
Today’s editorial cartoon from Dan Wasserman
I think they just don’t get it.

Today’s editorial cartoon from Dan Wasserman
I think they just don’t get it.
There were wonderful thing said by some of the Justices today, but I want to concentrate on the cartoons. Here are three from the Washington Post.
First Pat Oliphant.
I love the duck in the corner reminding everyone that this is the same court that gave us corporations as people.
Moving on to Tom Toles.
And finally Nick Anderson.
Do we have to say more?
Thank goodness the baseball season starts in a week. My March Madness bracket is sooo busted I can’t decide if I will continue with the next round on the CBS round by round contest. But baseball. That’s a different story. The season is ahead of us, all those games from April to September and beyond to the World Series.
The big question for Boston is whether the Red Sox can rebound from last year’s train wreck. Actually the disaster began in September 2011, but things got worse under Bobby Valentine. Maybe it is time to forgive Bobby. After all, he was a new manager coming into a difficult situation, but he was just wrong for Boston and wrong for the Sox so no forgiveness yet. Now it is John Farrell’s turn to try.
Spring training has been about what one could expect. The Sox are .500. We’ve seen some good youngsters and the pitchers are working faster – even Cloy Bucholtz. The bullpen seems solid. The question is: Can the Sox hit?
Nick Carfardo had a nice list of issues the Red Sox have to resolve to get to their roster of 25 in the Boston Globe this morning.
1. Lyle Overbay — He is the most immediate decision since he has an opt-out Tuesday. The Sox have to tell him by noon Tuesday whether he will make the 25-man active roster. If he does not ask for his release and agrees to open the season in Pawtucket, he will receive a $100,000 retention bonus. The Sox might be OK with that as insurance in case something happens to Mike Napoli.
Overbay is also a proven first baseman while Napoli is not. We’re assuming that David Ross, Pedro Ciriaco, and Daniel Nava are on the bench. That leaves one spot for Ryan Sweeney (who has a March 28 opt-out), Mike Carp, and Overbay. Nava is protection at first base and in the outfield and is also a better fielder than Carp. Overbay is a pure first baseman (he made a nice diving stop Monday) and lefthanded bat. Carp went 1 for 2 against the Orioles and is hitting .211.
I haven’t been that impressed with Overbay or Carp and Napoli is doing OK at first. I’d let Overbay opt out this morning and keep Nava as back up.
2. Bradley — It appears he’s made the team, at least that’s the indication after the team reversed its decision not to play him in left. He’s passed every eye test, including facing a tough lefty Sunday in Cliff Lee, whom he took deep for a three-run homer and sacrifice fly in his first two-at bats. He followed that up Monday by coming off the bench with two hits, a two-run single up the middle against Pedro Strop and a triple vs. lefty Chris Petrini.
Jackie Bradley, Jr. Jerry Remy keeps using his full name. He might be a rookie, but he’s been to the College World Series and appears very mature and stable. I know there is all this talk about the free agency date being different if he starts the season at Pawtucket, but let’s face it, we need his bat. Even if he cools off, as he will, I think he will be as asset.
3. Daniel Bard — We’re assuming the bullpen spots that are set are Joel Hanrahan, Andrew Bailey, Andrew Miller, Koji Uehara, Alfredo Aceves, Junichi Tazawa, and Clayton Mortensen. That could change if Aceves or Mortensen is traded. Mortensen, who was touched up for two homers Monday, is out of options and the Sox don’t want to lose him because he’s stretched out and basically fills the same role as Aceves.
Bard has options and could go back to the minors, as his performance hasn’t been smooth this spring. The Sox also could option Tazawa as well.
I would trade Mortensen ( I’ve read that there is interest in him.), keep Tazawa and have Bard start in Pawtucket. It is a long season and we will need Bard sooner or later.
How will the Sox do this season? Predictions have a way of coming back to haunt you (take my March Madness bracket), but I think the Sox will be a better than .500 team. The AL East is tough and I think Baltimore is the team to beat, but never, never count the Yankees out.
