Extremists and history

Last week I caught a snippet of news about a state legislator in Oklahoma who wanted to redo the Advance Placement History syllabus to emphasize the speeches of Ronald Reagan.  I gather he was also not interested in any multicultural aspects of our history.  And he also didn’t understand that changing AP history would keep students from getting college credit for the class – one of the reasons kids take AP classes.  According to CNN, Oklahoma is only one state that doesn’t like the new framework for history under the Common Core.  I don’t think that everyone will ever agree on what should be included in our history class.  For example, the internment of the Japanese Americans into camps during World War II was never taught in my high school history class.  I took care of that by doing a report on my grandparents.  History is such a huge subject and these classes are designed to touch on a few highlights.  And a framework is just that, a framework.  Students and teachers can hang a lot of information within that framework.

What frightens me is that some of the same people who think they know better than historians what should be taught in high school history are the same people who are also religious fundamentalists.  Many in our fundamentalist Christian movement want to make Christianity the state religion.  Forget that the U.S. Constitution prohibits establishment of a state religion. These folks like to carry around pocket-sized copies of the Constitution, but I don’t think they have actually read it.  Will their next fight be to teach only about Christianity and not other religions and cultures?

Destruction

There is sickening news out of Iraq and Syria.  This is the part of the world that we learned about in world history class as the “Cradle of Civilization”.  Yes, it was mostly Western Civ, but the Mesopotamian influence was far-reaching.  I was watching MSNBC when they ran the video of men taking sledge hammers and drills to 7th century B.C. statues destroying them forever.  The New York Times wrote this

The limestone sculptures, statues and reliefs smashed by militants in northern Iraq provided valuable historical insights into kingdoms that flourished thousands of years ago and were crucial in the formation of early Arab identity, experts say. The destruction took place in Mosul, in one of the most important museums in the Middle East.

On Friday, archaeologists and historians in Iraq and around the world studied a video posted by the Islamic State showing millenniums-old artifacts being smashed by sledgehammers, seeking to come to terms with what artistic and historical riches had been lost in an exercise clearly meant to promote the militants’ extreme beliefs and project their power.

As with all news programs and video, the pictures ran again and again.  I could only watch once.

The World Post (from the Huffington Post) quotes one of the destroyers

The region under IS control in Iraq has nearly 1,800 of Iraq’s 12,000 registered archaeological sites and the militants appear to be out to cleanse it of any non-Islamic ideas, including library books, archaeological relics, and even Islamic sites considered idolatrous.

“Oh Muslims, these artifacts that are behind me were idols and gods worshipped by people who lived centuries ago instead of Allah,” a bearded man tells the camera as he stands in front of the partially demolished winged-bull.

“The so-called Assyrians and Akkadians and others looked to gods for war, agriculture and rain to whom they offered sacrifices,” he added, referring to groups that that left their mark on Mesopotamia for more than 5,000 years in what is now Iraq, eastern Syria and southern Turkey.

“Our prophet ordered us to remove all these statues as his followers did when they conquered nations,” the man in the video adds. The video bore the logo of the IS group’s media arm and was posted on a Twitter account used by the group.

But this is only the most recent destruction of history.

In January, Islamic State militants ransacked the Central Library of Mosul, smashing the locks and taking around 2,000 books — leaving only Islamic texts. Days later, militants broke into University of Mosul’s library. They made a bonfire out of hundreds of books on science and culture, destroying them in front of students.

The day after Baghdad fell to U.S. troops in April 2003, looters burst into the Iraqi National Museum in the Iraqi capital, making off with scores of priceless artifacts and leaving the floor littered with shattered pottery. The U.S. was widely criticized at the time for failing to protect the site.

Yes, we are also complicit in failing to protect world heritage.

But it is the ransacking of the library and the burning of the books that leads me to a comparison to the fundamentalist Christians in this country.  They have in common with ISIS a tunnel vision that allow only for one point of view.  One religion.  One way of thinking.  It seems to me that all fundamentalists have a common root:  To destroy that which is other or different.  I am not comparing that Oklahoma legislator to an ISIS terrorist, let me be clear about that.  What I am saying is that while the manifestation of their beliefs may be different, they share a desire to make everyone adhere to what they know is best.  It is done through terror and killing in Syria, Iraq, and Africa and stupid legislation in the United States, but the end goals seem to me to be the same.

Photograph:  AP

Judge Moore and Justice Thomas and marriage equality in Alabama

I guess that Alabama Supreme Court Chief Justice Roy Moore is taking his cues from Supreme Court Justice Clarence Thomas’ dissent instead of from the actual ruling in which the majority of the United States Supreme Court refused to stay a District Court ruling that allowed the state to become the 37th state to allow same – sex marriages.  According to the Washington Post story, Justice Thomas wanted a stay.

