Update: Under the Big Sky of Montana

Word is out that American Tradition Partnership will, in fact, appeal Montana’s Supreme Court decision last Friday on the question of upholding the state’s 100-year ban on direct corporate funding in state elections.  The Montana decision was the first shot across the bow to the contentious SCOTUS Citizen United v. Federal Election Commission ruling in 2010, whereby money was equated to free speech and the virtual floodgates opened to corporate funds, influencing [corrupting] our electoral processes [see GOP primaries/clown show for a clear example of the corrosive nature of this decision].

John Bonifaz, the director of Free Speech for People, stated that he sees the appeal as a win/win situation.

“We believe there’s a win-win situation here,” said John Bonifaz, the co-founder and director of Free Speech for People. If the high court refuses to address the decision, he said, it could give a green light to other states to limit corporations’ political spending.

“If they take it up, there will be a new opportunity to push forward all the arguments as to why the court got it wrong,” he said. And if they reaffirm their prior decision, “that will only fuel the efforts further to allow a constitutional amendment,” he said, noting that he would expect the court to make a decision by late June or early July.

Judge Nelson, who wrote a principled dissent in the Montana case [mentioned in an earlier post on Sky Dancing] has indicated that he expects SCOTUS to take the case up and reverse Montana’s decision on the merits.  He reiterated his position that Citizens United is the Law of the Land.  However, Judge Nelson made clear in his original dissent that he found the theory of corporate personhood highly offensive and false.

Frankly, we need more judges like this, those with the courage to express their extreme distaste for a ruling, while standing on the firm conviction that the Rule of Law has meaning and purpose.  This is what a principled stand is all about, frequently neither easy nor comfortable.  We have watched a cascade of politicians giving lip service to ‘following the law,’ while doing just the opposite.  Or the appalling examples down in Florida, the rocket dockets where judges merely rubberstamped decisions for mortgage servicers in fraudulent home foreclosure cases.

This is a case to keep an eye on.  Either way it goes, I think John Bonifaz is correct—it’ a moment where an odious decision is being forced into the spotlight for reexamination.  It’s an inflection point where the rights of people push hard against the ridiculous and destructive notion that corporations, artificial entities, are equal to human beings, afforded with the same natural rights while not being bound [as Judge Nelson clearly stated] “to the same code of conduct, decency and morality.”

One of my favorite Occupy Wall St. signs shouted out this same sentiment.

So keep those lips puckered for a cowboy.  I may be forced to buy myself a cowboy hat!  You rock, Montana!


Let’s Hear It for the Little Guy . . . Oh Hell, Let’s Hear It for Montana

While awaiting the results of the Iowa Ugly Contest, we can rejoice in an example of American common sense and respect for the electoral process.

From the land of the Ponderosa Pine, from the state where the official flower is bitterroot [oh, how appropriate], we have the first challenge to SCOTUS’s reprehensible 2010 decision in Citizens United.  From the Daily Agenda:

The Montana Court vigorously upheld the state’s right to regulate how corporations can raise and spend money after a secretive Colorado corporation, Western Tradition Partnership, and a Montana sportsman’s group and local businessman sued to overturn a 1912 state law banning direct corporate spending on electoral campaigns.

What does this mean?  A first shot across the bow to one of the most contentious Supreme Court decisions in the last decade, a decision that has flooded elections with corporate money and influence and threatens to undermine the very nature and foundation of our democratic electoral processes.

There are national movements afoot, calls for Constitutional Amendments to remove the corrosive effects of corporate money and influence through Dylan Ratigan’s political action group. Bernie Sanders and his pragmatic Yankee constituents in Vermont are working to the same end. I reported before the holiday that Tammy Baldwin, House Rep from WI, introduced a resolution calling for aggressive investigation and prosecution of TBTF banks involved in the housing debacle.  At last look, Baldwin had attracted 70 cosponsors to the proposed legislation.  There’s a ‘fight ‘em on the beaches’ spirit rising on the wind. It’s a good sign.

And now Montana has entered the fray, where the State Supreme Court overturned a lower court’s decision to allow direct spending in state electoral campaigns.

