Category: Supreme Court

Saturday Soother – February 26, 2022

The Daily Escape:

Sedona, AZ dusted in snow- February 2022 photo by Valentina Tree

Late on Friday, the US, Britain and EU said they will sanction Russian President Vladimir Putin and Foreign Minister Sergey Lavrov. This is the third round of Biden’s sanctions, and blocks the Russian president from any economic activity within the American financial system. White House press secretary Jen Psaki indicated the US would also implement a travel ban for Putin.

These sanctions effectively place Putin in the same category as North Korea’s Kim Jong Un.

As with other Russian sanctions, it isn’t clear how effective the Putin asset freeze will be. According to the Pandora Papers investigation, Putin appears to control assets in Europe, but the amounts are trivial compared to estimates of his wealth. The travel ban is significant. It says that the West considers Putin to be an international pariah. Earlier, Biden also announced a second round of sanctions against Russia.

The challenge facing Biden is how to avoid either starting or losing, a World War. He’s done a decent job rallying other nations towards a common viewpoint about Putin’s War. Putin believed he could at least neutralize certain allies within both NATO and Europe, along with some politicians and the public in a few EU countries.

But thus far, Biden’s had success at undercutting Russia’s efforts. He has been able to achieve broad unity by making it clear that Russia is an unprovoked aggressor. Yet Kyiv may soon fall to the Russian invaders. Addressing his nation, Ukraine President Volodymyr Zelensky said the Russians are coming after him specifically:

“The enemy has marked me as enemy number one.”

He told EU leaders on a Thursday night zoom call that “this might be the last time you see me alive“.

We can’t ignore what’s happening, but the US won’t risk all-out war over Russia’s invasion of Ukraine. We hope to avoid these choices by imposing sanctions that might turn the Russian people against Putin, by depriving Russia of cash and other resources. The sanctions are impressively multilateral.

However, the new sanctions have some loopholes. Adam Tooze reports that the sanctions specifically exclude energy: (emphasis by Wrongo)

“Energy is the really critical issue in the sanctions saga for both sides. It is what will hurt Russia most. It is also what is most critical for Europe. And, on energy… Biden…made this aside:

‘You know, in our sanctions package, we specifically designed to allow energy payments to continue.’”

Really Joe? The sanctions say that as long as your energy-related transactions are channeled through non-sanctioned, non-US financial institutions, for instance a European bank, buying gas from Russia is peachy. So, all of the payments for Russian gas will be paid free of problems for as long as sanctions are in place.

The political pressure for an energy carve-out comes from Germany. Bloomberg reported earlier:

“The German government has pushed for an exemption for the energy sector if there is a move to block Russian banks from clearing US dollar transactions….other major western European nations hold similar views.”

It gets worse. The carve-out isn’t limited to energy, it also applies to Russia’s agricultural commodity exports. So long as those transactions run through non-US, non-sanctioned banks, the US sanctions will not apply.

This shows how dependent our European partners are on Russia for gas and agriculture. It also shows how hollow the sanctions are, and how they will not be the “punishing” sanctions Biden promised.

It’s useful to remember that Germany’s use of Russian gas has been a completely tenable and a mutually beneficial relationship for 40+ years.

Finally, Biden didn’t announce excluding Russia from the SWIFT global financial payments system because Italy, Germany, and Cyprus weren’t willing to do it. Part of this has to do with buying Russian gas. It also has to do with how dependent their economies are on exports to Russia. Although, as Biden noted, full blocking of Russian financial institutions should achieve the same, or even greater, effect as a SWIFT ban.

Except for that gas and agriculture thingy, so not the same at all.

The question is whether the EU and NATO are truly willing to bear the costs of inflicting pain on Russia in order to end the Russian invasion of Ukraine. As of today, it seems that they are not.

Time to take a break from geopolitics and whether Lindsay Graham will support Biden’s new Supreme Court nominee, Judge Ketanji Brown Jackson. It’s time for our Saturday Soother, where we turn away from the news and focus on trying to calm the f down.

