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I Think, Therefore I Blog ~ Life. People. Writing. Books. Internet. Politics (sometimes). Big Questions, Little Questions, Food.

Archive for the 'Justice' Category

Greenwald again

September 21st, 2009, 10:06 am by fsherman

His post from this Saturday discusses how unsurprising it is that the CIA directors object to prosecutions for CIA employees who engaged in torture–and how noteworthy it is that they’re demanding the president pull the AG off the case, given that the AG decisions to prosecute are supposed to avoid politics.

Monday morning quote

September 21st, 2009, 8:26 am by fsherman

“If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse and you say that you are neutral, the mouse will not appreciate your neutrality.” ~ Desmond Tutu

An idle thought

July 16th, 2009, 7:54 am by fsherman

Daily News letter-writer Richard Sirmons: “Do you wonder why some of our leaders are so lackluster? They are lackluster, yet incumbent, because they pander successfully for votes from the affirmative-action crowd?”

So is Sirmons suggesting that leaders who pander to the votes of white bigots, or religious extremists successfully are spared the curse of being lackluster?

Also: “The Civil Rights Act of 1964 was supposed to end the double standard but affirmative action has created a double standard of greater magnitude.”

First, let’s be clear, the Civil Rights Act (and the Equal Employment Act of a couple of years later) were written because American minorities and women were massively discriminated against. It’s good to keep in mind that it wasn’t a general longing for racial equality but specific, ugly discrimination.

And affirmative action isn’t even remotely comparable to the discrimination under Jim Crow, let alone of greater magnitude. Heck, if you accept the statement in many career guidebooks about how many jobs are acquired through networking and personal contact, rather than just talent, then affirmative action has much less effect on merit-based success than networking does (and it counts less at some schools than legacy admissions).

Good for the Supremes!

June 26th, 2009, 11:50 am by fsherman

The court ruled 8-1 that strip searching a student out of suspicion she had ibuprofin hidden in her underwear was a Constitutional violation.
The one dissenter, Clarence Thomas, argued it was a reasonable search because she could have hidden pills there, “nor will she be the last after today’s decision, which announces the safest place to secrete contraband in school.” (which would seem a problem with any restrictions on any searches under any circumstances).

According to USA Today, “Francisco Negron, lawyer for the National School Boards Association, said the decision could be confusing for school officials, who typically lack formal training in drugs yet would have to consider whether the contraband they seek is dangerous enough to do to a strip search.”

I think that’s a good thing.

I like Stephen Chapman but …

June 2nd, 2009, 9:28 am by fsherman

In quoting Judge Sotomayor’s statement that “a wise Latina woman” might make a better decision than a white male, he should have added the closing statement to her speech: “I am reminded each day that I render decisions that affect people concretely and that I owe them constant and complete vigilance in checking my assumptions, presumptions and perspectives and ensuring that, to the extent that my limited abilities and capabilities permit me, that I reevaluate them and change as circumstances and cases before me requires.”

That seems to answer conservative complaints that she’s going to be making decisions based on identity politics. Check out Glenn Greenwald for examples of Sotomayor decisions based on law rather than her racial perspective.

In one case, for example, an NYPD computer guy was fired for emailing racist anonymous letters to various charitable groups (Negros are rapists! Jews control the media instead of real Americans! and similar sentiments). Sotomayor wrote a dissent arguing that since the letters were anonymous, on his own time and there was nothing to link them to the department but its own investigation, this was a violation of the guy’s free speech rights.

I doubt the right wing will give her any credit for that, of course, since the real issue is that she’s neither white nor male. And everyone knows that white males are the most qualified for everything.

One NRO writer, for instance, argued that sure, white people get special treatment—well-connected parents, legacy admissions to top colleges—but they use them to make something of themselves, whereas nonwhite people who get preferential treatment just use to skate through life and have everything handed to them. Because, you know, they’re just that way. As expressed here

This post is four years late

May 20th, 2009, 12:54 pm by fsherman

But while browsing, I came across this 2005 story about Sgt. Leigh Ann Hester winning a Silver Star in combat. An MP in Iraq, she led her team through an enemy ambush to take down the insurgents attacking them.

Just one note on Ron Hart’s latest

May 15th, 2009, 11:45 am by fsherman

When he refers to David Souter as a “turncoat Republican,” what the heck does he mean?

The only way that makes sense is if Hart means that since a Republican put Souter in office, Republicans were entitled to a quid pro quo and Souter didn’t deliver (I’ve no idea what ruling Hart particularly objects to, since he doesn’t specify—he rarely bothers with such trivialities as specific details and facts).

Which would mean that Hart is endorsing both unethical judicial behavior and rejecting the idea judges should rule on things like evidence.

Or he was just opening his mouth and spewing out whatever he thought would be funny.

Boo for Obama, yay for the courts

April 30th, 2009, 9:26 am by fsherman

Obama on the state secrets privilege: “I actually think that the state secret doctrine should be modified. I think right now it’s overbroad. . . . [S]earching for ways to redact, to carve out certain cases, to see what can be done so that a judge in chambers can review information without it being in open court, you know, there should be some additional tools so that it’s not such a blunt instrument.”

Which is a good statement. But completely contradicts his administration’s efforts to shut down lawsuits over wireless eavesdropping by claiming the privilege means the cases can’t even be heard by the court (the traditional approach was that they could be heard, but some evidence could be redacted). As one blogger put it, it amounts to “The state secrets privilege is overbroad—I should know, I’ve used it so much.”

Happily the appeals court recently shot down the administration’s extreme version of the state secrets privilege. Showing once again why the balance of powers is a good thing.

Good for Obama & Co.

April 9th, 2009, 10:05 am by fsherman

AG Eric Holder says the Justice Department will no longer be busting medical marijuana operations that are sanctioned under the laws of their states (unless they break the laws by selling to minors and such).

Quotes on power and oppression

March 26th, 2009, 10:35 am by fsherman

“Authoritarians are those who don’t resent the powerful even behind their backs.”—inge.

“The powerful very often respond to a demand for respect by ignoring the content and saying ‘Shh, lower your voice!”—Kit Whitfield

“Despite its sexually charged politics, fascism is an anti-eros, the core of all fascist propaganda is a battle against everything that constitutes enjoyment and pleasure.”—Rabinbach and Benjamin,

“People the world over have always been more impressed by the power of our example than by the example of our power.”—Bill Clinton

“Those who make peaceful revolution impossible make violent revolution inevitable”—JFK.

“If there is no struggle there is no progress. Those who profess to favor freedom and yet depreciate agitation…want crops without plowing up the ground, they want rain without thunder and lightening. They want the ocean without the awful roar of its many waters…. Power concedes nothing without a demand. It never did and it never will. Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress.—Frederick Douglass

“All the ancient, honest, juridical principles and institutions of England are so many clogs to check and retard the headlong course of violence and oppression. They were invented for this one good purpose, that what was not just should not be convenient.”—Edmund Burke

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