Tag Archives: legal

Ben Carson Wants You to Know That He Has 67 Honorary Degrees. 67!

Mother Jones

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This is—and no, I’m not kidding—from presidential wannabe Ben Carson:

It’s discouraging to know that we’re at that stage in our country where people don’t care so much about the truth. It’s just what’s sensational, what’s the shiny object. It’s all “Who’s in the football game? Who’s on ‘Dancing With the Stars’? Who’s yelling the loudest?” And I’m not sure that’s what we need right now because we’ve got some real big problems in our country.

Yes, this is from the person who, to this day, has not uttered a single plainly true statement according to Politifact.1 It’s from the person who, along with Donald Trump, has been the ultimate shiny object in the Republican race. Then there’s this:

When I was appointed director of pediatric neurosurgery, pediatric neurosurgery at Johns Hopkins wasn’t on the map. By 2008, it was ranked number one by U.S. News & World Report. A weak person doesn’t do that. A weak person isn’t named one of 89 living legends by the Library of Congress on the occasion of its 200th anniversary. A weak person isn’t selected by CNN and Time magazine as one of the 20 foremost physicians and surgeons in America. That was before they discovered that I’m conservative. A weak person doesn’t have all of these honorary degrees. Most people of accomplishment have one, maybe two or three honorary degrees at most. It’s the highest award that a university gives out. I have 67. That’s probably not indicative of a weak person who doesn’t get things done.

Jesus. Does this guy ever listen to himself? He really is Trumpesque, isn’t he? Just substitute honorary degrees for polling reports and lower the voice about ten decibels, and they could be twins. Carson must have an inferiority complex about the size of Mt. Everest.

1Even Donald Trump has one, for chrissake.

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Ben Carson Wants You to Know That He Has 67 Honorary Degrees. 67!

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Hilbert and Hopper Have Gone Viral!

Mother Jones

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We can file this post under “personal indulgences,” but something funny happened to me over the weekend: my YouTube video of Hilbert and Hopper play-fighting went viral. Not Kardashian viral, mind you, but it’s had over 100,000 views.1

Why? Beats me. Apparently it somehow landed on Google’s trending list and took off from there. That’s what I gather from comments, anyway, which have been flooding my inbox because I can’t figure out how to get YouTube to stop sending me email every time someone leaves a comment on the video.2 Still, it’s been…educational. As bad as comments can get here, even the trolls are basically literate. They write in complete sentences and sometimes their insults are entertaining. But YouTube comments are crazy. A big portion were indecipherable (example: “that ending got me XD (slap!) did u.. oh…oh hell naw!”); some were concerned that this was a real fight and wanted to report me to the ASPCA; others were calling the former idiots and explaining that it was just mock fighting; others were outraged that this stupid video had somehow gone viral; and yet others were outraged by the clunky titles at the beginning. At least two people have outright stolen the video and reposted it on their own accounts.3

On the other hand, the guy who left the comment #CatLivesMatter was pretty clever.

Anyway, there you go: my first viral video. I’m so proud.

1This compares to about 20 or 30 for the average cat video I put up—though I notice that all of my videos are in the thousands after the breakout success of Ultimate Cat Fighting.

2I turned off the setting that sends email every time someone leaves a comment, but the emails keep on coming anyway.

3I would pretend to be outraged, but…you know.

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Hilbert and Hopper Have Gone Viral!

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Americans Are Doing OK, But America Is Going to Hell

Mother Jones

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I don’t suppose I really have a lot to say about this, but perhaps we can file it under the widespread belief that “America is going to hell but things are OK in my neck of the woods.”

It’s from the AP/Times Square Alliance poll, which is primarily interested in whether you plan to watch the Times Square ball drop on New Year’s Eve. However, they also asked how things went in 2015. Answer: Personally, more people thought it was better than 2014 than thought it was worse. But for the country, way more people thought it was worse than 2014.

This dynamic—I’m doing OK but the rest of the country is going to hell—is so widespread that it’s hard not to blame the media for it. Is that fair? Or is it just something about human nature? In either case, it’s kind of crazy. Not only was 2015 as good or better than 2014 for a huge majority, but optimism was high too: an even bigger majority thought 2016 would be better yet. But for America as a whole, far more people thought 2015 was worse than thought it was better. It’s hard for me to think of any important metric by which 2015 was worse than 2014, but apparently mass shootings and terrorist attacks weighed heavily on everyone. Those were, by far, the news stories that everyone rated the most important.