Today is a typical winter day in Connecticut. It’s chilly and there’s snow on the ground, but far less than predicted.

Since Putin is acting like the Honey Badger, let’s start by upping your honey badger game by brewing a mug of Honey Badger Espresso from Intelligentsia Coffee. They’re a Chicago-based chain with locations in Chicago, Los Angeles, Austin, Boston, and NYC. Leave the intelligentsia and take the honey badger.

Now grab a seat by a window and listen to Handel’s “Ombra mai fu”, known as Handel’s Largo of Love, it’s the opening aria in the 1738 opera Xerxes. Here it is performed in 2017 by  Czechoslovakia’s Janacek Chamber Orchestra with soloist soprano Patricia Janečková:

Beautiful voice!

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Sunday Cartoon Blogging – February 20, 2022

(The hosting service for the Wrongologist is having problems with the RSS feed that sends subscribers an email version of the column in the morning. Please go to the website to see earlier columns.)

 

Is there a better metaphor for today’s America than this?:

“A ship carrying cars from Germany to the United States caught fire in the Atlantic Ocean on Wednesday, forcing the crew’s 22 members to abandon the vessel and leave it burning and adrift.”

So, there’s a 60,000-ton cargo ship adrift off the Azores yesterday with no crew. It’s carrying an estimated 4,000 cars, including 189 Bentleys and 1,100 Porsches. Tow boats from Gibraltar and the Netherlands are on their way to the site with three expected to be there by next Wednesday. The abandoned and burning vessel is operated by the Japanese shipping company Mitsui O.S.K. Lines.

Think about America as a ship adrift, in flames. One that its essential workers had to flee to survive. And it’s loaded with Porsches and Bentleys. On to cartoons.

Putin’s always thinking ahead:

Rumors of Russia’s pullback are deceiving:

Irrational discourse is America’s brand:

When a priest says “I baptize,” instead of “we baptize,” there’s no baptism:

Trump’s CPA walks away:

Sarah Palin vs. New York Times:

Sarah Palin sued The New York Times for defamation but failed to prove her case. In 1964, the Supreme Court in New York Times v. Sullivan, said that public figures (like Palin), have to prove a defamatory statement was made “with knowledge that it was false or with reckless disregard of whether it was false or not.”

From Clay Jones who drew the cartoon above:

“It’s weird how Republicans claim they love the United States Constitution, refer to themselves as ‘constitutionalists’, yet hate press freedom and do everything in their power to destroy it. The Supreme Court has affirmed the right to a free press time and time again, yet Republicans like Donald Trump have argued to limit press freedom, if not outright destroy it.”

Press freedom doesn’t belong to liberals or conservatives, it belongs to everyone. Free speech is a Constitutional right and if you try to kill it because someone said something about you that you didn’t like, you’re not just killing free speech for your enemies, you’re killing it for yourself.

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Sunday Cartoon Blogging – February 6, 2022

According to Worldometer data, the US Covid death toll is now at 924,000. Last year, on June 1, 2021 the US death toll was 615,000. That’s the minimum number of deaths we could have suffered prior to the widespread availability of Covid vaccines in the US.

That 600,000± pre-vaccine death toll is comparable to the deaths that occurred in the Civil War. We’ve studied the Civil War for generations, although it’s doubtful that the Republican Right wants America to study all that much about Covid. On to cartoons.

As someone (?) once said, it takes a village, and we don’t have one:

The Olympics are on TV. Should we watch? Views differ:

Supreme Court nominations of women through time:

Biden’s alternate nominating strategy:

Trump doesn’t care who knows:

Putin and Biden ridin’ around the Ukraine speedway:

The NYT said on Saturday that portions of the Russian army near Ukraine have reached full combat strength. No one knows what will happen next, but there seem to be two likely outcomes. First, that any conflict is limited to Ukraine territory or second, that it moves beyond Ukraine to other parts of Europe.

