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Feb 15th, 2016 6:04 pm |
By Ophelia Benson
California Lawyer published an interview with Scalia in January 2011.
In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don’t think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we’ve gone off in error by applying the 14th Amendment to both?
Yes, yes. Sorry, to tell you that. … But, you know, if indeed the current society has come to different views, that’s fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It
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10 comments
Feb 15th, 2016 5:53 pm |
By Ophelia Benson
MSNBC offers a predicted candidate for Scalia’s seat:
A leading Supreme Court analyst thinks Attorney General Loretta Lynch is the “most likely candidate” to replace the late conservative Justice Antonin Scalia.
Tom Goldstein, who runs the influential SCOTUSblog, had earlier predicted Ninth Circuit Judge Paul Watford would make the top of President Obama’s short list. But in a revised blog post, Goldstein said he now believes Lynch is the leading contender.
Here’s the thing: she’s a career prosecutor, so the Republicans will look silly claiming she’s too squishy-liberal.
Lynch would be the first black woman ever nominated to the nation’s highest court — and the GOP would have a political problem during an election year if the
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Feb 15th, 2016 4:23 pm |
By Ophelia Benson
In 2013 Mother Jones collected some opinions of Scalia’s on people who are not straight.
In his dissent in Lawrence, Scalia argued that moral objections to homosexuality were sufficient justification for criminalizing gay sex. “Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children’s schools, or as boarders in their home,” he wrote. “They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive.” Some people think obesity is immoral and destructive—perhaps New York Mayor Michael Bloomberg should have imprisoned people who drink sugary sodas rather than trying to limit the size of
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Tags: Scalia
Feb 15th, 2016 1:06 pm |
By Ophelia Benson
It’s everywhere. Stephen Fry has quit Twitter because he’s fed up with the rage-storms.
Bafta show host Stephen Fry has confirmed he has left Twitter declaring “the fun is over”.
He faced criticism online after comparing costume designer Jenny Beavan to a “bag lady” when she picked up her Bafta for Mad Max: Fury Road.
The Beeb includes the clip in which Jenny Beavan accepted the award and the one in which Fry made his joke. It would be mean if they were strangers and if he weren’t there to make jokes like that about everyone – but they’re not and he was. They’re friends, and he was there to tease all the people.
Fry has been presenting the Bafta
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2 comments
Feb 14th, 2016 4:47 pm |
By Ophelia Benson
I haven’t said anything here about the stroke Richard Dawkins suffered last weekend, because I figured any sympathy I expressed would sound fake. The reality is that I never wished illness or disability on him, and I’m sorry that it’s happened to him. It’s much the same with Scalia – I was and am ecstatic that he’s not on the court any more, but I would have been fine with retirement as opposed to death. I would have been ecstatic if Dawkins had decided to stop jeering at feminism and Muslim schoolboys on Twitter, and to be a better person instead. I would much have preferred that. But that’s not what happened.
Matthew Facciani at Patheos quotes from a recording … Read the rest
Posted in Notes and Comment Blog |
59 comments
Feb 14th, 2016 12:05 pm |
By Ophelia Benson
Conor Friedersdorf at the Atlantic on the senators who are vowing to refuse to do their job:
Is it legitimate for the Republican-controlled Senate to refrain from confirming a replacement for the late Supreme Court justice until a new president is elected, as Ted Cruz, Marco Rubio, Ben Carson and others on the right have urged? Or does the Senate have an obligation to approve a qualified nominee put forth by President Obama, as many on the left argued as soon as news of the death broke?
No, and yes.
He quotes Ted Cruz tweeting a ridiculous claim:
Justice Scalia was an American hero. We owe it to him, & the Nation, for the Senate to ensure that the
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9 comments
Tags: Supreme Court
Feb 14th, 2016 11:47 am |
By Ophelia Benson
From the US Senate Judiciary Committee:
When a vacancy occurs on the Supreme Court, the President of the United States is given the authority, under Article II of the United States Constitution, to nominate a person to fill the vacancy. The nomination is referred to the United States Senate, where the Senate Judiciary Committee holds a hearing where the nominee provides testimony and responds to questions from members of the panel. Traditionally, the Committee refers the nomination to the full Senate for consideration.