This case wended its way through the judicial process and the decision to uphold the 100-year old state ban was ultimately supported in a 5-4 decision last Friday. John Bonifaz spokesman for Free Speech For People, a group pushing to overturn the Citizens United decision, said in a statement:

With this ruling, the Montana Supreme Court now sets up the first test case for the U.S. Supreme Court to revisit its Citizens United decision, a decision which poses a direct and serious threat to our democracy.

Not to get too heady about this decision [we are talking about bucking a ruling by SCOTUS, always considered The Rule of the Land], the dissenting opinion by Montana Judge Nelson, the main points picked up by Alternet, made my heart soar for its principled stand.  Yes, it sounds like a contradiction because I think Citizens is an odious and destructive ruling.  But so does Nelson, which he explains below.  Btw, I would suggest reading the full post over at Alternet because it gives a good summary of the historical background in Montana, the reason the state ban on direct corporate funds was originally imposed and the smarmy games the lawyers [representing Western Tradition Partnership] have been playing in Montana.

But here are few of Judge Nelson’s statements pertaining to his dissent:

Nelson closed by slamming the legal theory of corporate personhood—that corporations, because they are run and owned by people, should have the same constitutional freedoms as individuals under the Bill of Rights. Corporatist judges, such as the Roberts Court, believe that corporations and people are indistinguishable under the law. In contrast, constitutional conservatives know very well that the framers of the U.S. Constitution distrusted large economic enterprises and drafted a document to protect individual businessmen, farmers and tradespeople from economic exploitation.

“While I recognize that this doctrine is firmly entrenched in law,” Nelson began, “I find the concept entirely offensive. Corporations are artificial creatures of law. As such, they should enjoy only those powers—not constitutional rights, but legislatively-conferred powers—that are concomitant with their legitimate function, that being limited liability investment vehicles for business. Corporations are not persons. Human beings are persons, and it is an affront to the inviolable dignity of our species that courts have created a legal fiction which forces people—human beings—to share fundamental natural rights with soulless creations of government. Worse still, while corporations and human beings share many of the same rights under the law, they clearly are not bound equally to the same codes of good conduct, decency, and morality, and they are not held equally accountable for their sins. Indeed, it is truly ironic that the death penalty and hell are reserved only to natural persons.”

As Nelson said, ending his dissent, “the [U.S.] Supreme Court has spoken. It has interpreted the protections of the First Amendment vis-a-vis corporate political speech. Agree with its decision or not, Montana’s judiciary and elected officers are bound to accept and enforce the [U.S.] Supreme Court’s ruling…”

This is what it means to stand on principle, even when you vehemently disagree.  It’s not a matter of stretching out and letting the 18-wheeler have its way.  This is an honorable dissent, one to be proud of because it’s firmly entrenched in the American tradition.

So while Michelle Bachmann awaits a miracle and we’re inundated with the results of today’s Ugly Contest think about Judge Nelson’s stand and words.

I don’t know about you but I’m ready to kiss a cowboy!


Friday Reads

Good Morning!

I can hardly believe we’re headed into the last quarter of 2011.  Such  a year we’ve had!

So, the GOP is going after some of the things for which I will happily contribute tax dollars.  They’ve got some pretty whacked values as far as I’m concerned.

Setting a collision course with Democrats that could drag out for months, House Republicans on Thursday unveiled plans to cut federal money for job training, heating subsidies and grants to better-performing schools.

The draft measure for labor, health and education programs also seeks to block implementation of President Barack Obama’s signature health care law, cut off federal funds for National Public Radio and Planned Parenthood, and reduce eligibility for grants for low-income college students.

Democrats and tea party Republicans opposed the bill, blocking it from advancing through even the easy initial steps of the appropriations process on Capitol Hill. Instead of moving through the Appropriations Committee and the House as a whole, the $153 billion measure is instead expected to be wrapped into a larger omnibus spending bill this fall or winter that would fund the day-to-day operating budgets of Cabinet agencies.