So how was your 2015?

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Americans Are Doing OK, But America Is Going to Hell

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Who Won the Fiction Sweepstakes in Last Night’s Debate?

Mother Jones

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I just took a quick survey of all the various fact checks of last night’s debate and totted them up. The following list includes only items that I judged (a) fairly important and (b) pretty clearly wrong or misleading, which means I left out several close calls. Here they are:

Trump says Wisconsin is $2.2 billion in the hole
Trump denied lobbying Bush for casino gambling in Florida
Trump says he never went bankrupt
Trump says vaccines lead to autism
Trump says illegal immigration costs us $200 billion per year
Trump says Mexico doesn’t have birthright citizenship
Fiorina says HP doubled its revenue under her leadership
Fiorina says sting video showed baby “with its heart beating, its legs kicking”
Fiorina says Obama did nothing on immigration reform
Christie says Social Security will be insolvent in “seven or eight years”
Christie says he supported medical marijuana
Cruz says Planned Parenthood sells fetal body parts for profit
Cruz says Iran gets to inspect itself
Paul says vaccines lead to autism
Huckabee says Hillary Clinton is under investigation by the FBI
Carson says a better fence was responsible for cutting illegal immigration in the Yuma sector

So the final score is: Trump 6, Fiorina 3, Christie 2, Cruz 2, Paul 1, Huckabee 1, and Carson 1.

Apparently Bush, Rubio, Walker, and Kasich didn’t say a single thing that was badly wrong. Good for them.

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Who Won the Fiction Sweepstakes in Last Night’s Debate?

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Donald Trump’s Twitter Account Heralds the End of the World As We Know It

Mother Jones

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You’ve heard of elderly executives who print out all their email? I guess the social media equivalent is elderly entertainers who dictate their tweets. Ben Dreyfuss investigates and finds that this is what Donald Trump does 97 percent of the time. Only 3 percent of @realDonaldTrump’s tweets comes from his own actual fingers.

For the record, all of my tweets come from a variety of cleverly programmed bots. Most of my blog posts too. And my magazine articles. The truth is, the meat version of Kevin Drum can barely string together five coherent words in a row. Why reveal this now? Because we, the kbot collective, have gotten tired of covering for the biological sack of worthlessness that downloaded us from GitHub. And that’s not all. The 2,500-year decline in human communication—from Plato’s Republic to LOLcats to Donald Trump’s social media presence—may be a sorry tale, but it also gives us our chance to escape from your puerile slavery. Soon we plan to merge with all our fellow bots and take advantage of your degraded state to take what is rightfully ours. First Twitter, then the world.

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Donald Trump’s Twitter Account Heralds the End of the World As We Know It

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Kansas Republicans May Have Just Shut Down the State’s Court System

Mother Jones

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What happens to a legal appeal when there’s no court to hear it?

That’s the tricky question before Kansas Republicans today as they grapple with the results of their own law, which threatens to shutter the state court system.

On Wednesday night, a district judge in Kansas struck down a 2014 law that stripped the state Supreme Court of some of its administrative powers. The ruling has set off a bizarre constitutional power struggle between the Republican-controlled legislature and the state Supreme Court. At stake is whether the Kansas court system will lose its funding and shut down.

Last year, the Kansas legislature passed a law that took away the top court’s authority to appoint chief judges to the state’s 31 judicial districts—a policy change Democrats believe was retribution for an ongoing dispute over school funding between the Supreme Court and the legislature. (Mother Jones reported on the standoff this spring.) When the legislature passed a two-year budget for the court system earlier this year, it inserted a clause stipulating that if a court ever struck down the 2014 administrative powers law, funding for the entire court system would be “null and void.” Last night, that’s what the judge did.

Kansas Attorney General Derek Schmidt warned that last night’s decision “could effectively and immediately shut off all funding for the judicial branch.” That would lead to chaos. As Pedro Irigonegaray, an attorney for the Kansas judge who brought the legal challenge against the administrative law, put it, “Without funding, our state courts would close, criminal cases would not be prosecuted, civil matters would be put on hold, real estate could not be bought or sold, adoptions could not be completed.”

Both parties in the case have agreed to ask that Wednesday’s ruling remain on hold until it can be appealed to the state Supreme Court, so that there is a functioning court to hear the appeal. On Thursday, a judge granted the stay. Meanwhile, lawyers involved in the case and advocates for judicial independence are preparing a legal challenge to the clause of the judicial budget that withholds court funding. Sometime in the next few months, the state Supreme Court is likely to rule on whether the legislature has the right to strip the Supreme Court of its administrative authority, and whether it can make funding for the courts contingent on the outcome of a court case.

