Category: Supreme Court

Free Speech Is About To Get Tested

The Daily Escape:

Lupine bloom, Beeks Bight, Folsom Lake, CA – May 2022 photo by Kaptured in Kamera

We’re back from France where we had fantastic weather, wonderful food and wine, and a break from the loud drumbeat of dystopian American news. One issue that Wrongo followed from afar was the continuing assault on free speech by America’s Right Wing.

From Dan Pfeiffer:

“It seems like every week, Republicans propose, pass, or enact another outrageous, authoritarian, retrograde policy. Book bans, abortion bans, efforts to turn back the clock on marriage equality and contraception. Each is a fleeting political firestorm and then it’s on to the next….amidst this parade of retrograde lawmaking, there is a pattern…”

Despite claiming to be for small government, the Republicans want to dictate the terms of speech in America.

Consider Florida where Republican Gov. Ron DeSantis had passed legislation taking away the rights of Facebook, Twitter, and others to ban people from their platforms:

“The US Court of Appeals for the 11th Circuit on Monday ruled it is unconstitutional for Florida to bar social media companies from banning politicians, in a major victory for tech companies….the court rejected many of the legal arguments that conservative states have been using to justify laws governing the content moderation policies of major tech companies after years of accusations that the tech companies are biased against their political viewpoints.”

The 11th Circuit court found that tech companies’ moderation decisions are protected by the First Amendment, which prohibits the government from regulating free speech. Interestingly, this comes after a different decision on the same issue by the Texas 5th Circuit Court of Appeals, that allowed a Texas law banning companies from discriminating against people based on their politics to remain in effect.

We now have completely opposite decisions by the 11th Circuit and the 5th Circuit courts on the issue of whether corporations must follow the Constitution’s First Amendment. This will invariably lead to the Supreme Court weighing in on whether private social media companies’ content moderation decisions are protected by the First Amendment. From the WaPo:

“Some lawmakers pushing for laws governing online content moderation and Supreme Court Justice Clarence Thomas have argued that tech companies should be regulated as “common carriers,” businesses like phone companies that are subject to government regulation because of the essential services they provide.”

But Florida’s court rejected those arguments, arguing states can’t force such restrictions on private company social media platforms. While the phone companies cannot stop callers or calls that may be objectionable, or even illegal, social media companies have different rights. From the Court’s ruling:

“Neither law nor logic recognizes government authority to strip an entity of its First Amendment rights merely by labeling it a common carrier…”

The “Terms of Service” (TOS) agreements between social media platform companies and their users are a contract. When someone agrees to the TOS, they are saying that they will abide by it. Violating the TOS, whether by Trump, Musk, or some random ideologue, is a violation of contract law.

When the TOS is violated and the violator is suspended or barred from the platform, it doesn’t demonstrate bias, or a restriction in free speech. It demonstrates equal treatment. The TOS isn’t there only to restrain Conservatives, despite their protests of discrimination.

Florida passes a “don’t say gay” bill to police free speech by public educators in schools. They then pass the law to prevent private companies from policing speech on their platforms. This irony is lost on those who claim they’re against federal or state overreach unless it’s their Party that’s doing the overreaching.

The First Amendment says the government cannot punish you for speech (with some exceptions). The same Amendment also protects free association—meaning that it’s perfectly legal for private organizations to exercise their freedom of association even while excluding some speech.

Networks like Facebook and Twitter exert a lot of power over the flow of information. They are a primary method of news and expression for millions. That means they must be broadly inclusive and promote healthy discourse. Their business model includes wanting to attract as many users as possible. From Nicholas Grossmann: (emphasis by Wrongo)

“The big social networks—Facebook, LinkedIn, YouTube, Twitter—aim to be the online mainstream, appealing to a wide variety of users and the businesses that sell to them. That requires stopping behavior that isn’t illegal, but makes the platform inhospitable, such as hate speech.”

The large private social networks have a responsibility not to let the doctrine of free speech make them give a right of way to bad actors. There is zero reason to cede the concept of free speech to the trolls who are trying to drive people they hate off private social media platforms.

Now we wait to see what Alito, Thomas and the other Conservative Supremes have to say about the limits of Free Speech.