Negotiations between Republicans controlling the House, the Democratic Senate and the White House are sure to be arduous. The measure is laced with conservative policy “riders” opposed by Democrats that would affect worker protections under federal labor laws and block the Education Department from enforcing rules on for-profit colleges that are often criticized for pushing students to take on too much debt.

“It looks like we’re in for a long, difficult process,” said Rep. Rosa DeLauro, D-Conn.

House Appropriations Committee Chairman Harold Rogers, R-Ky., said excessive and wasteful spending over the years had put many programs and agencies on “an irresponsible and unsustainable fiscal path.”

Actually all of those Dubya Tax cuts and wars and letting Wall Street Run amok with speculation instead of investment is what put us on that “irresponsible and unsustainable fiscal path” and most of them voted for all of it.  I’m not willing to bail out any more of their donor base with my hard earned dollars by defunding the future of our children.  What on earth can we do about these evil people and the feckless dems that won’t fight them?

The court fights over the new health care law have been stepped up and SCOTUS has come into play in a big way.  Which of the justices are likely to uphold AEIcare-cum-ChafeeCare-cum-DoleCare-cum-RomneyCare-cum-Obamacare?

The four more liberal justices on the court — Ruth Bader Ginsburg, Stephen Breyer and Obama appointees Sonia Sotomayor and Elena Kagan — should have no trouble reading the Constitution as bestowing broad powers on the federal government to regulate all manner of commerce. Although the court in recent years has pinched back congressional efforts to use the Commerce Clause to promulgate laws prohibiting guns near schools and those targeting violence against women, these were clearly non-commercial activities and quite different from the health-care law and its regulation of the medical insurance marketplace. Stronger and more directly applicable precedents remain, in which the court blessed the government’s regulation of wheat and marijuana production because these activities had an impact on interstate commerce.

The marijuana case (known formally as Gonzales v. Raich) may be particularly important because two of the more conservative justices — Antonin Scalia and Anthony Kennedy — joined with their more liberal colleagues to uphold the law under the government’s Commerce Clause powers.

Chief Justice John G. Roberts Jr. and Samuel A. Alito — both George W. Bush appointees — shouldn’t be counted out either. Roberts and Alito joined an opinion in 2010 that recognized the government’s “broad authority” to enact a civil detention scheme for sexual predators under a different constitutional provision. This provision allows federal lawmakers “to make all laws which shall be necessary and proper” to uphold the powers assigned to Congress — including the power to regulate interstate commerce.

Michelle Bachmann’s campaign is running out of cash.  Even the NY Post thinks she may not make it to the Iowa Caucuses.

Will Michele Bachmann make it to Iowa? Insiders are whispering that the Tea Party darling’s financials are grim and she may be out of the race before she makes it to the Iowa caucus in February, even though she has a strong base in the state. Sources tell us say Bachmann’s skeletal staff are holding their collective breath until the deadline to disclose her fundraising report on Oct. 15. Meanwhile, we hear a computer vendor has called her campaign headquarters threatening to shut down the power due to an outstanding bill. Sources say she had about $400,000 at the beginning of September, but also stacks of bills. “She does not like to ask for money. She should have been focusing on big donors about three months ago,” a source said. “She’s only cultivated low dollar donors with direct mailings and that’s hurt her.” But at a rally in Virginia yesterday, Bachmann declared that she does not intend to back out of the race. “We intend to be the comeback kid in this race,” she said. Her rep said, “None of that is true.”

There’s a two part series at Bloomberg written by Collin Woodard on how the U.S. is really a country of regions.  Part One is here.   Part Two is here.  It’s a really interest read and something I have thought about for some time as I’ve tried to find some place in this country where I can live in peace.  For one, I’m trying to leave any region that’s described as bible buckle, bible belt, or bible anything!

Forget the state boundaries. Arbitrarily chosen, they often slash through cohesive cultures, creating massive cultural fissures in states like Maryland, Oregon and New York. Equally burdensome are the regional designations with which we try to analyze national politics — the Northeast, West, Midwest and South. They’re illusions masking the real forces driving the affairs of our sprawling continent: the 11 regional cultures of North America.

