Supreme Court Archives - Page 10 of 12

D-Day, as in discovery

Finding myself agreeing with Scalia: “Make no mistake about it. Because of today’s decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason.”

There’s a blogger called Altonian, who is writing a lot about The War Years in England, most recently: “Alton received its fair share of evacuees during the war, most of which came from London.” With my life proceeding as it has, I had not sought to follow any more bloggers. But I saw him comment on the blogs of both Berowne AND Sharp Little Pencil; both of them I met on ABC Wednesday, which, BTW, you can join too.

Berowne, BTW, generally takes a movie or play, changes it up, and sees if you can recognize it. For his current entry, I must admit, I didn’t recognize the movie until he gave a vital hint. Only then was it obvious to me. (I never saw the movie, having fallen asleep watching it on video.)

Amy at Sharp Little Pencil has been writing a string of great poems: a political rant -I don’t rant nearly so well; her manic depression, which she has dealt with; surviving sexual abuse, which she has also dealt with; and a celebration, all in this calendar month.

Appreciated LoveSong: SamuraiFrog and Rainy Days and Mondays on Splotchy’s site. Even without his obsession for Paul Williams, I got to the same place with the song.

Re: ABC Wednesday, I had to deal with a load of spam on the site, all fairly recent. It was a pain; yet its removal felt very cleansing, not as irritating as you would think.

I was struck when Melanie wrote: “It isn’t easy to be still- even when you are sick and can’t move much! That’s because stillness is also a quality of soul.”

I realized, as much as anything, the recent Supreme Court ruling, which states that police can routinely take DNA samples from people who are arrested but not yet convicted of a crime, operates the efficiency over justice model. Finding myself agreeing with Antonin Scalia: “Make no mistake about it. Because of today’s decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason. But the proud men who wrote the charter of our liberties would not have been so eager to open their mouths for royal inspection.” Faster – when it tramples on the Fourth Amendment right against unreasonable search and seizure – is not better.
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Some recent passings:

Frank Lautenberg, the Last of the New Deal Liberals. The New Jersey Democrat was the last WWII soldier left in Congress. Interesting that Governor Christie has called a special election in October, rather than saving the taxpayer dollars money, by holding it in November. Interesting political calculation.

There would be no ALL IN THE FAMILY without Jean Stapleton.

I used to love to read the syndicated column of Andrew M. Greeley: Priest, Author, Scholar, Scold.

David “Deacon” Jones was the original sackmaster of the National Football League. When I think of the original Fearsome Foursome on the LA Rams, I recall Jones, who the Hall of Fame defensive end who later had his own foundation to help kids; the late Merlin Olsen, who eventually showed up on Little House on the Prairie and other programs; and the still living Rosey Grier, who also played for the NY Giants, and liked to knit. Always seemed to forget the late Lamar Lundy, for some reason.

R is for Roger, redux

I’d been a fan of Roger Moore since I watched him as Beau Maverick on the television show Maverick.

As I’ve undoubtedly noted, the name Roger comes from the Germanic roots meaning spear bearer, specifically “famous with the spear.”

When you think of the first name Roger, who are the first people you think of? (I mean besides me, of course.) That was the question in this segment of the TV show Family Feud; I’m sorry it is incomplete.

Here’s a list of celebrities whose first names are Roger. The ones that immediately came to mind are some I mentioned three-and-a-half years ago when I last did R is for Roger, plus these that I inexplicably left off:

Roger Clemens – in 24 seasons with the Boston Red Sox, Toronto Blue Jays, New York Yankees, and Houston Astros, he won the Cy Young as the best pitcher in his baseball league a record seven times and pitched a perfect game in 1994. He would have been a lock for the Baseball Hall of Fame in 2013 except for allegations of him using performance-enhancing drugs.

Roger Federer – the tennis player from Switzerland had spent 237 consecutive, and at this writing, 302 total weeks at number 1 in the ranking and has won 17 Grand Slam singles titles. He’s considered by many to be the greatest player of all time.