If it goes beyond Ukraine’s borders, we could quickly find ourselves again on the threshold of nuclear war, since that’s a red line for NATO. But Russia also has other cards to play. They could launch massive cyber-attacks on the US, attacking and disabling our power grids, communications systems, and/or our financial system.

We would try to do the same inside Russia.

Wrongo isn’t trying to spread fear. He’s expressing the hope that we can get past all of the hollow political posturing and take a cold, hard look at what we’re truly trying to achieve if we decide on military intervention on behalf of Ukraine.

In a sense, the world changed on Friday when China’s Xi and Russia’s Putin met in Beijing. Their joint statement is unequivocal. China & Russia are now explicitly willing to at least challenge or possibly replace, Pax Americana, in Eurasia.

Borrowing from ancient history, in 560 BC, King Croesus was considering war on Persia. He consulted the Oracle at Delphi. Famously, the Oracle’s forecast was “If you make war on the Persians, you will destroy a great empire”. Let’s hope that Biden is receiving less ambiguous advice.

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Reform the Supreme Court

The Daily Escape:

Valley of Fire SP, NV – January 2022 photo by Robert E. Ford

Glad to see January go, with it being the anniversary of the Jan. 6 coup attempt and all that came after it. What isn’t going away is the slow and continuing fracture of America’s social cohesion. We also remember that it was FIVE years ago that Trump was inaugurated. That was a sorry time, since it made it clear that he would get to appoint several Supreme Court justices.

The partisan rancor brought to Supreme Court appointments has become another fault line in our social cohesion. That’s due in part to changes in Supreme Court.

One recent trend in these appointments is how much younger appointees are: The typical tenure for Supreme Court justices in the 19th and early 20th centuries was around 15 years. But as the lifespan of American adults has lengthened over the past century, so has tenure on the Court. Since 1975, the average justice has retired from the court after serving 27 years. Breyer, who was sworn in on Aug. 3, 1994, matches the average perfectly. Soon it will be longer than 30 years.

Another issue is the hubris of elderly Justices. Justices Brennan and Marshall, both about 70 years old at the time, decided not to retire when Jimmy Carter was president, thinking he wasn’t liberal enough to appoint their replacements. They decided to wait for a more left-leaning Democratic president that they presumed would come next.

Liberals got lucky when Brennan retired in 1990,and David Souter replaced him. They weren’t as lucky when Marshall was replaced by Clarence Thomas in 1992. Thomas, the first GOP Justice was selected explicitly for his race and youth (he was 43) and still sits on the Court today, 30 years later.

The same scenario played out less than two years ago with Justice Ginsburg. She refused to retire during Obama’s presidency (after a direct appeal from Obama in 2013) when he correctly feared losing the Senate in 2014. She died in 2020 and was immediately replaced by the 48-year-old Conservative Justice Barrett.

Another trend is Judicial Supremacy. Once Justices realized that their power was almost completely unchecked under the Constitution, it wasn’t a big leap to find them ruling according to personal preference.

The Framers never foresaw how formidable the judiciary would become. Once the Supreme Court successfully claimed the right of judicial review — the power to strike down laws it deemed unconstitutional — it went from being the weakest branch to the strongest. Today, virtually every important political controversy eventually comes before the Court.

The public’s opinion about the Court has never been lower. A Gallup poll last September (just before the Texas abortion cases) found that just 40% of Americans say they approved of the Court’s job. This represents a new low in Gallup’s polling, which dates back to 2000.

The chart below shows the results of a new ABC News / Ipsos Poll asking if the Supreme Court’s rulings are partisan:

(Hat tip: Jobsanger) The poll was conducted January 28-29, 2022 and has a ± 4.9% point margin of error.

It’s clear that a plurality of Americans no longer trust the Court with their lives, or with the direction of the country. That’s what makes selecting a Supreme Court nominee such a high-stakes game.

If Supreme Court vacancies were more frequent and regular, confirmation battles would be much less likely to turn into political Armageddon every time. We should be asking whether life tenure for Supreme Court justices still is legitimate, regardless of which Party controls Congress or the White House.