I don’t see anything there stipulating exceptions for a boycott or a sitdown strike or a refusal or a right to take a year-long vacation first. I don’t see any “unless the Committee or the Senate … Read the rest
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Tags: Supreme Court
Feb 14th, 2016 11:24 am |
By Ophelia Benson
John Cassidy at the New Yorker:
Around 4:30 P.M. Eastern time on Saturday, the San Antonio Express-News broke the news of the death of Antonin Scalia, the conservative Supreme Court Justice. Within a few hours, the Republican Party had placed itself on a trajectory that, if isn’t reversed, could throw the Presidential election to the Democrats.
In apparent contravention of precedent and the U.S. Constitution, the leader of the Republican majority in the U.S. Senate, Mitch McConnell, said that President Obama shouldn’t be allowed to name a replacement for Scalia. “The American people should have a voice in the selection of their next Supreme Court Justice,” McConnell said in a statement posted on his Facebook page. “Therefore, this vacancy
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Feb 14th, 2016 10:43 am |
By Ophelia Benson
A United Nations Population Fund report finds that more than half of teenage girls in Pakistan think men get to beat up women if they’re married to them. The Independent reports:
Refusing sex was just one of the reasons girls aged between 15 and 19 believed a husband would be justified in beating his wife, while more than 30 per cent of girls of the same age had already experienced physical or sexual violence in Pakistan.
The web of beliefs that must underlie that one is so depressing – that men own women, that marriage is the ownership of a woman (or women) by a man, that women are passive objects meant to be owned by men, that women … Read the rest
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4 comments
Feb 14th, 2016 9:59 am |
By Ophelia Benson
Once again my credulity takes a beating, and nearly crumples under the blows. The LGBT officer of the National Union of Students has been emailing people to tell them she won’t share a platform with…wait for it…Peter Tatchell.
Peter Tatchell.
The Observer yesterday:
The emails from the officer of the National Union of Students were unequivocal. Fran Cowling, the union’s lesbian, gay, bisexual and transgender (LGBT) representative, said that she would not share a stage with a man whom she regarded as having been racist and “transphobic”.
That the man in question is Peter Tatchell – one of the country’s best-known gay rights campaigners, who next year celebrates his 50th year as an activist – is perhaps a
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Tags: Peter Tatchell
Feb 13th, 2016 5:57 pm |
By Ophelia Benson
The Republicans have been stonewalling lower court judges. Politico last July:
The GOP-controlled Senate is on track this year to confirm the fewest judges since 1969, a dramatic escalation of the long-running partisan feud over the ideological makeup of federal courts.
The standoff, if it continues through the 2016 elections as expected, could diminish the stamp that President Barack Obama leaves on the judiciary — a less conspicuous but critical part of his legacy. Practically, the makeup of lower-level courts could directly affect a number of Obama’s policies expected to face legal challenges from conservatives.
They’ve been breaking the government, in short.
Republicans appear willing to absorb criticism that they’re interfering with the prerogative of a president to pick
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11 comments
Feb 13th, 2016 5:20 pm |
By Ophelia Benson
Already.
Republicans Vow to Block Obama Replacing Scalia on High Court
U.S. Senate Majority Leader Mitch McConnell vowed to block President Barack Obama in his remaining months in office from replacing Antonin Scalia on the Supreme Court, a direct challenge to the White House that is certain to roil the 2016 presidential campaign.
“The American people should have a voice in the selection of their next Supreme Court Justice,” McConnell, a Kentucky Republican, said in a statement shortly after Scalia’s death was made public. “Therefore, this vacancy should not be filled until we have a new president.”
That’s a ludicrous thing to say. We don’t have a direct voice, we have the indirect voice of voting for a presidential candidate. … Read the rest
Posted in Notes and Comment Blog |
11 comments
Feb 13th, 2016 4:52 pm |
By Ophelia Benson
Good teachers? We don’t need no stinkin’ good teachers.
Tom Porton is used to drama: Since arriving at James Monroe High School as an English teacher 45 years ago, he has taught and staged plays. Outside, in the Bronx River neighborhood where the school is, there was plenty of drama in the 1980s, when AIDS and crack ravaged the area. His response then was to establish a group of peer educators who worked with Montefiore Medical Center to teach teenagers about H.I.V. prevention. His efforts earned him awards, including recognition from the City Council and the John F. Kennedy Center for the Performing Arts, and led to his induction into the National Teachers Hall of Fame.
