11/19/2005
I don't think that I have previously posted a plug for a movie, but if you are at all a Johnny Cash fan (and even if you are not), you really must go see the new movie "Walk the Line." Great performances. Great Story. Great music.
11/18/2005
11/17/2005
Washington Times gets it wrong on guns
In fact, while DC's murder rate was 26.8 in 1976 it rose to 27.8, 28, 27.4 31.5 and 35.1 in the following five years and while it has gone up and down since then, the murder rate after 1976 has only once fallen below what it was in 1976. DC's murder rate numbers are available here.
Pennsylvania Gov. Ed Rendell in Trouble in the Polls
Ever since I had a debate with Gov. Ed Rendell when he was then mayor of Philadelphia, he has not been one of my favorite people. In any case, it is interesting to see that the latest opinion polls in Pennsylvania show that his "favorable ratings are nearly as high as his unfavorables -- 39 to 38 percent -- according to a Franklin & Marshall College Keystone Poll of 1,145 Pennsylvanians . . . ." Donald Lambro, writing for the Washington Times, notes that " is in a statistical dead heat with Mr. Scranton, who just 3 points behind -- 44 to 41 percent. Mr. Swann is 4 points behind, 47 to 43 percent. These are astonishing numbers at this early stage in the election cycle, suggesting a prominent Democratic governor from a major electoral state is in danger of being knocked off by the Republicans."
Possibly all this is not too surprising given Rendell's support for the very unpopular salary increase for state officials (it was just rescinded) and his constant budget vetos eventually forcing through a significant income tax increase, though he wanted an even bigger one.
Possibly all this is not too surprising given Rendell's support for the very unpopular salary increase for state officials (it was just rescinded) and his constant budget vetos eventually forcing through a significant income tax increase, though he wanted an even bigger one.
Labels: Rendell
11/16/2005
Evaluating the impact of gun control: Something to keep in mind
Gary Mauser has a useful piece about why you should look at total murders and suicides and not simply those cuased by guns. I have made this point before, but Gary does a good job discussing this.
Democrats statements about WMDs/Iraq
Collected in one place here are a lot of quotes about what Democrats said early on about the threat that Sadam Hussein poised. At the end of the list are statements discussion what various intelligence services believed about WMDs and the threat posed by Hussein..
UPDATE: While overseas in DUBAI, United Arab Emrates,, Bill Clinton announced that "[The War] was a big mistake. The American government made several errors ... one of which is how easy it would be to get rid of Saddam and how hard it would be to unite the country." .
UPDATE: While overseas in DUBAI, United Arab Emrates,, Bill Clinton announced that "[The War] was a big mistake. The American government made several errors ... one of which is how easy it would be to get rid of Saddam and how hard it would be to unite the country." .
11/15/2005
Copy of radio interview debate on KUOW in Seattle
An MP3 version of the debate is available here. My discussion only starts at about 40 minutes after the hour.
My article on Brazil's vote, which was the focus of our discussion, is available here.
My article on Brazil's vote, which was the focus of our discussion, is available here.
Judge Sam Alito on Abortion compared to Some Liberals
Yesterday much was made of Alito's 1985 statement that "the Constitution does not protect a right to an abortion"
This last weekend at the Federalist Society meeting, Cass Sunstein made some brief remark about Roe not being rightly decided. But here are some other quotes that I have:
Laurence Tribe — Harvard Law School. Lawyer for Al Gore in 2000.
“One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.”
“The Supreme Court, 1972 Term—Foreword: Toward a Model of Roles in the Due Process of Life and Law,” 87 Harvard Law Review 1, 7 (1973).
Jeffrey Rosen — Legal Affairs Editor, The New Republic
“In short, 30 years later, it seems increasingly clear that this pro-choice magazine was correct in 1973 when it criticized Roe on constitutional grounds. Its overturning would be the best thing that could happen to the federal judiciary, the pro-choice movement, and the moderate majority of the American people.
….
