The Daily Parker

Politics, Weather, Photography, and the Dog

Alito challenges Thomas for "Most Corrupt Justice" award

Pro Publica reported this morning that Justice Sam Alito (R-$), who authored the Court's decision in Dobbs v Jackson Women's Health Organization that essentially (and I hope temporarily) undid Roe v Wade, spent some QT in Alaska with a billionaire and did not report this junket to the Court's ethics watchdog:

In early July 2008, Samuel Alito stood on a riverbank in a remote corner of Alaska. The Supreme Court justice was on vacation at a luxury fishing lodge that charged more than $1,000 a day, and after catching a king salmon nearly the size of his leg, Alito posed for a picture. To his left, a man stood beaming: Paul Singer, a hedge fund billionaire who has repeatedly asked the Supreme Court to rule in his favor in high-stakes business disputes.

Singer was more than a fellow angler. He flew Alito to Alaska on a private jet. If the justice chartered the plane himself, the cost could have exceeded $100,000 one way.

In the years that followed, Singer’s hedge fund came before the court at least 10 times in cases where his role was often covered by the legal press and mainstream media. In 2014, the court agreed to resolve a key issue in a decade-long battle between Singer’s hedge fund and the nation of Argentina. Alito did not recuse himself from the case and voted with the 7-1 majority in Singer’s favor. The hedge fund was ultimately paid $2.4 billion.

Alito did not report the 2008 fishing trip on his annual financial disclosures. By failing to disclose the private jet flight Singer provided, Alito appears to have violated a federal law that requires justices to disclose most gifts, according to ethics law experts.

In an unprecedented step that left me agape at its brazenness, Alito published an op-ed in the Wall Street Journal last night, even before the Pro Publica article came out:

Alito’s Journal column, bluntly headlined “ProPublica Misleads Its Readers,” was an unusual public venture by a Supreme Court justice into the highly opinionated realm of a newspaper editorial page. And it drew criticism late Tuesday for effectively leaking elements of ProPublica’s still-in-progress journalism — with the assistance of the Journal’s editorial-page editors.

An editor’s note at the top of Alito’s column said that ProPublica reporters Justin Elliott and Josh Kaplan had sent a series of questions to Alito last week and asked for a response by Tuesday at noon. The editor’s note doesn’t mention that ProPublica hadn’t yet published its story — nor that Alito did not provide his answers directly to ProPublica.

In his Journal column, Alito accurately anticipated the thrust of ProPublica’s yet-to-be-published article. He denied he had a conflict in accepting Singer’s “hospitality” or was obligated to disclose the 2008 trip. “Neither charge is valid,” he wrote preemptively.

He asserted that Singer was merely a casual acquaintance, with whom he spoke only fleetingly during the fishing trip, and was not aware of Singer’s connection to any subsequent court matter.

He said he accepted the offer of a seat on Singer’s private plane because it would otherwise have been unoccupied had he declined. A commercial flight, he wrote, would have imposed costs on taxpayers, who would have had to pay for the deputy U.S. marshals who provide security to Supreme Court justices to fly with him.

Like anyone with a pulse who has ever pondered the concept of "corruption" at any time in history, Josh Marshall calls bullshit, pointing out that the same guy who organized Alito's trip also hooked Justice Clarence Thomas (R-$) up with billionaire Harlan Crow:

[O]f course Singer didn’t just happen to going to Alaska. He was going to Alaska specifically to spend quality time with Sam Alito. The whole thing had been arranged by The Federalist Society’s Leonard Leo, who asked Singer if he and Alito could fly up with him on his private jet.

And here’s where the whole picture starts to come into focus — both the Alito story and the Thomas ones. ... Everyone here is part of Leo’s network. Harlan Crow is a big Republican donor but also a big Federalist Society donor. So is Paul Singer. So is the owner of the fishing lodge. In fact, Leo’s network is so vast and deep-pocketed that eventually he decided he was too big for the Federalist Society and struck out on his own. Indeed last year he secured a record-breaking $1.6 billion donation as a kind of judicial corrupt grub steak to fund all his future endeavors.