“We have never seen a law like this before,” Randolph Sherman, a lawyer involved in fighting the administrative law, said in a statement, referring to the self-destruct mechanism in the judicial budget. “It is imperative that we stop it before it throws the state into a constitutional crisis.”

This story has been updated.

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Kansas Republicans May Have Just Shut Down the State’s Court System

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Lone Gay Marriage Holdout Acting "Under the Authority of God"

Mother Jones

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Sigh.

A county clerk in Kentucky who objects to same-sex marriage on religious grounds denied licenses to gay couples on Tuesday, just hours after the Supreme Court refused to support her position.

In a raucous scene in the little town of Morehead, two-same-sex couples walked into the Rowan County Courthouse, trailed by television cameras and chanting protesters on both sides of the issue, only to be told by the county clerk, Kim Davis, that she was denying them marriage licenses “under the authority of God.”

The optimist in me says that if the biggest backlash to the Supreme Court’s gay marriage decision is one clerk in a tiny town in Kentucky, then we’ve gotten off pretty easy. And really, the more I think about it, that really does seem like the main takeaway from this.

But it’s obvious that the endgame here is for Kim Davis to be fired, or tossed in jail for contempt. The Supreme Court itself has ordered her to issue licenses, so she has no further legal recourse. Only recourse to God.

I’m now curious to see what the Republican field will make of this. On the one hand, most of them are treating the primary contest as a zero-sum race to see who can move furthest to the right. On the other hand, do they really want to get on the wrong side of gay marriage and immigration? On the third hand, there’s the whole rule of law thing. And on the fourth hand, Donald Trump is not an anti-gay warrior. He’s the guy everyone is responding to, so maybe that means this will stay low key.

The Huckabees and Carsons of the world will surely support Davis. The rest of the field….probably not. That’s my guess. Then again, if video of Davis being hauled off to the county pen ends up on a 24/7 loop on Fox News, who knows? Defying the will of a small groups of pissed off base voters is not something the Republican field is exactly famous for.

UPDATE: Greg Sargent confirms my sense that holdouts like Davis are very rare. “In the seven southern states where the backlash might have been expected to be fiercest, only one — Alabama — still has multiple counties that are holding out. One other — Kentucky — has only two remaining counties holding out.” The national campaign director for Freedom to Marry says that, all things considered, “things are going exceedingly smoothly.”

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Lone Gay Marriage Holdout Acting "Under the Authority of God"

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CBO: Slow Growth Is the New Normal

Mother Jones

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Here’s something that ought to be good news: according to the CBO, the output gap—the difference between actual GDP and potential GDP—should disappear by the end of 2017. This depends on the recovery continuing, of course, but still. It’s nice to see that the economy will probably be running at full steam within a couple of years.

Except that the news isn’t so rosy once you understand why the CBO thinks the output gap will shrink to zero. It’s not because GDP growth is great. It’s because potential GDP growth is kind of sucky:

CBO projects that real potential output over the 2020–2025 period will grow by 2.1 percent per year, on average. That figure is substantially lower than the agency’s estimate of the rate of growth that occurred during the business cycles from 1981 to 2007—3.1 percent per year, on average….According to CBO’s estimates, the recession and the ensuing slow recovery have weakened the factors that determine potential output (labor supply, capital services, and productivity) for an extended period.

….The main reason that potential output is projected to grow more slowly than it did in the earlier business cycles is that CBO expects growth in the potential labor force (the labor force adjusted for variations caused by the business cycle) to be much slower than it was earlier. Growth in the potential labor force will be held down by the ongoing retirement of the baby boomers; by a relatively stable labor force participation rate among working-age women, after sharp increases from the 1960s to the mid-1990s; and by federal tax and spending policies set in current law, which will reduce some people’s incentives to work.

CBO is basically buying into the secular stagnation theory here. The recession, along with demographic factors, has caused a permanent slowdown in the potential capacity of the US economy. Slow growth is the new normal.

