Happy 4th, the Declaration of Independence is below the fold.
Bird’s Eye View Contest
Last week’s contest was won by Milwhcky. It was the home near Orlando where the infamous Anthony family lives.
Here’s this week’s contest, a random location somewhere in the world, good luck!
HA Bible Study
Exodus 35:2
For six days, work is to be done, but the seventh day shall be your holy day, a day of sabbath rest to the LORD. Whoever does any work on it is to be put to death.
Discuss
Outline
I saw someone in a Powell’s cap today. It had the outline of Oregon on it. I feel like I see the outline of Oregon on a lot of stuff and the outline of Washington comparatively less. And Washington’s outline is much better looking. Between the coast, the Olympic Peninsula, and the Puget Sound, Washington’s state outline looks pretty unique, whereas Oregon despite a lot of coast has that one interesting curve toward the mouth of the Columbia river, and otherwise is basically a rectangle. Maybe there’s some graphic design difficulty, but I think we need to see the outline more.
Friday Night Multimedia Extravaganza!
Ann Telnaes: Sen. McConnell on raising taxes.
Thom: Will Ronald McDonald be added to Mt. Rushmore?
Maddow calls out Romney’s lie.
Glenn Beck Finally Goes the Fuck Away:
- A requiem for a Rodeo Clown (via Media Matters).
- Beck’s final show in ninety seconds (via TalkingPointsMemo).
- Newsy: Glenn Beck is gone, but no deed to “dispair”.
- O’Donnell: The end of a 2.5 year mistake
- Cenk: Glenn goes away
Goldman Sachs CEO outsources his way to Worst Person in the World.
Cenk: FAUX News’ Nixon roots.
Maddow: Koch Bros killing unions.
Thom and Jim Hightower: Gov Rick Perry is the Koch brother’s new poster boy?.
Palin Around with Crazy:
- Newsy: Teh Undefeated.
- Sarah and Bristol’s pathetic draw at Mall of America
Olbermann defines FOX Populi.
President Obama welcomes the Seattle Storm:
Thom: Proof that Rich people aren’t the job creators!
Some Flake Announces:
- Newsy: Bachmann makes it official.
- Young Turks: Is Michele Bachmann ripping off Sarah Palin?
- Lawrence O’Donnell: Bachmann’s ding-bat economic plan.
- Olbermann: Why Bachmann is a flake.
- Young Turks: Michele Bachmann’s founding fathers BS.
- Lawrence O’Donnell: Bachmann tries to rewrite the history of slavery.
- Newsy: Will Bachmann’s gaffes hurt her
- Cenk: Bachmann’s misuse of government funds.
- Stephen: American heroes Michele Bachmann and John Wayne (Gacy).
- Young Turks: Is Michele Bachmann’s pro-life story believable?
- Sam Seder: Tom Petty slaps Michele Bachmann with cease and desist.
- Young Turks: Michele Bachmann’s conservative christian husband.
Thom performs an an Exorcism on the GOP.
Seattle cop leaves assault weapon on top of car.
Head of TSA is Worst Person in the World.
Maddow: Arguments over the years against the ERA.
More Jon and FAUX:
- Jon eviscerates Jon.
- Liberal Viewer: Jon Stewart, FOX News argue if 2 wrongs make a right?
Stephen: Ted Nugent is hopping mad that youth aren’t joining the teaparty.
WTF: Has Mitt Romney ever heard of Teh Google?!?:
Jon on the the GOP candidate doppelgangers.
Tweety: Most Americans still blame Bush for economic hard times.
Thom: The Good, The Bad, and The Very, Very Ugly.
Olbermann: Kansas judge delays new abortion law from taking effect .
Cenk: TX Sen. John Cornyn’s batant anti-Obama hypocrisy.
Jon: Debt ceiling debate and the future American dystopia.
Teh Gay Marriage:
- Olbermann with The Stranger’s Dan Savage on what’s next for same-sex marriage.
- Ann Telnaes: Obama’s evolving views on gay marriage.
- Some natural love:
- Jon on gay people getting married
- Some U.S. Senators: It gets better.
- Obama celebrates LBGT month.