The court is months away from hearing arguments in a landmark case about whether states are free to ban such unions. But Thomas said a majority of the justices may have already made up their minds, as reflected by the court’s “indecorous” decision Monday morning allowing same-sex marriages to proceed in Alabama.

“This acquiescence may well be seen as a signal of the Court’s intended resolution of that question,” Thomas wrote in a dissent from the court’s order refusing to stay the weddings. “This is not the proper way to discharge our . . . responsibilities.”

Thomas and his pal, Justice Scalia voted for a stay.  And I think he is probably right.  The more states that allow marriage equality and the more couples that marry, the harder it will be to overturn any lower court rulings.  It may turnout that the Supreme Court will “compromise” by letting the few states in which the Appeals Court has overturned lower court rulings that not allowing marriage equality violates either the state or U.S. Constitution, but I think they are headed for a Loving v. Virginia kind of decision.

However, Judge Moore appears to have decided that he’d rather go with Thomas than the actual ruling.  Judge Moore ordered Alabama probate judges not to issue marriage licenses to same-sex couples.  According to the Washington Post

Much of the legal uncertainty in Alabama over same-sex marriage centers on Roy Moore, chief justice of the state’s Supreme Court. On Sunday night,Moore told Alabama’s probate judges not to issue marriage licenses, defying a federal judge. This is not the first time Moore has refused to follow a federal judge’s ruling.

We all remember when Judge Moore refuse to remove that large stone Ten Commandments monument from the courthouse.  The Post explains

Until this week, Moore’s claim to fame was being the “Ten Commandments judge.” The controversy that led to Moore being ousted from the bench involved a large monument to the Ten Commandments that had been installed in the Alabama Judicial Building in Montgomery.

This two-and-a-half-ton monument, and Moore’s fight to keep it in place, served as a cultural flash point. Civil liberties groups argued that it violated the church-state separation, while conservative and religious supporters of Moore defended his actions.

The Southern Poverty Law Center, the American Civil Liberties Union and Americans United for the Separation of Church and State filed a lawsuitarguing that the monument violated the constitutional prohibition against religious endorsement. The U.S. Court of Appeals for the 11th Circuit agreed, ordering Moore to remove the monument.

He was then removed from his judgeship by the state ethics panel, but was reelected in 2012.

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So as a result of Judge Moore deciding the Thomas dissent was better than the refusal to grant a stay, Alabama is in chaos.  There are now counties where no marriage licenses are being issued at all, some that are just refusing same-sex couples, and others who are complying with the district court.

There will be more lawsuits as people are denied the right to marry.  I wonder what Justice Thomas will do when the next appeal from Alabama reaches the Supreme Court, but I think the Alabama ethics panel will be having another hearing with Judge Moore.

Dean Smith and Carolina basketball

My mother, Marii Hasegawa, loved Atlantic Coast Basketball, but she really loved the Tar Heels the best.  Even after my sister got her Masters degree from Duke, my mother refused to root for them when they played North Carolina.  I have only been to one Final Four, but it was in 1982 and I got to see North Carolina win it all.

Dean Smith, the North Carolina basketball coach, after the Tar Heels defeated Georgetown for the N.C.A.A. championship in 1982

Dean Smith, the North Carolina basketball coach, after the Tar Heels defeated Georgetown for the N.C.A.A. championship in 1982

My mother was happy; my aunt who favored Georgetown, was not.

Richard Goldstein writing the obituary in the New York Times points out that while Dean Smith was a legendary basketball coach he should be remembered for a great deal more.

Smith’s 879 victories rank him No. 4 among major college men’s basketball coaches, and his teams won two national championships. He turned out a host of all-Americans, most notably Michael Jordan, perhaps basketball’s greatest player, but he emphasized unselfish team play. He was a member of the Basketball Hall of Fame and a four-time national coach of the year.

Like most successful coaches, Smith was adept at diagraming plays on a blackboard. But unlike many, he ran a program that was never accused of N.C.A.A. violations, and some 97 percent of his players graduated.

President Obama awarded Smith the Presidential Medal of Freedom, the nation’s highest civilian award, in November 2013, presenting it to his wife, Linnea, who represented him at a White House ceremony.

In addition to citing Smith’s achievements on the court, Mr. Obama praised his “courage in helping to change our country” through his progressive views on race relations.