As we’ve noted before, there’s a long arc of the Federalist Society’s role placing justices on the Court. Thomas, now the oldest member of the Court, appointed in 1991, is old enough to have had a partly organic rise within the judicial ranks. He’s as much a part of the creation and maturation of the Federalist Society as one of its creations. By the time you get to a Brett Kavanaugh you’re talking about someone who was basically grown in a test tube for the specific purpose of one day serving on the Supreme Court.

We focus a lot on the pipeline the Federalist Society created to place ideologically true justices first on the appellate courts and then finally on the Supreme Court. What gets much less focus and what these stories highlight is the way the justices are essentially kept by the Federalist Society and the sponsor families once they ascend to the Court. It makes you wonder: which families got assigned to Neil, Brett and Amy?

I think Marshall gets it right. It's not like the Republicans on the Supreme Court are bought and paid for; it's more like they're pets.

I still have some optimism that the egregiousness of the corruption and ideological extremism on the Court will spur a backlash, but first we have to elect enough moderates to Congress (or at least the Senate) to get the power to do that. I think we're still another 10 years from that happening, during which time the corrupt Republican court will hurt a lot of people.

Remember, the right wing want power and money, and functioning democratic institutions get in their way. So whether they get the Court to decide cases in their favor or they so discredit the Court so it has no power to decide against them in the future, they win.

Time to re-read Gibbon, I think.

Knowing when to go

James Fallows contrasts the behavior of octogenarians US Senator Diane Feinstein (D-CA) and President Joe Biden:

It boils down to this:

—Sometimes what helps an individual hurts a larger cause. Things have come to that point for Senator Dianne Feinstein.

—Sometimes it works the other way, and an individual’s interests are aligned with a cause. I believe that applies to Joe Biden’s announcement that he is running for a second term.

Feinstein staying on, at age 89, increases problems for her party. Biden staying on, at age 80, reduces them. Here’s why.

Roger Federer stepped away, because of injury, at a point when our mental images are still of his grace. We are fortunate that Joan Baez and Paul McCartney are performing into their 80s, that Bonnie Raitt is sweeping the Grammys in her 70s, that Robert Caro is at work on his LBJ saga as he nears age 90.

The key difference between most of the people listed above, and these two senior Democratic leaders, is being in someone else’s way. Joan Baez can keep singing, and that doesn’t hurt Billie Eilish. The next novel by Joyce Carol Oates, in her 80s, will not stop writers in their 20s or 30s from making their mark.

But political figures like Joe Biden and Dianne Feinstein are unavoidably in other people’s way.

Fallows has an upcoming post on the US Supreme Court, where reports about the corruption of Associate Justice Clarence Thomas (R-$$) just keeps getting worse.

What did I do with all my free time before the Internet?

I think I wrote software and read a lot. You know, just what I do today. Stuff like this:

This afternoon we concluded Sprint 84 with a boring deployment, which makes me happy. We've had only one moderately-exciting deployment this year, and even that one didn't take long to fix, so I'm doing something right.

Reading while the CI build churns

I'm chasing down a bug that caused what we in the biz call "unexpected results" and the end-users call "wrong." I've fixed it in both our API and our UI, but in order to test it, I need the API built in our dev/test environment. That takes about 18 minutes. Plenty of time to read all of this:

Finally, the Times explains how last year's 257 traffic fatalities in New York City undermine the claims that "Vision Zero" is working. But Strong Towns already told you that.

OK, build succeeded, fix is now in Dev/Test...on with the show!

Too much to read

A plethora:

  • Google has updated its satellite photos of Mariupol, clearly showing the destruction from Russia's invasion and subsequent siege.
  • Senators Angus King (I-ME) and Lisa Murkowsky (R-AK) have introduced legislation to force the Supreme Court—read: Justices Thomas (R$) and Gorsuch (R)—to adopt a binding code of ethics. Presumably a Democratic bill that would actually let Congress set the Court's ethical standards will come soon.
  • On Monday, the city will cut down a bur oak they estimate has lived over 250 years.
  • The US Army will rename a Virginia fort after Lt. Gen. Arthur Gregg and Lt. Col. Charity Adams, replacing the name of a disgraced traitor named Robert E. Lee.
  • Carolyn Bryant Donham, whose false accusation that teenager Emmett Till whistled at her resulted in her fellow racists lynching the boy, died on Tuesday at 88.
  • Emma Durand-Wood discovers what many of us already knew: having a fitness tracker, and getting your steps in, makes you very aware of walkable environments.
  • Nicholas Dagen Bloom's new book explains why public transit in the US has done poorly for the last 75 years (hint: racism).
  • Max Holleran suggests a way to make US cities cleaner (and encourage more public transit use): make parking impossible.
  • Bruce Schneier suggests a publicly-funded AI could help save democracy—or at least offset the likely harms from only having privately-owned AIs.
  • Three Colorado teens face murder charges after an evening of throwing rocks from an overpass killed a 20-year-old driver.
  • In a less destructive prank gone wrong, seniors at Northridge Prep, a Catholic high school in north suburban Niles, accidentally let a steer loose in the village this morning.

Finally, as we approach the 50th anniversary of Gary Gygax creating Dungeons & Dragons, Christopher Borrelli suggests putting a statue of him up in downtown Lake Geneva. I concur. Or, since he spent the first seven years of his life just a few blocks away from where I'm sitting right now (on Kenmore near Wrigley Field), why not put one there, too? (One of my favorite memories from childhood is playing 5 minutes of AD&D with Gygax as DM.)

My domain name is 25 years old

On this day in 1998, I registered braverman.org, and just a few weeks later built the first draft of what became this blog. When I registered it, only about a million domain names existed, though 1998 turned out to be the year the Internet exploded worldwide. Just seven years earlier, only 100 .org names existed, so braverman.org may be one of the oldest .orgs out there. (For comparison, there are just about 350 million registered domain names today.)

Of course, the 25th anniversary of braverman.org hasn't yet become a global holiday, so a few other things happened in the last 24 hours:

  • The Democratic Party really wants US Senator Diane Feinstein (D-CA) to retire, as it has become painfully clear she can no longer perform her duties in the Senate, preventing us from confirming new judges. Seriously, ma'am, go.
  • We also want Justice Clarence Thomas (R) to go, especially after a new revelation that he sold property to the billionaire "friend" who has taken him on half-million-dollar vacations. Seriously, sir, go.
  • At least his colleagues on the Supreme Court all seem unimpressed with the "independent state legislature" bullshit espoused by some right-wing Republican state legislators.
  • New Republic's Timothy Noah thinks "remote work sucks," but (our hero writes from his open and airy home office just steps from his dog and refrigerator) not all of us do.
  • Paul Krugman explains how immigrants are saving America's economy.
  • The New York Times has a lot of good things to say about Chicago hosting next year's Democratic National Convention.
  • Your local, urban apiary might actually be hurting your neighborhood.

Finally, we have another gorgeous day in Chicago, a bit cooler than yesterday where I live thanks to delightful lake breeze, but still more like July than April. 

We knew who he was in 1991

Justice Clarence Thomas (R) began his lifetime tenure to the United States Supreme Court with the help of some old men who knew their behavior towards their subordinates would get them in trouble if they held Thomas accountable for his deplorable behavior towards Anita Hill. Since confirmation, Thomas has become more like himself, as the saying goes. In 1991 he was an arrogant, contemptuous middle-aged man who assumed anyone criticizing him or his behavior had a mental deficiency. Ah, but how much he's grown in those 32 years, right?

Ah, ha ha, ha. Between his extremist views on just about everything, to his intellectually dishonest theory of jurisprudence, to his flatly lying about his wife's corruption, we can add new charges of eye-popping sleaze more befitting a Chicago alderman than a Justice of the United States:

Supreme Court Justice Clarence Thomas said Friday he had been advised “by colleagues and others in the judiciary” that luxury trips financed by a close billionaire friend and conservative activist should be considered personal hospitality that did not have to be disclosed.

Thomas’s statement came more than 24 hours after a ProPublica report revealed that he had accepted luxury trips around the globe for more than two decades, including travel on a superyacht and private jet, from Harlan Crow, a Dallas business executive and influential donor to causes related to the law and judiciary.

“As friends do, we have joined them on a number of family trips during the more than quarter century we have known them,” Thomas said in the statement. “Early in my tenure at the Court, I sought guidance from my colleagues and others in the judiciary, and was advised that this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable.”