You shouldn’t be optimistic about the outcome.

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Monday Wake Up Call – May 9, 2022

The Daily Escape:

Sunset, Lynden, WA – May 2022 photo by Randy Small Photography

A final thought about our radical Supreme Court: They should give up their black robes. White robes would be much more appropriate.

But for today, let’s talk about the Victory Day celebrations in Russia. This year marks the 77th anniversary of the end of World War II, and Russia observes it every year with military parades and patriotic messages.

Wrongo is publishing this before we learn exactly how Putin will mark the celebration. Certain pundits think that Putin will use the occasion to escalate his war in Ukraine.

UPI reported that in remarks Putin made to commemorate Victory Day, he blasted what he described as “Nazi filth” in Ukraine. He also sent congratulatory messages to the Russian-appointed figureheads of the Donetsk and Luhansk regions of eastern Ukraine, which together make up the Donbas region, for “fighting shoulder to shoulder for the liberation of their native land.”

That certainly doesn’t sound like he’s backing down on his currently stalemated war.

Others think that Putin is more likely to make the political choice to declare victory, or partial victory in the “special military operation”. They think that Putin will postpone any decision regarding mobilizing more troops, which could be politically difficult. Pat Lang, a former US intelligence officer, worries about Russia using a tactical nuclear weapon against the steel plant in Mariupol, a frightening possibility for the world.

Despite the speculation, let’s spend a few moments thinking about how the Ukraine war might end.

“Tell me how this ends” is what General Petraeus famously asked in 2003 at the outset of the Iraq War. It lasted until 2011, and then morphed into the war on ISIS, that lasted until 2017.

Since the Russian war hasn’t resulted in a clear victory, certain US and British officials are talking more openly about a “victory” in Ukraine, meaning that the West decisively degrades the Russian military’s capability. Also, there’s some talk about regime change in Moscow.

A more likely scenario is that we’ll see an extended standoff between Ukraine and Russia, without an agreed end to the war, but where neither side wishes to continue active combat. In this case, Western sanctions would continue. Russian forces would occupy all or most of the Donbass region and control a land corridor linking Crimea with the Donbass and Russia.

This outcome would have few rules of engagement, since most of the guardrails that would be part of a negotiated settlement wouldn’t exist. The US and Europe would face years of instability and the constant threat of a military miscalculation causing a spillover in Europe. A forever war in Ukraine also runs the risk of eroding support for Kyiv in the US. America isn’t emotionally able to endure another grinding military conflict, even with no troops on the ground.

Finally, there may be a negotiated settlement. But what is the compromise that all parties can live with?

Zelensky has indicated that Ukraine might agree to be a neutral country; but only on condition of stringent security guarantees, the terms of which both the US and Russia might find objectionable.

Ukraine has understandably ruled out territorial concessions, but Putin would almost certainly not agree to any settlement in which Russia were forced to leave the Donbass and Mariupol. And separatist groups there would be unhappy living under Kyiv’s rule after years of war. Also, it’s hard to see Putin compromising unless the US and Europe ease economic sanctions as part of a settlement. Removing sanctions without a Ukraine “victory” might be a difficult political pill for Biden in particular, to swallow.

We like to think that all wars end, and eventually, they do. Remember that may not happen quickly or completely. The surrender of the Confederate Army at Appomattox didn’t settle hostilities, or political and cultural tensions in the US. It didn’t resolve the related racial prejudices and political differences, which still linger today.

It shouldn’t surprise anyone that in the Ukraine war, there may not be a discrete moment marking the war’s end for many years. A protracted war would be a favorable outcome for Moscow. It would certainly be a terrible outcome for Ukraine, which is already devastated as a country.

Time to wake up, America! What’s our strategy in Ukraine? Are we even following a strategy in the Ukraine war? To help you wake up, listen to Jon Batiste perform McCartney’s “Blackbird” on The Late Show in 2016:

Note Batiste’s overture on piano which McCartney originally wrote for guitar, was inspired by Johann Sebastian Bach’s BourrĂŠe in E minor, a well-known lute piece.