He drew on a moral code implanted by his parents in Depression-era Kansas to break racial barriers in a changing South. He challenged segregation and recruited Charlie Scott, who became the first starring black basketball player in the Atlantic Coast Conference.

“My father said, ‘Value each human being,’ ” Smith recalled in “A Coach’s Life” (1999), written with John Kilgo and Sally Jenkins. “Racial justice wasn’t preached around the house, but there was a fundamental understanding that you treated each person with dignity.”

Smith’s parents instilled a sense of racial tolerance in him, in a highly segregated state, long before the modern civil rights movement. His father [a high school basketball coach] put a black player named Paul Terry on his 1933-34 team, which won the state championship, though Terry was barred from playing in the state tournament by Kansas sports officials.

I remember hearing a lot of players say they made decisions well into adulthood only after consulting with Coach Smith.  I remember when Michael Jordan wanted to leave UNC early some of the announcers saying that Jordan was leaving only after promising his mother and Coach Smith he would get his degree.  He did.

The Charlotte Observer has this anecdote.

Smith the innovator also was Smith the motivator. But he didn’t give rah-rah pep talks. He typically explained what they needed to do to win and the significance of the moment.

Once at Maryland, however, he did promise to sing “Amen” – the Terps’ late-game theme song – if the Tar Heels beat Lefty Driesell’s club. Carolina won and Smith fulfilled his vocal promise, but according to reports, he would not have won the “American Idol” title.

“He was not much as a singer,’’ recalled guard Ged Doughton.

Many will write about Dean Smith’s contributions to the game of basketball.  For example, his “Four Corners” offense made the shot clock necessary.  But I want to remember him for his views off the court also.  In an article from 2013, Barry Jacobs wrote

Smith was periodically approached about running for the U.S. Senate from North Carolina as a Democrat. But the publicity-shy coach disdained the glad-handing involved in soliciting votes and raising money. Besides, he said, “I’d never get elected if people in North Carolina realized how liberal I am.”

He was probably right. Over the years Smith spoke in favor of a nuclear freeze and for gay rights. He opposed capital punishment. He joined a Chapel Hill street protest against the war in Vietnam. When President George H.W. Bush sent American troops into Iraq in 1991, Smith asked: “Why can’t the United States band together for some other good thing like (fighting) poverty? If you want to kill somebody, then everybody’s for it.”

 My mother loved Carolina basketball and she admired Dean Smith.  If they had ever met I think they would have had a lot to say to each other.

Photograph:  Pete Leabo/Associated Press

 

Ghettoside

We are all thinking this January 2015 about relationship between the minority – in particular, black – communities and the police. Ghettoside by Los Angeles reporter, Jill Leovy, is a timely addition to the conversation.

The homicide rate in Los Angeles, in Watts and in South Central in particular, consists of young black men killing other young black men. The clearance rate for these murders is very low. Because of the difficulties in finding witnesses willing to testify and a culture that put a low premium on their lives, many police resorted to arresting those they knew were guilty of murder but against whom they had insufficient evidence, of “proxy crimes.” These crimes included public drinking, possession of drugs, and parole violations. These arrests did get killers off the streets, but they were often viewed as harassment.

Ghettoside is the story of two murders and of John Skaggs, the white police detective who solved both. Skaggs was the detective who actually cared and he and his partners preserved until both cases resulted in convictions. Leovy chose as victims the son of a black police detective and a tenth grader son of a single mother home health care worker. Neither were gang affiliated. One would expect effort to solve the case concerning a fellow police officer, but given the culture of the L.A. police at the time, not the other. Skaggs worked through police budget cuts and the lack of resources his entire career. He and his first partner and later those they trained cared. They cared about the families, the victims and the witnesses. They solved homicides. Leovy gives us a small glimpse into what makes Skaggs tick, but I never learned enough to understand why he was different, why he was driven to solve these crimes that few others cared about.

The unfolding of the investigations reads like a mystery story. Some may get confused about the multiple characters, but I found it no more confusing than reading Ngaio Marsh or Agatha Christie. I did find that Leovy’s digressions into the roots of both black on black crime and white indifference distracting and, in the end, superficial. Leovy is not an historian or sociologist and the strength of this book is her reporting on the crimes and the investigations. She began a blog for the Los Angeles Times called the “Homicide Report” in 2007. The report chronicles every homicide in the city to the current day. Every city should have a similar blog.

Ghettoside ends with a quote from William J. Stuntz. Stuntz was a Harvard Law School Professor who studied the criminal justice system and died much too young. “Poor black neighborhoods see too little of the kids of policing and criminal punishment that do the most good, and too much of the kinds that do the most harm.” This also sums up Ghettoside.