(By the way, I picked Indiana to win the basketball crown this year, but any team but Louisville will suit me fine.)
Photograph Kathy Willens/Associated Press
One of my favorite promotional advertisements is an old one. Rachel Maddow is standing in front of a pile of dirt which could be the beginning of a new highway or of a dam or a bridge abutment. She points out that the country needs infrastructure and that the private sector does not build it. And then Elizabeth Warren famously said (quote from Michael Smerconsish on the Huffington Post.)
“There is nobody in this country who got rich on his own. Nobody.” And then she hit her stride:
“You built a factory out there? Good for you,” she says. “But I want to be clear: You moved your goods to market on the roads the rest of us paid for; you hired workers the rest of us paid to educate; you were safe in your factory because of police forces and fire forces that the rest of us paid for. You didn’t have to worry that marauding bands would come and seize everything at your factory, and hire someone to protect against this, because of the work the rest of us did.”
As for the tax implications, Warren said, “Now look, you built a factory and it turned into something terrific, or a great idea? God bless. Keep a big hunk of it. But part of the underlying social contract is, you take a hunk of that and pay forward for the next kid who comes along.” The crowd enthusiastically applauded.
Of course that morphed into the out of context quote used against President Obama: “You didn’t build it.”
What puzzles me is why the Republicans are so afraid of spending for infrastructure. And why their fear is making so many Democrats cautious. Juliette Kayyem tries in her column in today’s Boston Globe to make the link between national security, which every politician is for, and infrastructure.
The United States now concedes that the security of nations is “being affected by weather conditions outside of historical norms, including more frequent and extreme floods, droughts, wildfires, tornadoes, coastal high water, and heat waves.” These have had an impact on food supplies and demographic trends. The global population is expected to hit 8.3 billion by 2030. About 60 percent (up from the current 50 percent) of people will live in cities, putting greater pressure on agriculture, energy, transportation, and water supplies.
We are not alone in our concerns. The American Security Project, a bipartisan think tank, analyzed military assessments worldwide. From China to Rwanda, Belarus to Brazil, over 70 percent of nations view climate change as a top threat to their national security.
The United States now concedes that the security of nations is “being affected by weather conditions outside of historical norms, including more frequent and extreme floods, droughts, wildfires, tornadoes, coastal high water, and heat waves.” These have had an impact on food supplies and demographic trends. The global population is expected to hit 8.3 billion by 2030. About 60 percent (up from the current 50 percent) of people will live in cities, putting greater pressure on agriculture, energy, transportation, and water supplies.
We are not alone in our concerns. The American Security Project, a bipartisan think tank, analyzed military assessments worldwide. From China to Rwanda, Belarus to Brazil, over 70 percent of nations view climate change as a top threat to their national security.
Protecting against it isn’t just a matter of preserving natural resources; it is about adapting everyday activities to the threat. We are in competition with other nations in this regard: Global investments are linked to cities that can function in bad weather, airports that can lure commerce, ports that can deliver goods. When storms are powerful enough to wipe out electrical grids, our nation’s ability to project power is limited by our powerlessness.
She goes on to say that much of the infrastructure fight is a local one.
And we still must become a more resilient society, one whose basic building blocks cannot be knocked out by threats that are utterly predictable. This effort to construct a society with climate challenges in mind isn’t necessarily new, but it comes at a time when the limits of America’s infrastructure are abundantly clear and entirely visible: We all feel them as we drive to work, head to school, or use the subways.
Local governments are already invested in these national security efforts, whether they know it or not. Such efforts range from a mayor’s desire to fix potholes on residential streets to a governor’s promise to modernize public transportation. More than a lack of commitment or resources, it’s actually our hodge-podge of governance structures — New York City has control over its building codes, while Boston’s are often at the mercy of state approval — that too often become impediments to local ingenuity in preparing for oncoming storms.
At the same time as our intelligence agencies were reminding us that the climate poses as much of a threat as Iran or North Korea, the American Society of Civil Engineers last week gave American infrastructure a pathetic “D+” grade (up from a D!). Delayed maintenance investments and the failure to commit to modernization projects undermine economic progress, global competitiveness, and the sense that we live in a well-functioning society.

