Sunday, September 16, 2018

California professor Christine Blasey Ford, writer of confidential Brett Kavanaugh letter, speaks out about sexual assault allegation - The Washington Post

Since news surfaced of allegations against Brett Kavanaugh of abusive conduct in high school 35 years ago it has not been possible to make any judgments about it.  But now the accuser has come forward.  Christine Ford is a psychologist and researcher at Palo Alto University. Her account appears to be highly credible. (You have to read the full report below.)

She describes drunken forceful groping by Kavanaugh at a party in a room with a buddy Mark Judge who later wrote a recovery memoir "Wasted: tales of a Gen X drunk".  The conclusion I draw from it is that Kavanaugh and his friend were hard drinking partiers in high school who when intoxicated were dangers to women and probably themselves.
Judge denies any recollection and Kavanaugh denies the incident entirely.  But her account makes the Kavanaugh denial insufficient.  Whether he remembers or not Ms.Ford's account demands a real response.  At least it seems that he must acknowledge that he knew her, that he sometimes drank to excess, and that he may not recall what he did when intoxicated.  And he owes a real apology.

Judge Kavanaugh now faces a deep test of character - how he responds to credible allegations of sexual misconduct in this moment of acute awareness. - gwc


California professor Christine Blasey Ford, writer of confidential Brett Kavanaugh letter, speaks out about sexual assault allegation - The Washington Post

Earlier this summer, Christine Blasey Ford wrote a confidential letter to a senior Democratic lawmaker alleging that Supreme Court nominee Brett M. Kavanaugh sexually assaulted her more than three decades ago, when they were high school students in suburban Maryland. Since Wednesday, she has watched as that bare-bones version of her story became public without her name or her consent, drawing a blanket denial from Kavanaugh and roiling a nomination that just days ago seemed all but certain to succeed.
Now, Ford has decided that if her story is going to be told, she wants to be the one to tell it.
Speaking publicly for the first time, Ford said that one summer in the early 1980s, Kavanaugh and a friend — both “stumbling drunk,” Ford alleges — corralled her into a bedroom during a gathering of teenagers at a house in Montgomery County.
While his friend watched, she said, Kavanaugh pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it. When she tried to scream, she said, he put his hand over her mouth.
“I thought he might inadvertently kill me,” said Ford, now a 51-year-old research psychologist in northern California. “He was trying to attack me and remove my clothing.”
Ford said she was able to escape when Kavanaugh’s friend and classmate at Georgetown Preparatory School, Mark Judge, jumped on top of them, sending all three tumbling. She said she ran from the room, briefly locked herself in a bathroom and then fled the house.
Ford said she told no one of the incident in any detail until 2012, when she was in couples therapy with her husband. The therapist’s notes, portions of which were provided by Ford and reviewed by The Washington Post, do not mention Kavanaugh’s name but say she reported that she was attacked by students “from an elitist boys’ school” who went on to become “highly respected and high-ranking members of society in Washington.” The notes say four boys were involved, a discrepancy Ford says was an error on the therapist’s part. Ford said there were four boys at the party but only two in the room.  

In the Red - Economic Anxiety Hurts Trump - | Democracy Fund Voter Study Group

In the Red | Democracy Fund Voter Study Group
by Robert Griffin (Public Religion Research Institute) & John Sides (George Washington University)
Key Findings
  • While the economic anxiety of “working-class” white people is often identified as a key driver in the ascent of President Donald Trump, our research shows how this theory breaks down in key ways.
  • Traditional methods of gauging economic concerns are far more reflective of political leanings than actual economic distress. In contrast, when asked detailed questions about the state of their personal finances and the experience of hardships, racial and ethnic minorities report experiencing more economic distress than white people do. For example, black people and Hispanics are more likely than white people to report difficulty making housing, loan, or credit card payments and to report insufficient savings.
  • This new measure of economic distress shows that working-class white people are not distinctively distressed relative to other groups. In fact, white Americans without a college degree report a lowerlevel of distress than college-educated black and Hispanic Americans. Non-white Americans report more economic distress at every level of income.
  • Unlike economic “anxiety” as traditionally measured, economic distress has a modest relationship with partisanship. If anything, Hillary Clinton voters report more economic distress than Donald Trump voters. Economic distress is more strongly correlated with support for liberal, not conservative, economic policies.
  • Among political independents, 52 percent of those experiencing relatively little distress approve of Trump, compared to 35 percent of those who are experiencing relatively significant distress. Genuine economic distress is arguably hurting, not helping, approval ratings of President Trump.

