The Daily Parker

President Biden believes we did:

On January 27, 2020, the Commonwealth of Virginia became the 38th state to ratify the Equal Rights Amendment. The American Bar Association (ABA) has recognized that the Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment. I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution.

Law professors Lawrence Tribe and Kathleen Sullivan concur:

With three days left in his presidency, Joseph R. Biden ensured that the United States Constitution, the oldest on earth, would finally include an explicit guarantee of sex equality. In truth, the Equal Rights Amendment should have been recognized as part of our Constitution nearly half a dozen years ago, when Virginia became the 38th state to ratify it on January 27, 2020.

By proclaiming, in effect, “Yes, Virginia, you have made history by repairing a glaring omission in our most fundamental law,” President Biden made official a reality that many Americans failed to recognize at the time: that Article V of the Constitution expressly makes any proposed Amendment to that document “Part of this Constitution, when ratified by the Legislatures of three fourths of the several States.” Nothing in Article V makes the Constitution’s binding contents depend on any further official action by any branch of the federal government, whether Congress or the Judiciary or indeed the Executive.

It is not necessary for the National Archivist to publish the ERA in order for it to be adopted according to the provisions of the Constitution. The President avoided triggering a clash with the Archivist, who recently announced her intention to defy her statutory, and purely ministerial, duty to publish the ERA. The only reason Congress gave the Archivist such a duty nearly a century ago was to ensure that the Nation got word that an amendment was in force, enabling officials at all levels of government to conform their actions to it. In our modern age of broadcast, cable and internet communication, the President’s announcement itself performed that function.

So...now what? How do we test it? When do we put it in school history books?

A friend pointed out that, as of this morning, we've passed the darkest 36-day period of the year: December 3rd to January 8th. On December 3rd at Inner Drive Technology World HQ, the sun rose at 7:02 and set at 16:20, with 9 hours 18 minutes of daylight. Today it rose at 7:18 and will set at 16:38, for 9 hours 20 minutes of daylight. By the end of January we'll have 10 hours of daylight and the sun will set after 5pm for the first time since November 3rd.

It helps that we've had nothing but sun today. And for now, at least, we can forget about the special weather statement that just came out warning of snow and winds starting later tonight.

Meanwhile, in the rest of the world:

• Jennifer Rubin snarks that the media have just now noticed that President Biden's economic policies worked better than expected—certainly better than Canada's.
• The Dept of Justice has sued six large landlords for fixing rents using a controversial bit of market-analysis software.
• Josh Marshall points out that the fundamental business model of social media companies makes it nigh impossible for them to do any real content moderation.
• The wildfires that have destroyed hundreds of homes in Los Angeles County came from years of overdevelopment and months of drought.
• A zero-day exploit of Ivanti VPN appliances has already affected dozens of companies.

Finally, National Geographic explains how the two cups of tea I drink every day (three in the summer) will help me live to 107 years old.

Once again, in the aftermath of the OAFPOTUS's demented press conference yesterday, I need to remind everyone to ignore what he says and watch what he does. He's not as harmless as the guy at the end of the bar who everyone avoids talking to, but he's just as idiotic.

Meanwhile, in the real world:

• Block Club Chicago interviewed Mayor Brandon Johnson in the wake of the City Council barely passing his 2025 budget by a vote of 27-23.
• Perry Bacon Jr. blames President Biden's overconfidence for the failures of his presidency.
• Brett Stephens thinks about how he'll be remembered.
• Josh Marshall never thought Meta's content-moderation scheme was anything other than a scam.
• Anne Applebaum warns of the anti-science mysticism afflicting more and more of the world.

Finally, the temperature in Chicago dipped below freezing just before 2 am on January 1st and hasn't risen above freezing since then, with no relief in the forecast. Even though we don't expect any seriously cold weather in the next two weeks, it would be nice to have one day above freezing.

My, we've had a busy day:

• President Biden commuted the sentences of 1,500 Federal inmates in the largest single-day clemency in American history. Two of them stole millions in massive frauds against Illinois citizens. Josh Marshall doesn't see much clemency.
• Charles Sykes worries that neither major US political party has a clue how to fix our education systems (plural).
• Legalized sports betting has shifted billions from small punters to large corporations, which is why it was illegal for so long.
• Charles Blow muses about making friends after 50.
• Despite freaking out the usual car-besotted subjects, a plan to extend a protected bike lane in the Chicago suburb of Evanston, Ill., will actually add parking spaces.
• A downtown Chicago office building constructed in 1928 will become 252 apartments under a plan that received City Council approval yesterday.