“Thirty years after Roe, the finest constitutional minds in the country still have not been able to produce a constitutional justification for striking down restrictions on early-term abortions that is substantially more convincing than Justice Harry Blackmun’s famously artless opinion itself. As a result, the pro-choice majority asks nominees to swear allegiance to the decision without being able to identify an intelligible principle to support it.”
“Worst Choice” The New Republic February 24, 2003
John Hart Ely — Yale Law School
l
Roe “is not constitutional law and gives almost no sense of an obligation to try to be.”
….
“What is frightening about Roe is that this super-protected right is not inferable from the language of the Constitution, the framers’ thinking respecting the specific problem in issue, any general value derivable from the provisions they included, or the nation’s governmental structure. Nor is it explainable in terms of the unusual political impotence of the group judicially protected vis-à-vis the interest that legislatively prevailed over it.… At times the inferences the Court has drawn from the values the Constitution marks for special protection have been controversial, even shaky, but never before has its sense of an obligation to draw one been so obviously lacking.”
“The Wages of Crying Wolf: A Comment on Roe v. Wade,” 82 Yale Law Journal, 920, 935-937 (1973).
Ruth Bader Ginsburg — Associate Justice of the U.S. Supreme Court
“Roe, I believe, would have been more acceptable as a judicial decision if it had not gone beyond a ruling on the extreme statute before the court. … Heavy-handed judicial intervention was difficult to justify and appears to have provoked, not resolved, conflict.”
North Carolina Law Review, 1985
UPDATE: One should always consider that ninth amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
This last weekend at the Federalist Society meeting, Cass Sunstein made some brief remark about Roe not being rightly decided. But here are some other quotes that I have:
“One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.”
“The Supreme Court, 1972 Term—Foreword: Toward a Model of Roles in the Due Process of Life and Law,” 87 Harvard Law Review 1, 7 (1973).
Jeffrey Rosen — Legal Affairs Editor, The New Republic
“In short, 30 years later, it seems increasingly clear that this pro-choice magazine was correct in 1973 when it criticized Roe on constitutional grounds. Its overturning would be the best thing that could happen to the federal judiciary, the pro-choice movement, and the moderate majority of the American people.
….
“Thirty years after Roe, the finest constitutional minds in the country still have not been able to produce a constitutional justification for striking down restrictions on early-term abortions that is substantially more convincing than Justice Harry Blackmun’s famously artless opinion itself. As a result, the pro-choice majority asks nominees to swear allegiance to the decision without being able to identify an intelligible principle to support it.”
“Worst Choice” The New Republic February 24, 2003
John Hart Ely — Yale Law School
l
Roe “is not constitutional law and gives almost no sense of an obligation to try to be.”
….
“What is frightening about Roe is that this super-protected right is not inferable from the language of the Constitution, the framers’ thinking respecting the specific problem in issue, any general value derivable from the provisions they included, or the nation’s governmental structure. Nor is it explainable in terms of the unusual political impotence of the group judicially protected vis-à-vis the interest that legislatively prevailed over it.… At times the inferences the Court has drawn from the values the Constitution marks for special protection have been controversial, even shaky, but never before has its sense of an obligation to draw one been so obviously lacking.”
“The Wages of Crying Wolf: A Comment on Roe v. Wade,” 82 Yale Law Journal, 920, 935-937 (1973).
Ruth Bader Ginsburg — Associate Justice of the U.S. Supreme Court
“Roe, I believe, would have been more acceptable as a judicial decision if it had not gone beyond a ruling on the extreme statute before the court. … Heavy-handed judicial intervention was difficult to justify and appears to have provoked, not resolved, conflict.”
North Carolina Law Review, 1985
UPDATE: One should always consider that ninth amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Thomas Sowell Explains Some Basic Economics
Thomas Sowell asks whether discrimination can explain the high unemployment rate among French Muslims. Hint: labor market price regulations.
Let us go back a few generations in the United States. We need not speculate about racial discrimination because it was openly spelled out in laws in the Southern states, where most blacks lived, and was not unknown in the North.
