Quote of the moment: Judge Richard Posner, on tradition and marriage

August 27, 2014

Judge Richard Posner, 7th Circuit, U.S. Court of Appeals

Judge Richard Posner, 7th Circuit, U.S. Court of Appeals

“It was tradition to not allow blacks and whites to marry — a tradition that got swept away.”

Federal appeals court Judge Richard Posner, balking when Wisconsin Assistant Attorney General Timothy Samuelson repeatedly pointed to “tradition” as the underlying justification for barring gay marriage.

Two states attorneys general argued before a panel of judges on the 7th U.S. Circuit Court of Appeals in Chicago yesterday that marriage between members of the same gender should be stopped because of tradition.  AP’s story explains what happened.

While judges often play devil’s advocate during oral arguments, the panel’s often-blistering questions for the defenders of the same-sex marriage bans could be a signal the laws may be in trouble — at least at this step in the legal process.

Richard Posner, who was appointed by President Ronald Reagan in 1981, hit the backers of the ban the hardest. He balked when Wisconsin Assistant Attorney General Timothy Samuelson repeatedly pointed to “tradition” as the underlying justification for barring gay marriage.

“It was tradition to not allow blacks and whites to marry — a tradition that got swept away,” the 75-year-old judge said. Prohibition of same-sex marriage, Posner said, derives from “a tradition of hate … and savage discrimination” of homosexuals.

Posner is one of those guys who gives us hope for the human race, and hope especially for that branch of the human race known as Homo americanus ssp. ordinarius.

Appointed to the bench by Ronald Reagan, Posner is widely recognized as one of the brightest and most engaging judges in the U.S. today.  That’s a sop to all the rest, to call him “one of ” the brightest — to avoid making everybody else give up hope.

But he’s outspoken enough that most legal scholars agree he’d never survive a hearing to take a place on the U.S. Supreme Court.  The late Sen. Roman Hruska’s revenge, that we can’t get the best and the brightest on our highest court.

Posner is not content to sit on the bench and make high pronouncements.  He pushes America, courts and lawyers, to be better.  He teaches at the University of Chicago Law School (in a position not unlike that the young Barack Obama had).  Posner’s high-flying comment-on-anything-important style got cut back in the past few months when his blogging partner died — Nobel-winning economist Gary S. Becker.

It must be agony to be a lawyer defending a pointless, silly and destructive law, to a panel that includes Richard Posner.

Arun With a View captured the reasons Posner strikes fear in conservatives, despite his being a Ronald Reagan conservative.

Sketch of Judge Richard Posner by the late David Levine

Sketch of Judge Richard Posner by the late David Levine

NPR has a delicious interview with Richard Posner. Money quote

“I’ve become less conservative since the Republican Party started becoming goofy,” [Posner] said.

And this

“Because if you put [yourself] in [John Roberts'] position … what’s he supposed to think? That he finds his allies to be a bunch of crackpots? Does that help the conservative movement? I mean, what would you do if you were Roberts? All the sudden you find out that the people you thought were your friends have turned against you, they despise you, they mistreat you, they leak to the press. What do you do? Do you become more conservative? Or do you say, ‘What am I doing with this crowd of lunatics?’ Right? Maybe you have to re-examine your position.”

Listen to it here and enjoy.

Tip of the old scrub brush to Texas Freedom Network’s emails — probably on the blog sometime soon.

Yes, I read Posner despite his errors, getting hoaxed by the DDT/Rachel Carson hoaxsters. That just indicates the danger of the hoax and the need to correct it and stamp it out.

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“Some there are”: Antonin Scalia, rock music, and high school graduation in churches

June 17, 2014

Some there are—many, perhaps—who are offended by public displays of religion. Religion, they believe, is a personal matter; if it must be given external manifestation, that should not occur in public places where others may be offended. I can understand that attitude: It parallels my own toward the playing in public of rock music or Stravinsky. And I too am especially annoyed when the intrusion upon my inner peace occurs while I am part of a captive audience, as on a municipal bus or in the waiting room of a public agency.