I highly recommend this book.

This was first published as a review for LibraryThing with an Advanced Readers Copy.  The book will be available on January 27.

 

 

The Supremes, Judge Posner, and gay marriage

The news late last week that the Supreme Court would hear an appeal from the Sixth Circuit ruling upholding bans on same-sex marriage in Ohio, Michigan, Kentucky, and Tennessee brought to mind the Seventh Circuit ruling last fall written by Judge Posner.  Mark Joseph Stern writing in Slate noted that suddenly there was a “race” among judges to …”write the one marriage equality opinion that history will remember.”  But Stern wrote

Thursday’s ruling by 7th Circuit Judge Richard Posner, which struck down Indiana’s and Wisconsin’s gay marriage bans, is a different beast altogether. In his opinion, Posner does not sound like a man aiming to have his words etched in the history books or praised by future generations. Rather, he sounds like a man who has listened to all the arguments against gay marriage, analyzed them cautiously and thoroughly, and found himself absolutely disgusted by their sophistry and rank bigotry. The opinion is a masterpiece of wit and logic that doesn’t call attention to—indeed, doesn’t seem to care about—its own brilliance. Posner is not writing for Justice Anthony Kennedy, or for judges of the future, or even for gay people of the present. He is writing, very clearly, for himself.

Ironically, by writing an opinion so fixated on the facts at hand, Posner may have actually written the one gay marriage ruling that the Supreme Court takes to heart.Other, more legacy-minded judges have attempted to sketch out a revised framework for constitutional marriage equality, granting gay people heightened judicial scrutiny and declaring marriage a fundamental right. But Posner isn’t interested in making new law: The statutes before him are so irrational, so senseless and unreasonable, that they’re noxious to the U.S. Constitution under almost anyinterpretation of the equal protection clause.

I spent time this morning reading Judge Poster’s opinion.  It is readable and understandable even by non-lawyers.  He takes each argument made by Indiana and then Wisconsin against same-sex marriage one at a time and uses precedent, social science, and history to demolish them.  Posner sets out to answer four questions.

Does the challenged practice involve discrimination, rooted in a history of prejudice, against some identifiable group of persons, resulting in unequal treatment harmful to them?

Is the unequal treatment based on some immutable or at least tenacious characteristic of the people discriminated against (biological, such as skin color, or a deep psychological commitment, as religious belief often is, both types being distinct from characteristics that are easy for a person to change, such as the length of his or her fingernails)? The characteristic must be one that isn’t relevant to a person’s ability to participate in society.

Does the discrimination, even if based on an immutable characteristic, nevertheless confer an important offsetting benefit on society as a whole?

Though it does confer an offsetting benefit, is the discriminatory policy overinclusive because the benefit it confers on society could be achieved in a way less harmful to the discriminated-against group, or underinclusive because the government’s purported rationale for the policy implies that it should equally apply to other groups as well?

Throughout his decision, Judge Posner concentrates on children and marriage.  The same persons who argue against same-sex marriage are often the same persons who argue that the state needs to encourage heterosexual marriage to provide stability to children.

Our pair of cases is rich in detail but ultimately straight- forward to decide. The challenged laws discriminate against a minority defined by an immutable characteristic, and the only rationale that the states put forth with any conviction— that same-sex couples and their children don’t need marriage because same-sex couples can’t produce children, intended or unintended—is so full of holes that it cannot be taken seriously. To the extent that children are better off in families in which the parents are married, they are better off whether they are raised by their biological parents or by adoptive parents. The discrimination against same-sex couples is irrational, and therefore unconstitutional even if the discrimination is not subjected to heightened scrutiny, which is why we can largely elide the more complex analysis found in more closely balanced equal-protection cases.

In Indiana a same-sex couple can adopt while in Wisconsin, one member of a same-sex couple can adopt.  So the logical conclusion is that marriage is just as important for same-sex couples with children as for heterosexual couples with families.  And he points out that those who say that same-sex marriage will some how erode or damage heterosexual marriage need only to look at the 10 year history in Massachusetts to see that there is no impact at all.

Judge Posner’s decision is full of “zingers” most aimed with impatience at irrational argument.  But he also takes aim at Justice Scalia citing his dissent in Lawrence v. Texas which struck down laws against sodomy.

…But Justice Scalia, in a dissenting opinion in Lawrence, 539 U.S. at 586, joined by Chief Justice Rehnquist and Justice Thomas, thought not. He wrote that “principle and logic” would require the Court, given its decision in Lawrence, to hold that there is a constitutional right to same-sex marriage. Id. at 605.