The Framers of the Constitution feared that the judiciary would be the weakest of the federal government’s branches and the most susceptible to political pressure. They therefore sought to bolster the Court’s independence by ensuring justices could stay on the bench for as long as they wished.

But the only alternative to a bad Court decision today is for 2/3rds of both Houses of Congress followed by 3/4ths of all States to change it by Constitutional Amendment. A nearly impossible and time-consuming process.

Instead, we should enact term limits for the Supremes. With nine Justices, one Justice’s position should expire every two years (essentially giving each an 18 year term). After serving on the Court they could fulfill their lifetime appointment by continuing to serve as “Justices Emeritus” on one of the regional Courts of Appeal.

This isn’t a partisan idea. Many Republicans endorse term limits. Among those who have endorsed it is Justice Stephen Breyer. Numerous polls in recent years show widespread support across Party lines for limiting Supreme Court justices’ terms. Everyone can tell that life tenure on the Supreme Court isn’t working. It’s time we replaced it with something better. America’s social cohesion depends on it.

Speaking of social cohesion, spend a few minutes watching this affecting commercial for Heineken. It celebrates communication, listening, and getting to know others who have different viewpoints:

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Sunday Cartoon Blogging – January 30, 2022

Well, this was predictable. NPR reported that China’s ambassador to the US warned that the US could face a possible “military conflict” with China over Taiwan:

“If the Taiwanese authorities, emboldened by the US, keep going down the road for independence, it most likely will involve China and the United States, the two big countries, in a military conflict.”

It isn’t a coincidence that China raises the specter of war while the US is focused on a possible threat by Russia in Ukraine. This week, 39 Chinese military aircraft flew near Taiwan, including two of China’s most advanced warplanes, their J-16D jets. Military analysts think that the J-16D has capacity to interfere with Taiwan’s defense radar systems and could make a huge difference in combat.

This is more evidence of how strategically fraught America’s legacy global policies are in a multi-polar world. Russia is threatening NATO and our Western allies, while simultaneously, China threatens our strategic position in Asia. We haven’t fought a two-theater war in 77 years, and haven’t won a war since.

It’s ironic that neither Taiwan nor Ukraine are formal mutual defense treaty partners with the US, yet US defense hawks think we should defend either or both. On to cartoons.

Surviving is difficult when you live in the wild:

Some voices on the Right support Russia:

Breyer retires, but opinions differ on who owns the right to replace him:

There seems very little Republicans can do to stop Biden from filling this seat, since there’s no filibuster for Supreme Court nominees. That was taken away by Mitch McConnell, during the nomination of Neil Gorsuch.

Mitch looks for a loophole:

The never-ending Republican hissy fit:

Art Spiegelman’s Pulitzer Prize winning book, “MAUS”, is a memoir about the Holocaust. It was banned last week by a school board in Tennessee. In the book, the cats are the Germans while the mice are the Jews:

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Saturday Soother – January 29, 2022

The Daily Escape:

Dawn, Zabriskie Point with Panamint Range in background, Death Valley CA – January 2022 photo by Rick Berk Photography

Various thoughts on a snowy Saturday in Connecticut.

First, in a turnaround from recent polls, a Marquette Law School nationwide survey of adults finds that Biden leads both Florida Gov. DeSantis and former President Trump in hypothetical 2024 matchups:

“In a head-to-head matchup, DeSantis is supported by 33%, while Biden is supported by 41%. A substantial 18% say they would support someone else, and 8% say they would not vote.

In a Trump versus Biden rematch, Trump receives 33% to Biden’s 43%, with 16% preferring someone else and 6% saying they would not vote.”

The survey was conducted between Jan. 10-21, 2022. It surveyed 1000 adults nationwide and has a margin of error of +/-4 percentage points. There are always a few outlier polls. Could this be accurate?

Second, even before Justice Breyer announced his retirement, Republicans already had their usual hissy fit over Biden’s decision to name a Black woman to the Supreme Court, implying that she would be an “affirmative action” hire. Republicans on Twitter are prejudging any Black woman nominee as inherently inferior and underqualified.

