Civil Liberties

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Prop 8 is ruled illegal

In a ruling my husband said he could have made, Judge Vaughn Walker held this afternoon that the Califorina voter approved proposition is unconstitutional.  The Prop 8 Suporters are expected to appeal and to argue that Judge Walker is gay and therefore biased..  I call this grasping at straws.

The Washington Post quoted Governor Schwarzenegger who as Govenor was the noninal defendant.

In a statement, California Gov. Arnold Schwarzenegger (R) said, “For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves.”

You may recall that the case was aruged by what has been described as the legal “odd couple”.  The New York Times put it this way

…the plaintiffs’ case was argued by David Boies and Theodore Olson, ideological opposites who once famously sparred in the 2000 Supreme Court battle beween George W. Bush and Al Gore over the Florida recount and the presidency. The lawyers brought the case — Perry v. Schwarzenegger — in May 2009 on behalf of two gay couples who said that Proposition 8 impinged on their Constitutional rights to equal protection and due process.

The San Franciso Chronicle reported

Within minutes of the ruling, Maria Ydil, 31, and Vanessa Judicta, 32, headed to City Hall to apply for a marriage license. It was not immediately clear if they would get a license or be allowed immediately to marry.

A crowd trailed behind singing, “The Chapel of Love.”

While they were allowed to fill out paperwork, they were denied a license because the judge issued a stay on enforcement of the ruling pending further hearings on the issue, a city official said.

From the Times

“Being gay is about forming an adult family relationship with a person of a same sex, so denying us equality within the family system is to deny respect for the essence of who we are as gay people,” said Jennifer Pizer, the marriage project director for Lambda Legal in Los Angeles, who filed two briefs in favor of the plaintiffs. “And we believe that equality in marriage would help reduce discrimination in other settings because the government invites disrespect of us when it denies us equality.”

Between this decision making its way though the appeals process and the Massachusetts decision on the Defense of Marriage Act, the Supreme Court is going to have a pivitol role in the next step toward equal rights.   I will be posting more on this in coming days, as I digest the ruling, but I think that the Loving v. Virginia decision is finally going to be extended to same sex marriage as well. 

 

 

 

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Taxes and Gay Marriage

I wrote about a lawsuit filed in Massachusetts to end the Defense of  Marriage Act back in March and yesterday Ellen Goodman published a good piece about why this is important.  Titled “A Strange Duel Citizenship”, Goodman writes

THEY ARE NOT the only married couple in America who talk about taxes and ulcers in the same sentence. Nor are they the only couple who believe they are paying more than they should. On that ground they are part of a noisy majority.

But they are a couple for whom tax season also entails an identity crisis. You see, Melba Abreu and Beatrice Hernandez file state taxes as what they are – a legally married Massachusetts couple. But under federal law, they have to file federal taxes as what they aren’t – two single women.

This identity crisis is not just some psychological blip on the cheerful landscape of their family life. In the last four years, the government’s refusal to consider them a married couple has cost the writer and the CFO of a nonprofit about $5,000 a year. As Beatrice puts it, “We don’t know anyone for whom $20,000 and counting isn’t significant.”

This is not about forcing states to choose to marry people.  It is about the simple act of recognizing legal marriages in other states.  It is not different from my straight marriage being recognized in Massachusetts even though I got married in Virginia.  Goodman concludes

So what do you say about an out-of-date law that enforces an identity crisis? What do you say about a law that “defends” marriage by denying it? The winds are blowing, but in a very different direction.

Amendment to this post

When I wrote this on Saturday morning, I hadn’t seen Stephen Colbert’s video mocking the anti-gay marriage ad – which he describes as combining the 700 Club and the Weather Channel.  Take a look.

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Secret Memos

The George W. administration was fond of secrecy:  secret renditions to foreign countries, secrect meetings to develop an energy plan, and secret legal opinions were among the secrets.  We’ve known about the existance of the John Yoo memos to justify just about everything for a while now, but the content is now public and he is either a very bad lawyer or he wanted to please his masters at Justice and in the White House so much he would write anything thing.

John Dean has a long essay  in FindLawanalyzing the Yoo memos and their effect of the Office of Legal Counsel.

In reading these newly-released memos, along with the previously-released documents relating to the use of torture as an interrogation technique, it is pretty clear who was the bad apple at OLC, it was the lead attorney in pursuing these extreme and baseless OLC positions law professor John Yoo. It is likely that Yoo did the drafting, and then either he or his boss, the Assistant Attorney General in charge of OLC, Jay Bybee, signed off on the memos. Bybee now sits on the U.S. Court of Appeals for the Ninth Circuit.