Roger Staubach – in an 11-season career, all with the Dallas Cowboys, the quarterback out of the Naval Academy had a Hall of Fame career. I wasn’t much a Cowboys fan, since they were/are rivals with my New York Giants; nevertheless, I always liked him personally.

Sir Roger Moore – I’d been a fan since I watched him as Beau Maverick on the television show Maverick, then as Simon Templar in the TV series The Saint. But, of course, he’s best known as Bond, James Bond, in seven movies. See his other credits.

Roger Waters – he was a founder member of the rock band Pink Floyd, serving as bassist, vocalist, and principal songwriter. In the 1970s and 1980s, the album Dark Side of the Moon spent years on the charts; Wish You Were Here, Animals and The Wall were other hit albums. He has been performing The Wall all over the world without his former bandmates.

Roger B. Taney – he was the fifth Chief Justice of the United States (1836-1864), and the first Roman Catholic to sit on the Supreme Court. While he dealt with many other cases, I know him for just one: writing the majority opinion in Dred Scott v. Sanford (1857), that ruled that black people, who were considered inferior at the time the US Constitution was written, could not be considered citizens of the United States, whether slave or free.

Roger Williams – the theologian who left England, only to knock heads (figuratively) with the Puritans, and eventually founded the state of Rhode Island as a place of religious tolerance.

Roger Rabbit – he is the frantic, neurotic title cartoon character of the film Who Framed Roger Rabbit. The film also starred the live human Bob Hoskins, and Roger’s animated human wife Jessica, who is not bad; she’s just drawn that way.
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My review of the late Roger Ebert’s autobiography.

ABC Wednesday – Round 12

SCOTUS and marriage equality

I’m expecting some mishmash decision by SCOTUS in the gay marriage case that no one will love.

As an old political science major and a bit of a US Supreme Court junkie, I’ve been musing over what it means that the high tribunal has decided to review two cases testing the constitutionality of same-sex marriage. “In agreeing to examine California’s Proposition 8 (Hollingsworth v. Perry) and the federal Defense of Marriage Act (Windsor v. the United States), the court has created a defining moment, not only for its own legacy but for the country as a whole.”

Got that right. But how will they decide? I think one has to look at the specific people represented in the cases, specifically 83-year-old Edith Windsor who moved to New York State 60 years ago. “Ms. Windsor… married her partner, Thea Spyer, in 2007 [in Canada] after a 40-year engagement. [She relishes] the court’s decision to hear her case, a challenge to the 1996 law, the Defense of Marriage Act, which prohibited the Internal Revenue Service from treating her as a surviving spouse after Ms. Spyer’s death in 2009, costing her more than $600,000 in state and federal estate taxes.”

The Court does not rule on abstractions. The Court will decide whether Edith Windsor has been inequitably treated by the laws of the United States and New York, denied equal protection due to all people within its jurisdiction; this would then be applicable to anyone in the same circumstances. The decision then is less about “gay marriage” as a concept, as much as whether someone in a same-sex union shall be afforded all the rights and privileges of a marriage between a man and a woman. I’ve heard bandied about that there are at least 1000 legal perks of being married, among them visitation rights to see a sick spouse in the hospital without having to draw up legal papers for that purpose.

The Proposition 8 case, merged with the Windsor case by the high court, has a more convoluted path to SCOTUS, with the surprising legal pairing of liberal attorney David Boies and conservative lawyer Ted Olson, who were on opposite sides in Bush v. Gore, on the same side, in favor of marriage equality.

The Court could vote to limit same-sex marriage. I seriously doubt it would overturn law in the nine states that have already decided to allow it, especially since three states – Maine, Maryland, and Washington – had voter-approved legalization in November 2012. And at least a plurality of Americans polled now support same-sex marriage. On the other hand, 30 states have constitutional bans against it. Pew has a great breakdown of the issue.

The Court could vote to overturn all same-sex marriage bans in the country. It would not be unprecedented: Loving v. Virginia (1967) not only negated laws against racially mixed marriages in Virginia but in more than a dozen other states. But this would be a radical move by a court that is quite conservative, not only from a political point of view but in temperament. Still, the Court tends to believe in precedent, and it has long determined that “marriage is one of the basic civil rights of man, fundamental to our very existence and survival.” It would be surprising, but not beyond belief, that the Court take this route.