Boston Public Works Department employees Aroll Victor and Julio Echemendia clear rocks from a pothole in South Boston on March 12.
So back to my question: Why are Republicans (and many Democrats) so unwilling to invest in infrastructure? Until we figure this out, our bridges will crumble, our power grids are subject to blackouts, and many people will be like us and spend thousands on front end work due to driving on crumbling highways. Wouldn’t the money I am going to spend this spring on my car be better spent paying taxes that will fix the roads and put some people back to work? Just asking.
I am a major fan of Law and Order. The original not any of the spin offs. I still like to catch a re-run now and then and particularly like the older ones. Last week a story in the New York Times about Robert M. Morgenthau the retired DA from Manhattan reminded me of the show. Morgenthau is the model for the original DA, Adam Schiff, from the TV show. Morgenthau retired about three years ago at 90. He had been DA for 35 years.
Morgenthau is still practicing law.
Mr. Morgenthau, 93, and two other prominent former prosecutors are asking the United States Supreme Court to take up the case of William Ernest Kuenzel, who has been on death row in Alabama for 24 years.
Based on the testimony of two witnesses, Mr. Kuenzel was convicted in 1988 of murdering a convenience store clerk. Records that became available only in 2010 revealed that those two witnesses — one of whom admitted that he himself was involved in the murder — actually did not implicate Mr. Kuenzel when they first spoke with the authorities. In fact, they originally gave entirely different accounts from what they testified to at trial, but the defense lawyer was unaware that their stories had changed. So were the jurors.
Mr. Morgenthau learned about the case from Jeffrey Glen, a law partner of his late son-in-law. Their firm, Anderson Kill & Olick, was working on the appeal, along with David Kochman. To Mr. Morgenthau’s disbelief, the case was rejected by federal courts in Alabama, which ruled that the new evidence did not “refute the possibility that the defendant committed the crime.”
“It’s so wrong to say there’s presumption of guilt because he was convicted once — without the newly discovered evidence,” Mr. Morgenthau said. “I just thought that was off the wall.”
So Mr. Morgenthau contacted 2 other former DA’s and they have filed a friend of the court brief for the Supreme Court asking them to take the case on appeal.
He contacted Gil Garcetti, who served 32 years in the Los Angeles district attorney’s office, and E. Michael McCann, who was the district attorney of Milwaukee for 38 years, and they agreed to join him in a friend-of-the-court brief.
The opening lines explained why their views were worth hearing: They wrote “from the unique perspective of having overseen and been ultimately responsible for more than 7,000,000 criminal prosecutions.”
The concept of new evidence was what led to the reversal of the conviction of five teenaged boys for the attempted murder of a Central Park jogger. In 2009 Carlin DeGuerin Miller wrote for a CBS blog
But his tenure hasn’t been without its share of detractors and controversies,
one of the biggest being the wrongful convictions in the 1989 Central Park
Jogger case. In 2002, DNA evidence surfaced that incriminated someone else in
the rape and Morgenthau himself appeared in court to agree with the defense
request to dismiss the charges.
A good prosecutor knows when to cut his losses. According to the Times, Morgenthau said
“That was a matter of newly discovered evidence,” he said. “I had to act. This case reminded me of that.”
Law and Order lives on in re-runs and Robert Morgenthau is still fighting the good fight for real.

Robert M. Morgenthau is asking the United States Supreme Court to take on the case of a man who has been on death row in Alabama for 24 years.
Photograph Hiroko Masuike/The New York Times
President Obama met with the Republicans in the House yesterday. I think Politico had the best take on the meeting.
After years of pining for more face time with the president, House Republicans found out Wednesday that Barack Obama looks and sounds the same behind closed doors as he does on TV.
I think they are finally learning what many of us have known for a while: what you see is what you get with Barack Obama. Michelle has been trying to tell everyone this for years. So he has his line and the Republicans led by Paul Ryan have theirs. But where does that leave the rest of us? How to deal in a meaningful way with the sequester and the budget? I see two paths: One, those affected by the cuts start putting on the pressure and two, we begin looking at alternatives to either the Republican or White House budget proposals.