Justice Antonin Scalia, dissenting to the Supreme Court’s denying to hear a case about high school graduations held in religious facilities, the denial of the writ of certiorari to Elmbrook vs. John Doe et al., 573 U.S. ______.

Justice Clarence Thomas joined Scalia in the dissent.

But, he argues, religion is protected by the First Amendment, our music choices are not.

Read the dissent (way down at the bottom).

Easter services at Elmbrook Church, in Brookfield, Wisconsin.

Easter services at Elmbrook Church, in Brookfield, Wisconsin.

I suppose to some, high school graduation ceremonies are a lot like being forced to listen to rap music at intersections.  To others, high school graduations may seem akin to religious experience.  Not sure either view means the ceremonies should be held in churches.

This case is 14 years in the justice system.

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Remembering the worst ever U.S. industrial accident, 1947: 576 dead at Texas City

April 16, 2014

April 16 marks the 67th anniversary of the Texas City Disaster.

It’s a day Texans, and all Americans should note.  It’s an event we need to remember, because every point of the disaster is something we forget at our very great peril.  Thinking such a disaster could not happen again, and failing to train for these same conditions, contributed to the disaster last year in West, Texas.

67 years ago, in the harbor at Texas City, a large cargo ship being loaded with tons of ammonium nitrate caught fire and exploded, setting fire to other nearby ships, one of which exploded, devastating much of the town. In all, 576 people died in Texas City on April 16 and 17, 1947.

View of Texas City from across the bay, in Galveston, April 16, 1947

View of Texas City from Galveston, across the bay, after the explosion of the French ship SS Grandchamp, April 16, 1947. Photo from International Association of Fire Fighters Local 1259

The incident also produced one of the most famous tort cases in U.S. history, Dalehite vs. United States, 346 U.S. 15 (1953). (Here is the Findlaw version, subscription may be required.)

The entire Texas City fire department was wiped out, 28 firefighters in all. The International Association of Fire Fighters, Local 1259 has a website dedicated to the history of the disaster, with a collection of some powerful photographs.

More below the fold. Read the rest of this entry »


Gun rights advocates stalking Texas women arguing for gun safety

November 12, 2013

You can’t find it much in Texas newspapers, though Steve Blow at the Dallas Morning News had a good piece about it today (he’s a columnist, not a news writer).

Texas “gun rights advocates” have been stalking people who argue for safety for school kids.  You could see photos of it in all sorts of blogs and websites — but silence from most Texas media.

Cops in Arlington, Texas, seem uninterested because, they say, it’s legal to wave guns around in Texas.

But it’s not legal to stalk, and the on-line photos and other coverage should be warning to those nuts giving gun owners a bad reputation:  Every dog gets one bite, every stalker gets one visit, and you just had yours.

Here’s the skinny:  Four women want to agitate for rational laws to protect their children and grandchildren.  They chat about it in even public places, like restaurants and Facebook.  Four of them met for lunch, at a restaurant in Arlington, Texas.  A bunch of gun idiots decided to show up to intimidate them, with guns “openly carried.”

It hit my e-mail inbox as “Wee Winkie Parade.”  Here’s the photo from Moms Demand Action:

Photo of the

Photo of the “Wee Winkie Parade,” posted at the Facebook site for Moms Demand Action.

Here are the photographs offered by the intimidating group, Open Carry Texas:

Open Carry Texas's Facebook photos of the Arlington, Texas, incident.

Open Carry Texas’s Facebook photos of the Arlington, Texas, incident.

What would a rational person think if a group of gun-carrying people showed up after announcing they were coming to crash your lunch?

Arlington Police, perhaps with some wisdom, didn’t make arrests (avoiding confrontations with people waving guns in public is often an act of good discretion).  They noted Texas law allows hunters and others to carry non-handguns openly, if no other violations of law are involved.