I’m expecting some mishmash decision that would overturn the discrimination as it has been applied in the US tax law and other federal issues, and apply these as well to the states that have decided to allow for marriage equality, and including California, while leaving the other states to decide on it on their own timetable, something like Senator Lindsey Graham of South Carolina is now advocating. I would not at all be surprised by a split decision, with three or four voting to support anti-gay marriage laws in the land, three or four voting to limit or eliminate the laws, and one or two (Kennedy, and maybe Roberts) coming up with some grand compromise that no one will love. One could assume that Scalia is in the former group, since he has recently defended comparing homosexuality to murder, and his political clone Thomas will likely vote the same.

I’d love to hear other opinions about what the Court might do.

Curiouser and curiouser: 20 questions

Donald Trump, because he’s a twit. Planned Parenthood, because it’s constantly under attack.

There’s this website Curious as a Cat, and it asks one to three questions each week. Here are some from 2006 and 2007 I deigned to answer.

1. What is the one experience in your life that has caused the most pain?
Physical pain. Tie between a broken rib and oral surgery. Emotional, surely an affair of the heart.

2. If you had to pick one thing, what would you say is the single thing that can destroy a soul?
Telling so many lies that you start thinking it’s the truth.

3. What one thing always speaks deeply to you, to your spirit, no matter your mood or what else is going on in your life?
Music, always. I hear it all the time. Sometimes it’s something I’ve heard recently, but more often it’s a tune suitable for the moment.

4. What is the least appropriate thing to pray for?

Actually, the harm of someone else. But I get most irritated when sports figures seem to think that God was on THEIR side after a victory; I was reading a Guideposts magazine article recently, which said, and I agree, “God doesn’t care.”

5. If you could remove one of the current Supreme Court justices based on their moral positions, whom would you choose?
Tough. Clarence Thomas is SO awful, and ought to be impeached for ethical violations. But Antonin Scalia (pictured) tends to steer Thomas’ voting compass, so I guess I’ll say him; he ought to be checked out, too.

6. Name one event that changed your relationship with your family the most.
I think it was the rapprochement of my two sisters in the past few years, who used to argue a lot. They would (especially one of them) call me up and vent about the other. Now that that’s no longer the case, I get fewer calls.

7. If you were to make a collage to describe yourself to others, what sorts of pictures or symbols would you include?
Clearly, it would have a picture of red sneakers; I used to have a Christmas ornament of red sneakers, but it broke. A racquetball racquet, the picture of me as a duck, the cover of the Beatles Revolver album, the cover of a Howard the Duck comic book, a caricature of me singing several years ago, the front cover of the World Almanac, a picture of my two sisters and me when I was a kid, a picture of my parents, a picture of my wife & daughter & me.

8. Which year was the best of your life? How old were you? Would you want to live it again?
1978, when I moved to Schenectady, got a job I liked, had my first steady girlfriend in over two years. I was 25. Absolutely not.

9. What is your favorite way to travel?
By train. I like the light rail in San Diego a lot as well.

10. What spiritual concept, from any religion, is the hardest for you to understand? Is it something you have studied, or something you have only observed from the ‘outside’?
I think Christianity has a lot of difficult concepts: the virgin birth, the resurrection of the dead. But nothing seems to mystify as much as the notion of the Trinity, God in three persons. I’ve studied it a lot, but couldn’t explain it adequately if I tried. St. Patrick used to say it’s like the three-leaf clover, three flowers in one, but that falls short for me.

11. What is your earliest memory? Why do you think you have remembered that particular event or thing?
Trip to the now-closed Catskill Game Farm when I was three, which I remember because there were pictures. So it may be the pictures I recall, not the trip.

12. What position in any team sport is the hardest to play? Why? Have you played that position?
Catcher in baseball, and yes, I played it in a pickup league.

13. Imagine you could redesign your hands. Whose hands would you remodel yours to resemble?
Or would you keep the hands you’ve got?
I like my hands. I like the length of my fingers, the shape of my fingernails. I do which they didn’t have the vitiligo on the back.

