The Daily Parker

A day and a half after the unprecedented leak of Justice Alito's (R) draft opinion in Dobbs v Jackson, everyone and her dog has a reaction piece:

• David Von Drehle in the Post warns that Alito's arguments in Dobbs, if accepted as the final majority opinion, would imperil many other rights based on privacy law: "[S]hould Alito’s draft opinion be affirmed by the court’s majority, there will be little to prevent states from enacting limits [on contraception] if they wish. Women will have only as much guaranteed autonomy over their childbearing as they had in 1868. Alito’s draft recognizes the rights of an hour-old zygote, but not of a 12-year-old impregnated by a rapist."
• Jennifer Rubin concurs, saying the Court's "religion-driven mission" puts other settled law like Griswold v Connecticut and Lawrence v Texas in the crosshairs: "At its core, this Supreme Court’s right-wing majority seems eager to cast aside the restraints of precedent, making good on their supporters’ agenda rooted in Christian nationalism. In assuming life begins at conception (thereby giving the states unfettered leeway to ban abortion), Alito and his right-wing colleagues would impose a faith-based regimen shredding a half-century of legal and social change."
• Josh Marshall calls bullshit on Alito's long-professed "originalism:" "Alito recognizes that there are interpretive frameworks that address new issues not explicitly referenced in the constitution. That’s in this decision. But he keeps coming back to “history and tradition” as what really seems like a separate basis of authority. Basically old school values. And lots of rights won’t make that cut."
• Alex Shephard calls bullshit on Republicans trying to blame the leak for the Court's loss of legitimacy when, really, the activist Republican justices killed it: "There is a long tradition in conservative circles of finding every opportunity to claim victimhood. ... [But] the court’s legitimacy problems can, frankly be traced back to Bush v. Gore, if not earlier, when five Republican-appointed justices decided a presidential election based on their own partisan affiliations; this paved the way for President George W. Bush to appoint Samuel Alito."
• Law professor and former Federal prosecutor Joyce Vance concurs, saying "Reversing Roe, particularly in the manner Alito does, condescending, patronizing, forcing an end to women’s full participation as equals in society, will forever change the belief that the court is above politics and the public’s confidence in the Court."
• Adam Liptak of the Times agrees, hinting that Alito or one of his clerks might have leaked the draft as away of pressuring Justices Kavanaugh (R) or Gorsuch (R) to stay in the majority.
• George Will, fresh from his local dispensary, says the end of Roe gives everyone a chance to start over. Everyone, I suppose, except the women whose lives will be ruined or lost because of unwanted or unsafe pregnancies.
• Stephen Colbert Tweets, "I can’t believe how gullible Susan Collins is. But Susan Collins can." But Eric Garland reports on some aspects of Collins' history that paint a much worse picture of the Senator.
• Julia Ioffe reminds us that five of six of the Republican justices were appointed by presidents who lost the popular vote.

But, hey, guys? Please keep covering the other stories of the day. Like, for example, the corruption of Justice Thomas (R) and his wife.

Two surprising stories out of the UK involving public figures who behaved badly and got caught. First, former tennis star Boris Becker will spend 30 months in jail for hiding assets from the UK bankruptcy court:

The former tennis star had faced a jail sentence of up to 28 years under the Insolvency Act. He was found guilty of four charges by a jury at Southwark crown court earlier this month but acquitted of further 20 counts relating to his 2017 bankruptcy.

Once nicknamed Britain’s favourite German – the 54-year-old once joked he was “top of a short list” – the six-time grand slam winner was worth about £38m in his heyday in prize money and sponsorship deals.

Also today, Conservative MP Neil Parish (Tiverton and Honiton, Devonshire) turned himself in to the Commons standards committee after admitting he watched pornography in the House of Commons:

Rumours about the identity of the MP had been rife in Westminster since it emerged earlier this week that a female Conservative minister had reported seeing a colleague watching pornography on his phone in the Commons – an account corroborated by another MP.

Before Parish’s name emerged, several Conservative MPs, including Nickie Aiken and Simon Hoare, had called on the unnamed MP accused of watching pornography to resign, rather than risk others being wrongly named.

Guys, what the hell. Just don't.