Ilya Shapiro, a conservative lawyer who will soon teach at Georgetown Law, made it clear that he thinks being Black and a woman means the person is innately unqualified for the Supreme Court. In a since-deleted tweet, he lamented that since his preferred candidate for the job “doesn’t fit into the latest intersectionality hierarchy so we’ll get a lesser black woman.”

Shapiro is the same guy who wrote in 2009 that Sonia Sotomayor’s nomination “confirmed that identity politics matter
 more than merit,” showing that this is who he’s always been. Wrongo is appalled that my alma mater just gave this guy a job.

George Washington University’s Jonathan Turley tweeted that Biden’s pick will cause uncomfortable moments on the Court because:

“…when the justices will hear arguments on the use of race in [college] admissions, one member will have been selected initially through an exclusionary criteria of race and sex.”

He thinks it will cause uncomfortable moments for the White majority on the Court. This is from the same crowd that was fine with the White Catholic Amy Coney Barrett, who had never before been on the bench or even argued an appeal, being on the court.

Third, more about yesterday’s discussion on education, in which we said that the Right-wing is using the slogan of “parental control” to rationalize imposing changes in school curricula and libraries. A school board in Tennessee voted unanimously to ban “Maus,” a Pulitzer Prize-winning graphic novel about the Holocaust from being taught in its classrooms because board members said the book contains material that was inappropriate for eighth grade students. Members also objected to a cartoon that featured a drawing of a “naked” mouse.

Wrongo has read “Maus” and recommends it to readers of all ages.

And there’s this gem from Indiana: HB 1362 mandates that teachers adopt a posture of impartiality in any conversation about controversial historical events. It goes on to state that in the run-up to a general election, students must be taught that: (emphasis by Wrongo)

“Socialism, Marxism, communism, totalitarianism, or similar political systems are incompatible with and in conflict with the principles of freedom upon which the United States was founded. In addition, students must be instructed that if any of these political systems were to replace the current form of government, the government of the United States would be overthrown and existing freedoms under the Constitution of the United States would no longer exist. As such, socialism, Marxism, communism, totalitarianism, or similar political systems are detrimental to the people of the United States.”

We’re now seeing a deadly combination against public education: parents plus legislators following the marching orders of a Right-wing media complex that spews disinformation.

Time for us to kick back and enjoy our Saturday Soother.

If you live in the Northeast, you’re not going to be driving or working outside today, what with the 50+ mph winds and the 1-2+ ft of snow. So start by brewing up a cup of Pearl District Blend ($17.00/12 oz.) from Portland, Oregon’s Cycletown Coffee Roasters.

Now grab a seat by a window and listen to Giuseppe Verdi’s “Va, pensiero“, also known as the “Chorus of the Hebrew Slaves“, from his 1842 opera “Nabucco”. It recollects the period of Babylonian captivity in Jerusalem in 586 BCE. Here it’s performed outdoors in front of a large audience in Naples, Italy by the orchestras of the Theater of San Carlo, and the National Academy of Sainta Cecilia, in July 2009. It’s not totally on point for Thursday’s International Holocaust Remembrance Day, but it’s beautiful:

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The Supreme Court is Becoming Illegitimate

The Daily Escape:

Sunset, Death Valley, CA – photo by Hasanur Khan

From Paul Campos:

“For a long time, the standard right wing judicial nominee dodge regarding Roe v. Wade was that the nominee considered it “settled law.”

What’s that supposed to mean? It’s a reference to what lawyers call stare decisis, which is Latin for “to stand by things decided”. It’s the doctrine of following legal precedent. The idea is that the Court should follow the existing rulings that it has announced, unless there’s a really good reason not to.

Then the question becomes: How really good does the reason have to be? There’s no formulaic answer to that. The criminal guilt standard of “beyond a reasonable doubt” is similar.