Finally, paleobiologists have narrowed the range of Neandertal-Sapiens interbreeding down to a period that peaked 47,000 years ago. Cue the jokes, starting with: "Who knew yo mama was that old?"

First, Andrew Sullivan makes a very good, nuanced point about President Biden pardoning his son:

A consensus of sorts has emerged among historians. Little abuses of power in the Roman system slowly multiplied, as rival factions exploited loopholes, or made minor adjustments, for short-term advantages. And so, for example, the term-limits of consuls — once strictly limited to two years in order to keep power dispersed — were gradually extended after the first breach, which set a precedent for further bigger breaches. An esoteric emergency measure — the provision of a “dictator” to restore order in a crisis for a limited six months — was — surprise! — extended indefinitely under Sulla and then Caesar.

This was always the model for the collapse of liberal democracy in America. Not Weimar, which was a very new republic, buffeted by sanctions and reparations after a calamitous war. Rome, like contemporary America, was well-established in its republican ways, and, after throwing off a monarchy, had practiced them for centuries, before it slid into strongman rule.

And if there were a single constitutional provision that, if abused, could tip the American republic into a post-legal authoritarian system, it would surely be the pardon power.

A pro-active pardon for criminality ordered by the president is, after all, another phrase for the categorical end of the rule of law. It means that a president’s flunkies — or anyone else in presidential favor — can commit any crime in the secure knowledge there will never be punishment. It thereby puts an entire class of people selected by the president effectively above the rule of law. It makes the president a king.

Second, for some reason this story gave me hope and inspiration:

The world’s oldest known wild bird, a 74-year-old Laysan albatross named Wisdom, is expected to welcome another baby chick in the coming months, astonishing scientists who have been tracking her since the Eisenhower administration.

Wisdom laid an egg on Nov. 27 on Midway Atoll, a speck of land in the Pacific Ocean, the U.S. Fish and Wildlife Service said. Researchers said they were optimistic that it will hatch in about two months, making her a mother for the 30th or so time. Her last chick hatched in 2021.

While albatrosses usually mate for life, they will find new mates to breed with if their partner dies. Dr. Plissner believes Wisdom has outlived at least three mates.

Wisdom has outlived Chandler Robbins, the well-known ornithologist who banded her in 1956. He died in 2017.

Two things immediately occurred to me: (a) we're all better when wisdom outlives romance; and (b) my jokes have laid eggs my whole life, but clearly I have a long way to go.

Finally, if you want to relax this winter, NASA has just the ticket. Enjoy.

I believe the precipitating event that led to the OAFPOTUS winning re-election was President Biden's decision to run for re-election—something he promised, in 2020, he would not do.

This evening the news comes that he has pardoned his son Hunter for the crimes he went to jail for, crimes that we can state with some certainty he would not have committed or been charged with had his dad not been president.

[President] Biden said that he came to the decision this weekend, which coincided with the family being together in Nantucket, Massachusetts, for Thanksgiving. Hunter Biden’s attorneys this weekend also mounted a vigorous public defense, releasing a 52-page paper on Saturday titled “The political prosecutions of Hunter Biden.”

“I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice,” Biden said in his statement. “… I hope Americans will understand why a father and a President would come to this decision.”

There's a lot to untangle here, but bottom line, I think this was a bad move on principle. Yes, Hunter Biden was only prosecuted (by an OAFPOTUS-appointed US Attorney) because his dad was president. And yes, the actual offenses he was convicted of were not even in the same league as the offenses the OAFPOTUS pardoned Charles Kushner for in 2020.

But we're going to spend the next four years opposing an unprincipled horse's ass. We have to be better than that. It's literally what we are fighting for.

The intersection of my vacation next week and my group's usual work-from-home schedule means I won't come back to my office for two weeks. Other than saving a few bucks on Metra this month, I'm also getting just a bit more time with Cassie before I leave her for a week.

I've also just finished an invasive refactoring of our product's unit tests, so while those are running I either stare out my window or read all these things:

• Yes, Virginia (and Ohio, Michigan, Pennsylvania, Georgia, and North Carolina), you are much better off than you were four years ago.
• The Illinois Attorney General has filed an environmental suit against Trump Tower for refusing to fix its water-intake system.
• A New York City cop who fought against "courtesy cards" won a $175,000 settlement from the city.
• A developer plans to raze a 175-year-old house in Glencoe, Ill., designed by William Boyington, because we can't have nice things anymore.
• Speaking of not having nice things, after £175m spent and 12 years of construction, the Old Street roundabout in Islington, London, looks...about the same as before.

