The Daily Parker

Anti-abortion Republicans, having discovered by getting their asses handed to them in multiple referenda, that the majority of Americans don't want to ban the medical procedure, tried a new tactic in Ohio yesterday: make referenda impossible. They failed by a large margin:

Ohio voters rejected a bid on Tuesday to make it harder to amend the State Constitution, according to The Associated Press, a significant victory for abortion-rights supporters trying to stop the Republican-controlled State Legislature from severely restricting the procedure.

Late results showed the measure losing by 13 percentage points, 56.5 percent to 43.5 percent. The roughly 2.8 million votes cast dwarfed the 1.66 million ballots counted in the state’s 2022 primary elections, in which races for governor, the U.S. Senate and the U.S. House were up for grabs.

The ballot measure would have required that amendments to the State Constitution gain approval by 60 percent of voters, up substantially from the current requirement of a simple majority. Republicans initially pitched that as an attempt to keep wealthy special interests from hijacking the amendment process for their own gain. The lawmakers voted largely along party lines in May to put the proposal on the ballot.

Ohio resident and author John Scalzi buries Amendment 1 deep:

That Issue 1 is mostly about abortion rights isn’t just speculation; Frank LaRose, Ohio’s current Secretary of State, said the quiet part out loud, saying it’s “100%” about that, because the GOP these days can’t actually stop monologuing about their evil plans. That it would also toss out the possible marijuana legalization initiative for November, and possible future initiatives on things like raising the minimum wage or redoing the frankly ridiculous gerrymandering in the state, or anything else, was just the cherry on top. At the end of the day, the Ohio GOP wanted to make sure their broadly unpopular laws telling people with uteruses they had no control over their own bodies were never challenged.

And it might have worked, too, if the Ohio GOP hadn’t done what shitty people who want to take away rights always do, which was to almost comically overreach.

Basically, the Ohio GOP had to go out of their way to lose some traditionally GOP voters, and managed to do just that.

The blatant dishonesty of the GOP and conservative messaging on Issue 1 is par for the course with their political messaging elsewhere, and it reminds me of two things: The absolute contempt the GOP has for their voters, in that they don’t feel like their voters need or deserve anything close to the truth; and how extremely well-trained GOP voters have become to reject the truth when it is inconvenient for their personal political preferences. As noted before, this particular time, the GOP disinformation regime didn’t work as well as it usually does, and some portion of the usual GOP voters didn’t swallow the bullshit. This will not teach the GOP to back off on the bullshit. It will teach them to shove the bullshit even harder the next time.

Josh Marshall fills in the larger pattern:

The broader electoral question is whether the overwhelming backlash against Dobbs will extend to elections beyond ballot initiatives where abortion is literally on the ballot. There is lots of evidence that abortion rights were a key driver of Democrats’ unexpectedly strong showing in the 2022 midterm, though in the nature of things it’s hard to isolate just what role it played in any particular race.

The challenge for Democrats is simply to align as many elections as possible with the abortion issue and the backlash against Dobbs, especially in governorships and election to Congress. There’s little sign the full electoral potential of the issue has even come close to having been harnessed.

I can't remember who said, "your religion doesn't prohibit me from doing anything; it only prohibits you." It seems like an increasingly pissed-off majority of Americans are gearing up to remind the religious right of this simple truth in the next election.

While I fight a slow laptop and its long build cycle (and how every UI change seems to require re-compiling), the first day of the last month of summer brought this to my inbox:

• Who better to prosecute the XPOTUS than a guy who prosecuted other dictators and unsavory characters for the International Criminal Court? (In America, we don't go to The Hague; here, The Hague comes to you!)
• After the evidence mounted that Hungary has issued hundreds of thousands of passports without adequate identity checks, the US has restricted Hungarian passport holders from the full benefits of ESTA that other Schengen-area citizens enjoy.
• The US economy continues to exceed the expectations of people who have predicted a recession any day now. (Of course, every dead pool has a guaranteed winner eventually...)
• After an unprecedented 31 consecutive days enduring temperatures over 43°C, Phoenix finally caught a break yesterday—when the temperature only hit 42°C.
• Jake Meador explores why about 40 million fewer Americans go to church these days than in 1995.
• Remember how we all thought Tesla made cars with amazing battery ranges? Turns out, Elon Musk can't do that right, either.
• American car culture not only gives us unlivable environments, but also discourages the exploration that people in other countries (and I when I go there) do all the time.
• We should all remember (and thank) USSR naval Captain Vasili Alexandrovich Arkhipov, who vetoed firing a nuclear-tipped torpedo at an American destroyer during the Cuban Missile Crisis 71 years ago.