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Sunday Cartoon Blogging – May 8, 2022

Senate Republican leader Mitch McConnell thinks the leak of the Supreme Court’s draft opinion overturning Roe is a “toxic spectacle”. Chief Justice John Roberts calls it a “betrayal.” And Justice Thomas of Ginni said:

“We can’t be an institution that can be bullied into giving you just the outcomes you want…We are becoming addicted to wanting particular outcomes, not living with the outcomes we don’t like…”

So suck it up American women! They’re sure that the leak is worse for America than their outrageous decision, and nothing you say will change any Republican minds. It is likely to be a long time before this (anticipated) decision is reversed. We will be a nation divided between states where reproductive freedom is guaranteed and states without it.

Major judicial errors in American history have been reversed before. The Constitutional amendment prohibiting alcohol was repealed in 14 years. The Supreme Court opinion upholding laws that criminalized gay sex was overturned after 17 years.

Women have many reasons for choosing abortion that have nothing to do with not wanting to be a parent. They may have medical needs; a fetus may carry genetic defects; the woman may be an underage child or a survivor of rape or incest. Adoption does not erase either the medical effects or the psychic scars that forcing a mother to term might inflict, and that may persist long after pregnancy is over.

And on this Mother’s Day, it is particularly ironic that they call themselves pro-life. Except, of course, for mothers. On to cartoons.

Who should be feeling violated?

Alito changes the rules:

Barrett shows she’s one of the boys:

More of the hypocrisy:

Oh, the places you will go:

Anybody else think Republicans are too controlling?

Mother’s Day 2022:

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Thoughts on Alito’s Draft Opinion

Daily Escape:

Chama River, near Abiquiu, NM – 2022 photo by James C. Wilson

Wrongo’s last column spoke about how the Republican Party had become the Party of White Christian Nationalists. And that was before the draft opinion overturning Roe v. Wade was leaked to the world. It seems that this likely decision is a key example of how radical Christians are assuming a political role in America that isn’t dissimilar to the Taliban’s in Afghanistan.

Justice Alito’s draft opinion reinforces the view that there’s a very dangerous Christian movement afoot in our nation. It’s not enough for them to live in a country where they are completely free to practice their own religious beliefs. They require the rest of us to live by their religious code, too.

Two thoughts: First about the Court’s legitimacy in the eyes of the public when they overturn a 50-year-old precedent. The Editorial Board of the WaPo summarized the damage to the legitimacy of the Court that Justice Alito is likely to inflict:

“The Court’s legitimacy rests on the notion that it follows the law, not the personal or ideological preferences of the justices who happen to serve on it at any given time….What brought the Court to its current precipice was not a fundamental shift in American values regarding abortion. It was the [result of] shameless legislative maneuvering of Senate GOP leader Mitch McConnell, who jammed two Trump-nominated justices onto the Court.”

For some time, you’ve been able to predict the votes of Supreme Court Justices by knowing the Party of the president that appointed them. That is particularly true if the issue is either overtly political or a Culture War proxy for Republican Party doctrine.

The American people want to believe the law is fair and impartial, because everyone wants to live in a just and predictable society. But this isn’t what Conservatives want. Their so-called love of religion and love of authority move them to reduce or eliminate voting rights, and now, to eliminate women’s rights.

Second, Wrongo thinks that the Conservative Court has gone a political bridge too far. Most polls show that the rights granted in the Roe v. Wade decision are broadly popular, even among Republicans. And Americans have lived with those rights for almost 50 years, assuming it was an inviolable Constitutional right, you know, like owning a gun.

Heather Cox Richardson says that the Supreme Court has never before taken away a Constitutional right. That means there will certainly be a political backlash against those who have supported this attack against women specifically, and against privacy rights in general.

Pew reports that women are more likely than men to express support for legal abortion (62% vs. 56%). And among adults under age 30, 67% say abortion should be legal in all or most cases, as do 61% of adults in their 30s and 40s.

This describes the foundation of a political movement: Young women as the vanguard of an anti-Republican crusade (pardon the Christian pun). We also know that young people historically have had the lowest voter turnout, dating back to the 1960s. Here’s a graph showing what percentage of women have voted by age group:

Source: Stastia

It was only in 2020 that very young women reached the 50% turnout level for the first time in 50 years. They still lag all other age groups in voting. This means that a wealth of untapped political power lies waiting to be flexed this fall, and overturning Roe is the spark that can light the fire.