- Young Turks: Pat Robertson invokes “angel rape”.
Sam Seder: Gov. Rick Perry (R-TX) dealing with two disasters.
Mark Halperin calls Obama “a dick” on national TV.
Olbermann defines fibber-tarian.
Thom with another episode of The Good, The Bad, and The Very, Very Ugly.
Mark Fiore: A child’s Supreme right to violence.
Thom with Sen. Chris Coons (D-DE) on the constitutionality of the debt ceiling.
Rep. Jay Inslee (D-WA-01) Runs for Governor:
- Jay Inslee announces.
- Rep. Jay Inslee on marijuana.
- Rep. Jay Inslee on marriage equality.
- Latest gubernatorial candidate is a former Yakima politician
- Rep. Inslee makes a stop in Spokane.
Maddow: Republican war on women in Kansas escalates.
Their Back! The Republican Plan.
Thom: More Republican war on Democracy—the Minnesota shutdown.
Olbermann: Are Republicans trying to sabotage the U.S. economy?
White House: West Wing Week.
ONN: Coal lobby warns that wind farms my blow earth out of orbit.
Maddow: Ohioans unite against Republican Gov. John Kasich’s union-busting bill.
Mr. Colbert’s Excellent FEC Adventure:
- Stephen explains his SuperPAC.
- Mr. Colbert may form his PAC.
- Colbert: “I am a SuperPAC.
- Stephen reflects on his new SuperPAC (via TalkingPointsMemo).
- Newsy: Colbert’s SuperPAC gets FEC approval.
Pap: deniers watching the world burn.
WI Justice Prosser has a hissy-fit with reporter (via TalkingPointsMemo).
Thom: The Supreme court ruling on Campaign Finance.
Young Turks: Herman Cain claims Obama isn’t a “real” black man.
Newsy: Minnesota shuts down.
Sam Seder: Spreading Santorum on Egypt.
Stephen: Should the US get sucked into the quagmire that is the US?
Thom with more Good, Bad and Very, Very Ugly.
Last week’s Friday Night Multimedia Extravaganza can be found here.
Justice
Isaiah Kalebu was found guilty on all counts. When someone does something as horrible as he did we still give him a fair trial. We still give him an attorney and let him speak in his defense to a dozen members of the public who will decide his fate.
The good in our justice system doesn’t come up as often as the flaws on this blog. We talk a lot about the failures of the drug war. We talk about racial disparities. We talk about the very real problems with the death penalty. We focus on these and other problems instead of the good because the problems can, hopefully, be fixed. Hopefully more attention can help alleviate the problems.
But the system does work sometimes. It does put away a murderer. It showed evidence. It was fair. It gave the defendant his day in court. Hopefully, the surviving victim can find some comfort in the verdict. Hopefully we’re a little safer with Kalebu behind bars.
Horse Shit
I don’t know if it’s just a coincidence or if it’s the summer (so I and/or horses are out on city streets more), but I’ve noticed more piles of horse shit in the middle of the road recently. This morning riding to work, it was pretty heavy traffic where there was maybe the largest pile of shit I’ve ever seen on the street. I was afraid if I swerved around it, and a car tried to pass me, that it they would hit me and I’d die, but decided it was worth the risk.
I assume this has to do with those carriage rides. It looks like a fun way to go around the city for a tourist or a date. I imagine the romance is lessened somewhat if there’s a bag of shit in between you and the horse/driver. Still, I don’t want to ride my bike through, or have to navigate it around horse shit. And I don’t really want to drive my car through horse shit either. I feel like when I lived in a more rural place, that made sense, but it shouldn’t be a thing that troubles downtown Seattle.
Open Thread
– Seattle is one of three cities selected for the Better Buildings Challenge.
– Also at CGI America.
– Support exists for higher taxes.
– What a dick.
– Republicans really are the wimpiest wimps in Wimpville (Marco Rubio edition).
– You don’t expense your smoke bombs? (automatically loading video, no politics whatsoever)
Moving Forward
Now that the dust has settled from Governor Gregoire’s epic fail on the recent medical marijuana bill, the state’s community of growers and patients are starting to pore over the new law to figure out how they can still provide safe access. After tonight’s meeting at the Cannabis Resource Center (the main Cannabis Defense Coalition office in SoDo), I feel like there’s actually a light at the end of this tunnel.