Yet in the late 1940s, the unemployment rate among young black men was not only far lower than it is today but was not very different from unemployment rates among young whites the same ages. Every census from 1890 through 1930 showed labor force participation rates for blacks to be as high as, or higher than, labor force participation rates among whites. . . .
People who are less in demand -- whether because of inexperience, lower skills, or race -- are just as employable at lower pay rates as people who are in high demand are at higher pay rates. That is why blacks were just as able to find jobs as whites were, prior to the decade of the 1930s and why a serious gap in unemployment between black teenagers and white teenagers opened up only after 1950. . . .
The first federal minimum wage law, the Davis-Bacon Act of 1931, was passed in part explicitly to prevent black construction workers from "taking jobs" from white construction workers by working for lower wages. It was not meant to protect black workers from "exploitation" but to protect white workers from competition. . . .
The net economic effect of minimum wage laws is to make less skilled, less experienced, or otherwise less desired workers more expensive -- thereby pricing many of them out of jobs. Large disparities in unemployment rates between the young and the mature, the skilled and the unskilled, and between different racial groups have been common consequences of minimum wage laws. . . .
Yet in the late 1940s, the unemployment rate among young black men was not only far lower than it is today but was not very different from unemployment rates among young whites the same ages. Every census from 1890 through 1930 showed labor force participation rates for blacks to be as high as, or higher than, labor force participation rates among whites. . . .
People who are less in demand -- whether because of inexperience, lower skills, or race -- are just as employable at lower pay rates as people who are in high demand are at higher pay rates. That is why blacks were just as able to find jobs as whites were, prior to the decade of the 1930s and why a serious gap in unemployment between black teenagers and white teenagers opened up only after 1950. . . .
The first federal minimum wage law, the Davis-Bacon Act of 1931, was passed in part explicitly to prevent black construction workers from "taking jobs" from white construction workers by working for lower wages. It was not meant to protect black workers from "exploitation" but to protect white workers from competition. . . .
The net economic effect of minimum wage laws is to make less skilled, less experienced, or otherwise less desired workers more expensive -- thereby pricing many of them out of jobs. Large disparities in unemployment rates between the young and the mature, the skilled and the unskilled, and between different racial groups have been common consequences of minimum wage laws. . . .
Labels: Economics, MinimumWage
"Supreme Court lets stand ban on voting by felons"
Given that the constitution explicitly recognizes that felons can be denied the right to vote and that given there are also sorts of colateral penalties that felons suffer, the court cases that try to restore just this one particular right to felons have always puzzled me. I know that these criminals overwhelmingly vote for Democrats, but it has not seemed like the smartest political move for people like Senator Clinton to support murderers and rapists being able to vote.
The Supreme Court yesterday rejected a challenge to Florida's ban on voting rights for felons, letting stand a 137-year-old law that applies to both inmates and ex-convicts.
The justices offered no comment in deciding not to review the ban, similar versions of which apply in every state, except Maine and Vermont. . . .
The high court's refusal to hear the Florida voting rights case, meanwhile, was met with dismay by lawyers representing ex-convicts seeking the right to vote -- specifically those who have served their time and been released from jail.
"This is a sad day for our democracy," said Catherine Weiss, associate counsel for New York University's Brennan Center for Justice, the lead counsel in the case. "The court has not only missed an opportunity to right a great historic injustice, it has shut the courthouse door in the face of hundreds of thousands of disenfranchised citizens." The Brennan Center said the Florida law bars more than 600,000 people from voting.
The justices offered no comment in deciding not to review the ban, similar versions of which apply in every state, except Maine and Vermont. . . .
The high court's refusal to hear the Florida voting rights case, meanwhile, was met with dismay by lawyers representing ex-convicts seeking the right to vote -- specifically those who have served their time and been released from jail.
"This is a sad day for our democracy," said Catherine Weiss, associate counsel for New York University's Brennan Center for Justice, the lead counsel in the case. "The court has not only missed an opportunity to right a great historic injustice, it has shut the courthouse door in the face of hundreds of thousands of disenfranchised citizens." The Brennan Center said the Florida law bars more than 600,000 people from voting.