Dean also discusses the quality of Yoo’s legal work

Because Yoo became the leading legal adviser to the Bush White House after 9/11, many have looked closely at his scholarship, and more will likely scrutinize Yoo’s work with this new release of his OLC work product. When writing Broken Government, I paused to look at Yoo’s work and frankly was shocked to find such an intelligent person engaging in blatant intellectual dishonesty. It was not merely occasional excesses. Rather, when I examined his book War By Other Means, I found page after page of his material to be filled with deliberate distortions. In my book, I set forth example after example of his technique, and in doing so, I did not even scratch the surface of his deceitful methods of advocacy.

Also, I found that I was not alone in questioning Yoo’s intellectual integrity. For example, Georgetown law professor David Luban, when reviewing Yoo’s book War By Other Means for the New York Review of Books(Mar. 15, 2007), reported that “Yoo argues forcefully and intelligently, but not always honestly. Half-truths, straw men, double standards, selective quotations, significant omissions, and caricatures of his opponents’ positions – all are characteristic of War By Others Means.” [Emphasis added.] Unfortunately, this is how Yoo wrote legal opinions for OLC as well, which was very much contrary to the prior standards of that office.

So, are we going to prosecute Yoo and Bybee?  Maybe they really didn’t have any evil intent, but they were interested in justifying the actions of those they worked for and those actions lead to violations of little things like the Geneva Conventions and the Convention Against Torture.

Seven newly released memos  from the Bush Justice Department reveal a concerted strategy to cloak the President with power to override the Constitution. The memos provide “legal” rationales for the President to suspend freedom of speech and press; order warrantless searches and seizures, including wiretaps of U.S. citizens; lock up U.S. citizens indefinitely in the United States without criminal charges; send suspected terrorists to other countries where they will likely be tortured; and unilaterally abrogate treaties. According to the reasoning in the memos, Congress has no role to check and balance the executive. That is the definition of a police state.

That is Marjorie Cohn’s take on Alternet.  She concludes

There are more memos yet to be released. They will invariably implicate Bush officials and lawyers in the commission of torture, illegal surveillance, extraordinary rendition, and other violations of the law.

Meanwhile, John Yoo remains on the faculty of Berkeley Law School and Jay Bybee is a federal judge on the Ninth Circuit Court of Appeals. These men, who advised Bush on how to create a police state, should be investigated, prosecuted, and disbarred. Yoo should be fired and Bybee impeached.

President Obama is probably smart to not lead the charge, but to let Congress and the natural course of events to dictate prosecution.  He and Eric Holder should just continue to mine the archives and release information.  I have to believe that prosecutions will happen in the natural course of events. 

Meanwhile over at the blog RedState, the most recent post is Warner Todd Hudson’s Fist [sic] Kill the Lawyers  in which he rants about a Boston Globe story about lawyers getting laid off.  (Why anyone would rejoice at anyone being laid off, I’m not sure but that is for a different discussion.)  Hudson concludes

So, I rejoice at the troubles seen by Boston’s legal eagles and I hope their discomfiture is felt in every city of the land. I further hope that many of them find useful work in some furniture store or perhaps a nice Taco Bell somewhere. At least they’d finally be serving the public instead of milking them dry.

Anyway, let’s not kill all the lawyers in literal fashion. But let’s encourage them to seek a new profession, shall we?

Can we start with Yoo and Bybee?

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The Current State of Baseball and Illegal Drugs

It is no secret to people who know me or anyone who follows this blog and has read my occasional baseball posts but I love baseball.  I follow certain basketball teams but I really don’t watch unless one of them is playing.  Baseball on the other hand, particularly live baseball is a love.  If it is live, I can watch any two teams at any level play.  I think I like the game so much because it one one of the things that my grandfather who spoke little English and I could watch in common.

This spring training 2009, what is the state of baseball.  Well, I think that the use of steroids is down.  George Vescey writes in the New York Times in his column titled “The Incredible Shrinking Baseball Player.”

Baseball clubhouses seem to be getting bigger this spring, with more room to move around. Or maybe the players are becoming smaller.

Out of the roughly 1,000 major leaguers in spring training camps, a couple of dozen appear to have lost significant weight in the off-season, all in the name of health and agility.

Some of them did it by eating grilled fish. Others played active video games with their children. Some went on diet programs or took up yoga. Others cut back on alcohol. Whatever they did, clubhouse attendants are coming up with smaller uniforms all over Florida and Arizona.

Whether or not it is because they are no longer using steroids or because, like many of us non ballplayers, they are discovering a healthier lifestyle, Vescey can’t say.  But he has his suspicions.

“You have to be a little skeptical, given the context of watching bodies change,” Dr. Gary Wadler, an internist and member of the World Anti-Doping Agency, said Thursday. “The explanation then was that they were eating more and working out more. Now if you hear players say, ‘We changed our ways,’ all you can do is be suspicious.”