Finally, Chicago historian John Schmidt tells the story of criminal mastermind Adam Worth, who may have been Arthur Conan Doyle's inspiration for Professor Moriarty.

New York Times columnist and former Supreme Court reporter Linda Greenhouse summarizes the frightening success of the Religious Right under the Roberts court:

Yes, democracy survived [the Supreme Court's 2022-23 term], and that’s a good thing. But to settle on that theme is to miss the point of a term that was in many respects the capstone of the 18-year tenure of Chief Justice John Roberts. To understand today’s Supreme Court, to see it whole, demands a longer timeline. To show why, I offer a thought experiment. Suppose a modern Rip Van Winkle went to sleep in September 2005 and didn’t wake up until last week. Such a person would awaken in a profoundly different constitutional world, a world transformed, term by term and case by case, at the Supreme Court’s hand.

To appreciate that transformation’s full dimension, consider the robust conservative wish list that greeted the new chief justice 18 years ago: Overturn Roe v. Wade. Reinterpret the Second Amendment to make private gun ownership a constitutional right. Eliminate race-based affirmative action in university admissions. Elevate the place of religion across the legal landscape. Curb the regulatory power of federal agencies.

By the time the sun set on June 30, the term’s final day, every goal on the conservative wish list had been achieved. All of it. To miss that remarkable fact is to miss the story of the Roberts court.

It’s worth reviewing how the court accomplished each of the goals. ... Precedents that stood in the way were either repudiated outright, as the Dobbs v. Jackson Women’s Health Organization decision did last year to Roe v. Wade and Planned Parenthood v. Casey, or were simply rendered irrelevant — abandoned, in the odd euphemism the court has taken to using.

Likewise, the court has not formally overruled its Chevron decision. Its administrative-law decisions have just stopped citing that 1984 precedent as authority. The justices have simply replaced Chevron’s rule of judicial deference with its polar opposite, a new rule that goes by the name of the major questions doctrine.

But how to tell a major question from an ordinary one? No surprise there: The court itself will decide.

But of course, the Supreme Court doesn’t stand alone. Powerful social and political movements swirl around it, carefully cultivating cases and serving them up to justices who themselves were propelled to their positions of great power by those movements. The Supreme Court now is this country’s ultimate political prize. That may not be apparent on a day-to-day or even a term-by-term basis. But from the perspective of 18 years, that conclusion is as unavoidable as it is frightening.

Last weekend I discussed the just-ended term with a friend who's a practicing attorney. We lamented the right-wing march of the Court under Roberts on social issues, but we also discussed another aspect of the Roberts court that doesn't get as much reportage.

Under this Republican Court, series of other cases has systematically made it harder for smaller litigants to get access to Federal courts. These seemingly minor procedural changes may actually cause much more damage to our country than the clearly-out-of-step decisions that will start getting thrown out when the pendulum swings back to the center in a few years.

Some stories to read at lunch today:

• The Supreme Court unanimously rejected the US Postal Service's requirement that a religiously observant letter carrier deliver packages on the Sabbath. Since Justice Alito (R$) wrote the opinion, I'll also have to read Justices Sotomayor's (I) and Jackson's (I) concurrence.
• Of course, as Josh Marshall predicted, the Court split along partisan lines in a decision that essentially abolishes affirmative action for college admissions, which will likely reverse the gains that African American students have made over the last 40 years.
• Alex Shephard wonders if the XPOTUS's whole classified-documents disaster came out of his "perhaps world-historically, pathetic and abject" existence.
• The I-95 bridge collapse outside Philadelphia caused a spike in SEPTA ridership and renewed interest in a new subway line.
• National Geographic, struggling to remain afloat after its acquisition and rapacious mismanagement by Disney, has laid off all of its remaining staff writers.
• James Fallows annotates a recent Toronto air traffic controllers conversation with a FedEx MD-11 whose left thrust reverser deployed just after takeoff.