Add to that Black and Hispanic women who according to a Guttmacher Institute report are, respectively, three and two times more likely to have an unintended pregnancy than white women. Nationally, Black women had 37% of abortions, white women had 34%, and Hispanic women had 22%. Black women are also more than three times more likely to suffer a pregnancy-related death compared to white women.

Pew also reported that two-thirds of Asian (68%), and Black adults (67%) say abortion should be legal in all or most cases, as do 58% of Hispanic adults.

All of this creates the basis for a national political movement to defeat anti-abortion candidates at local, state, and national levels. Think about how a young woman like Mallory McMorrow who spoke so effectively against the Republican Culture War, could be a leader in the fight.

Larry Sabato’s Crystal Ball lists seven states that offer the biggest potential for a Democratic backlash driven by abortion rights: Arizona, Georgia, Michigan, New Hampshire, North Carolina, Pennsylvania, and Wisconsin. Each of these states has a highly competitive gubernatorial or Senate race on tap for this fall, and several of them have two.

Before you say it’s impossible, remember that in Ireland in 2012, the death of a young woman who had been denied a medically necessary abortion became a rallying cry for the abortion rights movement. In 2018, this Catholic country held a referendum to change their Constitution to legalize abortion, which passed with over 66% support.

The non-Christian-radical path forward is via the ballot box, where women should be poised to lead us to a rebuilt society. Even as the Roberts Court and Republicans turn their backs on the Constitution, we must still embrace it.

The Roberts Court’s radical Christian majority is, intentionally or not, administering a fatal blow to the Court’s legitimacy.

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Tuesday Wake Up Call – May 3, 2022

The Daily Escape:

Sunrise, Ocean City, NJ – April 2022 photo by Sri Reddy

Jennifer Rubin’s article in the WaPo says that the GOP is not a political party anymore. It’s become a movement dedicated to imposing White Christian nationalism:

“The media blandly describes the GOP’s obsessions as “culture wars,” but that suggests there is another side seeking to impose its views on others. In reality, only one side is repudiating pluralistic democracy — White, Christian…who are becoming a minority group and want to maintain their political power.”

These are the people driving the Republican bus. Any progress is soon followed by their claims of victimhood. From Rubin:

“No one should be surprised that the “big lie” has become gospel in White evangelical churches. The New York Times reports: “In the 17 months since the presidential election, pastors at these churches have preached about fraudulent votes and vague claims of election meddling.…For these church leaders, Mr. Trump’s narrative of the 2020 election has become a prominent strain in an apocalyptic vision of the left running amok.”

America was founded as a Christian nation, by (White) Christians; and its laws and institutions are based on “Biblical” (that is, Protestant) Christianity. As Georgetown’s Phillip Gorski says about Jan. 6:

“Christians waved Trump flags. The “Proud Boys” kneeled and prayed. One man, decked out as a cosplay crusader, clutched a large leather Bible to his chest with skeleton gloves. What looked like apples and oranges turned out to be a fruit cocktail: White Christian nationalism.”

Widening out to society at large, the Republican Christian Right is successfully walking a line between two seemingly contradictory notions: That our nation is the greatest nation on earth precisely because it is a Christian nation; and at the same time, that our nation is overrun with evil forces.

The precepts of Christianity were meant to make us more accepting and humane towards others. Today,  these people are about doing the opposite of that.

The BJC’s (Baptist Joint Committee for Religious Liberty) report on the Jan. 6 coup includes survey data from February 2021, showing that Christian nationalist ideology (specifically, belief that the founding documents of the US are divinely inspired, or that the federal government should declare the US a Christian nation) were strongly associated with the belief that Black Lives Matter and Antifa started the violence on Jan. 6:

Source: Public Discourse and Ethics Survey, Wave 7 (February 2021) Fielded by YouGov. Survey design by Joshua B. Grubbs and Samuel L. Perr

The graph shows that the more White Americans agree with Christian nationalism, the more likely they were to believe conspiracy theories about the involvement of Black Lives Matter or Antifa.