These 11 nations — Yankeedom, Tidewater, New Netherland, New France, Deep South, Greater Appalachia, the Midlands, First Nation, the Far West, the Left Coast, El Norte — have been hiding in plain sight throughout our history. You see them outlined on linguists’ dialect maps, cultural anthropologists’ maps of material culture regions, cultural geographers’ maps of religious regions, campaign strategists’ maps of political geography and historians’ maps of the patterns of settlement across the continent. I’m not the first person to have recognized the importance of these regional cultures. In 1969, Kevin Phillips, then a Republican campaign strategist, identified the distinct boundaries and values of several of these nations and used them to accurately prophesize the Reagan Revolution in his “Emerging Republican Majority,” a political cult classic.

More and more groups are joining the move to take on and occupy Wall Street. The New York Transportation Workers are the latest to announce they will join the protest today.

Occupy Wall Street has been picking up some decent support from unions in the past few days. Yesterday we reported that the Teamsters Union declared their support for protestors, and we also found out that the United Pilots Union had members at the protest demonstrating in uniform.

Today we learned the Industrial Workers of the World put a message of support on their website as well.

UPDATE: Verizon union workers have joined the protestors in NYC.

McClatchy reports that mortgage modification are still a mess even after four years. Quelle surprise!

Today there are at least 4.2 million homeowners who, like Palomo, are late on their mortgage payments or somewhere in the delinquency and foreclosure process. The first wave of foreclosures came during the 2008 financial crisis as subprime mortgages given to weak borrowers imploded. Now the subsequent economic downturn and high unemployment keep housing depressed.

The administrations of George W. Bush and Barack Obama both offered incentives for lenders to help homeowners modify their mortgages. Those efforts haven’t achieved much.

And four years into the housing crisis, banks and their bill collectors, known as mortgage servicers, are still under fire for their response to troubled borrowers.

“I would say they are somewhat better than they were three years ago, but still woefully inadequate to meet the demand, given the still remarkably high levels of distressed borrowers they are attempting to deal with,” said Paul Leonard, director of the California office of the Center for Responsible Lending, a Durham, N.C.-based advocacy group.

From December 2009 through June, more than 1.6 million government-backed mortgage modifications had been started, but only 791,000 became permanent. These numbers remain well below the goal of 4 million modifications that the Obama administration set for itself.

That should give you a few juicy bits to chew on with some coffee!! What’s on your reading and blogging list today?


Thursday Reads: Obama and CBC, Judging Protesters, Net Neutrality, SCOTUS, and Sly Stone

Good Morning!! Let’s start out with a little fire and brimstone. Glen Ford had a rousing rant at the Black Agenda Report about Obama’s disgusting treatment of the CBC last weekend. Here’s just a sample:

…in the same week that he bowed down to Israeli Prime Minister Benjamin Netanyahu before the assembled nations of the world, in New York City, Obama took his church voice to the Congressional Black Caucus annual awards dinner to very pointedly demand that Blacks stop bugging their president about the economic catastrophe that has befallen them, and his own role in it. “Take off your bedroom slippers. Put on your marching shoes,” Obama hectored. “Shake it off. Stop complainin’. Stop grumblin’. Stop cryin’. We are going to press on. We have work to do.”

Black Caucus chairman Rep. Emanuel Cleaver had earlier told reporters, “If Bill Clinton had been in the White House and had failed to address this [Black unemployment] problem, we probably would be marching on the White House.” But Obama came to lay down the law: any marching that you might do will be for my re-election.

The well-oiled crowd cheered….

The Black Caucus, as a body, meekly murmured and mumbled as the administration transferred the equivalent of the U.S. gross domestic product to the banks while Black America disintegrated. Now, with Obama’s numbers falling, he has very publicly commanded them to shut up and perform what he believes is their only legitimate function: to get him re-elected. In the looming contest, he will again resort to Black-baiting whenever it is useful to shore up white support. In that – as with his foreign and domestic policies – Obama is no different than white corporate politicians. His one great distinction, is to have a core constituency that cares more for his security and dignity, than their own.

Sad but true.