Finally, our air quality has improved slightly (now showing 168 at IDTWHQ), but the Canadian smoke may linger for another couple of days.

We lost three people last week whose deaths have made the world ever so slightly better on balance. Religious swindler Pat Robertson went first on Wednesday. Then Saturday, Ted Kaczynski, also known as the "Unabomber" for his terror campaign against university professors in the 1990s, killed himself in his jail cell:

Kaczynski was found unresponsive in his cell around 12:30 a.m. ET and transported to a local hospital where he was pronounced dead, according to the Federal Bureau of Prisons.

Kaczynski was previously in a maximum security facility in Colorado but was moved to a federal medical center in Butner, North Carolina, in December 2021 due to poor health.

Kaczynski, who went nearly 20 years without being captured until his arrest in 1996, was considered America's most prolific bomber.

Between 1978 and 1995, Kaczynski placed or mailed 16 bombs that killed three people and injured two dozen others, according to authorities.

Finally, yesterday the world lost Silvio Berlusconi, the corrupt former prime minister of Italy whose entry into politics to stymie the many legal cases against him  may have inspired the XPOTUS to do the same:

Liberal politicians, and the prosecutors he demonized as their judicial wing, watched in dismay as he used appeals and statutes of limitations to avoid punishment despite being convicted of false accounting, bribing judges and illegal political party financing.

His governments spent an inordinate amount of time on laws that seemed tailor-made to protect him from decades of corruption trials, a goal that some of his closest advisers acknowledged was why he had entered politics in the first place.

One law overturned a court ruling that would have required Mr. Berlusconi to give up one of his TV networks; others downgraded the crime of false accounting and reduced the statute of limitations by half, effectively cutting short several trials involving his businesses. He enjoyed parliamentary immunity, but in 2003 his government went further, passing a law granting him immunity from prosecution while he remained in office — in effect suspending his corruption trials.

By the time he finally resigned in 2011, amid a fractured conservative coalition and general national malaise, a good deal of damage seemed to have been done. Many analysts held him responsible for harming Italy’s reputation and financial health and considered his time in power a lost decade that the country had struggled to recover from.

On a totally different topic, while I traveled last week I read Death of the Great Man by psychiatrist Peter Kramer, a book journalist James Fallows recommended back in April.

OK, maybe not a totally different topic. You should read the book, though.

Televangelist and horrible person Pat Robertson has died, after a long career grifting true believers for billions:

Rev. Robertson, the son of a long-serving U.S. congressman and senator from Virginia, was among the first evangelists to take religion out of the realm of private belief and into the secular arena of politics. In large part through his influence, the Christian right became a potent force in American politics and culture.

Although he bristled at the term televangelist, Rev. Robertson was one of the most popular and influential religious figures of his time. For decades, he was the host of “The 700 Club,” a casual talk show that combined hard-right politics, faith healing and lifestyle news. Broadcast in dozens of languages and in more than 200 countries, the show made Rev. Robertson the world’s most-watched TV preacher.

In addition to his TV programs, Rev. Robertson made public appearances and produced dozens of books and videos as he built a business empire that brought in more than $300 million a year at its height.

“In the not-too-distant past, the charismatic and Pentecostal wing of American Protestantism saw political engagement as a ‘worldly’ and sinful activity,” the late Michael Cromartie, who was vice president of Washington’s Ethics and Public Policy Center and a longtime watcher of the evangelical movement, said in a 2011 interview with The Post. “Pat Robertson, perhaps more than anyone in the charismatic wing of conservative Protestantism, was pivotal in creating this paradigm shift.”

In Inferno, Dante described nine circles of Hell, each with its specific punishments for specific kinds of sin. I haven't read the whole poem, so it's not immediately clear to me whether Robertson would head down to the 8th Circle (fraudsters), possibly in the 6th Bolgia (hypocrites) or maybe he'd get off lightly in the 4th Circle (greed). 

In my imagination, he'll spend the next several thousand years apologizing to everyone he's hurt, either directly (for example, through stealing money under the guise of religion) or indirectly (for example, all the gay people his followers harmed at his urging).