New York's Worst In the Country Voting System | Brennan Center for Justice

New York's Worst In the Country Voting System | Brennan Center for Justice

Not ready for prime time - right and left

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One of the strengths of litigation in our adversary system is that both law and reason require that any factual assertions  you make have a basis in, well, fact. 
Amazing how may political people don't grasp that.  There is nothing wrong with  acknowledging that you don't yet have the facts, or in stating your aspirations but...you gotta be ready:

-- [Fox News] CHRIS WALLACE, who received the Congressional Medal of Honor Society's "Tex" McCrary Award for Journalism on Saturday at the U.S. Naval Academy, spoke to  [FEMA Administrator Brock ] LONG on "FOX NEWS SUNDAY." WALLACE: "Simple, factual question: Do you dispute this number of 3,000 hurricane related deaths?"LONG: "Well, there are several different studies out there that are all over the place when it comes to death ... There's a lot of issues with numbers being all over the place. It's hard to tell what's accurate and what's not."
New England Journal of Medicine: Mortality in Puerto Rico after Hurricane Maria


-- [CNN's Jake] TAPPER also had ALEXANDRIA OCASIO-CORTEZ on "State of the Union": TAPPER: "Your platform has called for various new programs, including Medicare for all, housing as a federal right, a federal jobs guarantee, tuition-free public college, canceling all student loan debt.
"According to nonpartisan and left-leaning studies friendly to your cause, including the Center on Budget and Policy Priorities or the Tax Policy Center, the overall price tag is more than $40 trillion in the next decade. You recently said in an interview that increasing taxes on the very wealthy, plus an increased corporate tax rate, would make $2 trillion over the next 10 years. So, where is the other $38 trillion going to come from?"
... MOMENTS LATER, after Ocasio-Cortez did not answer the question...TAPPER: "So, I'm assuming I'm not going to get an answer for the other $38 trillion. But we will have you back, and maybe we can go over that."

Saturday, September 15, 2018

Police order San Jose Catholic Worker to vacate tents for homeless

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San Jose Mercury News
Peter Conk speaking at Hope Village rally
My brother Peter started San Jose Catholic Worker 45 years ago.  He is still dedicated to easing the plight of the poorest among us.  SJ Catholic Worker is in so-called silicon valley twere are thousands of homeless sleep in tents along highways and under bridges.  San Jose regularly confiscates their stuff.  SJ Catholic Worker ministers to them through programs like their Showers for the People van which provides showers and clean clothes to homeless men and women.

Peter and his allies have been pushing the City to change.  They have now established a model tent encampment for half a dozen people in hope of igniting support for their plan for a larger tent shelter camp.
The California Highway Patrol has ordered them to leave by 8 AM Monday morning.  They will defy that order and are rallying supporters

You can reach them at  andrew@sjcw.org 

Thursday, September 13, 2018

Tish James: "Thank you for voting, for standing up for Democracy and speaking truth to power today, New York. Never lose your voice at the polls.… https://t.co/LbfxXyYW2m"

Tish James
Letitia James - New York City Public Advocate- will be the first Black woman to hold state-wide office in New York.  Brooklyn born, a former public defender, City Council member, and Assistant Attorney General she will be an important voice against the Trump GOP.  

Zephyr Teachout is an eloquent dissenter but lacks James's experience.  I am very pleased that we have a CUNY grad (Lehman College) and advocate, Howard University Law School graduate, with broad experience and deep New York roots at the helm in the New York AG's office which has twice been disgraced in recent years. - gwc

Tish James on Twitter: "Thank you for voting, for standing up for Democracy and speaking truth to power today, New York. Never lose your voice at the polls.… https://t.co/LbfxXyYW2m"
NYC   - LEADER
 James
 Teachout
 Maloney
COUNTYJAMESTEACHOUTMALONEYRPT.
Brooklyn
154,687
86,679
33,729
98%
Manhattan
81,064
99,099
39,621
99
Queens
95,673
36,064
36,812
99
Bronx
72,970
11,443
22,941
94
Erie
9,711
18,968
30,760
98

Tuesday, September 11, 2018

The left must restore the ties between antisemitism and other racism | Rachel Shabi | Opinion | The Guardian

The left must restore the ties between antisemitism and other racism | Rachel Shabi | Opinion | The Guardian


