Category: Supreme Court

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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Monday Wake Up Call – November 30, 2020

We’re back from our turkey-induced coma, but it’s hard to start a new week without our usual Sunday humor:

Yummy Thanksgiving pie:

Looking forward to the Inauguration:

This Thanksgiving, Biden thanked all the front line workers for all they have done. Trump thanked all of his lawyers.

Wrongo hadn’t realized that Trump has now spent more than an entire year of his term on a Trump property (418 days), and 307 days playing golf. Imagine how much more damage he could have done if he wasn’t so lazy.

Why is it so difficult for Americans to understand the threat to our society from Covid? From the WaPo: (emphasis by Wrongo)

“In nine states, more than 1 in 1,000 people have now died of coronavirus-related causes, while daily covid-19 deaths nationwide are climbing to levels not seen since early in the pandemic.”

A few long-reluctant Republican governors recently adopted statewide mask orders and stricter social distancing measures. But not all: For example, Florida Gov. Ron DeSantis (R), last Tuesday extended an executive order that bans city and county governments from enforcing mask ordinances or limits on restaurant capacity. South Dakota’s governor Kristi Noem (R) is still resisting any kind of mask mandate. Nebraska’s governor Pete Ricketts (R) again stated his opposition to mask mandates, while Nebraska’s rural hospitals are nearly at capacity, as are bigger cities, like Lincoln.

White, rural American states are late to the pandemic’s deadly impact – partly due to how physically distant their residents are, by definition. But rural states have the smallest margin for error in terms of health care infrastructure. Their lack of ICU capacity combined with their relative inability to handle delivering the new vaccines when they become available, may see rural Trump-loving Americans take a much harder hit than they expected from Covid.

The exact criteria for who will be first in line won’t be defined until immediately after a vaccine is authorized. But the pressure’s on: The WSJ reported that United Airlines is already flying doses of Pfizer’s vaccine to points around the country in order to be prepared for distribution, if Pfizer wins government approval.

Think about the enormous pressure there is on the FDA to approve use of these vaccines. That approval starts with a meeting of its Vaccines and Related Biological Products Advisory Committee (VRBPAC). The FDA has scheduled a Committee meeting on Dec. 10 to discuss the request for emergency use authorization of Pfizer’s vaccine.

As of now, the FDA hasn’t made the names of Committee members’ public. But imagine if there are a few Committee members who disagree that the vaccine should be made available immediately.

This recently happened with an Alzheimer’s drug. The FDA’s review division reported that the drug’s effectiveness data was “extraordinarily persuasive”.  But many on that drug’s Advisory Committee rejected the study, saying that the data showed the drug offered no significant improvement to patients.

Now, the FDA is not required to follow the recommendations of its outside advisors, but it often does. So what happens if the Pfizer Committee has a split decision?

Finally, the Supreme Court’s decision in a Covid case about whether or not a state official could close down places of worship in order to stop the spread of a deadly disease, seems out of step with where we are in America. They ruled that restrictions previously imposed on New York places of worship by Gov. Andrew Cuomo (D) during the coronavirus pandemic violated the First Amendment.

That’s a huge shift since Coney Barrett joined the court. In a similar case earlier this year, the court declined to lift pandemic restrictions in California and Nevada when Ruth Bader Ginsburg was alive.

But the longer term issue isn’t the possible infringement of individual religious liberty. It’s how the American Right wants to expand it so that religious people can ignore just about any law they don’t like.

The problem with this decision is that it expands an individual right to a communal right. A religious person should be able to follow their faith, but once you start giving religious communities separate rights, you’ve weakened the rule of law.

Your exercise of a right shouldn’t impose unreasonable burdens on others. But Conservatives want to treat religion as having a higher level of rights then others’ individual rights, and this isn’t right.

Time to wake up America! The fault lines of our society have been exposed by Covid and the Republican response to it. To help you wake up, listen to a cover version of Bob Marley’s “Redemption Song” by cellist Sheku Kanneh-Mason and his siblings. He became an instant sensation after his cello performance at the royal wedding of Prince Harry and Megan Markle. Watch it, you won’t be dissapointed:

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Nevada Is The Key

The Daily Escape:

Change of seasons, Groton MA – November 2020 photo by scojo415

As Wrongo writes this, there isn’t a winner in the 2020 presidential election. Of the 538 electoral votes, the candidates have been awarded 478 of them, with 60 still up for grabs in five states. Currently it’s Biden with 264 and Trump with 214 electoral votes.

A high turnout election was supposed to favor Democrats, according to the pundits. But we just had the highest voter turnout in a century, with Trump receiving even more votes than last time. And the race is closer than it’s been in a very long time.

