The Daily Parker

Politics, Weather, Photography, and the Dog

Thinking of Orlando Gibbons

When I read this, I couldn't help thinking of this:

The silver Swan, who, living, had no Note,
When Death approached, unlocked her silent throat.
Leaning her breast upon the reedy shore,
Thus sang her first and last, and sang no more:
"Farewell, all joys! O Death, come close mine eyes! 
More Geese than Swans now live, more Fools than Wise."

In other burials of Caesar, former University of Chicago law students have had some unkind things to say about how Scalia treated minorities:

Ben Streeter, now an attorney with the Federal Election Commission and a former black student of Scalia’s, told Gawker that although he in fact passed Scalia’s course, he, too, noticed preferential treatment towards white students. Streeter said the final exam in one of Scalia’s classes included an unprecedented short-answer section, with answers that weren't covered in class. Streeter suspected Scalia had mentioned the material with students who came to visit him outside of class.

“In those days, the only students who came by to visit him were in the Federalist Society group,” Streeter told Gawker. “There was not a single black member of the Federalist Society in my three years at the University of Chicago.”

Phillip Hampton, the former president of the University of Chicago’s Black Student Law Association, told Gawker that he found it strange that “every black student’s lowest grade was in Scalia’s class.” He also remembered Scalia once saying that he could “usually tell papers that were written by African Americans,” even if they had no names on them.

Scalia at least remained perfectly consistent in these attitudes throughout his tenure in the Federal Courts. Remember last December, when he said black students should stay on the short bus?

The evil that men do lives after them; the good is oft interred with their bones; so let it be with Tony. We'll be clawing back Scalia's revanchist, racist, repulsive judicial legacy for two generations—or if not, we'll be a country I don't want to live in.

Who could have predicted?

Corporations that have lost major cases at the Circuit Court level are settling rather than try their luck with a post-Scalia Supreme Court:

GOP nonsense as technical debt

Technical debt occurs when you make a short-term coding decision to get something done, but in the process introduce an error or code smell you'll have to correct later.

Josh Marshall thinks the Republican Party did exactly that over the years, and Donald Trump is the refactoring:

This is a fairly good description of what the media is now wrongly defining as the GOP's 'Trump problem', only in this case the problem isn't programming debt. It's a build up of what we might call 'hate debt' and 'nonsense debt' that has been growing up for years.

The truth is virtually Trump's entire campaign is built on stuff just like this, whether it's about mass deportation, race, the persecution of Christians, Obamacare, the coming debt crisis and a million other things. At the last debate, Trump got pressed on his completely ludicrous tax cut plan. He eventually said growth (which if you calculate it would need to be something like 20% on average) would take care of the huge budget shortfall created by his tax plan. But Republicans can't really dispute this point since all of Republican campaign economics is based on precisely the same argument. What about Obamacare? Can Marco "Establishment" Rubio really get traction attacking Trump for having no specific plan to replace Obamacare when Republicans have spent the last five years repeatedly voting to repeal Obamacare without ever specifying a plan to replace it with? On each of these fronts, the slow accumulation of nonsense and paranoia - 'debt' to use our metaphor - built into a massive trap door under the notional GOP leadership with a lever that a canny huckster like Trump could come in and pull pretty much whenever. This is the downside of building party identity around a package of calculated nonsense and comically unrealizable goals.

Great. You know what solves technical debt sometimes? Starting over with a Version 2.0.

Freakin' NuGet

While I'm going through a boring cycle of NuGet updates, unit tests, and inexplicable app-publishing failures related to the above, I'm piling up a crapload of articles to read on my flight tomorrow:

Back to work. At least my build is succeeding now.

Authoritarian, phony, and probably going to win

Esquire's Charles Pierce is glad Trump is looking after "shitkickers like you," but he worries that stopping Trump will take more than just a moderate Republican:

The only way to stop He, Trump is not, as the Boston Globe so tragically suggests today, to have unenrolled people pick up the Republican ballot and vote for John Kasich. I can't think of a more impotent suggestion than that. In the general scheme of things, Kasich is worse off than either Cruz or Rubio and, also in the general scheme of things, no thinking Republican believes that the Commonwealth (God save it!) is important in any way at all. It's like a Democratic operative suggesting that his voters finagle with the results in, say, Mississippi. Come November, the Republicans could put up Zombie Abraham Lincoln Christ and still lose Massachusetts.

No, the only way to stop He, Trump is to give up on the twin fictions that have given him life—that government is something alien to us, instead of being the political manifestation of the popular will, and that elections are purely entertainment. The only way to stop He, Trump is to re-engage as citizens of a self-governing republic again, to realize that politics matter and that voting is more than an excuse for the PTA to run a bake sale. It is not time to make America great again. It's time to make America America again. 

Meanwhile, his brand of authoritarianism keeps building followers:

Trump’s base of white working-class authoritarians is scared of what they view as a “new” America, one in which they believe that the psychological and material wages of Whiteness will not be as great. A combination of the brain structures and cognitive processes of conservative-authoritarians, socialization by family and community, and disinformation from the right-wing “news” entertainment complex, reinforce those anxieties while also ginning up deep feelings of racial resentment toward non-whites.

Donald Trump is not necessarily the prime instigator or cause of those fears; he is just the Republican candidate who is most adept at manipulating them. Trump’s slogan “Make America Great Again” is a direct promise to restore a world where white folks are central to all things in the United States (to the degree that they are not), and their dominance, privilege and power are uncontested.

The worry I have, of course, is that people who aren't conservative authoritarians will vote for him in November. Because it seems obvious that he'll be the Republican nominee. And that's not a guy I want anywhere near real power.