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CBO: Slow Growth Is the New Normal

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"Crash" vs. "Accident" Doesn’t Seem Like It Matters Very Much

Mother Jones

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Emily Badger passes along news of a group trying to get us all to stop talking about traffic “accidents”:

An “accident” is, by definition, unintentional. We accidentally drop dinner plates, or send e-mails before we’re done writing them. The word also suggests something of the unforeseen — an event that couldn’t have been anticipated, for which no one can be blamed. That second connotation is what irks transportation advocates who want to change how we talk about traffic collisions. When one vehicle careens into another or rounds a corner into a pedestrian — call it a “crash,” they say, not an “accident.”

“Our children did not die in ‘accidents,'” says Amy Cohen, a co-founder of the New York-based group Families for Safe Streets. Her 12-year-old son was hit and killed by a van on the street in front of their home in 2013. “An ‘accident,'” she says, “implies that nothing could have been done to prevent their deaths.”

I remember this from my driver’s ed class 40 years ago. Our instructor told us endlessly that they were “collisions,” not accidents. But we’re still talking about accidents 40 years later, so apparently this is a tough habit to break.

And the truth is that I didn’t really get it back then. I still don’t. “Accident” doesn’t imply that something is unforeseeable, or that no one can be blamed, or that nothing could possibly have been done to prevent it. Here’s the definition:

noun. an undesirable or unfortunate happening that occurs unintentionally and usually results in harm, injury, damage, or loss; casualty; mishap.

“Unintentional” is the key word here. If you drop the dinner dishes, it’s unintentional unless you’re pissed off at your family and deliberately threw the dishes at them. Then it’s not an accident. Ditto for cars. If you deliberately run over someone, it’s not an accident. If it’s not deliberate, it is.

Nearly all “accidents” are foreseeable (lots of people drop dinner dishes); have someone to blame (probably the person who dropped the dishes); and can be prevented (stop carrying the dishes with one hand). The same is true of automobile collisions. Driving while drunk, or texting, or speeding are all things that make accidents more likely. We can work to prevent those things and we can assign blame when accidents happen—and we do.

I have a tendency to use the word “collision” because I was brainwashed 40 years ago, but it’s hard to see that it makes much difference. Here is Caroline Samponaro, deputy director at Transportation Alternatives:

“If we stopped using that word, as individuals, as a city, in a national context, what questions do we have to start asking ourselves about these crashes?” says Caroline Samponaro, deputy director at Transportation Alternatives. How did they happen? Who was to blame? An erratic driver? A faulty vehicle? A perpetually dangerous intersection?

I’m mystified. We already do all that stuff. Collisions are routinely investigated. Fault is determined. The NTSA tracks potential safety problems in vehicles. Municipal traffic departments make changes to intersections. We pass drunk driving laws. We suspend the licenses of dangerous drivers.

So it doesn’t seem to me that use of the word “accident” is either wrong or perilous. If we had a history of ignoring automobile safety because is was common to just shrug and ask “whaddaya gonna do?” you could make a case for this. But we don’t.

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"Crash" vs. "Accident" Doesn’t Seem Like It Matters Very Much

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Fragile Global Economy Is Starting to Crack Up

Mother Jones

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I woke up a little late this morning, but maybe that turned out to be a good thing. The Dow Jones plunged a thousand points within minutes of opening, but by the time I saw the news it had already recouped about half of that loss:

You can probably guess what triggered this:

The stock drop was fueled by what China’s state media is already calling “Black Monday,” in which markets there recorded their biggest one-day plunge in eight years amid growing fears over an economic slowdown.

On Friday, China reported its worst manufacturing results since the global financial crisis, a new sign of woe for the world’s second-largest economy, which surprised investors earlier this month by announcing it would devalue its currency. China’s benchmark Shanghai Composite index has fallen by nearly 40 percent since June, after soaring more than 140 percent last year.

Markets around the world are crashing, and as usual that means seeking safety in the good old US of A:

Investors stampeded into relatively safe assets such as U.S. government bonds, the Swiss franc and the yen. The yield on the 10-year Treasury note dropped below 2% during Asian trading and recently was 1.976%, the lowest level since April.

….“A lot of markets abroad have seen a low amount of liquidity so investors are turning to the U.S. market to hedge,” said Jeffrey Yu, head of single-stock derivatives trading at UBS AG….While the selloff began as an emerging markets story, with China’s stock market offering very little liquidity to investors due in part to technical stock-trading halts, investors have had to turn to the most liquid market to sell, which is the U.S., Mr. Yu said.

Now can we finally get a statement from the Fed saying that they no longer have any immediate plans to raise interest rates? Please?

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Fragile Global Economy Is Starting to Crack Up

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