Arlington Police, and Open Carry Texas may want to familiarize themselves with Texas’s anti-stalking laws, as described by Texas Attorney General Greg Abbott.

Information on Stalking

You have the right to defend yourself against a stalker. This page lists strategies that can help shield you from stalking.  You do not deserve to be intimidated or terrified.

Questions About Stalking…

What is Stalking?

A stalker tries to control his or her victim through behavior or threats intended to intimidate and terrify. A stalker can be an unknown person, an acquaintance or a former intimate partner. A stalker’s state of mind can range from obsessive love to obsessive hatred. A stalker may follow a victim off and on for a period of days, weeks, or even years. A stalking victim feels reasonable fear of bodily injury or death to self or to a family or household member or damage to property. Stalking can be perpetrated by the stalker or by someone acting on her/his behalf. Stalking can take the form of verbal threats or threats conveyed by the stalker’s conduct, threatening mail, property damage, surveillance of the victim, or by following the victim.

How do I Know if I’m Being Stalked?

The stalker may, on more than one occasion:

  1. Follow the victim and/or victim’s family or household members, or
  2. vandalize the victim’s property, or
  3. inflict damage to property–perhaps by vandalizing the car, harming a pet or breaking windows at the victim’s home, or
  4. make threatening calls or send threatening mail, or
  5. drive by or park near the victim’s home, office, and other places familiar to the victim.

Terroristic Threat

What is a terroristic threat?

Terroristic Threat is a penal code offense (Section 22.07). A person commits the offense of Terroristic Threat if he or she threatens to commit any offense involving violence to any person or property with the intent to place a person in fear of imminent serious bodily injury.  Penalty: Class B misdemeanor.

Texas Stalking Law

The law on stalking can be found in Section 42.072 of the Texas penal code.

How is stalking proven?

  1. Intent of stalker: Stalker has the intent or the knowledge that his/her actions will instill fear of death or bodily injury to the victim or a member of the victim’s family or household. Threats can be explicit (e.g.-stating that he is going to kill the victim) or implied (e.g.-veiled threats, hurting the family pet). Threats have to be aimed at a specific person; they cannot be general threats. Threats may be conveyed by the stalker or by someone acting on behalf of the stalker.
  2. Conduct of stalker: Conduct has to occur on more than one occasion and be directed towards the victim and/or the victim’s family or household members. More than one police report is not required. The acts may include threatening contact by mail or by phone, or damaging the victim’s property.

Penalty: Third Degree Felony- unless there is a prior conviction for stalking, in which case the penalty is upgraded to a 2nd degree felony.

If You Are Being Stalked…

NOTIFY THE LOCAL LAW ENFORCEMENT AND PROSECUTOR’S OFFICES. All stalking incidents should be reported to the police. Request that each incident be documented. Request a copy of the report from your local law enforcement agency. Give police any written correspondence and report any phone threats. Put dates received on all correspondence from the stalker. Know the name of the law enforcement officer in each incident.

KEEP A DIARY. Obtain the names and addresses of witnesses. Complete records are essential to the successful prosecution of stalking cases. Write a description of each incident.

GET A PROTECTIVE ORDER if you are related to the stalker by blood or marriage, if you ever lived together, or if you have a child in common. To get a Pro Se Protective Order Packet call 800-777-3247. This packet will help you obtain a protective order barring the stalker from certain areas near your home, your work, or your child’s school. You can also review our Domestic Violence Protective Order Kit.

RECORD TELEPHONE CONVERSATIONS. Tell the stalker to stop calling and hang up. Screen your calls. Write down the time and date the stalker calls. Keep recorded messages and give them to law enforcement.

TAKE PICTURES OF THE STALKER. Take pictures of the stalker if it can be done safely and write time, date, and place on the back of each picture.

KEEP ALL CORRESPONDENCE. Make a copy of anything you receive from the stalker. Touching the letter as little as possible will preserve fingerprints.

TELL EVERYONE. Give friends, co-workers, and neighbors a description of the stalker. Ask them to document each time the stalker is seen by them.