So therefore … Read the rest
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Feb 13th, 2016 2:49 pm |
By Ophelia Benson
Wow.
Scalia is dead.
An outspoken opponent of abortion, affirmative action and what he termed the “so-called homosexual agenda,” Justice Scalia’s intellectual rigor, flamboyant style and eagerness to debate his detractors energized conservative law students, professors and intellectuals who felt outnumbered by liberals in their chosen professions.
Sloppy writing, because it’s not Scalia’s rigor, style and eagerness that were an outspoken opponent of abortion and the rest, but we get the idea.
This is huge.… Read the rest
Posted in Notes and Comment Blog |
14 comments
Tags: Scalia, Supreme Court
Feb 13th, 2016 10:54 am |
By Ophelia Benson
Among the things people shouldn’t waste their time doing: fretting about festivals and celebrations that come from other cultures and therefore are not local and Authentic. That’s especially true for government officials, and even more so when their fretting intensifies into forbidding.
The president of Pakistan for instance:
Pakistan’s president has denounced St Valentine’s Day, saying the festival has no connection with Pakistani culture and should be avoided.
President Mamnoon Hussain told students that it was a Western tradition and conflicted with Muslim culture.
So what? We can learn from each other’s cultures. I find over-the-top commercial Valentine stuff rather silly, but that’s just me. Let’s have celebrations of everything. It was Darwin day yesterday; maybe today could be birdwatching … Read the rest
Posted in Notes and Comment Blog |
12 comments
Feb 13th, 2016 9:34 am |
By Ophelia Benson
Now that’s how Malheur is supposed to be occupied.
The same day four final holdouts ended the armed occupation of a remote wildlife refuge in eastern Oregon, a new occupation was just getting underway.
According to two decades’ worth of federal data, Feb. 11 is, on average, the earliest date migrating tundra swans begin appearing at the Malheur National Wildlife Refuge, exiting the Pacific Flyway to rest in the vast wetlands of the high desert oasis.
Northern pintails have probably already arrived. Red-winged blackbirds, too. This weekend, expect snow geese, then killdeer and sandhill cranes. They will keep coming deep into May – fresh wing beats descending unarmed and unintimidated.
And not talking about freedom while stealing public land … Read the rest
Posted in Notes and Comment Blog
Feb 12th, 2016 4:03 pm |
By Ophelia Benson
PZ is recruiting new people to join Freethought Blogs.
So if you want to blog here, here’s what you do: send an email to ftbapplications@googlegroups.com, in which you give us this information:
Name
Contact email
Do you want your email public?
Twitter account, if any
Link for donations, if any
Links to your current blog, any biographical material, or best examples of your writing in comments or forums or other media
Why do you want to write for us?
It’s that easy. This is a private communication to the bloggers here; none of this information will be made public without your permission.
Good luck, applicants.
Serious applications will be examined for their suitability. Our requirements are simple: we
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38 comments
Feb 12th, 2016 3:20 pm |
By Ophelia Benson
Peter Walker is reporting from the no-longer-stolen Malheur NWR. He was allowed in with the journalists today and posted a bunch of photos. This one coupled with his commentary is very striking.
Peter Walker
An example of how things have changed. When I visited the refuge during the occupation, there were always armed militants in this fire tower. They watched everything and had their long guns ready. It was unnerving. Now it’s a fire tower again and getting near it doesn’t give me a sense of deep anxiety. An example of things getting back to some sanity.
Can you imagine? That’s a public facility, and that structure is a fire tower – for spotting wild fires. Armed men who … Read the rest
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3 comments
Feb 12th, 2016 11:13 am |
By Ophelia Benson
Kirk Siegler at NPR did a backgrounder on Cliven Bundy.
Bundy, who inspired the occupation of Malheur National Wildlife Refuge, was arrested at the airport in Portland, Ore., Wednesday night, apparently on his way to Malheur.
In a 32-page criminal complaint, prosecutors allege Bundy and his co-conspirators led a massive, armed assault against federal officers in April 2014 near the town of Bunkerville, Nev.
Just like a cowboy movie!
“What’s at stake here? Freedom, liberty and statehood, that’s what’s at stake here,” Bundy told me when I visited his ranch in southeastern Nevada shortly after the 2014 standoff.
That hot summer day, Bundy sat between two bodyguards. Photos of his 14 children and framed Mormon scripture hung on the
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Tags: Cliven Bundy
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