In the end, Judge Posner can find no rational argument against same-sex marriage.

Pete Prete with Equality Beyond Gender waved a Marriage Pride flag attached to an American flag outside the Supreme Court in Washington on Friday.

Pete Prete with Equality Beyond Gender waved a Marriage Pride flag attached to an American flag outside the Supreme Court in Washington on Friday.

The Supreme Court will hear arguments on two questions:  The right to marry and the right to have out-of-state marriages recognized.  Because there are four states in the appeal with four different questions, the Supreme Court in accepting the appeals wrote the questions they will try to answer.  Some in the legal community were alarmed, but the New York Times quotes Harvard Law professor, Lawrence Tribe

“The court’s order represents good housekeeping,” said Laurence H. Tribe, a law professor at Harvard.

But Professor Tribe also voiced a small note of caution.

“The rephrased questions,” he said, “technically leave open a middle path along which the court would prevent states from discriminating against same-sex couples lawfully married in their home states without requiring any state to take the affirmative step of issuing its own marriage licenses to same-sex couples.”

I haven’t seen the appeal documents, but if the arguments are anything like those from Indiana and Wisconsin and I assume they are as those are the arguments being made nationally, the Supreme Court need to look no further than Judge Posner’s decision for answers and require the right to marry in all states.  And, after all, Justice Scalia has already concluded that once sodomy laws are found unconstitutional, same-sex marriage must follow.  I predict a 7-2 decision in favor of the right to marry.  We will see in June if I am correct.

Photograph:  Jabin Botsford/The New York Times

Looking at President Obama

The annual Gallup poll of the most admired man has just picked President Obama.  Even among Republicans he tied with Pope Francis.  But to hear some Republican elected officials and pundits, Barack Obama is the devil incarnate.  If he says the sky is a little cloudy, they will say it is clear.  So what is going on?  Are people finally catching on to what he has accomplished?  Are people starting to look beyond the media’s short attention span?  I don’t have any answers, but I know that the President has managed more than one could ever imagine given the Tea Party and solid Republican opposition to everything he proposes. Even people like Paul Krugman, who one would think would be a supporter, was not.  But Krugman has changed his mind and in October wrote a widely circulated defense.

When it comes to Barack Obama, I’ve always been out of sync. Back in 2008, when many liberals were wildly enthusiastic about his candidacy and his press was strongly favorable, I was skeptical. I worried that he was naive, that his talk about transcending the political divide was a dangerous illusion given the unyielding extremism of the modern American right. Furthermore, it seemed clear to me that, far from being the transformational figure his supporters imagined, he was rather conventional-minded: Even before taking office, he showed signs of paying far too much attention to what some of us would later take to calling Very Serious People, people who regarded cutting budget deficits and a willingness to slash Social Security as the very essence of political virtue.

I certainly haven’t agreed with everything Obama has proposed or done, but no one agrees with anyone else 100% of the time.  And there have been some scary moments.  Remember the “Grand Bargain”?  But we can list as accomplishments the Affordable Care Act, Dodd-Frank financial reform (despite the reluctance of Congress to fund the Consumer Protection Bureau and the recent gutting of the prohibitions on banks and derivatives.), the steady improvement of the economy (the only one in the world not on the verge of tanking again) and the ending of our combat roles in the wars in Iraq and Afghanistan.  But I just don’t understand the continuous bashing by everyone.  Plus, I firmly believe that the mid-term elections would not have been quite so bad if the Democrats had had the guts to run on the President’s record.

Krugman writes

But now the shoe is on the other foot: Obama faces trash talk left, right and center – literally – and doesn’t deserve it. Despite bitter opposition, despite having come close to self-inflicted disaster, Obama has emerged as one of the most consequential and, yes, successful presidents in American history. His health reform is imperfect but still a huge step forward – and it’s working better than anyone expected. Financial reform fell far short of what should have happened, but it’s much more effective than you’d think. Economic management has been half-crippled by Republican obstruction, but has nonetheless been much better than in other advanced countries. And environmental policy is starting to look like it could be a major legacy.

I think one of the problems the President has is that he is a canvas on which each person paints the picture of what they want him to be.  Michelle Bachmann sees him as a non-Christian, non-American.  Cornel West thinks he is a ‘counterfeit progressive”, meaning, I guess a conservative in progressive clothing.  The problem is people do not look at facts.  And they certainly don’t understand the character of the man.  I found this description of him on the golf course very apt.