In yesterday’s morning post, Minx highlighted the way so many “progressives” are criticizing Occupy Wall Street for all kinds of irrelevant reasons. Glenn Greenwald wrote a very good piece about it: What’s behind the scorn for the Wall Street protests? But I especially liked Kevin Gosztola’s piece at FDL.

Traditional media have characterized the plurality of voices and the number of issues the occupation is seeking to challenge as a weakness. Establishment media has been openly condescending. Ginia Bellafante’s report in the New York Times has generated significant attention for her focus on the fact that some “half-naked woman” who looks like Joni Mitchell to her is the leader of this movement of “rightly frustrated young people.” Bellafante accuses the protesters of lacking “cohesion” and “pantomiming progressivism rather than practice it knowledgeably.” NPR reiterated NYT’s focus on the “scattered nature of the movement” in its coverage of the occupation (and tellingly used a photo of a man holding a sign that reads “Satan Controls Wall St”). Local press have treated the occupiers as if they are a tribe or a group of nomads focusing on occupiers’ behavior instead of trying to understand the real reason why people are in the park.

Liberals have shown scorn, too, suggesting the occupation is not a “Main Street production” or that the protesters aren’t dressed properly and should wear suits cause the civil rights movement would not have won if they hadn’t worn decent clothing.

The latest show of contempt from a liberal comes from Mother Jones magazine. Lauren Ellis claims that the action, which “says it stands for the 99 percent of us,” lacks traction. She outlines why she thinks Zuccotti Park isn’t America’s Tahrir Square. She chastises them for failing to have one demand. She claims without a unified message police brutality has stolen the spotlight. She suggests the presence of members of Anonymous is holding the organizers back writing, “It’s hard to be taken seriously as accountability-seeking populists when you’re donning Guy Fawkes masks.” And, she concludes as a result of failing to get a cross-section of America to come out in the streets, this movement has been for “dreamers,” not “middle class American trying to make ends meet.”

First off, nobody in the last week can claim to be reporting on Occupy Wall Street and genuinely claim it isn’t gaining traction. Ellis conveniently leaves out the fact that Occupy Wall Street is inspiring other cities to get organized and hold similar assemblies/occupations. Second, if the protesters did have one demand, does Ellis really think that would improve media coverage? Wouldn’t pundits then be casting doubt on whether the one demand was the appropriate singular demand to be making? Third, so-called members of Anonymous are citizens like Ellis and have a right to participate in the protest. It is elitist for Ellis to suggest Occupy Wall Street should not be all-inclusive. And, finally, there is no evidence that just “dreamers” are getting involved. A union at the City University of New York, the Industrial Workers of the World, construction workers, 9/11 responders and now a postal workers and teachers union have shown interest in the occupation.

Gosztola is a young guy who replaced Emptywheel after she left FDL. He focuses on human rights issues, and he does a nice job.

It’s interesting that the progs keep comparing the Occupy Wall Street protesters to those in Civil Rights Movement of the ’50s and ’60s, claiming that protesters should wear suits! Obviously these “very serious” yuppie bloggers don’t recall the ’60s anti-war movement. I can just imagine their shock at some of the outfits we wore in those days.

The New York Times published an odd interpretation of the world-wide protest phenomenon that minimized demonstrations: As Scorn for Vote Grows, Protests Surge Around Globe, by Nicholas Kulish. Kulish explains the protests as disillusionment with voting. And why shouldn’t we all be turned off by voting when it gets us nothing but a bunch of corrupt, greedy a$$holes who stab taxpayers in the back repeatedly and suck up to the top 1%?

Not surprisingly, there is only one reference to the anti-Wall Street protests, and the organizers, Occupy Wall Street aren’t mentioned at all. Also not mentioned are the supportive protests beginning in other U.S. cities. And Kulish never mentioned Wisconsin at all!

Last week the FCC announced new net neutrality rules, and now lawsuits from both sides of the issue are starting.

Verizon and Metro PCS, both wireless carriers, had already made clear their intention to sue and were widely expected to be the first to do so. Instead, they were beaten to court by the activist group Free Press—one of the strongest supporters of network neutrality.