Some odd stories, some scary stories:

• Microsoft has released a report on Russia's ongoing cyber attacks against Ukraine.
• Contra David Ignatius, military policy experts Dr Jack Watling and Nick Reynolds call Russia's invasion of Ukraine "the death throes of imperial delusion" and warn that Putin will likely escalate the conflict rather than face humiliation.
• Russia historian Tom Nichols puts all of this together and worries about World War III—"not the rhetorical World War III loosely talked about now, but the real thing, including the deaths of hundreds of millions."
• The Saudi Royal Family finally returned a Boeing 747-8 to the manufacturer after it had sat on the apron in Basel, Switzerland, for 10 years. The plane has 42 hours on it but may have to be scrapped.
• In other B747 news, Boeing admitted to $1.1 billion in cost overruns for the four planes the Air Force ordered to carry the President. Boeing will eat the costs after making a deal with the XPOTUS for a fixed-price contract. The Air Force should receive the planes in 2026.
• George Will thinks we should amend the Constitution to prohibit people who have served as US Senators from becoming President. He argues that too many senators use their office to run for president. But since World War II, all but one former senator who became president came from the Democratic Party (Biden, Obama, Nixon, LBJ, JFK, Truman), so I'm not sure it would pass the States even if it didn't also have to pass the Senate.

Finally, DuPage County officials have demolished a partially-completed mansion that sat vacant for 10 years, to the eternal sadness of its owner.

I mean...

• Josh Marshall takes another look at the astonishing bribe Saudi Arabia's de facto ruler paid to Jared Kushner and concludes it's not just a one-off favor; it's an ongoing relationship.
• Joan Williams argues that Democrats need to look at the class and economic aspects of the Right's economic populism, and maybe perhaps argue (correctly) that blaming people of color just takes the spotlight off the super-rich who are stealing from the middle?
• US Senator Elizabeth Warren (D-MA) makes essentially the same argument, with a reminder that the mid-term election is only 202 days away.
• A homeless-rights organization in Chicago argues that increasing the transfer tax on property sales over $1 million could fund real homelessness relief for real people.

Finally, a quirk in US copyright law has created a bonanza for litigators, along with the original creators of such diverse works as The Thing and Hoosiers.

I just finished upgrading an old, old, old Windows service to .NET 6 and a completely different back end. It took 6.4 hours, soup to nuts, and now the .NET 6 service is happily communicating with Azure and the old .NET Framework 4.6 service is off.

Meanwhile, the Post published a map (using a pretty lazy algorithm) describing county-by-county what sunrise times will look like in January 2024 if daylight saving time becomes permanent. I'd have actually used a curve tool but, hey, the jagged edges look much more "data-driven." (They used the center point of each county.)

Now it's 22:45 (daylight saving time), and I need to empty Cassie and go to bed. But I'm pretty jazzed by how I spent a rainy afternoon on PTO. It was definitely more rewarding than tramping out in the rain to a couple of breweries for the Brews & Choos project, which had been Plan A.

In one of those stopped-clock-is-correct-twice-a-day moments, the XPOTUS and I have similar assessments of former US Attorney General Bill Barr:

“Bill Barr cares more about being accepted by the corrupt Washington Media and Elite than serving the American people,” Trump wrote. “He was slow, lethargic, and I realized early on that he never had what it takes to make a great Attorney General.”

Also Barr “didn’t want to stand up to the Radical Left Democrats because he thought the repercussions to him personally, in the form of their threatened impeachment, would be too severe,” according to the former president.

“In other words, Bill Barr was a coward!” he added.

Barr didn't stand up to anyone, but otherwise, I completely agree with the XPOTUS on several points. But Barr has a shrewdness to him that will likely prevent any consequences of his behavior ever attaching to him, much like others who have held the position.

NPR's Steve Inskeep's interview of the former AG aired this morning, causing me to yell things back at the radio when Barr lied about nearly everything:

Before Trump tried to overturn the election, Barr was seen as one of his ruthless defenders, making decisions for the Justice Department that favored Trump and his allies.

He does not express regret for those decisions. He argues that too many political differences are turned into criminal investigations, which is why, he said, he personally intervened in high-profile cases during his tenure.

He dropped a charge against former national security adviser Michael Flynn for lying to the FBI, even though Flynn himself admitted to the crime. Barr said FBI agents did not have a good reason to question him.