One of the golfers who played with Mr. Obama said the way the president carried himself on the course provided significant insight into his character.

“If you came down from Mars and saw his disposition on the golf course, you would think he would be a pretty good president,” the golfer said. “He’s honest, he keeps his composure through terrible adversity, he’s unruffled, he smiles, and he doesn’t quit.”

Obama

This is why after the mid-term elections, President Obama was able to have what Kevin Drum writing in Mother Jones magazine was able to call “a Hellava month”.  Drum lists his accomplishments during November and December.  Here are a few from his list.

  • November 11: Concluded a climate deal with China that was not only important in its own right, but has since been widely credited with jumpstarting progress at the Lima talks last week.

  • November 20: Issued an executive order protecting millions of undocumented workers from the threat of deportation.

  • November 26: Signed off on an important new EPA rule significantly limiting ozone emissions.

  • December 17: Announced a historic renormalization of relations with Cuba.

Plus a number of judicial and other nominees were approved by the Senate before they went home for the holidays. Jennifer Bendery explains in the Huffington Post.

If there’s one thing from 2014 that will define President Barack Obama’s legacy after he’s left the White House, it’s the number of lifetime judges he put on the federal bench.

In its final act of the year, the Senate blew through a dozen U.S. district court nominees on Tuesday night. That puts Obama at a whopping 89 district court and circuit court confirmations for the year, and means he’ll wrap up his sixth year in office with a grand total of 305 district court and circuit court confirmations — a tally that puts him well beyond where his predecessors were by this point in their presidencies.

It may be that, in the end, his biggest effect on the judiciary isn’t sheer numbers as much as the diversity of his judges. Forty-two percent of Obama’s confirmed judges are women, 19 percent are black and 11 percent are Hispanic, according to data provided by the White House. Eleven of his confirmed judges are openly gay or lesbian.

Even the 12 nominees confirmed Tuesday night will make a mark: Robert Pitman will be the first openly gay judge to serve in the Fifth Circuit, which includes Texas, Louisiana and Mississippi. Loretta Biggs will be the first black woman to serve as a district judge in North Carolina.

The most interesting part of the nominee confirmation story is that the last were made possible by Senator Ted Cruz who probably had no idea what he was doing.

Democrats spent the final days of the lame duck thanking Sen. Ted Cruz (R-Texas) for inadvertently helping to expedite votes on Obama’s nominees. On Friday, Cruz derailed a plan by party leaders to leave for the weekend and come back Monday in an effort to force a show vote on Obama’s immigration executive action. The stunt kept senators in session all day Saturday, with hours to kill. So, Senate Majority Leader Harry Reid (D-Nev.) used the time to tee up votes for the 12 district court nominees still on the calendar.

With two years to go, I don’t think any of us should write President Obama off as a “lame duck”.  He seems to be freed by not having to run for office again.  We all need to stay tuned to see what he does next.

Photograph:  Uncredited from Mother Jones.

 

 

Some cartoonists view the 2014 mid-term election

There are some great cartoons this Sunday on the President and the mid-terms.  Here are a few.

First from Signe Wilkinson

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Another view of the President and Congress from Nick Anderson.

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And my favorite from Stuart Carlson.

 

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I have to think that President Obama is expecting the Republican Congress to erect roadblocks and force him to veto some of their legislation (like repealing the Affordable Care Act), but I’m not sure there are many Republicans left who understand that their job is to actually govern.  We shall see.

A personal remembrance of Mayor Thomas M. Menino

Tom Menino died yesterday at the young age of 71.  After having declined to run for a 6th term, he officially retired from office in January this year and was soon after diagnosed with advanced cancer.  He was my boss for some 13 years – I think everyone who worked for the City of Boston considered him that – but I was far enough up the food chain to have only a couple of layers between us.  Plus I was on committees and volunteered  in ways that put me in touch with him.

I believed it was when he was running for term number 5 that a poll showed that 57% of Boston residents had met him personally.  I assume that those polled were adults and not children as I have to believe an even higher percentage of kids had met him as he made the rounds of community centers, schools and other events.

Menino spoke with Edrei Olivero, 7, of Mattapan, before a neighborhood walk in 2010. (Yoon S. Byun/Globe Staff)

Menino spoke with Edrei Olivero, 7, of Mattapan, before a neighborhood walk in 2010. (Yoon S. Byun/Globe Staff)

In fact, my favorite memory of the Mayor was with a little girl.  I know I’ve told this story before but I’m telling it again.