Jewish new year is a time for reflection, and the subject of Labour and antisemitism inevitably featured on the list of things to think about this year. Indeed, it was hard to avoid, for on the eve of Rosh Hashanah, the Labour MP Chuka Umunna proclaimed his party to be “institutionally racist” over antisemitism. Folded into this row is a painful aspect of the story: that elements of the left, for whom fighting racism is a deeply held principle, might overlook, underplay or even reproduce this ancient race-hate against Jewish people.
The issue has coalesced around the Labour leader, Jeremy Corbyn, and his supporters. But in truth, it is nothing new. Published in the early 1980s, Jewish socialist Steve Cohen’s book That’s Funny, You Don’t Look Antisemitic, still resonates today. He wrote: “It is intolerable that the socialist movement has never been prepared to look at its antisemitism in a self-critical way.”
Leftwing antisemitism can arise from common misconceptions, such as coding all Jewish people (including those, like me, from an Arab-Jewish background) as white – in both political and status terms. Racism as an imagined white superiority over people of colour underpins current discrimination and appalling historical injustices such as colonialism and slavery, which continue to cause terrible harm today. By contrast, a core antisemitic trope is the Jewish conspiracy of a shadowy all-powerful group controlling the world, or at least the media – based on an imagined superior status of Jews. Perceptions of Jewish people as “white” can also mask their persecution as a racialised minority. Jews were long hated as the “other”, the Orientals of Europe, in language of a type deployed to demonise Arab and Muslim populations today.
Meanwhile, the Israeli-Palestinian conflict has driven a wedge between battles against racism and antisemitism. The Oxford philosopher Brian Klug locates the genesis of this divide in a 1975 UN general assembly resolution asserting that Zionism, alongside colonialism and foreign occupation “is a form of racism and racial discrimination”. This, Klug argues, “erased the origins of Zionism in the Jewish historical experience of exclusion, expulsion and racial discrimination”. Eventually dropped, the resolution, he says, had a lasting effect on the left – diminishing the idea that, as well as being experienced as colonial racial discrimination by Palestinians, Zionism was also a national movement born of oppression and trauma. Cohen sums up this duality by describing Zionism as both racist and anti-racist – the latter because it was an answer to the murderous anti-Jewish racism of Europe.

Monday, September 10, 2018

Oregon Bar Dues Challenged on First Amendment Grounds

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In Janus v. American Federation of State County and Municipal Employees in a 5 -4 vote the United States Supreme Court struck an Illinois law requiring public employees represented by an AFSCME local to pay "agency fees" to the union for its representation which protected the interests of all bargaining unit members.  The majority rejected that argument - holding that union advocacy on matters such as state budgets was political speech which the objecting members could not be compelled to "subsidize".

Now two Oregon lawyers are objecting to the fees charged by the Oregon State Bar to which they are obligated by statute to contribute.  In their complaint Diane Gruber and Mark Reynolds object to a statement by the State Bar denouncing "White nationalism".  I would vote for that statement every day if it were offered before the voluntary New Jersey State Bar Association of which I have been an active member for thirty years.  But the Oregon State Bar is not a voluntary organization for lawyers who want to practice in the State.  So though Gruber and Reynolds may have ideological views I find abominable, they do seem to have grounds for their complaint relying on Janus. - gwc




Lodestar rising? Calif. federal judges are opting for lodestar awards in megacases | Reuters

Lodestar rising? Calif. federal judges are opting for lodestar awards in megacases | Reuters
by Alison Frankel
(Reuters) - It’s always notable when a federal judge presiding over a big class action slashes a fee request by millions of dollars - but I think there’s another story lurking beneath the dollar signs in an opinion issued Tuesday by U.S. District Judge Lucy Koh of San Jose.
Three plaintiffs' firms that obtained nearly $170 million for artists and engineers whose job prospects suffered under an alleged no-poaching agreement among animation studios asked Judge Koh to award them $31.5 million for squeezing a $150 million settlement from Disney and Dreamworks. The judge instead granted them $13.8 million. She previously awarded $4.7 million in fees for a smaller classwide settlement, bringing the total fees for plaintiffs' lawyers from Cohen Milstein Sellers & Toll, Hagens Berman Sobol Shapiro and Susman Godfrey to about $18.5 million.
Notably, Judge Koh’s award was based not on the recovery the firms won for class members but on their hourly billings. The firms wanted the judge to grant them 21 percent of the class recovery, which, they argued, is less than the 25 percent benchmark established by the U.S. Court of Appeals for the 9th Circuit. Judge Koh, however, applied the alternative lodestar approach.