Busy day
Lots of radio interviews today from Vancouver to Indiana to Seattle plus a panel presentation at the Georgetown University Law School on Alito's nomination.
11/14/2005
Filibuster of Alito Becoming More Likely?
From yesterday's Meet the Press:
MR. RUSSERT: The Supreme Court...
DR. DEAN: Yes.
MR. RUSSERT: ...the president has nominated Sam Alito to the Supreme Court. Should the Democrats in the Senate--there's only 45 of them, but if they stayed together as a block...
DR. DEAN: Right.
MR. RUSSERT: ...they could filibuster and prevent Judge Alito from going to the Supreme Court. Should they?
DR. DEAN: I must say I rarely read editorials and I rarely agree with the ones I read. But The New York Times ran an editorial today which I think is very instructive for the Democratic Party. This could be a defining moment. Judge Alito is a hard-working man, a good family man, but his opinions are well outside the mainstream of American public opinion. He condones a strip-search of a 10-year-old when the police had no such warrant or indication to do so. He condoned the crafting of an all-white jury to hear a black defendant's case by a prosecutor. He condoned the states not having to listen to the Family Medical Leave Act. He condoned government interference in private family matters and family decision- making. This is well outside the mainstream of where Americans are. I think the Democrats are going to have to think long and hard as the hearings progress about whether we should support him. There's some grave questions about him, and I do hope that they will stick together.
From Sunday's New York Times:
Judge Samuel Alito has been working hard to win over moderate Democratic senators. But just as it would be irresponsible to reject his nomination to the Supreme Court without giving him a full hearing, it is unwise to embrace it - or rule out the possibility of a filibuster - until more is known. . . .
The Alito nomination comes at a critical moment for the Democratic Party. With President Bush's poll numbers plummeting, Democrats are finding a new optimism about their chances in 2006 and 2008. But to capitalize on the Republicans' weakness, the party needs to show that it has an alternative vision for the country. As the Democrats refine their message for next year's elections, the first thing they need to be able to say to the American people is that they did not sit by idly while the far right took over the Supreme Court and began dismantling fundamental rights and freedoms.
DR. DEAN: Yes.
MR. RUSSERT: ...the president has nominated Sam Alito to the Supreme Court. Should the Democrats in the Senate--there's only 45 of them, but if they stayed together as a block...
DR. DEAN: Right.
MR. RUSSERT: ...they could filibuster and prevent Judge Alito from going to the Supreme Court. Should they?
DR. DEAN: I must say I rarely read editorials and I rarely agree with the ones I read. But The New York Times ran an editorial today which I think is very instructive for the Democratic Party. This could be a defining moment. Judge Alito is a hard-working man, a good family man, but his opinions are well outside the mainstream of American public opinion. He condones a strip-search of a 10-year-old when the police had no such warrant or indication to do so. He condoned the crafting of an all-white jury to hear a black defendant's case by a prosecutor. He condoned the states not having to listen to the Family Medical Leave Act. He condoned government interference in private family matters and family decision- making. This is well outside the mainstream of where Americans are. I think the Democrats are going to have to think long and hard as the hearings progress about whether we should support him. There's some grave questions about him, and I do hope that they will stick together.
From Sunday's New York Times:
The Alito nomination comes at a critical moment for the Democratic Party. With President Bush's poll numbers plummeting, Democrats are finding a new optimism about their chances in 2006 and 2008. But to capitalize on the Republicans' weakness, the party needs to show that it has an alternative vision for the country. As the Democrats refine their message for next year's elections, the first thing they need to be able to say to the American people is that they did not sit by idly while the far right took over the Supreme Court and began dismantling fundamental rights and freedoms.
11/13/2005
911 tape of Susan Gaylord Buxton
A copy of part of Susan Gaylord Buxton's self defense that was overheard on the 911 call to police can be found here. The operator telling the granddaughter to stop her grandmother from shooting the gun is outrageous since the operator had no idea what was going on at the scene. The whole exchange just goes to show how much can happen while one is waiting for the police to arrive at a crime scene.