We’re here today because on Wednesday, in an unsigned, 5–4 decision, the Supreme Court effectively overturned Roe v. Wade. The five most conservative Republican-appointed justices refused to block Texas’s abortion ban, which allows anyone to sue any individual who “aids or abets” an abortion after six weeks. Remember, that law contains no penalty for making a false claim or filing a suit in bad faith. The purpose of that part of the law is simply harassment, and it’s up to the accused to prove that she wasn’t six weeks pregnant at the time the vigilante made the claim.

This decision renders almost all abortions in Texas illegal for the first time since 1973.

Although the majority didn’t exactly say these words, the upshot of Wednesday’s decision is that the Supreme Court has abandoned the Constitutional right to abortion. Roe is no longer settled law, even though the five justices who voted not to take the case had all testified in Congress that it was settled law.

Others will write detailed, technical analysis about the Court’s non-decision, and the impact on the Roe v. Wade test case coming to the Supreme Court in September. Wrongo prefers to point out that the subversion of American institutions is happening at a rapid pace, and that includes the Supreme Court.

There was an interesting article in The Prospect about how the US is becoming ungovernable in the basic sense of ‘nothing works‘ and ‘nothing can be done simply‘. It is difficult to argue with that, and although it’s coming at us from many different angles, one of the effects is that every decision today is powerfully affected not only by ‘how will it work’, but by ‘what will the opposition be like?’.

The battlefield is increasingly one where results are determined by unconstrained courts, and the country is becoming unmanageable. This is magnified in the Senate, where two Democrats have reacted to the partisan divide by refusing to act so long as the partisan divide exists.

From Justice Kagan’s dissent: (Emphasis by Wrongo)

“Without full briefing or argument, and after less than 72 hours’ thought, this Court greenlights the operation of Texas’s patently unconstitutional law banning most abortions. The Court thus rewards Texas’s scheme to insulate its law from judicial review by deputizing private parties to carry out unconstitutional restrictions on the State’s behalf. As of last night, and because of this Court’s ruling, Texas law prohibits abortions for the vast majority of women who seek them—in clear, and indeed undisputed, conflict with Roe and Casey.

Today’s ruling illustrates just how far the Court’s “shadow-docket” decisions may depart from the usual principles of appellate process. That ruling, as everyone must agree, is of great consequence. Yet the majority has acted without any guidance from the Court of Appeals—which is right now considering the same issues. It has reviewed only the most cursory party submissions, and then only hastily. And it barely bothers to explain its conclusion—that a challenge to an obviously unconstitutional abortion regulation backed by a wholly unprecedented enforcement scheme is unlikely to prevail.

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

Roe and Casey were at least in theory, settled law. Now, they are no longer.

The Court’s majority decided this madness, not just for Texas, but for the entire country. These earth-shattering decisions used to come only after full briefing and argument. No longer. Now, the shadow docket greases the skids for decisions upholding the Conservative Right’s views on personal rights.

One question that needs to be answered: How will the Texas Taliban-empowered Menstruation Vigilantes know when a pregnancy is older than six weeks?

Conservatives say they are all about personal choice and freedom, except when they’re not.

These are very perilous times, and they call for very big corrections. We’re pretty much at the point in game theory which dictates that the only remaining options are to either stop playing the game, or in this case, for the Democrats to destroy the political influence of Republicans.

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Sunday Cartoon Blogging – June 6, 2021

On Saturday, the NYT editorial board wrote about voting and vote counting. Read it if you have the time. The Times concludes that the House bill HR1 which will be taken up by the Senate later in June, is:

“…poorly matched to the moment…The legislation attempts to accomplish more than is currently feasible, while failing to address some of the clearest threats to democracy, especially the prospect that state officials will seek to overturn the will of voters.”

More: (emphasis by Wrongo)

“Because there is little chance the bill will pass in its current form, Democrats face a clear choice. They can wage what might be a symbolic (and likely doomed) fight for all the changes they would like. Or they can confront the acute crisis at hand by crafting a more focused bill, perhaps more palatable for more senators, that aims squarely at ensuring that Americans can cast votes and that those votes are counted.”