Sunday, September 9, 2018

Tom Nichols: The jig is up - NeverTrumpers win

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Tom Nichols, an historian at the Naval War College (Newport, RI some guys have all the luck), is a NeverTrumper who has stuck to his guns.
In this thread  [READ IT!] Nichols demonstrates that the NeverTrumpers have been proven right.  This past week's events: Woodward's FEAR, and the Anonymous (anominous) Op-Ed establish Trump's unfitness beyond cavil.
We know too that the only collusion question is how far did it extend, and what further corruption will be exposed (a lot).  And how does it all end.  As Bob Woodward Said today:  "People better wake up to what's going on".

In closing I will quote our Dear Leader who tweeted this morning:
Thank you To Chairman Kim. We will both prove everyone wrong! There is nothing like good dialogue from two people that like each other! Much better than before I took office.

Nichols is clear: only throwing the bums out can save the Republican party from its cult of personality debacle.



Brett Kavanaugh said he would kill Roe v. Wade last week and almost no one noticed – ThinkProgress

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AP photo
Brett Kavanaugh said he would kill Roe v. Wade last week and almost no one noticed – ThinkProgress
by Ian Millhiser

Supreme Court nominee Brett Kavanaugh needs to give Sen. Susan Collins (R-ME) plausible deniability regarding his anti-abortion views. Collins, who is nominally pro-choice, said shortly before Kavanaugh’s nomination that a Supreme Court nominee “who would overturn Roe v. Wade would not be acceptable to me.” But she’s spent much of the time since his nomination looking for excuses to claim that Kavanaugh’s views on Roe are uncertain.
Well, they aren’t. Even before Kavanaugh became a Supreme Court nominee, his record indicated fairly clearly that he opposes Roe. And he cleared up any remaining doubt on the second day of his confirmation hearing — despite the fact that almost no one noticed....KEEP READING

Saturday, September 8, 2018

NAACP LDF -Report on Brett Kavanaugh

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The Legal Defense Fund - the public interest law firm historically associated with the NAACP and its landmark Brown v. Board of Education, has reviewed the record of Brett Kavanaugh and concluded he is unfit to serve on the United States Supreme Court.
FINAL_Report on Brett Kavanaugh_FINAL_11_22.pdf
The nomination of Judge Kavanaugh to be a justice on the Supreme Court comes at a unique and unprecedented moment in our country’s history. Our review of Judge Kavanaugh’s record grapples with the judicial philosophies he holds and the rulings he has issued. It also reflects the highly unusual context surrounding his nomination. His record on and off the court independently shapes our assessment of his fitness to serve on the nation’s highest court and our evaluation of the likely effect he would have on the Court’s jurisprudence concerning fundamental civil rights and protections. Together, this record and the fraught context of Judge Kavanaugh’s nomination cement our position that he is unfit to serve as the next justice of the Supreme Court.  

New translations - Internet cases and e-commerce law

Friday, September 7, 2018

Letitia James for NY Attorney General

Tish JamesImage result for letitia james


It's time to decide for primary voters in New York.  Zephyr Teachout, a law professor at Fordham, has gained the Times endorsement and hopes that her anti-corruption theme will carry her to the Attorney General's office.  Consumed by the corruption of the Trump regime, and the many prosecutions of New York state politicians as we have been, her appeal is strong.
But we have to decide what kind of lawyer we want for Attorney General.  Tish James  can back up her claim to be The People's Lawyer,  Born in Brooklyn she has been a public defender, Brooklyn regional manager for the New York State Attorney General, a City Council member, and Public Advocate for New York City.  She has a broad agenda of protection of workers, consumers, children, and parents.
Zephyr Teachout's experience is far narrower, her ties to New York thin.
Letitia James, endorsed by the New York State Democratic Party, would bring a depth of commitment to the legal issues most important to the people of the State.
TishJames2018
Primarily New York: Letitia James for NY Attorney General | The Brian Lehrer Show | WNYC

Labor Unions Back James

President Obama speaks at University of Illinois

The audio/video starts at 25:00.
The introduction by a student is excellent.
FULL TEXT

Dorf on Law: Settled Law, Precedent on Precedent, and Abortion: What We Learned and Didn't Learn About Judge Kavanaugh's Views on Abortion

Dorf on Law: Settled Law, Precedent on Precedent, and Abortion: What We Learned and Didn't Learn About Judge Kavanaugh's Views on Abortion
by Michael C. Dorf

Accordingly, I think the most generous way to read Kavanaugh is as having been misleading albeit not downright dishonest in saying he now sees Roe as "settled law." In his own mind in 2003, "settled law" meant law that is not at all likely to be overruled; he had reason to think that Maine Senator Susan Collins would take him to be saying that about Roe now when he called it settled law; and yet, even though he didn't like the use of the term "settled law" to mean law that is only settled until the Supreme Court unsettles it, that was the definition he secretly had in mind when he used the term to describe Roe to Senator Collins. If so, I guess that's not technically a lie, but it's hardly the whole truth.