Finally, the New York Times ran a story in its Travel section Tuesday claiming Marseille has some of the best pizza in Europe. I will research this assertion and report back on the 24th.

President Biden has (finally!) proposed using the power of Article I to de-politicize Article III:

[W]e have had term limits for presidents for nearly 75 years. We should have the same for Supreme Court justices. The United States is the only major constitutional democracy that gives lifetime seats to its high court. Term limits would help ensure that the court’s membership changes with some regularity. That would make timing for court nominations more predictable and less arbitrary. It would reduce the chance that any single presidency radically alters the makeup of the court for generations to come. I support a system in which the president would appoint a justice every two years to spend 18 years in active service on the Supreme Court.

He also proposed a constitutional amendment to ensure presidents can be held criminally liable for acts while in office, and extending the judicial code of conduct to the Supreme Court.

The thing is, it sure looks like Article I gives the legislature the power to enact term limits on the Court without an amendment. And doing so should command bipartisan support, because it ends the Supreme Court sweepstakes that destabilizes the rule of law.

Of course, one of our parties has strayed a bit from believing in the rule of law, which means it will probably be ours who enacts this reform. So we'll just have to win both houses of Congress and the White House in November, right?

Too bad I'm in my downtown office. It's a perfect, sunny day in Chicago. I did spend half an hour outside at lunchtime, and I might take off a little early. But at least for the next hour, I'll be looking through this sealed high-rise window at the kind of day we only get about 25 times a year here.

Elsewhere in the world:

• Former CIA lawyer James Petrila and former CIA spook John Sipher warn that the Supreme Court's decision in Trump v US could undo 50 years of reforms that reined in illegal clandestine activities here and abroad.
• James Fallows reviews President Biden's "quasi-valedictory" address from last night.
• The doddering, elderly, convicted-felon Republican nominee for President seemed to have some difficulties at last night's rally. Maybe he's too old to be president and he should withdraw from the race?
• Helen Lewis, shaking her head sadly at the mess of a human being that is Republican Vice-President nominee JD Vance, hopes the XPOTUS "kept the receipt."
• Bowing to market pressure, Southwest Airlines has announced an end to its chaotic boarding process, and will now assign seats like a grown-up airline.
• London expanded its Ultra-Low-Emissions Zone (ULEZ) to encompass most of the metro area last year, which has resulted in improved air quality equivalent to taking 200,000 cars off the road.
• Unfortunately, this side of the pond, the Illinois Dept of Transportation seems unable to comprehend the opportunity we have to remake DuSable Lake Shore Drive for the future, and instead wants to repeat all the mistakes of the past. All the aldermen along the north lakefront oppose the plan, fortunately.
• The South Works site on the southeast side of Chicago, which used to house one of the world's largest steel mills, will soon become a quantum-computing research facility.

Finally, the various agencies charged with protecting the Democratic National Convention next month have published their plan for a 60-hectare "pedestrian restriction" zone around the United Center and a smaller zone around McCormick Place. "Only people with credentials who 'have a need to be there' – such as delegates, volunteers and other workers – will be allowed within that inner perimeter, said 2024 DNC coordinator Jeff Burnside." Presumably people who live on the Near West Side will be able to get to and from their homes as well.

The President will go on the air tonight at 8pm EDT to explain why he dropped out of the race, and presumably also to endorse Vice President Harris as his successor. This has the XPOTUS so rattled that a campaign lawyer whined to the television networks that the XPOTUS wants equal time so they can whine to everyone. OK, Boomer.

Meanwhile:

• Hillary Clinton lays out a strategy for Harris to do what she couldn't: become our first female president.
• The European Union's climate-tracking directive reported that Sunday was the hottest day in recorded history, with the average surface temperature of the planet cresting 17.09°C.
• Jennifer Rubin (and a few other writers) believe we'd all be better off with a centrist government. (I'm sure if we explain this to the Republican Party carefully and rationally, they'll tone down their extremism right away.)
• Speaking of centrism, Julia Ioffe digs into what a President Harris foreign policy might look like.
• Because of a confluence of events "that Tolstoy could not have made up," Israel has an opportunity this week to change the Middle East for the better—if only they didn't have a troglodyte for a prime minister.
• Pilot Patrick Smith explains turbulence, and why it has suddenly become so newsworthy.

Finally, the Times examines why some people continue to write negotiable orders of withdrawal (i.e., paper checks) despite their obvious inconveniences and vulnerabilities. I haven't written one in about 18 months, and the last time I used one in any capacity was (with no small irony) to set up automatic billing with my HOA.