The bill should also establish uniform rules for vote counting, vote certification, and challenges. It should also clarify Congress’s role in certifying the results of presidential elections to prevent the possibility that a future Congress would overturn a state’s popular vote. That would prevent another Jan. 6. HR-1 doesn’t address these issues.

The present situation has been years in the making with bad actions on both the part of states, and the US Supreme Court. Ultimately, SCOTUS will have the last word on voting rights laws. Democrats need to craft legislation that they believe passes the strictest Constitutional muster. On to cartoons:

The GOP is all about the air quotes:

Jan. 6 looms over America:

Bipartisan negotiation with Biden continues:

Biden ends drilling in the Arctic Wildlife Refuge:

Why do Americans need incentives for vaccines?

They tossed Bibi overboard. He’s still confident:

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Saturday Soother – December 12, 2020

The Daily Escape:

Sunset, Cathedral Spires, Black Hills SD – 2020 photo by Max Foster

We’re stumbling into another December weekend without a bailout package for those who are still unemployed in the pandemic. The WaPo’s headline says it all: “More Americans are shoplifting food as aid runs out during the pandemic.” This is caused at least in part, by people going without jobs or unemployment insurance while waiting for the Senate and Mitch McConnell to come up with a bill that provides Americans the aid they need.

But the biggest news of the week was that the Supreme Court declined to hear the case brought by Texas asking the Court to overturn the results of the 2020 presidential election and declare Trump to be the winner. The Supreme Court wrote:

“The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot,”

In case you’re wondering, Trump’s three new appointments didn’t support hearing the case. Whoever talked Trump out of appointing his kids, Eric, Ivanka and Junior to the Court had better lay low for the next few days. The Supreme Court deserves credit for rejecting an attempt to destroy American democracy, but many of those Republicans who joined the lawsuit, deserve our harshest judgment.

Adam Sewer of The Atlantic tweeted:

People have argued that because Trump hasn’t overturned an election, that we can now relax: The “system worked”, there were no tanks in the streets. But Republicans chose sides this week. More than half (126) of the Republicans in the House of Representatives signed onto Texas’s failed lawsuit, along with 17 Republican attorneys-general. Republicans must own up to their anti-democratic actions.

Once this is over, and Trump is living in Florida and is acting as president-in-exile, we’ll need to hold all of his seditious minions accountable. Unsurprisingly, this failed lawsuit came from the Party that claims to oppose “judicial activism.”

But enough of all of this big news, Wrongo was attracted to an Ars Technica story that reported on researchers teaching lab rats to drive little electric cars. The research was aimed at learning what effect the environment a rat was raised in had on its ability to learn new tasks. The team, led by Richmond University professor Kelly Lambert, decided to teach them to drive not just navigate another maze.

But if you’re going to teach rats to drive, first you need to build them a car (an ROV or, Rat Operated Vehicle). The chassis and powertrain came from a robot car kit, and a transparent plastic food container provided the body:

The controls were three copper wires stretched across an opening cut out of the front, with an aluminum plate on the floor. When a rat stood on the plate and gripped a copper bar, a circuit was completed, and the motors engaged: one bar made the car turn to the left, one made it turn to the right, and the third made it go straight ahead. Sounds hard, but it didn’t take long for the rats to learn how to drive. Their goal was to drive the car to a food treat.

The rats had three five-minute training sessions a week for eight weeks, and they learned to drive!

The placement of the treat and the starting position and orientation of the car varied, so the rats had a different challenge each time. At the end of the experiment, each rat went through a series of trials, conducted a few days apart, where they were allowed to drive around the arena. One experiment had them driving without food treats, to see if they were only doing driving to get food.

Some who were quicker to start driving continued to be more interested in driving, even when there was no reward beyond the feel of moving without using their feet.

Uber is excited by this news and may try to replace human drivers. It’s their Holy Grail: drivers that do it for the love of driving and don’t ask for pay, benefits, or even treats.