As long as credulous people walk the earth, grifters like Robertson will be there to fleece them. But it's good when someone of his stature descends to his just reward.

But for me, it was Tuesday:

• The Democratic National Committee has selected Chicago to host its convention next August, when (I assume) our party will nominate President Biden for a second term. We last hosted the DNC in 1996, when the party nominated President Clinton for his second term.
• Just a few minutes ago, Manhattan District Attorney Alvin Bragg filed suit in the Southern District of New York to enjoin US Rep. Jim Jordan (R-OH) from interfering in the prosecution of the XPOTUS.
• Speaking of the House Moron Caucus, Jonah Goldberg worries that the kids following people like Jordan and the XPOTUS have never learned how to behave in public, with predictable and dire consequences for public discourse in the future.
• And speaking of, uh, discourse, New York Magazine features Stephanie Clifford (aka Stormy Daniels) on its cover this week, in which the actor describes her meeting in 2006 with a "pop-culture curiosity" years before destroying American democracy even entered into his dementia-addled brain. It...isn't pretty.
• Jennifer Rubin thinks the Religious Right's "victory" in politicizing the Federal judiciary will cripple the Republican Party. (I believe she's right.)
• Today I learned that Guthrie's Tavern did not die during the pandemic, and in fact will offer free hot dogs during Cubs home games to all paying customers (while supplies last).
• Rishi Shah and Shradha Agarwal, the CEO and president of Chicago tech company Outcome Health, were convicted on 32 counts of fraud and other crimes for their roles in stealing investors' money.
• The Hubble Space Telescope has detected a runaway black hole moving close to 1,000 km/s with a 200,000-light-year tail of baby stars following it. (Those baby stars happened because at that speed, it wasn't able to pull out in time...)
• MAD Magazine cartoonist Al Jaffee, inventor of the Fold-In, died Monday at 102.

Finally, Tupperware has warned its creditors and shareholders that it may go out of business in what I have to call...an uncontained failure of the company.

The US Federal District Courts have 670 Article III judges (that is, Senate-confirmed, lifetime-appointed), almost all of them competent and conscientious jurists. They make mistakes sometimes, for which we have nine Circuit Courts of Appeals, and ultimately, the Supreme Court. In the entre history of the US, the US Senate has convicted only 8 Federal judges in impeachment trials, the most recent, Thomas Porteous for perjury, in 2010

XPOTUS appointee Matthew Kacsmaryk, of the Northern District of Texas, apparently wants the 9th slot:

The competition is fierce and will remain so, but for now he holds the title: worst federal judge in America.

Not simply for the poor quality of his judicial reasoning, although more, much more, on this in a bit. What really distinguishes Kacsmaryk is the loaded content of his rhetoric — not the language of a sober-minded, impartial jurist but of a zealot, committed more to promoting a cause than applying the law.

In an opinion released Friday, Kacsmaryk invalidated the Food and Drug Administration’s 23-year-old approval of the abortion drug mifepristone and, for good measure, found that abortion medications cannot be sent by mail or other delivery service under the terms of an 1873 anti-vice law.

Before being nominated to the federal bench by President Donald Trump in 2017, Kacsmaryk served as deputy general counsel at the conservative First Liberty Institute. He argued against same-sex marriage, civil rights protections for gay and transgender individuals, the contraceptive mandate and, of course, Roe v. Wade.

A trio of law professors writing in Wired take a step back but agree that Kacsmaryk went far beyond his authority:

[W]e would like to offer some clarification here. Because despite the barrage of predictions that this case could ban mifepristone and take it off the market, there are several basic legal principles suggesting that Judge Kacsmaryk’s power is limited and that a ruling for the plaintiffs will not necessarily change much at all with medication abortion.

First, as an amicus brief from FDA law scholars (including one of the authors of this piece) makes clear, Congress crafted procedures by statute for the FDA to use to withdraw approval of a drug. Judge Kacsmaryk cannot force the FDA to adopt another process to do the same—doing so would violate federal law. At best, he should only be able to order the agency to start the congressionally mandated process, which involves public hearings and new agency deliberations. This could take months or years, with no guarantee of the result.