Free Press has asked a federal appeals court to review the FCC’s rules—not because it finds them too strong, but because it finds them too weak. The group particularly objects to the way in which wireless companies are exempted from most of the meaningful anti-discrimination policies in the rules. While wireless operators can’t block Internet sites outright, and can’t simply ban apps that compete with their own services, they can do just about anything else; wired operators can’t.

Free Press complains about the “decision to adopt one set of rules for broadband access via mobile platforms and a different set of rules for broadband access via fixed platforms.” The distinction, it says, is “arbitrary and capricious” and it violates the law.

In a statement, Free Press Policy Director Matt Wood said, “Our challenge will show that there is no evidence in the record to justify this arbitrary distinction between wired and wireless Internet access. The disparity that the FCC’s rules create is unjust and unjustified. And it’s especially problematic because of the increasing popularity of wireless, along with its increasing importance for younger demographics and diverse populations who rely on mobile devices as their primary means for getting online.

Here is a summary of the final FCC rules, from Connected Planet:

The FCC highlighted a total of four rules, which specify that:

— A person engaged in the provision of broadband Internet access service shall publicly disclose accurate information regarding the network management practices, performance and commercial terms of its broadband Internet access services sufficient for consumers to make informed choice regarding use of such services and for content, application, service and device providers to develop, market and maintain Internet offerings

— A person engaged in the provision of fixed broadband Internet access service . . . shall not block lawful content, applications, services or non-harmful devices, subject to reasonable network management.

— A person engaged in the provision of fixed broadband Internet access service . . . shall not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service.

— A person engaged in the provision of mobile broadband Internet access service, insofar as such person is so engaged, shall not block consumers from accessing lawful websites, subject to reasonable network management; nor shall such person block applications that compete with the provider’s voice or video telephony services, subject to reasonable network management.

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I’m sure you’ve heard that the Justice Department has asked the Supreme Court to rule on the health care law ASAP. Dalia Lithwick at Slate had an interesting article on the case: The Supreme Court is less interested in ruling on Obama’s health care law than you think.

Apparently the Obama administration believes that 2012 will not be crazy enough already. That would explain why it has decided not to appeal a ruling from a three-judge panel of the 11th Circuit Court of Appeals striking down the individual mandate at the heart of its health reform law. Instead of asking the full, 11-member court to hear the case, the administration has voluntarily cleared the path toward the Supreme Court as early as this spring. That means there could be a ruling by the end of June, just a few months before the election.

Right now the individual mandate has been upheld, by a 2-1 margin by the Sixth Circuit and struck down 2-1 at the 11th Circuit, while the Virginia lawsuit challenging the act was dismissed on procedural grounds at the Fourth Circuit. This split between the federal appeals courts almost demands that the high court agree to hear the case, as does the fact that it’s the Justice Department filing the appeal.

Lithwick discusses the opinions of other writers on why the administration is doing this now. Then she offers her own assessment:

I remain unsure that there just are five justices at the high court eager to have the court itself become an election-year issue. I don’t think Chief Justice John Roberts wants to borrow that kind of partisan trouble again so soon after Citizens United, the campaign-finance case that turned into an Obama talking point. And I am not certain that the short-term gain of striking down some or part of the ACA (embarrassing President Obama even to the point of affecting the election) is the kind of judicial end-game this court really cares about. Certainly there are one or two justices who might see striking down the ACA as a historic blow for freedom. But the long game at the court is measured in decades of slow doctrinal progress—as witnessed in the fight over handguns and the Second Amendment—and not in reviving the stalled federalism revolution just to score a point.

That’s why I suspect that even if there are five justices who believe the individual mandate is unconstitutional, there probably aren’t five votes to decide that question in this instant. Lyle Denniston over at Scotusblog reminds us that the court has a lot of options to forestall a showdown with the president. If the justices opt to consider the technical question raised at the Fourth Circuit—about who has legal standing to challenge the mandate in the first place—the court could dodge the constitutional question altogether until 2015, when the first penalties will be paid. It’s not so much a matter of the court having to decide whether to bring a gavel to a knife fight. It’s just that this isn’t really this court’s knife fight in the first place.