On to the weekend! We’re finishing up the Christmas decorations in the Mansion of Wrong, although there will be very few visitors this time. So grab an ornament, and listen to the Dave Brubeck Quartet play “Take Five” from their 1959 ground-breaking album, “Time Out”. The tune was written by Paul Desmond, here on alto saxophone, Brubeck on piano, Teo Macero, drums and Eugene Wright on bass. Have a martini on the house:

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Monday Wake Up Call – December 7, 2020

The Daily Escape:

Crater Lake, OR – November 2020 photo via imagur. This is the fifth time we’ve featured Crater Lake.

What’s it gonna take for America to wake up to the Republican’s ongoing attempted coup? From the WaPo:

“Just 27 congressional Republicans acknowledge Joe Biden’s win over President Trump a month after the former vice president’s clear victory of more than 7 million votes nationally and a convincing electoral-vote margin that exactly matched Trump’s 2016 tally.”

A team of 25 Post reporters contacted aides for every Republican by email and phone asking three questions: 1) Who won the presidential contest? 2) Do you support or oppose Trump’s continuing efforts to claim victory? 3) If Biden wins a majority in the Electoral College, will you accept him as the legitimately elected president? Most refused to answer. Here are the WaPo’s findings in a chart:

When 215 of the 249 Republicans in Congress (86%) refuse to answer whether Biden would be the legitimately elected president, we’re looking at an attempted coup. These people aren’t waiting to get all the facts, or let the process play out. We shouldn’t be calling it anything else.

Just three state elections were really close — that is, decided by less than a one percent margin: Arizona, Georgia, and Wisconsin. Biden won all of them. The only semi-close state that Trump won was North Carolina, by a 1.3% margin. But had the three really close states gone for Trump, we would be looking at an Electoral College (EC) tie, 269-269. Then the House would re-elect Trump, thanks to the Constitutional process for breaking Electoral College ties, which gives each state one vote in the House to determine the next president.

Republicans control a majority of the seats in 26 House delegations, Democrats control 22, with two split evenly. That would mean a Trump re-election. It’s important to again emphasize that the EC would then have overturned the clear will of the people, showing how terribly flawed the EC truly is.

Since Republicans are still unwilling to say Biden won, even though all three of those states have certified him as the winner, imagine what we would be going through today if a single state hung in the balance?

And if the election had come down to a margin of a few thousand votes in Pennsylvania, you better believe the Supreme Court would have happily voted to toss out enough votes to provide a Republican victory. We shouldn’t feel sanguine about Biden’s clear victory.

We saw this in Wisconsin. Their Supreme Court just had a couple of 4-3 decisions on ridiculous cases brought by Trump, cases that argued for decisions that would be contrary to their constitution. Three of the four Republican judges voted with Trump anyway. Fortunately, one Republican judge actually cared a little about the law. That’s just too close.

And Politico is reporting that Rep. Mo Brooks, (R-AL) plans to challenge the Electoral College votes when Congress moves to certify Joe Biden’s victory on January 6. He’s looking for a Senator to join his challenge, though he noted that doing so would largely be a symbolic, and not practical, undertaking.

Time to wake up America! Our democracy is hanging by a thread. Despite Biden receiving more votes than any other president, despite getting the largest vote percentage against an opponent since 1932 (when Roosevelt defeated Hoover), Trump is still trying to overturn the election. And most Republicans are silent or looking the other way, hoping Trump succeeds.

To help you wake up, listen to Elvin Bishop and Charlie Musselwhite perform “What the Hell” which they released in August. You get Charlie’s harmonica and Elvin’s guitar. It’s a protest song for our times:

Here are their great lyrics:

Look at the shape, the shape the Nation’s in
This situation is a shame and a sin
I want to know, how could a good thing go so wrong?
Tell me, what the hell is going on?

Sometimes I don’t know whether to cry or laugh
Half the people in this country can’t stand the other half
I want to know, why can’t we halfway get along?
People, people, what the hell is going on?

He is the president but wants to be the king
Know what I like about the guy? Not a goddamn thing
I want to know, how can four years seem so long?
Lord have mercy, what the hell is going on?

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