But the weight loss can be good.

The model for clean living and technique over brute size is Derek Jeter of the Yankees, whose physique and hitting style have never fluctuated since he came up in 1995. Jeter seemed to be quietly seething last week when having to discuss revelations of steroid use by Alex Rodriguez. Not all of us did it, Jeter veritably hissed. That is an important fact to remember as players assert their inner athlete.

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Baseball players did not necessarily need all the bulk they were sporting in the last generation, said Dr. Michael Joyner, deputy director and vice dean for research at the Mayo Clinic, an expert in exercise physiology.

“I think it’s better to say people were going in the easier direction,” Dr. Joyner said, referring to past weight gain. “Athletes are supercompetitive. Many of them are almost sociopaths in almost a friendly way,” he added, saying that players would compete in anything, including body mass.

Dr. Joyner recalled the power of a small hitter like Jim Wynn and a slender pitcher like Ron Guidry, of the 1960s and 1970s. He also praised the immortal lefty Sandy Koufax and the four-time Olympic discus champion, Al Oerter, who combined athletic ability and technique.

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Still, thin just may be in. This minitrend has been labeled the Pedroia Effect by Greg Lalas, retired soccer player and writer for Goal.com. He was referring to the 5-foot-9-inch, 180-pound second baseman with the Red Sox who hit .326 with 17 home runs last year and was named most valuable player in his league.

I knew I’d get a reference to a member of the Red Sox in there someplace.

But the big story, at least in my mind, is the tie between the Barry Bonds trial for perjury and the tactics of the Bush Justice Department.  Who knew that all those questionable tactics would come home to roost in the trial of a baseball player for using steroids?

David Zirin writing in The Nation and also appearing of the Rachel Maddow show makes this connection.  His story “The US v. Barry Bonds” begins

This is a story about garbage. There’s the actual garbage overzealous federal investigators examined in their efforts to prosecute a surly sports celebrity. There’s the shredding of the Bill of Rights, crudely ignored by the government in the name of obsession and ambition. Finally, there’s the thorough trashing of people’s reputations, not to mention the game of baseball. Welcome to The US v. Barry Bonds; please disregard the stench.

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The embodiment of this obsession was IRS agent Jeff Novitzky. He broke open the BALCO case after spending a great deal of time, to the adulation of the press, literally sifting through garbage and sewage.

Novitzky was given the green light by President Bush and Ashcroft to go for the jugular. In 2004, accompanied by eleven agents, he marched into Comprehensive Drug Testing, the nation’s largest sports-drug testing company. Armed with a warrant to see the confidential drug tests of ten baseball players, he walked out with 4,000 supposedly sealed medical files, including every baseball player in the major leagues. As Jon Pessah wrote in ESPN magazine, “Three federal judges reviewed the raid. One asked, incredulously, if the Fourth Amendment had been repealed. Another, Susan Illston, who has presided over the BALCO trials, called Novitzky’s actions a ‘callous disregard’ for constitutional rights. All three instructed him to return the records. Instead, Novitzky kept the evidence….”

It was a frightening abuse of power, all aimed at imprisoning a prominent African-American athlete. Yet despite the landfills of trash, the government’s case always rested on a flimsy premise. Bonds’s contention under oath was that anything illegal he may have ingested was without prior knowledge. The only person who could contradict Bonds was his trainer and longtime friend Greg Anderson. The government pressed Anderson to give testimony. He refused, citing a promise made by the feds that he wouldn’t have to testify after pleading guilty to steroid distribution and money laundering in 2005. The feds stuck him in jail for thirteen months to soften him up, but he didn’t crack.

We all knew that the Bush Justice Department was completely ignoring the Constitution to keep us safe from terroists, but to convict baseball players who used steroids?  I guess it could be a threat to the American pasttime.

It’s way past time to say enough is enough.

Whether or not you are a Barry Bonds fan, or consider him to be just a step above a seal-clubbing, pitbull-fighting bank executive, every person of good conscience should be aghast at the way the Justice Department has gone about its business. Barry Bonds, Greg Anderson and maybe thousands of others have had their rights trampled on, all for the glory of a perjury case that looks to be going absolutely nowhere. Attorney General Eric Holder and President Obama have strongly indicated that the government is getting out of the steroid monitoring business. That is welcome, but after so many years, so many tax dollars and so many reputations destroyed, it all feels positively Pyrrhic.

You can also watch Dave on the Rachel Maddow Show.

I’m sure that there will be another drug.  And I sure that ball players get through the long season and the travel using the occasional upper, but for now at least healthy living seems to be a trend.