Important Safety Measures

BE ALERT and aware of your surroundings, the people and things happening around you.

VARY ROUTES of travel when you come and go from work or home.

PARK SECURELY and in well-lit areas. Ask someone to escort you to your car.

BE AWARE of vehicles following you. If you are followed drive to a police station, fire depart-ment, or busy shopping center and sound the horn to attract attention.

ALERT MANAGERS or security at your place of business. Provide a picture or description of the stalker.

HAVE A SECURITY CHECK MADE by law enforcement of your home to ensure your home can be locked safely. Secure all doors and windows in both your home and vehicle.

MAINTAIN AN UNLISTED NUMBER. If Caller ID is available in your area, obtain the service for your phone.

DO NOT DISMISS ANY THREAT, written or verbal. Call the police or sheriff ‘s department and save any documentation.

MAINTAIN PRIVACY, never give out personal information to anyone where the information can be overheard. Remove phone number and social security number from as many items as possible.

DEVELOP A SAFETY PLAN for yourself and family members in case of emergency. Decide on a safe place to meet and someone to call if problems do arise.
Revised: November 08 2012

Dallas’s Mayor campaigns for an end to violence against women.  Perhaps Moms Demand Action should move their lunches to Dallas.

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About Florida

July 14, 2013

I don’t know.  It seems a little extreme.

But I don’t see anybody trying to stop Bugs.  Bugs Bunny, Florida, Zimmerman Trial, Stand Your Ground

Bugs Bunny deals with Florida

Undoubtedly copyrighted by Warner Bros. This is fair use. Thanks to Coyote Crossing.

Tip of the old scrub brush to Chris Clarke at Coyote Creek.

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A depiction of Bugs Bunny's evolution through ...

A depiction of Bugs Bunny’s evolution through the years. Regardless how Bugs looks, he usually reflects some of the more popular views of the day. Wikipedia image


Somewhere in your neighborhood tonight, a teacher is working . . .

May 11, 2013

Somewhere tonight a teacher is grading

. . . and noting the quote mark should be outside the comma, “free time,” but grading on the thought and not the punctuation, this time. From The Teachers’ Room on Facebook.

And in Texas, Attorney General Greg Abbott , the Tea Party, and CSCOPE critics are scheming to get that teacher fired, calling him or her a “communist,” mischaracterizing his or her religion as Islam instead of the Baptist he or she has been all his life, and claiming she or he is trying to tear down America for Obama, despite having voted Republican in every presidential election since he could vote.

He (or she) doesn’t need your sympathy.  He needs justice, and he needs you to help your children with their homework, and read to them and support them in learning about life.  Justice probably won’t come the teacher’s way, but he or she will consider it a good deal if your child learns, and does well.

Could we stop with the injustice, though?

 


Prisons, or schools? Prisons, or mental health care? Prisons, or freedom?

December 19, 2012

Here’s one from a maybe-odd source, but with relatively good citations.

If we have limited money to spend in government, can we put spending on a balance to see where it should be spent?  This is one example out of many pending before the U.S. Congress and state legislatures, today — right now, and for the coming several months.  When you hear elected representatives say “we must cut spending to reduce deficits,” you need to understand that their proposal is to cut spending for education, for job training, for employment assistance, for unemployment payments, for health care, for mental health care, for drug rehabilitation programs, but generally NOT for incarceration programs.  In short, they are saying we must cut off the education of poor kids, to build jails to house them if they run afoul of the criminal justice system after being unable to get the education and training to get a job that will produce the income that would have made them great parents and taxpayers.

If we have limited money to spend in government, can we put spending on a balance to see where it should be spent?

  • Prisons, or schools?
  • Prisons, or mental health care?
  • Prisons, or drug rehabilitation?
  • Justice, or incarceration?
No Justice For All poster, prisons vs. education - OnlineJusticeDegree.com

From OnlineJusticeDegree.com; check references listed on the chart.

What do you think?

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