The arrogance and disdain for even minimal application for the rules that everyone else has to follow boggles the mind.

Alexandra Petri wasted no time laughing right in his face, particularly at his ridiculous assertion that "I prefer the RV parks. I prefer the Walmart parking lots to the beaches and things like that:"

Well, that describes me. I am not above anyone, except in the slight technical sense that I do control what rights you get to have. But you need not worry: I understand you and I am not contemptuously pandering to you: I genuinely think that you drive to Walmart for the delight of it! The simple joy of moving the carts around and putting them back, stopping at the little stop sign, and yelling indistinctly at your children not to run in front of other people’s cars! A classic American vacation!

I prefer to be where the rest of you — the rest of us! — love to be, which I assume from how much time you seem to spend there must be the parking lot of Walmart. Or an RV park! Yes, that is all I wish. The simple life.

So, you see, I could not possibly disclose any of these things, for they were not blessings but curses. These are the weights I must bear in my position. If someone with the power I wield were not meant to accept these heavy burdens, surely we as a court would have adopted a formal ethics code. But there is no need: It is understood that I take no pleasure in any of this. The American people need not worry. The yachts were suffering enough.

Uh huh. Vanity Fair's Eric Lutz isn't laughing:

Lest we forget, Thomas has already shown, time and again, exactly what he thinks of those ethical obligations. After all, this is the justice who refused to recuse himself from cases related to the 2020 election, despite his wife supporting—and encouraging—Donald Trump’s efforts to overturn that year’s election results. But the lifestyle that Thomas' friendship with Crow has afforded him shine an even more glaring light on his indifference to the principles of judicial integrity and independence—and underscore the need for real accountability on the nation’s high court, a lack of which has called the court's legitimacy into question.

The Supreme Court's conservatives have steadfastly resisted such calls, lamenting the public's deteriorating trust while refusing to do anything to earn it. “All of our opinions are open to criticism,” Chief Justice John Roberts said last year, amid public outcry over its disastrous Dobbs decision—an activist ruling if there ever was one. “But simply because people disagree with an opinion is not a basis for criticizing the legitimacy of the court.”

Roberts, of course, was arguing with a straw man. Public trust hasn’t cratered because people “disagree” with one opinion. It has plummeted because its right-wing majority—strong-armed into existence by Mitch McConnell and the Republicans—has abandoned the pretense that it is much more than the enforcement arm of the GOP. The conservatives have run roughshod over precedentreverse-engineered their legal rationales for seemingly ideological decisions; and, in the case of Dobbs’ author Samuel Alito, openly mocked critics.

I remind everyone that Congress has the power to set term limits on the Supreme Court. (The Constitution provides lifetime appointments to the Federal courts, but not to any specific court.) We need 67 votes in the Senate to toss Thomas on his ear, as the Senate failed to do when they had the chance in October 1991. But we only need 50 votes in the Senate and 217 in the House to retire his ass tomorrow.

Asyncing feeling

I spent all day updating my real job's software to .NET 7, and to predominantly asynchronous operation throughout. Now I have four stubbornly failing unit tests that lead me to suspect I got something wrong in the async timing somewhere. It's four out of 507, so most of today's work went fine.

Meanwhile, the following stories have backed up:

Finally, a very rich person is very annoyed after his or her private jet got stuck in the mud at Aspen's airport. It seems the guy sent to pull it out of the mud maybe needed another lesson on how planes work, because he managed to snap the nose gear right off the $3.5 million airplane. Oopsi. (There's video!)

Lunchtime links

Once again, I have too much to read:

Finally, it was 20 years ago tonight that Chicago Mayor Richard M. Daley had city workers vandalize Meigs Field so that he could sell the land to his pals. The Tribune has a photo history.

Sprint 80

At my day job, we just ended our 80th sprint on the project, with a lot of small but useful features that will make our side of the app easier to maintain. I like productive days like this. I even voted! And now I will rest on my laurels for a bit and read these stories:

Finally, the European Space Agency wants to establish a standard time zone for the moon. Since one day on the moon is 29.4 days here, I don't quite know what that will look like.