On the first, the lobbying has begun. The New York Times reports
Construction companies are lobbying the government to spare their projects from across-the-board cuts. Drug companies are pleading with the White House to use all the fees they pay to speed the approval of new medicines.
And supporters of Israel have begun a campaign to make sure the Jewish state receives the full amount of military assistance promised by the United States.
A frenzy of lobbying has been touched off by President Obama’s order to slice spending this year by $85 billion, divided equally between military and civilian programs. The cuts have created new alliances and strange bedfellows.
Hunter R. Rawlings III, a historian of ancient Greece who is the president of the Association of American Universities, joined Wesley G. Bush, the chief executive of Northrop Grumman, the maker of surveillance drones and B-2 bombers, in a news conference in which they denounced the automatic cuts known as sequestration.
Health care and education groups, advocates for poor people, and state and local officials who fought in the past for bigger budgets are now trying to minimize the pain.
How much money do you think will be spent on lobbying? I don’t even want to begin to add it up. What a waste of money. But I guess some people will still have jobs.
For an alternate budget we can look at the Congressional Progressive Caucus budget proposal. The Economic Policy Institute assisted in putting the budget together and scoring it. Dean Baker from the Center for Economic and Policy Research calls it “A Serious Budget That the Serious People Won’t Take Seriously”. The Progressive Caucus has been proposing budgets for a number of years now and takes the position that if their proposals had been adopted, we wouldn’t be in the mess we are in now.
So what exactly are they proposing?
Direct hire programs that create a School Improvement Corps, a Park Improvement Corps, and a Student Jobs Corps, among others.
Targeted tax incentives that spur clean energy, manufacturing, and cutting-edge technological investments in the private sector.
Widespread domestic investments including an infrastructure bank, a $556 billion surface transportation bill, and approximately $2.1 trillion in widespread domestic investment.
Ends tax cuts for the top 2% of Americans on schedule at year’s end
Extends tax relief for middle class households and the vast majority of Americans
Creates new tax brackets for millionaires and billionaires
Eliminates the tax code’s preferential treatment of capital gains and dividends
Abolishes corporate welfare for oil, gas, and coal companies
Eliminates loopholes that allow businesses to dodge their true tax liability
Calls for the adoption of the “Buffett Rule”
Creates a publicly funded federal election system that gets corporate money out of politics for good.
Provides a Making Work Pay tax credit for families struggling with high gas and food cost 2013-2015
Extends Earned Income Tax Credit, and the Child and Dependent Care Credit
Invests in programs to stave off further foreclosures to keep families in their homes
Invests in our children’s education by increasing Education, Training, and Social Services
It would also end the war in Afghanistan and do selective, not blanket cuts to the military budget. It basically spends money to put people back to work and stabilize the economy. This assumes that people who work pay taxes and put money back into the economy. It also achieves deficit reduction. All through government spending. As Dean Baker poinst out
For those upset that the budget debate is getting ever further removed from the real world problems of an economy that is suffering from a deficit of 9 million jobs, there is good news. The Congressional Progressive Caucus (CPC) has produced a budget that is intended to make the unemployment situation better rather than worse.
The story of course is that we are still in a situation where we need the government as a source of demand in the economy. This is independent of how much we like the government or the private sector. The private sector does not expand and create jobs just because governments want it to, as is being discovered now by leaders in the United Kingdom, Greece, Italy, Spain and everywhere else where deficit reduction is now in vogue. In the current economic situation, loss of demand from the government is a loss of demand to the economy. That is why recent steps to reduce the deficit, such as the ending of the payroll tax cut (which put money in consumers’ pockets) and the sequester, will lead to slower growth and higher unemployment.
Would this happen with the adoption of the progressive budget? I don’t know, but I know that what is going on now isn’t working either. And what is worse, people are tuning out and shrugging their shoulders assuming nothing can be done.
Gail Collins has this fantasy.