Too many things to read during lunch

A medium-length list this time:

And this brings me to lunch.

The GOP reaps what it sowed

New Republic's Jeet Heer points out how the Republican Party's "Sourthern Strategy," going all the way back to the 1950s, led more or less directly to Donald Trump's campaign:

Far from being a “cancer” on Republicanism, or some jihadi-style radicalizer, he’s the natural evolutionary product of Republican platforms and strategies that stretch back to the very origins of modern conservatism in the 1950s and 1960s.

The racist voters swarming around Trump didn’t just pop out of nowhere. The Republicans have been courting them for decades now, in a dramatic break from the party’s origins. From its creation in 1854 in opposition to the expansion of slavery until the 1940s, the Republicans were the party of the North, and more anti-racist (albeit sometimes only marginally so) than the Democrats, whose most reliable base of support was the “solid” white South. 

The Southern Strategy was the original sin that made Donald Trump possible. If Republican voters were anywhere near as diverse as the Democrats’, a candidate like Trump would have been marginalized quickly. Conservative elites can denounce Trump all they want as a “cancer” or an impostor. In truth, he is their true heir, the beneficiary of the policies the party has pursued for more than half a century.

It's a long-ish article, worth the time.

Apple refuses order to cripple its products

U.S. Magistrate Judge Sheri Pym yesterday ordered Apple, Inc., to bypass security on the iPhone 5c owned by the San Bernadino shooters. Apple said no:

In his statement, [Apple CEO Tim] Cook called the court order an “unprecedented step” by the federal government. “We oppose this order, which has implications far beyond the legal case at hand,” he wrote.

“The F.B.I. may use different words to describe this tool, but make no mistake: Building a version of iOS that bypasses security in this way would undeniably create a back door,” Mr. Cook wrote. “And while the government may argue that its use would be limited to this case, there is no way to guarantee such control.”

The Electronic Frontier Foundation, a nonprofit organization that defends digital rights, said it was siding with Apple.

“The government is asking Apple to create a master key so that it can open a single phone,” it said Tuesday evening. “And once that master key is created, we’re certain that our government will ask for it again and again, for other phones, and turn this power against any software or device that has the audacity to offer strong security.”

This reminds me of the incremental logic of Joss Whedon's Dollhouse, where every choice the characters make along the way seems like the right thing to do at the time, if you skip the inconvenient implications of it.

Quel week-end

I haven't had a moment to blog this weekend, but wow, what a major political event yesterday. Justice Scalia died suddenly on Saturday, and almost immediately Senate Republicans said they won't allow any nominee from President Obama to come to a vote. As Josh Marshall points out, this had no purpose save one:

In a typically insightful Twitter spree last night, David Frum noted that "McConnell’s precipitate statement [that he would refuse to hold a vote on any Obama appointee] is wrong not only on grounds of appropriateness & timing, but even politics ..." As Frum notes, it is entirely unnecessary for McConnell to make this stark pronouncement. He and his Senate caucus could simply decide in advance to judge any nominee beyond the pale, reject them on a party line vote and run out the clock.

Part of me thinks this too. And I agree with David that it is simply wrong. But I think I know why McConnell is right out of the gate with a principle he seemingly has no need to explicitly invoke:to normalize the behavior, to stake out the maximalist position early in order to allow it time to become accepted as a given. And more than this, it makes sense for him to do so while the White House is bound by normative rules of propriety and decency to focus on statements and gestures of mourning rather than political brinksmanship.

As I said, there's no debate here. It's just a power-play, a refusal to fulfill a straightforward constitutional duty, which no one, not the President or anyone else, has the power to prevent. Let's not pretend otherwise.

Because the Republican Party doesn't want to govern; they want to rule. And this has been the case since 1964.

The Cato Institute hopes you can't do math

Some of my libertarian-minded friends have circulated an article written by Cato Institute senior fellow Daniel J. Mitchell, an anti- flat-tax advocate, claiming that Cam Newton will pay a 200% tax to California on his Superbowl earnings. Mitchell quotes "a Certified Public Accountant" writing in a Forbes article at length, ending with this legerdemain:

If the Panthers ... lose [the Superbowl, Newton] will only net another $51,000. The Panthers will have about 206 total duty days during 2016, including the playoffs, preseason, regular season and organized team activities (OTAs)....

Seven of those duty days will be in California for the Super Bowl... To determine what Newton will pay California on his Super Bowl winnings alone ... looking at the seven days Newton will spend in California this week for Super Bowl 50, he will pay the state ... $101,360 on $51,000 should they lose.

Except that's total bullshit. Did anyone else spot the problem with this?

See, Newton didn't earn $51,000 for losing the Superbowl; he earned over $1.1 million for losing the Superbowl. And a $100,000 tax on $1.1 million seems pretty reasonable to me, despite how unreasonable it seems to the Cato Institute (which thinks any tax on income is unreasonable and wants to repeal the 16th Amendment).

If Newton works 206 days in 2016, and 7 of them are in California, then 3.4% of his annual gross income is apportioned to California. But Newton will probably earn $31 million in 2016, not $51,000; and 3.4% of $31 million is, it turns out, $1,053,398.

(Come to think of it, the $51,000 bonus seems kind of small, doesn't it? I mean, since we're talking about fantasy money and not the compensation that most people earn.)

Mitchell's problem isn't that states like California have higher income taxes than other states. His problem is that doesn't want any income taxes, period. Fine; make that argument. But don't foist patently misleading headlines on completely misleading articles and claim you're presenting a real argument.