Then there was Trump's infamous phone call with Ukrainian President Volodymyr Zelenskyy. In that 2019 call, Zelenskyy appealed for Javelin missiles to defend themselves against Russian tanks, weapons Ukraine now says it needs more of in its fight against the Russian invasion.

Trump asked Zelenskyy for help in digging up political dirt to use in his reelection. He urged Zelenskyy to talk with his personal lawyer Rudy Giuliani and with Barr. Barr says he had nothing to do with it.

"It was an absurd idea and it was pursued in a farcical way," Barr said. "But at the time, I didn't think it was criminal, and I still don't think it was criminal."

Barr wants you to think of him as one of the good guys. But he worked for the XPOTUS until two weeks before Biden's inauguration, using his office to help his friends and party. This self-hagiography is the real farce.

And wasn't it just Tuesday?

I got an email from HR this morning reminding me that I'm approaching the upper limit for paid time off in my bank. I thought, what with taking half a day here and there over the past year, I might not already have almost a month of vacation to use. Cue searching on VRBO for places Cassie and I might like.

Meanwhile, back in the present:

• Satirist and frequent Wait Wait...Don't Tell Me panelist PJ O'Rourke has died at 74.
• Anne Applebaum screams in frustration about how Western diplomats keep making own-goals when dealing with Russia. TNR's Casey Michel concurs.
• The former half-term governor of Alaska presented a boring case to Judge Jed Rakoff and lost, says Erik Wemple.
• Cranky Flier outlines what a few billion dollars might do at JFK.

But back to vacation: how cute is this place?

One hundred years ago today, President Warren Harding installed a "Radio Phone" in his White House office. As the Tribune reported, "Navy radio experts commenced work to-day installing the latest scientific means of communication."

Flash forward to now:

• Margaret Talbot argues that Justice Amy Coney Barrett, whom nobody ever elected to public office, is playing a long game to bring her right-wing Catholic ideology into the mainstream—or, at least, to enshrine it in the law.
• Times columnist Margaret Renkl, writing from Nashville, argues that Tennessee has bigger problems than just one school board banning Maus.
• Ultra-low-cost airlines Spirit and Frontier have merged, after years of dating and several previous feints toward the altar.
• The oldest pub in the United Kingdom will close because of lost revenue during the pandemic, according to its current proprietor. The landlord hopes the pub, first opened in 793 CE, reopens soon.

And finally, Max Boot asks, why does anyone care what Ben, Jerry, Whoopi, or Joe have to say? In my conversation just now with the reader who sent me the link, I pointed out that people have had about the same reaction to every new communications technology back to the printing press. (Probably back to the stone tablet, if you really think about it.)

In no particular order:

• Dale Clevenger played French horn for the Chicago Symphony Orchestra from 1966 to 2013. He was 81.
• Sheldon Silver went to jail for taking bribes while New York Assembly Speaker. He was 77.
• Lisa Goddard made climate predictions that came true, to the horror of everyone who denies anthropogenic climate change. She was 55.

In a tangential story, the New Yorker profiles author Kim Stanley Robinson, who has written several novels about climate change. (Robinson hasn't died, though; don't worry.)

Via Bruce Schneier, the New Jersey Superior Court has found that the NotPetya attack that disabled much of Merck's shipping network in 2017 was not an act of war by the Russian government, and therefore Merck's insurer may be on the hook for a $1.4 billion payout:

The parties disputed whether the Notpetya malware which affected Merck's computers in 2017 was an instrument of the Russian government, so that the War or Hostile Acts exclusion would apply to the loss.

The Court noted that Merck was a sophisticated and knowledgeable party, but there was no indication that the exclusion had been negotiated since it was in standard language. The Court, therefore, applied, under New Jersey law, the doctrine of construction of insurance contracts that gives prevalence to the reasonable expectations of the insured, even in exceptional circumstances when the literal meaning of the policy is plain.

The Court also noted that under New Jersey law, 'all risks' policies extended coverage to risks not usually contemplated by the parties unless a specific provision excluded the loss from coverage.

36 Group's article included the court order from December 6th. The ruling only applies to New Jersey, but I expect insurance companies will take hard looks at all of their "all risks" policies to see how much exposure they could have to another cyberattack. I suspect insurers will start demanding people protect their networks better, too, the way they have encouraged people to buy safer cars.

It might also bankrupt Ace American Insurance Co., but that won't change the follow-on effects of this ruling.