There was a point on election night 2020 that Wrongo had the same bad feeling that he had on the Clinton vs. Trump election night in 2016. An awful feeling that everything he thought he knew about the election was wrong. How could so many people who have had 4 years’ experience with Trump and with all of the damage and dysfunction he brought, say “Sure, I totally want that guy to be my president again”?

As of now, Biden seems to have the better chance to win, but it would be the narrowest of victories. He has 264 electoral votes and is leading in Nevada, worth 6 electoral votes. This means the election could come down to Biden flipping Nevada, or Trump holding it. Nevada says there will be no update until Thursday, 10am PST. If Biden holds on to his slim lead, that would give him exactly 270 electoral votes, with no margin for error.

There’s plenty of danger ahead. If Biden has 270 votes, just one faithless Biden elector would mean a 269-269 tie, throwing the election to the House. That would mean a Trump victory, since each state delegation gets one vote each, so the fact that the Democrats once again have more votes, runs up against the Wisdom of the Framers.

Trump is in federal court trying to get Michigan to stop counting votes. He’s also asked the US Supreme Court to intervene in the Pennsylvania vote count, saying exactly what the campaign lost with earlier at the Supreme Court. BTW, ballot-counting in Philadelphia is being livestreamed.

It may be weeks before we know the final results, something that happens routinely in our built-by-hand electoral system. But it seems to be turning into a legal war.

When all the votes are counted, more than 70 million Americans will have voted for Trump. Even if Biden wins, America didn’t repudiate Trumpism. Republicans will keep control of the Senate. And while the Democrats will still control the House, they’ve lost seats.

A long election night was signaled early with Biden’s horrific performance in Florida’s Miami-Dade County, where Biden apparently won by seven percentage points. In 2016, Hillary won it by nearly 30, so the scrounging by Biden for red state electoral votes began early.

It’s worth noting that while Florida went for Trump, they also voted overwhelmingly (61%-39%) for a $15/hour minimum wage. Florida’s “Amendment 2” raises the state’s minimum wage to $15 by 2026.

This shows how politics is shifting in America: The $15 minimum wage is a key part of the Democratic Party’s platform. But, it didn’t help Biden in Florida, where he ran well behind the Amendment with about 48% of the vote. There’s growing evidence that people who hate the cultural left actually like the policies of the economic left.

Democrats believed that donating huge sums of money was a proxy for grass-roots organizing. Most swing state Democratic candidates vastly outraised their Republican opponents, but there’s little to show for it now that the votes are in.

In 2020 Democrats ran to the center, after a primary season trying to run to the left. And it looks like they’ll win the White House, while visibly struggling in both Houses of Congress. How should we grade their results, or the results of the Republicans, if their incumbent president loses?

What should the election post-mortems for each Party say are their strengths and weaknesses, looking towards the 2022 mid-terms and the 2024 presidential election?

What will the Parties say about how the political polling could be so wrong for a second straight time? Will Democrats finally learn not to rely on it?

In closing, change is coming. It’s not as fast as we’d like, but much of that’s on us.

Wrongo is reminded of the Rolling Stones song, “You Can’t Always Get What You Want” from their 1969 album “Let It Bleed”. Back in the 1960s the song referenced love, politics, and drugs. In 2020, it resonates about how our expectations often exceed what we deserve.

Chorus: “You can’t always get what you want, but if you try sometimes, you might find, you get what you need.”

Just like puppies. They want treats all the time, but it’s kibble that helps them grow, and stay healthy.

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Sunday Cartoon Blogging – 48 Hours to Go Edition, November 1, 2020

Just 48 hours to go.

Has anyone else noticed that since his impeachment, Trump has lost a step? He no longer speaks about fighting the system, or his accomplishments. It’s all about how he’s been ganged up on, and mistreated. Maybe impeaching him wasn’t a complete failure after all.

We’ll see in two days if the blame game was a winning strategy:

It may be hopeful news or maybe just a deep fake, but several outlets are reporting that Trump has canceled his election night party. The party was to be held at the Trump International Hotel in Washington DC, but instead, he’ll party at the White House.

But here’s a good reason to be nervous. Forbes reports that the Post Office is failing to deliver on time in key places:

“Battleground states in the presidential election are suffering from some of the worst ballot delivery delays in the country….and with state laws or court rulings requiring mail-in ballots to be received by Election Day, several states face a particularly high risk of voters having their ballots arrive too late to count, potentially impacting close races.”

Every Vote should be counted! Shouldn’t the Supreme Court support that?

Since January, the GOP has filed more than 230 lawsuits about voting:

Not all the gravestones are about Halloween:

The ghost of elections past:

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