I was at a Boston Housing Authority community day.  Early summer, late afternoon.  Some people were grilling and there were chips and stuff, but the big attraction for the kids was the ice cream.  If I remember correctly, Ben and Jerry’s had donated, or one of their stores or distributors had, ice cream and cones.  Some volunteers were scooping it out.  A little girl had attached herself to me and wanted some.  I got her a cone and we were walking away with it when the ice cream fell out of the cone and onto the ground – right at the feet of the Mayor.  She started to cry.  He picked her up and took her over the ice cream table and got her another cone.  Of course he cut into the front of the line.  One boy started to object and another whispered loudly, “That’s the Mayor.” She was happy.  The Mayor was happy.

And that is how I will remember him most.  He loved all the children of Boston and I think they loved him back.

 

Menino spent his last Halloween (2013)as mayor of Boston as he always did -- on his Hyde Park front porch giving out candy to neighborhood children. (Suzanne Kreiter/Globe Staff)

Menino spent his last Halloween (2013)as mayor of Boston as he always did — on his Hyde Park front porch giving out candy to neighborhood children. (Suzanne Kreiter/Globe Staff)

 

Ebola, the flu and other health risks

I just got my flu shot.  I get one every year.  While it might not keep me from getting sick this winter, in all likelihood it will keep me from getting really sick.  I just hope that everyone else I interact with has also gotten a flu shot.

Frank Bruni wrote about this in this morning’s New York Times.

During the 2013-2014 flu season, according to the Centers for Disease Control and Prevention, only 46 percent of Americans received vaccinations against influenza, even though it kills about 3,000 people in this country in a good year, nearly 50,000 in a bad one.

These are deaths by a familiar assassin. Many of them could have been prevented. So why aren’t we in a lather over that? Why fixate on remote threats that we feel we can’t control when there are immediate ones that we simply don’t bother to?

On matters exotic, we’re rapt. On matters quotidian, which are nonetheless matters of life and death, we’re cavalier. Tens of thousands of Americans die in car crashes annually, and according to a federal analysis from 2012, more than half of them weren’t wearing seatbelts.

I think part of the reason people are so panicked about Ebola is because so far the medical community in the United States seems very inept at treating it and, particularly, in preventing its spread.  Amy Davidson’s piece “Amber Vinson’s Airplane Ride” in the New Yorker is particularly instructive.

Amber Vinson called the Centers for Disease Control, on Monday, to say that she had a temperature of 99.5 degrees and planned to get on a commercial flight from Cleveland to Dallas; should she? Vinson, a nurse, had cared for Thomas Eric Duncan, a patient with Ebola, in Dallas—she had put a catheter in him and been in close contact when he was vomiting and in the throes of diarrhea. The day before Vinson made her call, one of her colleagues, Nina Pham, had tested positive for Ebola. There was, supposedly, a system in place for monitoring Duncan’s contacts. And yet, as the C.D.C. confirmed late on Wednesday, the official Vinson spoke to cleared her to fly. Vinson got on Frontier Airlines Flight 1143, with a hundred a thirty-two other passengers. She landed in Dallas at 8:16 P.M.. The next morning, her fever was worse; around midnight, she tested positive for Ebola.

There is much that is seriously wrong here. The first is that Pham and Vinson, who are both in their twenties, were so exposed. Their hospital, Texas Health Presbyterian, sent Duncan home the first time he showed up in the emergency room, with a fever and pain and the information that he’d just been in Liberia. But it’s also emerging that, in the first days after he was admitted for the second time, on September 28th—with his family saying that they thought he had Ebola, and all the full-blown symptoms on display, but as yet no laboratory test confirming it—he was not properly isolated, according to records obtained by the Associated Press. The nurses caring for him had to improvise their own protection.

Tom Frieden, the director of the C.D.C., addresses the media on the Ebola case, on October 5th.

Tom Frieden, the director of the C.D.C., addresses the media on the Ebola case, on October 5th.

Thomas Frieden, the head of the CDC, has said they should have had people there to help them “do it right”, but then someone from his own agency told Amber Vinson it was OK for her to fly.  And we are left to wonder who is in charge and if anyone knows what they are doing.  If President Obama wants to do something to help regain public confidence that the health care system here can deal effectively with Ebola, maybe Mr. Frieden’s departure would be a good start.

Amy Davidson writes

Frieden himself represents an even bigger problem. His account of how Vinson got on the plane, related in the conference call on Wednesday, was at least evasive and, depending on what he knew and what exactly Vinson was told, may have been worse. He was asked three different ways if Vinson had been told not to fly, and each time dodged the question in a way that left the impression that Vinson was some sort of rogue nurse who just got it into her head that she could fly wherever she wanted. He talked about her “self-monitoring,” and that she “should not have travelled, should not have been allowed to travel by plane or any public transport”—without mentioning that his agency was who allowed it.