White smoke poured from the Capitol today and crowds of onlookers broke into shouts of jubilation, crying: “We have a budget!”
Inside, where the nation’s legislators had been walled off in seclusion, the newly chosen tax-and-spending plan was garbed in the traditional brass staples for its first public appearance. Insiders said it planned to take the name of Budget for Fiscal Year 2014.
I guess that is alternative number three. Maybe we should try sequestering Congress.
During the oral arguments for Shelby County v. Holder, Chief Justice John Roberts quoted some statistics that, according to his interpretation, showed the turnout ratio of minority voters to white voters was worse in Massachusetts than in any other state. This prompted a quick response from the Massachusetts election officials and a more measured one from Nate Silver on FiveThirtyEight. As the Chief Justice may be learning, statistics are tricky things.
The day after the remarks by the Chief Justice the Globe headline was
Chief justice blasted over Mass. voting ‘cheap shot’
Talk about feeling insulted! The nerve to compare us to Mississippi!
“Do you know which state has the worst ratio of white voter turnout to African-American voter turnout?” Roberts asked Donald Verrilli Jr., solicitor general for the Department of Justice, during Wednesday’s arguments.
“I do not know that,” Verrilli answered.
“Massachusetts,” Roberts responded, adding that even Mississippi has a narrower gap.
Roberts later asked if Verrilli knew which state has the greatest disparity in registration. Again, Roberts said it was Massachusetts.
The problem is, Roberts is woefully wrong on those points, according to Massachusetts Secretary of State William F. Galvin, who on Thursday branded Roberts’s assertion a slur and made a declaration of his own. “I’m calling him out,” Galvin said.
Galvin was not alone in his view. Academics and Massachusetts politicians said that Roberts appeared to be misguided. A Supreme Court spokeswoman declined to offer supporting evidence of Roberts’s view, referring a reporter to the court transcript.
On Thursday, Galvin tried to set the record straight. “We have one of the highest voter registrations in the country,” he said, “so this whole effort to make a cheap-shot point at Massachusetts is deceptive.”
So what’s going on here? Trust Nate Silver to explain.
Section 5 of the Voting Rights Act, which is being challenged by Shelby County, Ala., in the case before the court, requires that certain states, counties and townships with a history of racial discrimination get approval (or “pre-clearance”) from the Department of Justice before making changes to their voting laws. But Chief Justice Roberts said that Mississippi, which is covered by Section 5, has the best ratio of African-American to white turnout, while Massachusetts, which is not covered, has the worst, he said.
Chief Justice Roberts’s statistics appear to come from data compiled in 2004 by the Census Bureau, which polls Americans about their voting behavior as part of its Current Population Survey. In 2004, according to the Census Bureau’s survey, the turnout rate among white voting-aged citizens was 60.2 percent in Mississippi, while the turnout rate among African-Americans was higher, 66.8 percent. In Massachusetts, conversely, the Census Bureau reported the white turnout rate at 72.0 percent but the black turnout rate at just 46.5 percent.
As much as it pleases me to see statistical data introduced in the Supreme Court, the act of citing statistical factoids is not the same thing as drawing sound inferences from them. If I were the lawyer defending the Voting Rights Act, I would have responded with two queries to Chief Justice Roberts. First, are Mississippi and Massachusetts representative of a broader trend: do states covered by Section 5 in fact have higher rates of black turnout on a consistent basis? And second, what if anything does this demonstrate about the efficacy of the Voting Rights Act?
Turns out that the Current Population Survey has a very high margin of error.
One reason to be suspicious of the representativeness of Mississippi and Massachusetts is the high margin of error associated with these calculations, as noted by Nina Totenberg of NPR.
Like other polls, the Current Population Survey is subject to sampling error, a result of collecting data among a random subsample of the population rather than everyone in the state. In states like Massachusetts that have low African-American populations, the margin of error can be especially high: it was plus-or-minus 9.6 percentage points in estimating the black turnout rate in 2004, according to the Census Bureau. Even in Mississippi, which has a larger black population, the margin of error was 5.2 percentage points.