Of course, dispensaries who openly sell medical marijuana to any authorized patient are not allowed. And there will be no production facilities regulated by the Department of Agriculture. But what the law does allow, however, are collective gardens. This evening, defense attorney Aaron Pelley outlined what appear to be the parameters of any new system for distributing medical marijuana within that framework. This discussion stems from meetings that Pelley has had with King County Prosecutor Dan Satterberg. The relevant language can be found in Section 403 of the passed bill.
That section allows:
– 10 people to participate in a collective garden, which can have 15 plants and 24 ounces per person (up to 45 plants and 72 ounces total)
– The collective members to share in the costs of maintaining the collective
Interestingly, the section does not disallow:
– Multiple gardens to occupy the same space
– A single person to belong to multiple collectives
– Central offices where multiple collectives can establish an “access point”
My takeaway from this meeting is that what we’ll end up with (probably first in Seattle, then across the state) are these “access points” (not dispensaries!) where people can join a collective. Once part of a collective, you’d only be able to obtain medicine grown in that collective’s designated garden – and would probably have to pay for the upkeep of the garden (rather than directly paying for the medicine). From my reading of the law, that would be fully compliant with the statute, but hey, I’m not lawyer. And even Pelley wasn’t terribly sure how all of this will be interpreted once it inevitably ends up in a courtroom.
The Line in the Sand
There are basically 2 ways to make Metro fiscally sound: (1) eliminate most service south of Renton and East of Lake Sammamish or (2) find another source of revenue (fares, taxes, taking the money away from something else the county does or some combination, but fares have already gone up and other services are hurting too). Or if you’re The Seattle Times, whine about driver pay and don’t offer any real solutions.
Two problems are special to Metro. One is bus-driver pay. It can be defended by pointing to the 2010 contract, which has minimal raises. But under the previous contracts, between 2000 and 2009, bus-driver pay rose 38.5 percent, to the third-highest figure of any big-city bus operation in the country.
Metro now feels the consequences of the contracts it has signed.
Like 90% of bus drivers are helpful and good natured. They put up with drunks, abrasive assholes, and all sorts of shit while navigating often narrow streets in and out of traffic. They are professionals. So, doy, don’t pay them anything. Also, I’m a little confused. Was bus driver pay the 3rd highest after 2009 or is it the third highest now, after concessions? The writing wasn’t clear, but I think they mean the first. The Seattle Times doesn’t say what we should pay bus drivers, nor do they calculate how many more routes we could save with cuts to bus drivers’ pay (assuming we don’t have more accidents, etc. with poorly paid drivers).
Another problem is that Metro tried to serve the whole county. The agency is going back to setting routes based more on demand, and that is good. Run buses where people want to ride them. But it is too late to avoid this deficit.
It is true that it is more costly (as I hint at in the opening), but I’m not sure it’s a “problem” as the editorial says. I think 40-40-20 is horrible policy, and am fine focusing on routes that serve the most people. Still, I don’t think we should abandon the whole areas of the county that aren’t dense enough to make back much at the fare box.
Anyway, then The Seattle Times goes from wrong to wroooooong.
The problem is that the five lattes are on top of all the other lattes, mochas and Frappuccinos people already buy for their government. Taxes go up in bad years because times are bad and good years because we can afford it.
Aah the implication that no taxes have ever gone down. Good work, people who hate facts.
There has to be a stopping point. Given the economic pain, the public opposition and the unbelievable claim that the $20 tax is for two years only, this is a good time to say no.
FYI, I skipped it but their only evidence for public opposition is that they get more letters opposing it than pro. No polling data. No focus groups. Letters to one newspaper is how you judge all public support. They aren’t calling for an election.
And it’s not like they’ve supported other tax hikes and are reluctantly opposing this. They’re opposed to any tax hike no matter how reasonable. Really, the line in the sand for The Seattle Times isn’t Metro funding. It’s public education, K-12 and higher ed. And it’s public safety. It’s all of the things the state, county, and cities do that have been reduced since the recession hit.