Since the founding of the country, we’ve gradually gained a panoply of rights; rights which could not be infringed by federal, state, and municipal governments. Now, the six Christian conservatives on the Supreme Court plan to gut many of those decisions.

The effort to blur the lines between church and state in America may be reaching its zenith. On April 25, the Supreme Court heard Kennedy v Bremerton School District, the first case involving prayer and public schools to reach the high court since 2000.

America’s Constitution promises the “free exercise” of religion; but it also prohibits the “establishment” of religion. Recently the Supreme Court has been strengthening the first guarantee: the right to live your faith free from government meddling, while chipping away at the wall separating church from state.

The issue in the Kennedy case was whether a public school district had the authority to prevent a high school football coach from continuing his practice of leading student-athletes in midfield prayer immediately after games.

Four justices had previously supported Kennedy when the case first came to the Supreme Court in 2019. At oral arguments this time, both Justice Coney Barrett and Chief Justice Roberts also sounded inclined to join the four in favoring free exercise over religion-state separation.

The decision in this case may change our long-held First Amendment rights into something less than they were designed to be.

Time to wake up America! The Culture Wars are the tip of the Constitutional threat iceberg. We’ve all shrugged and walked away from people who think the worst about non-White, non-straight Americans. We can’t do that anymore.

To help you wake up, listen to The Judds’ “Love Can Build a Bridge”. Naomi Judd died over the weekend. Here it’s sung by Naomi and Wynonna on April 11, 2022. This was Naomi’s last public performance:

Sample Lyric:

When we stand together, it’s our finest hour
We can do anything (anything)
Anything (anything)
Keep believin’ in the power

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Sunday Cartoon Blogging – April 10, 2022

Jonathan V. Last had a thoughtful essay that asked the question, “What if Democrats do everything right and still lose?” He’s speaking about the Dems’ poor mid-term polling. Last describes polls showing that people who benefited from the Child Tax Credit passed by Democrats nonetheless favor Republicans going into 2022:

“Inside the Democrats’ American Rescue Plan was the most substantively pro-family agenda item in a generation: A child tax credit that put real money into the pocket of just about every family….The child tax credit was the ultimate kitchen-table issue. Then Republicans killed it. They own…the act of taking this money away from working families.”

Last feels that the current political moment isn’t actually about kitchen-table issues. He points to the Ohio Senate race between Democrat Tim Ryan and Republican Josh Mandel:

“The Ohio Democrat is running on jobs, healthcare, infrastructure, and national security. The Ohio Republican is running on Trump, abortion, Christian nationalist identity, guns, RINOS, the Bible, and bitcoin.”

If Tim Ryan loses this race, it won’t be because Dems are blowing off working-class voters by refusing to focus on the real, kitchen-table issues that affect their lives. It’s looking like the electorate has become entirely untethered to policy concerns and have reached a point of nihilism.

Despite this environment, let’s not impose arbitrary timelines on achieving success. Just ask newly minted Justice Ketanji Brown Jackson. On to cartoons.

Same as it ever was:

Palin runs again:

Ukraine gives Putin a few new stories:

The definition of Red State has changed:

Will the Russian Army really fit in the smaller dolls?

Tiger returns:

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Saturday Soother – April 9, 2022

The Daily Escape:

Perhaps the most important selfie ever? Via POTUS

A few items for today. First, the Senate confirmed Ketanji Brown Jackson to the Supreme Court on Thursday, making her the first-ever Black woman and former public defender to serve on the nation’s highest court. Every Democrat voted for her, plus three Republicans: Sens. Lisa Murkowski (AK), Susan Collins (ME) and Mitt Romney (UT). When the vote was over, the Senate chamber erupted with applause, but not by most Republicans.

Here’s a video of the many Republican Senators walking out amid applause for the new Associate Justice:

It was a bad moment for the White Nationalists of the GOP. Is it Wrongo, or has the Republican Party turned itself into a fountain of sexual innuendo and legal intrusion into our lives? Robert Reich agrees:

“…it’s part of their culture war, and culture wars sell with voters (and the media) eager for conflict and titillation. A culture war over sex sells even better. It lets Republicans imply that Democrats are somehow on the side of sexual “deviants” who endanger the “natural order…a culture war over sex allows Republicans to sound faux populist without having to talk about the real sources of populist anger — corporate-induced inflation at a time of record corporate profits, profiteering and price gouging….[and] stagnant wages…and by focusing on pedophilia, gender identity, gay people, and abortion, Republicans don’t have to talk about Trump and January 6.