It is things like this, and the lack of protocols at Texas Health Presbyterian, that create fear, probably unwarranted, among the American public that there will be a major outbreak of Ebola here.

As Bruni says

I’m not dismissing the horror of Ebola, a full-blown crisis in Africa that should command the whole world’s assistance. And Ebola in the United States certainly warrants concern. We’re still searching for definitive answers about transmission and prevention.

But Americans already have such answers about a host of other, greater perils to our health, and we’d be wiser to reacquaint ourselves with those, and recommit to heeding them, than to worry about our imminent exposure to Ebola.

So, use seat belts, get a flu shot, get your kids vaccinated, don’t use your cell phone while driving and use sunscreen.  And try not to worry about getting Ebola.

 Photograph by  KEVIN C. COX/GETTY

Like a speeding locomotive

That’s the image that comes to mind when I think of how quickly things have moved when it comes to marriage equality.  It has only been 10 years since same-sex marriage became legal in Massachusetts.  And only a few years longer that that since Vermont adopted civil unions.  For a while I was keeping track and blogging every time a state was added, but I just couldn’t keep up – or keep track.  Now Federal benefits are available to all legally married couples regardless of the state in which they reside and the Supreme Court is letting stand Appeals Court decisions ruling prohibitions unconstitutional.

According to a post in the Washington Post’s “The Fix”, most gay Americans now live in states with marriage equality.

As the map of where gay marriage is legal has shifted and changed over the past few years, we’ve tracked a harder-to-measure component of the new laws: How many gay Americans live in states that allow them to marry.

In June, we anticipated that the tipping point was imminent. Based on data from Gallup surveys in 2012, a higher percentage of the country’s gay population already lived in gay-marriage-legal states than the population on the whole. With Monday’s Supreme Court non-decision, the percentage of gay Americans and Americans on the whole living in states where gay marriage is legal topped 50 percent.

Gay Marriage map

I am unclear as to how Gallup determined the percentage of person living in a state who were gay or lesbian, but given the way Gallup polls, I assume it is by self-reporting in response to a question.  According to the Fix, marriage equality has arrived in states with a lower population of gay residents.

So what happens next is anyone’s guess but with the growing numbers of same-sex marriages, I’m not sure how a Supreme Court ruling to the contrary could be implemented without chaos.  A more likely scenario is a decision like the one in Loving v. Virginia.  When the Court finally ruled on interracial marriage, the majority of states already allowed such unions.

This does not mean that the opposition will not fight on.  A story in the New York Times today reported that

Leading opponents of same-sex marriage vowed on Wednesday to push ahead with their legal fight, noting that several federal appeals courts had not yet ruled on the issue and that the Supreme Court could still decide to leave it up to the states.

Even as the list of states authorizing same-sex marriage swells, the opponents noted Justice Anthony M. Kennedy’s order on Wednesday totemporarily block a federal appeals court ruling striking down the marriage restrictions in Idaho. The temporary order came as a surprise to many advocates on both sides of the issue, since the Supreme Court on Monday had allowed similar decisions from three other appeals courts to take effect.

“The marriage battle will continue,” said Jim Campbell, a senior legal counsel at Alliance Defending Freedom, a Christian legal group that has defended marriage restrictions in several states.

Opponents seem determined that each state should have a right to define its marriage laws, but that just doesn’t seem likely to me given the Loving decision as a precedent.

“If the liberals on the court had the votes to declare same-sex marriage a constitutional right, why didn’t they take any of the cases on offer Monday?” asked Brian Brown, the president of the National Organization for Marriage.

“That gives hope that the Supreme Court will not launch another Roe v. Wade,” Mr. Brown said, referring to the 1973 decision legalizing abortion nationwide.

Mr. Brown also rejected the argument that, once same-sex marriages had been allowed in many states, the law could not be rolled back if the voters wanted to do so.

But most legal experts drew the opposite conclusion from Monday’s action.

“We know, from the court’s willingness Monday to allow all these marriages to go forward,” that opponents of same-sex marriage “are virtually guaranteed to lose” before the current Supreme Court, said Michael C. Dorf, a constitutional expert at Cornell Law School.

In the meanwhile, I have friends getting married, both same-sex and opposite sex.  I also have friends in both categories who have or are getting divorced.  All people want is to live their own lives and to have the legal protections due them.  I think the opposition needs to get out of the way of the speeding locomotive.

Map:  The Washington Post