Roman Polanski is back in the news, because he supposedly “apologized” to the woman he raped when she was only 13.

In a documentary about his life, the Oscar-winning director, 78, admitted Samantha Geimer had been left scarred by his exploitation three decades ago. The Polish-French film maker publicly apologised for the first time for his “mistakes” that included the sexual attack on Mrs Geimer, now 47.

The director of Rosemary’s Baby and Chinatown admitted she was a “double victim” after being caught up in the subsequent media storm, forcing her to move to Hawaii for privacy.

The married mother-of-three successfully sued him and accepted a private apology in 2009, saying she had been left more traumatised by ensuing legal battles to bring him to justice than the assault itself.

Finally, here’s another celebrity story: According to the New York Post, 1960s rock star Sly Stone is homeless, living in a van in L.A.

Today, Sly Stone — one of the greatest figures in soul-music history — is homeless, his fortune stolen by a lethal combination of excess, substance abuse and financial mismanagement. He lays his head inside a white camper van ironically stamped with the words “Pleasure Way” on the side. The van is parked on a residential street in Crenshaw, the rough Los Angeles neighborhood where “Boyz n the Hood” was set. A retired couple makes sure he eats once a day, and Stone showers at their house. The couple’s son serves as his assistant and driver.

Inside the van, the former mastermind of Sly & the Family Stone, now 68, continues to record music with the help of a laptop computer.

“I like my small camper,” he says, his voice raspy with age and years of hard living. “I just do not want to return to a fixed home. I cannot stand being in one place. I must keep moving.”

It’s a pretty nice van, BTW. But the LA Times says if Stone is homeless, it’s his own choice.

If Sly Stone is homeless, it’s by choice and not necessity, according to sources close to the funk legend.

Stone’s attorney Robert Alan has supposedly rented a four-bedroom home in Woodland Hills for his client, one unnamed source told Showbiz411 exclusively. “He’s too paranoid to come inside,” another source told writer Roger Friedman. That person was described as a friend of the singer.

Though Alan wouldn’t comment on the rental house, Friedman said, the lawyer confirmed that Sly Stone documentarian Willem Alkema had paid the singer $5,000 upfront for a recent interview. (An additional $2,000, source unknown, was reportedly paid when the story was picked up.) Alkema, whom Friedman says is trying relaunch his documentary and could benefit from the publicity, co-wrote Sunday’s “Sly Stone Is Homeless and Living in a Van” article for the New York Post.

That’s not to say Stone hadn’t admitted struggling with drugs, nor that he isn’t in financial trouble of the maybe-a-$50-million-lawsuit-will-fix-it variety — he sued former manager Jerry Goldstein in early 2010, alleging fraud and the diversion of $20 million to $30 million in royalties.

I’m just glad to know that Sly is still with us. What a great band he had. I remember seeing Sly and the Family Stone at an outdoor concert at Harvard Stadium–I think it was in 1969. It was fabulous! So in honor of Sly and nostalgia…

So…. what are you reading and blogging about today?


Breaking: State of Georgia to Kill Troy Davis Tonight

I just heard on MSNBC that Troy Davis will be executed in half an hour. That will be around 11:10 Eastern time. From the Atlanta Journal Constitution:

JACKSON, Ga. — The Supreme Court late Wednesday rejected an 11th-hour request to block the execution of Troy Davis, who convinced hundreds of thousands of people but not the justice system of his innocence in the murder of an off-duty police officer.

The court did not comment on its order late Wednesday, four hours after receiving the request. Davis’ execution had been set to begin at 7 p.m., but the high court’s decision was not issued until after 10 p.m.

Though Davis’ attorneys say seven of nine key witnesses against him have disputed all or parts of their testimony, state and federal judges have repeatedly ruled against granting him a new trial. As the court losses piled up Wednesday, his offer to take a polygraph test was rejected and the pardons board refused to give him one more hearing.

A video of Troy Davis’ sister speaking about his case:

UPDATE: Troy Davis died by lethal injection of animal tranquilizers at 11:08PM.