Hate, whether against Justice Jackson or aspects of American culture, is like a hard drug. It’s destructive to the users and to everyone around them. And they will always need bigger hits of it.

Second, Tim Snyder posted about the Russian policy guiding its war in Ukraine: (emphasis by Wrongo)

“Russia has just issued a genocide handbook for its war on Ukraine.  The Russian official press agency “RIA Novosti” published last Sunday an explicit program for the complete elimination of the Ukrainian nation as such.  It is still available for viewing, and has now been translated…into English.”

Snyder says that since the war began, “denazification” in Russian usage simply means the destruction of the Ukrainian state and nation.  A “Nazi,” as the genocide manual explains, is simply a human being who self-identifies as Ukrainian. According to the handbook, the establishment of a Ukrainian state thirty years ago was the “Nazification of Ukraine”.

The genocide handbook explains that the Russian policy of “denazification” is not directed against Nazis in the sense that the word is normally used. The handbook grants, with no hesitation, that there is no evidence that Nazism, as generally understood, is important in Ukraine. It operates within the special Russian definition of “Nazi”: A Nazi is a Ukrainian who refuses to admit to being a Russian.

The money quote from Snyder:

“As a historian of mass killing, I am hard pressed to think of many examples where states explicitly advertise the genocidal character of their own actions right at the moment those actions become public knowledge….Legally, genocide means both actions that destroy a group in whole or in part, combined with some intention to do so.  Russia has done the deed and confessed to the intention.”

Perhaps then it isn’t a surprise that Russia quit the UN Human Rights Council on Thursday shortly after it was suspended for atrocities in Ukraine. The UN General Assembly voted 93 to 24 to suspend Russia on Thursday, with 58 abstentions. What Snyder has reported deserves a global audience. It seems that throwing Russia out of the UN should be the next step.

Enough of this week’s news. It’s time for our Saturday Soother, a precious few moments when we avoid the political yelling and focus on gathering ourselves for the coming week.

We’ve finally heard the peepers on the Fields of Wrong. The lawns are greening up, buds are on most trees and bushes, and it’s turkey romance season. We have a resident group of seven female and two male turkeys. This week, the males are preening around and spreading their tail feathers while the females run in the opposite direction. We expect that will turn into fraternization next week.

To kick off your Saturday, take a few minutes and brew up a mug of Two Dog coffee ($17.50/lb.) from Clearwater, FL’s Blazing Bean Roasters. Now grab a seat by a window and watch and listen to another arrangement of classical music by the Korean group LAYERS who we have featured before. This time, listen to their take on Bizet’s “Fantasy” from his opera “Carmen”. Here it is arranged for two cellos, violin, and piano:

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Sunday Cartoon Blogging – April 3, 2022

The latest monthly jobs report shows 431,000 jobs were added. The report marked the 11th straight month of job gains above 400,000, the longest such stretch of growth in records dating back to 1939. So far in 2022, the economy has created 1.69 million jobs. That’s in just three months. By any fair measure, it’s an extraordinary total.

We are still about 1.6 million jobs below the number of employees in the workforce in February 2020 just before the pandemic hit. At the current average rate for the past six months, it will take three more months to get back to that level.

Leisure and hospitality jobs, which were the hardest-hit during the pandemic, rose by 112,000, but are still 1.5 million below their pre-pandemic peak. They comprise most of the jobs that are still missing in the economy.

Wage growth, which averaged 5.9% in the 2nd half of 2021, was up again, now showing a 6.7% year over year gain. Aside from April 2020, this is the highest wage growth in 40 years. And aside from three months in 2019 and 2020, the unemployment rate was the lowest (or equal to the lowest) in over 50 years.

The blemish is inflation. Most likely, inflation-adjusted wages have risen by 1% or less in the last year. On to cartoons.