14. What bothers you most in other people, generally?
Impatience. People four cars back beeping because the line isn’t moving, and it isn’t moving because some considerate driver’s actually letting an older pedestrian cross. Or the surge of shoppers at the front door on Black Friday openings, which is why I avoid that day like the Plague.

15. What one thing have you done that pleased your parents the most?
Graduating from college. Took five years. My one sister and I actually graduated on successive weekends, she from SUNY Binghamton and me from SUNY New Paltz, and my parents, who were by then living in Charlotte, NC, came up to both.

16. You have to choose one rich person to be forced to give all their money away to a cause or charity. Whom would you choose, and to which cause or charity will the money go?
Donald Trump, because he’s a twit. Planned Parenthood, because it’s constantly under attack.

17. Is there an emotion that you think has gotten stronger as you’ve aged? If so, why do you think that has happened?
I’m more of a sentimental sap, where songs or TV movies might make me a bit misty-eyed. I think it’s a function of the experiences, and the fragility, of life.

18. What kind of cowardice do you most despise?
Lack of conviction. I may hate Rick Santorum’s politics, but I believe he believes what he says (and that’s scary.) Whereas I think Mitt Romney will say just about anything to appeal to whomever he is speaking at the moment.

19. If the U.S. had to give up one state, which one would you pick? Why?
Texas. It was briefly its own country and still acts like it.

20. When were you most moved by a ceremony?
I’m often moved by ceremony – communion, weddings, a US naturalization. The funeral of a 20-month old, though…

You say it’s in the Constitution: your most/least favorite Supreme Court decisions

I believe Bush v Gore signaled, for some people, the beginning of the end of the Supreme Court as a deliberative body and the perception, true or not, as another political operation.

For Constitution Day:

I recall that, four years ago, Sarah Palin, who was running for Vice President of the United States on the Republican line, could only name one Supreme Court case she disagreed with. ABC News came up with 24 Supreme Court Cases Every Presidential Candidate Should Know and something called Ranker ranks the Most Controversial Supreme Court Cases. Palin named Roe v. Wade, regarding abortion, #1 on the Ranker list, #11 on ABC News’ mostly chronological roster. In that light:

What are your favorite Supreme Court rulings?

What are your least favorite Supreme Court rulings?

On my favored side has to be Gideon v. Wainwright, where the right to an attorney was affirmed (ABC #6); Miranda v. Arizona (ABC #9); Lawrence v. Texas (Ranker #4 ABC #18); and my all-time favorite, Loving v. Virginia (ABC #10), which I wrote about here, and elsewhere. What about Brown v Board of Education, (Ranker #2, ABC #5)? Important in the broad sweep of breaking down separate but equal, which had been codified in Plessy v Ferguson (Ranker #9, ABC #3), but the resegregation of public schools is mighty discouraging.

On the least favored side:
Citizens United (Ranker #6, ABC #8), which encouraged an outrageous amount of big money in the political process; Kelo v. City of New London (ABC #19), the wrong use of the eminent domain, in my view; and of course, the Dred Scott decision (Ranker #7, ABC #2). Bush v Gore (Ranker #2, ABC #16) holds a special place, though, for I believe it signaled, for some people, the beginning of the end of the Supreme Court as a deliberative body and the perception, true or not, as another political operation.
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Last year, in Newsweek, in a title changed to The GOP Candidates Read Wacky Books (they got rid of the Bizarro reference from the print version), Paul Begala wrote:

Which brings us to Rick Perry, who got a C in animal breeding at Texas A&M. He’s not a big reader. But he claims to have been influenced by The Five Thousand Year Leap: 28 Great Ideas That Changed the World by W. Cleon Skousen. Glenn Beck, who went from Fox News stardom to oblivion, has pushed Skousen’s book relentlessly. It is stridently anti-Washington, tracing the decline of federalism to the 17th Amendment, which allows citizens, rather than state legislatures, to choose senators. Skousen, a John Bircher, is so far right that even National Review’s Mark Hemingway has called him an “all-around nutjob.”