Second, even if Judge Kacsmaryk forgoes this process and rules that the FDA’s approval was unlawful and that mifepristone is now deemed a drug without approval, he cannot force the FDA to enforce the decision. Because the FDA does not have the capacity to enforce its statute against every nonapproved product on the market, it has long been settled law, decided in a unanimous 1985 Supreme Court decision, that the agency has broad enforcement discretion, meaning the agency, not courts, gets to decide if and when to enforce the statute.

Times columnist Kate Shaw agrees:

The Biden administration should be swift and forceful in its response to Judge Kacsmaryk’s ruling, using every tool available to highlight the lawlessness of what the judge has done and to limit any damage that may occur.

Despite the Dobbs majority’s claim that overruling Roe and Casey would merely return the issue of abortion to the people and the democratic process, these plaintiffs seem driven by a single goal, one that has nothing to do with respecting democratic choices: to render abortion as inaccessible as possible in as much of the country as possible, even in states whose voters have elected to make abortion legal and accessible.

Much of the opinion is tonally shocking and medically unsound. Rather than using the term “fetus,” it refers exclusively to “unborn children” and “unborn humans.” It describes mifepristone as used to “kill” or “starve” a fetus, rather than end a pregnancy. It accuses the Biden administration of promoting “eugenics” for identifying the harms to families and existing children that flow from women being denied access to wanted abortions.

[T]he White House must recognize that adherence to well-worn norms — for instance, an orderly appeals process — is less consistent with a principled commitment to the rule of law than more aggressive responses to lawlessness.

The Religious Right knows it doesn't have the votes to prevail on the merits--especially since the "merits" of their arguments around abortion rest on assumptions that most people do not accept. And being religious makes them inflexible, which in turn makes them put their religious goals ahead of everything else, including the law and the lives of people who disagree with them.

When people lose, they get desperate. So while Kacsmaryk's ruling won't survive on appeal, you can bet he, and his co-religionists, won't stop trying to impose "god's" will on everyone else. 

I spent the morning going over an API for standards and style, which will result in an uncomfortably large commit before I leave the office today. I prefer smaller, more focused commits, but this kind of polishing task makes small code changes all over the place, and touches lots of files.

So while I have my (late) lunch, I'm taking a break to read some news:

• Chicago's El got color-coded route designations 30 years ago today. No more Howard-Dan Ryan line; now it's the Red Line.
• Web hosting service GoDaddy disclosed a years-long compromise that included attackers adding malicious code to their source repositories.
• Via Bruce Schneier, The Intercept explains that photos you crop in Microsoft Office (and other applications) aren't so much cropped as windowed, with tremendous security implications.
• Why are today's college students struggling so much?
• The Environmental Protection Agency has ordered Norfolk Southern Railroad to bear the costs of cleaning up East Palestine, Ohio.
• Archaeologists discovered the remains of a Roman amphitheater in what is now Guildhall, London.

Finally, the Securities and Exchange Commission has fined the Mormon Church $5m for failing to disclose its holdings as required by law. As the Church has some $32 billion in holdings worldwide, that $5m fine will sure sting.

Christopher Hitchens may have pissed off a lot of people, but I can't dispute the wisdom of that quote. And today, we have a story out of (where else?) Florida, where a fundamentalist Christianist college woke up and discovered that one of the King's Singers "openly maintained a lifestyle that contradicts Scripture:"

The King’s Singers, a Grammy Award-winning British a capella vocal ensemble, announced Monday that their planned concert at Pensacola Christian College was abruptly canceled two hours before the show due to “lifestyle” concerns.

In a statement posted on their website, the group stated that the Feb. 11 concert was due to “concerns related to the sexuality of members of our group.”

“We have performed at Pensacola Christian College before and we entered into the engagement in the knowledge that this is a fundamentalist Christian Institution. Our belief is that our music can build a common language that allows people with different views and perspectives to come together.”

Pensacola Christian College provided a more in-depth justification for the cancelation in a social media post on Monday, stating that the college cannot “knowingly” endorse anything that violates Scripture.

I sincerely hope none of the faculty members there wears garments weaved from two different threads.

Because this sort of thing pisses me off, here's a photo of Cassie from Sunday night, after we walked hither and yon all day:

She has the right idea.