A brief history of recent misspeaks:

Biden tries a different way to get Putin:

Florida’s Governor DeSantis says the mouse is the real enemy of kids:

This Thomas’s dinner conversation is straight-up ok:

Fox hires Caitlyn Jenner, but there were unforeseen issues:

Free Brittney:

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Saturday Soother – March 26, 2022

The Daily Escape:

Crocus in bloom, Holliston, MA – March 2022 photo by Karen Randall

Let’s take a look at three stories that didn’t get their due this week. First, from the LA Times, about gang infiltration of the LA County Sherriff’s department:

“The top watchdog for the Los Angeles County Sheriff’s Department has identified more than 40 alleged members of gang-like groups of deputies that operate out of two sheriff’s stations…..Inspector General Max Huntsman said his office has compiled a partial list that includes 11 deputies who allegedly belong to the Banditos, which operate out of the East L.A. sheriff’s station, and 30 alleged Executioners from the Compton sheriff’s station.”

Huntsman told the LA Times that about a third of the 41 deputies on his list had admitted that they had gang tattoos or belonged to the groups. Allegations aren’t proof but apparently, there is a long history of allegations like this one surrounding the LA Sherriff’s department.

Also consider this article in the WaPo about police wrongdoing:

“The Post documented nearly 40,000 payments involving allegations of police misconduct in 25 departments, totaling over $3 billion. Departments usually deny wrongdoing when resolving claims.”

They found that more than 1,200 officers in the departments surveyed had caused problems resulting in at least five payments each by their municipalities. More than 200 had 10 or more payments for actions that resulted in lawsuits. New York City leads the way with more than 5,000 officers named in two or more claims, accounting for 45% of the money the city spent on misconduct cases. There are 36,000 officers in the NYPD. That’s 13.8%.

Settlements rarely involve an admission of guilt or a finding of wrongdoing. City officials and attorneys representing police departments say settling claims is often more cost-efficient than fighting them in court. Since there’s no formal list of bad actors, there’s little reason to hold these officers accountable.

Law enforcement throughout America gives itself a black eye whenever stories like these are written.

Second, the NYT reported that several of the Republican Senators who suggested that Judge Ketanji Brown Jackson had given uncommonly lenient sentences to felons convicted of child sex abuse crimes had all previously voted to confirm judges who had given out similar prison terms below prosecutor recommendations, the very problem they had with Judge Jackson:

“But Mr. Hawley, Mr. Graham, Mr. Cotton and Mr. Cruz all voted to confirm judges nominated by President Donald J. Trump to appeals courts even though those nominees had given out sentences lighter than prosecutor recommendations in cases involving images of child sex abuse.”

You can read the article for the examples.

Hypocrisy is fuel for politicians, so maybe we shouldn’t be surprised. We know that Sen. Graham had voted only a year ago to confirm Judge Jackson, despite the sentencing decisions she had made as a district judge, the same ones that he now objects to.

Third, Bloomberg reported that private equity money is again pouring into residential real estate markets. They cite Phoenix, AZ as a prime example: (brackets by Wrongo)

“The median home [in Phoenix] was worth about $285,000 at the beginning of the pandemic; it was valued at $435,000 two years later.”

That’s a 53% increase. This is also true in NJ, where Wrongo’s son just got an all-cash offer from an investment group for his home, sight unseen, at 11% higher than the closest offer from a retail home buyer who needed a mortgage.

This is turning first-time home buyers into long-term renters, with real-world consequences.

Home equity represents a huge portion of individual wealth in the US, especially for moderate-income families that have few other opportunities to use borrowed money to purchase assets that can increase in value over time. Price appreciation lets owners accrue wealth which can be tapped later on when they have a large or unexpected expense.

Wall Street’s spin is that there just aren’t enough rentals for families who want to live in good neighborhoods but can’t afford a down payment. So they’re providing a necessary economic service. You be the judge.

Enough of this drama! It’s time to find a way to let go of the tragedy in Ukraine and the clown show surrounding Judge Jackson for a bit. It’s time for our Saturday Soother.

Here on the fields of Wrong, it’s time to take down the deer fencing and put up the bluebird nest boxes. We also need to watch what we can of college basketball’s March Madness.