Not since The Gettysburg Address.....

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By Garry Wills. Illustrated. 317 pp. New York: Simon & Schuster. $23. 

"THE world will little note, nor long remember what we say here. . . ."

by William McFeely
Garry Wills has taken note, remembered and given our nation's greatest gathering of words, the Gettysburg Address, new urgency. It has been more than tenscore years since Thomas Jefferson held it to be self-evident that all men are created equal; more than sixscore since Abraham Lincoln committed this nation to that proposition. In 1992, Mr. Wills, despite the dismaying evidence that the proposition is still dishonored, has written a brilliant book demonstrating that Lincoln's words still have power.
This scholarly study of oratory begins with the stink of rotting corpses. When the two great battered armies moved away from Gettysburg in July 1863, they left behind thousands of bodies of horses and men decaying in the summer sun. David Wills, the town's leading citizen, arranged for the animals to be dragged into piles and burned, and, after considerable negotiation, he found workers to bury the men hastily in temporary graves. The reburial of the Union dead was still under way on Nov. 19, when Lincoln delivered his address; Garry Wills has not forgotten that it was a cemetery that Edward Everett and Abraham Lincoln had been invited to dedicate.

Thursday, September 6, 2018

John Roberts and the Second Redemption Court - The Atlantic

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John Roberts and the Second Redemption Court - The Atlantic
by Adam Serwer

Adam Serwer has a new piece in the Atlantic that tells the story of the post-civil war cases betraying the promise of the 14th Amendment and of Emancipation.   He leads into the Roberts court as the Second Redemption Court (as in southern "Redeemers" of lost white power).  The eye catcher for me is that Serwer begins with the Colfax Massacre in Louisiana on Easter Sunday in 1873.   The Supreme Court vacated murder convictions by the white militiamen.  It gutted federal protections by the insertion of  the intent requirement and limited the 14th Amendment​ to state action in the 1874 and 1875 Cruikshank cases.  That fact is  concisely stated by Serwer in the excerpt below.  We live with the heritage of that betrayal f the promise of Reconstruction.

In the first of the Cruikshank cases  New Jersey railroad lawyer and Justice Joseph Bradley found that the 14th Amendment did not empower the federal government to prosecute the white militiamen who murdered the defenders of the elected local government.  Such private discrimination - if that was what it was - was a matter for the states.   Bradley's ruling reversing convictions of a handful of the murders  was upheld two years later by the full Supreme Court. Since then the states were free to ignore the racist depredations committed within their borders. This approach was first brought to my attention by James Pope's Snubbed Landmark and Martha McCluskey's Facing the Ghost .

- GWC
​Serwer:
 
​
​ Seventy-two men were ultimately indicted for their role in the Colfax massacre, charged under the Enforcement Acts of 1870, which were passed to help the federal government suppress the Ku Klux Klan. But their convictions were overturned by the U.S. Supreme Court, which concluded that the federal government lacked the authority to charge the perpetrators. Justice Joseph Bradley, a Grant appointee, wrote that the United States had not clearly stated that the accused, in slaughtering more than 100 black men, had “committed the acts complained of with a design to deprive the injured persons of their rights on account of their race, color, or previous condition of servitude.” And it wouldn’t have mattered if they had, argued the Grant-appointed Chief Justice Morrison R. Waite, because the Fourteenth Amendment’s powers did not cover discrimination by individuals, only by the state. “The only obligation resting upon the United States is to see that the States do not deny the right,” Waite wrote. “This the amendment guarantees, but no more. The power of the national government is limited to the enforcement of this guaranty.” ​

Kavanaugh - In (dis)respect of precedent - Mark Joseph Stern - Slate

https://slate.com/news-and-politics/2018/09/kavanaugh-confirmation-hearing-roe-heller.html
The Precedent Respecter Has Logged On

Brett Kavanaugh says he follows every Supreme Court precedent. Don’t believe him.By