The other problem is that the Chief Justice was using 2004 figures when the 2010 numbers had a lower margin of error. So what, if any thing can we conclude.
In the chart below, I have aggregated the 2004 turnout data into two groups of states, based on whether or not they are covered by Section 5. (I ignore states like New York where some counties are subject to Section 5 but others are not.) In the states covered by Section 5, the black turnout rate was 59.2 percent in 2004, while it was 60.8 percent in the states that are not subject to it. The ratio of white-to-black was 1.09 in the states covered by Section 5, but 1.12 in the states that are not covered by it. These differences are not large enough to be meaningful in either a statistical or a practical sense.
So did Chief Justice Roberts misconstrue the data? If he meant to suggest that states covered by Section 5 consistently have better black turnout rates than those that aren’t covered by the statute, then his claim is especially dubious. However, the evidence does support the more modest claim that black turnout is no worse in states covered by Section 5. There don’t seem to be consistent differences in turnout rates based on whether states are covered by Section 5 or not.
The bigger potential flaw with Chief Justice Roberts’s argument is not with the statistics he cites but with the conclusion he draws from them.
And here what Silver thinks we should be asking.
…the fact that black turnout rates are now roughly as high in states covered by Section 5 might be taken as evidence that the Voting Rights Act has been effective. There were huge regional differences in black turnout rates in the early 1960s, before the Voting Rights Act was passed. (In the 1964 election, for example, nonwhite turnout was about 45 percent in the South, but close to 70 percent elsewhere in the country.) These differences have largely evaporated now.
How much of this is because of the Voting Rights Act, as opposed to other voter protections that have been adopted since that time, or other societal changes? And even if the Voting Rights Act has been important in facilitating the changes, how many of the gains might be lost if the Section 5 requirements were dropped now?
To put it nicely, the Chief Justice is using correct statistics to come to not only the incorrect conclusion, but also to ask the wrong questions. Silver concludes
These are difficult questions that the Supreme Court faces. They are questions of causality – and as any good lawyer knows, establishing a chain of causality is often the most difficult chore in a case.
Statistical analysis can inform the answers if applied thoughtfully. But statistics can obscure the truth when they become divorced from the historical, legal and logical context of a case.
We can only hope that some law clerk at the Supreme Court reads FiveThirtyEight and talks to enough Justices. Given all the shenanigans going on in Section 5 covered and not covered states on voting rules, now is not the time to over turn this modest brake insuring voting rights.
Mary Paine died in 1713 at 15 months. Hardly the making of a life story, but there she was on the front page of the Metro section of the Boston Globe this morning.
It seems that in 1955, a 20 year old sailor, Roland McCandlish found Mary’s tombstone in a Copp’s Hill Burying Ground shed. He took it with him back to his ship at the Charlestown Navy Yard.
From there, the vessel visited exotic ports of call, from Greenland to Haiti to Puerto Rico. When he returned home to California for good, he used the stone as a small but cherished table.
“I never thought of it as a tombstone; I thought of it as Mary,” McCandlish, now 79, said by phone Thursday. “She had, through me, the life she never had. She was a part of my life.”
McCandlish mailed it back to Boston.
McCandlish, in declining health and thinking about a headstone of his own, decided it was time to send the headstone back. He packaged it up, along with a photo of himself as a young sailor holding the stone, and a letter explaining the tale of its travels.
And I think this is my favorite part of the story.
McCandlish said parting with the relic was not easy. They’d made memories together.
He recalled when his Navy captain found the headstone stashed in a filing cabinet on the ship and called McCandlish into his office to explain.The captain laughed at his story.
“He reacted differently than others might,” McCandlish said. “He put it in the bottom drawer of the filing cabinet and said, ‘We’ll call it our dead file.’ ”
So the headstone will be reset next to the grave of her mother in the next few months and her travels will come to an end.

The headstone of Mary Paine, who died Dec. 31, 1713, at 15 months old, was discovered by Roland McCandlish during a 1955 tour of Copp’s Hill Burying Ground in the North End of Boston.
Photograph credited to Old North Church.