To help you get ready for the weekend, grab a chair by a large window and listen to Mozart’s “Turkish March” played here on bamboo instruments. It was performed in 2015 by Dong Quang Vinh on a bamboo flute along with the Bamboo Ensemble Suc Song Moi, in Haiphong, Vietnam:

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Biden’s State of the Union Speech

The Daily Escape:

Garden of the Gods Park, Colorado Springs, CO – February 2022 photo by Daniel Forster

Biden will give his first State of the Union (SOTU) address to the nation tonight. If you read Wrongo’s column yesterday, it’s no surprise that he will address a country that remains sharply polarized about America’s priorities:

“According to a Pew Research Center survey, 71% of US adults rated strengthening the economy as a top policy priority, followed by reducing health care costs (61%), addressing the coronavirus (60%), improving education (58%) and securing Social Security (57%).”

Americans are concerned about the state of the economy (71%), with 82% of Republicans and 63% of Democrats agreeing it is a top political priority.

Anyone outside of the Right-wing bubble knows that Biden is already committed to tackling inflation, but Americans remain anxious about the economy, despite record job growth in 2021 and solid wage gains.

So Biden is vulnerable on inflation, particularly since Republicans will stress high gas prices. They will also make the point that excessive spending on Covid relief added to inflation while increasing the budget deficit. In the Pew study, 63% of Republicans said that the budget deficit should also be a top priority.

Biden’s administration hasn’t touted its successes very well. The NYT’s Jamelle Bouie said that Democrats did little to publicize their few successes:

“…rather than go on the offensive, infrastructure spending in hand, they sat quiet. There would be no publicity blitz, no attempt to capture the nation’s attention with a campaign to sell the accomplishments…no attempt to elevate members who might shine in the spotlight and certainly no serious attempt to push back on the right-wing cultural politics that helped Republicans notch a win in Virginia.”

This is an opportunity for Biden to recount his accomplishments. The pandemic is (again) trending in the right direction; the economy is roaring (even though inflation must be addressed); respect of our foreign partners continues to be restored around the world (just when US leadership was urgently needed).

He’s probably had to rewrite the speech a few times since Putin invaded Ukraine, so it’s anybody’s guess what will be emphasized about that.

Biden faces strong political opposition from Republicans, who will fault him for a chaotic withdrawal from Afghanistan, and the surge in migrants at the US-Mexico border. Some Republicans see Biden’s nomination of Ketanji Brown Jackson to the Supreme Court, as a wedge issue to keep Whites from voting for Democrats in November.

But as John Harris says at Politico, Democrats shouldn’t beat themselves up. They should remember:

“…that the modern presidency offers its occupants nearly inexhaustible capacity for political revival. While Biden faces a growing roster of doubts and doubters — including within his own party — his two immediate Democratic predecessors offer vivid examples showing that the tools for him to reverse perceptions and regain control of his presidency are within his grasp.”

Harris says that the Biden administration has failed to tell a compelling story to Americans:

“By outward evidence, Biden and his aides have either not settled on a narrative or have not effectively promoted it. It is on this score that the Obama and Clinton examples are especially notable. Since both Obama and Clinton recovered from midterm blowouts for Democrats to win second terms, why can’t Biden employ their strategies for recasting their presidencies before being blown out?”

The goal of the SOTU should be to give those voters who have open minds a chance to see Biden in new light. We’re always interested in success stories that show the main character growing from start to finish, discovering new ideas and new energy while amplifying his/her original values.

Biden ran and won on “Build Back Better”. It was a practical approach for dealing with the pandemic and the economic catastrophe that came with it. It encompassed straightforward solutions, many of which have been enacted into law.

He ought to use the SOTU as the start of the 2022 mid-term campaign. He’s not an agile politician like Obama, Clinton, or Trump. But he is easily their equal and possibly their superior in terms of understanding the day-to-day practical burdens and aspirations of the voters he needs to sell on staying with Democrats in 2022.

He needs to show America that he’s managing an office with unmatched power in a successful manner. He should work every day to tell the story about who he is and what he’s trying to achieve for the country.

Tonight, we’ll see in what direction he’s taking both the country and the Democratic Party.

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