone saying differently is still lying to you.

I know because I was there. Twice. On special operations task forces. I learned Pashto as a U.S. Marine captain and spoke to everyone I could there: everyday people, elites, allies and yes, even the Taliban.

The truth is that the Afghan National Security Forces was a jobs program for Afghans, propped up by U.S. taxpayer dollars — a military jobs program populated by nonmilitary people or “paper” forces (that didn’t really exist) and a bevy of elites grabbing what they could when they could.

You probably didn’t know that. That’s the point.

And it wasn’t just in Afghanistan. They also lied about Iraq.

I led a team of Marines training Iraqi security forces to defend their country. When I arrived I received a “stoplight” chart on their supposed capabilities in dozens of missions and responsibilities. Green meant they were good. Yellow was needed improvement; red said they couldn’t do it at all.

I was delighted to see how far along they were on paper — until I actually began working with them. I attempted to adjust the charts to reflect reality and was quickly shut down. The ratings could not go down. That was the deal. It was the kind of lie that kept the war going.

So when people ask me if we made the right call getting out of Afghanistan in 2021, I answer truthfully: Absolutely not. The right call was getting out in 2002. 2003. Every year we didn’t get out was another year the Taliban used to refine their skills and tactics against us — the best fighting force in the world. After two decades, $2 trillion and nearly 2,500 American lives lost, 2021 was way too late to make the right call.

What I have read repeatedly from folks on the ground is that the only people that try won the 20 year-long war were military contractors and corrupt government officials in Afghanistan.  You can read my Friday reads for more on that from former NPR reporter Sarah Chayes.

The reality of Biden’s follow through with the result of the Trump/Pompeo man-crushes on the Taliban is explained by CNN’s John Harwood. “Why Biden’s Afghanistan exit wasn’t about good politics”.  We always knew what Biden wanted because he stated his opposition to the failed Obama Surge while he was VEEP.

In ending America’s longest war, President Joe Biden did something popular. It was never going to help him politically.

That was true before damaging images of chaos and desperation filled American television screens last week. The reason is that public opinion about the Afghanistan conflict, as with most overseas events and issues, remains ill-defined and loosely held.

Even after 20 years, the conflict that ended with the lightning Taliban takeover represents a distant blur for most Americans. Only a small sliver of the US population has a personal connection to the war through service in the all-volunteer military. Its duration through years of diminishing troop levels and casualties led much of the public to tune the story out.

Pollsters who have tracked the subject describe opinions no firmer than jello. Asked whether the American military should stay or leave, majorities say leave. Asked whether the military should leave or stay to continue counterterrorism operations, majorities say stay.

Either way, voters have not counted Afghanistan among their top-priority concerns. Survey research on foreign policy, observed Republican pollster Kristen Soltis Anderson, “is always very fluid.”

That reality means that neither side of the long-running debate on the war can unambiguously claim the upper hand in public sentiment.

Afghans crowd at the tarmac of the Kabul airport on August 16, 2021, to flee the country as the Taliban were in control of Afghanistan after President Ashraf Ghani fled the country and conceded the insurgents had won the 20-year war. AFP PHOTO

From the initial push for war by the Bush administration to the idea of a surge by the Obama administration to the total dump it on the Taliban and let Biden deal with it by the Trump administration there has been one bad commitment to bad ideas after another. You all know I’ve never been a big Biden fan.  I have to say he’s the only President that just decided to get it done and be done with it.  The collapse of Kabul was always inevitable since the Afghanistan people and their regionalism vs federalism approach to things has seriously been misunderstood by many “experts”. It still seems this was another nation-building opportunity that only enriched the military-industrial complex.  That’s my thoughts.

In other news, the FDA has given the Pfizer vaccine full approval.

Today, the U.S. Food and Drug Administration approved the first COVID-19 vaccine. The vaccine has been known as the Pfizer-BioNTech COVID-19 Vaccine, and will now be marketed as Comirnaty (koe-mir’-na-tee), for the prevention of COVID-19 disease in individuals 16 years of age and older. The vaccine also continues to be available under emergency use authorization (EUA), including for individuals 12 through 15 years of age and for the administration of a third dose in certain immunocompromised individuals.

“The FDA’s approval of this vaccine is a milestone as we continue to battle the COVID-19 pandemic. While this and other vaccines have met the FDA’s rigorous, scientific standards for emergency use authorization, as the first FDA-approved COVID-19 vaccine, the public can be very confident that this vaccine meets the high standards for safety, effectiveness, and manufacturing quality the FDA requires of an approved product,” said Acting FDA Commissioner Janet Woodcock, M.D. “While millions of people have already safely received COVID-19 vaccines, we recognize that for some, the FDA approval of a vaccine may now instill additional confidence to get vaccinated. Today’s milestone puts us one step closer to altering the course of this pandemic in the U.S.” 

Since Dec. 11, 2020, the Pfizer-BioNTech COVID-19 Vaccine has been available under EUA in individuals 16 years of age and older, and the authorization was expanded to include those 12 through 15 years of age on May 10, 2021. EUAs can be used by the FDA during public health emergencies to provide access to medical products that may be effective in preventing, diagnosing, or treating a disease, provided that the FDA determines that the known and potential benefits of a product, when used to prevent, diagnose, or treat the disease, outweigh the known and potential risks of the product.

FDA-approved vaccines undergo the agency’s standard process for reviewing the quality, safety and effectiveness of medical products. For all vaccines, the FDA evaluates data and information included in the manufacturer’s submission of a biologics license application (BLA). A BLA is a comprehensive document that is submitted to the agency providing very specific requirements. For Comirnaty, the BLA builds on the extensive data and information previously submitted that supported the EUA, such as preclinical and clinical data and information, as well as details of the manufacturing process, vaccine testing results to ensure vaccine quality, and inspections of the sites where the vaccine is made. The agency conducts its own analyses of the information in the BLA to make sure the vaccine is safe and effective and meets the FDA’s standards for approval.

I am without patience for anyone not getting the vaccine.  I’m still ready to tell them to go to their crazy places–churches, Republican Party National Headquarter, Mara Lago, etc.– to get treatment and stay away from our children and healthcare workers.  More and more employers are mandating vaccines and I’m really down with that.

So, what’s on your blogging list today?  This war and pandemic stuff is wearing me out!