FOX is not a crook!
Today is the day Glenn Beck leaves FOX News (at least that’s what they say…I don’t have cable or a functioning teevee in my home). So it seems only fitting then that today Gawker examines the origins of FOX News:
Republican media strategist Roger Ailes launched Fox News Channel in 1996, ostensibly as a “fair and balanced” counterpoint to what he regarded as the liberal establishment media. But according to a remarkable document buried deep within the Richard Nixon Presidential Library, the intellectual forerunner for Fox News was a nakedly partisan 1970 plot by Ailes and other Nixon aides to circumvent the “prejudices of network news” and deliver “pro-administration” stories to heartland television viewers.
The memo—called, simply enough, “A Plan For Putting the GOP on TV News”— is included in a 318-page cache of documents detailing Ailes’ work for both the Nixon and George H.W. Bush administrations that we obtained from the Nixon and Bush presidential libraries.
I guess we shouldn’t be surprised that the seeds of FOX News were sewn in the Nixon White House.
It explains a lot!
Open Thread
– Seriously, what’s going on here?
– I think Sonntag has a better shot than Sandeep thinks, but I’d still say the smart money is on Inslee.
– You guys, we can tell when you edit Wikipedia.
– I think we should have a much higher marginal tax rate, and this graph surprised me.
Circuit Court upholds constitutionality of Affordable Health Care for America Act
Today the 6th Circuit Court of Appeals upheld the constitutionality of the Affordable Healthcare Act.
The court ruled on two of the most important substantive issues that have been raised in dozens of other lawsuits. The first is whether the law falls within the interstate commerce clause of the Constitution:
…the breadth of the substantial effects doctrine and the nature of modern health care favor the validity of this law. No matter how you slice the relevant market—as obtaining health care, as paying for health care, as insuring for health care—all of these activities affect interstate commerce, in a substantial way.
The second question is the constitutionality of the insurance mandate:
Does the Commerce Clause contain an action/inaction dichotomy that limits congressional power? No—for several reasons. First, the relevant text of the Constitution does not contain such a limitation. To the extent “regulate,” “commerce,” “necessary” and “proper” might be words of confinement, the Court has not treated them that way, as long as the objects of federal legislation are economic and substantially affect commerce.
And look who wrote the opinion:
Judge Jeffrey Sutton is a George W. Bush appointee and a former law clerk to conservative Justice Antonin Scalia. He served as an officer in the conservative Federalist Society’s Federalism and Separation of Powers practice group, and was one of the nation’s leading crusaders for expanding the role of the states at the federal government’s expense.
This ruling is significant as it is the first of four pending decisions from Circuit Courts of Appeals on Obamacare. This case originated in the E. Michigan District court as Thomas More Law Center v. Obama in which Judge George Caram Steeh dismissed the lawsuit on the merits. The 6th Circuit Court has now upheld that decision.
There are so many pending lawsuits against the Affordable Healthcare Act that it is difficult to get the big picture. I spent part of this morning trying to get my head wrapped around them. Here is what I came away with.
Besides today’s ruling, there are four other lawsuits at the Circuit Court level.
One of the pending decisions is Florida v. HHS that includes 26 state Attorneys General, including our own Rob McKenna. The law was found to be unconstitutional by Florida District Court Judge Roger Vinson. The ruling was appealed to the 11th Circuit Court of Appeals, and arguments were heard earlier this month.
Additionally, there are two cases pending in the 4th Circuit Court of Appeals: Virginia v. Sebelius and Liberty University v. Geithner. The former began in the E. Virginia District Court where Judge Henry E. Hudson ruled the law unconstitutional. The latter began in W. Virginia District Court where Judge Norman K. Moon ruled the law constitutional.
The only other ruling on the merits from a District Court comes from Seven-Sky v. Holder heard in the D.C. District court. Judge Gladys Kessler found the law constitutional. The appeal before the D.C. Court of Appeals awaits oral arguments that will take place no earlier than August.
Those are, so far, the only cases where a decision has been made on the merits. The score so far:
- District Courts: constitutional 3; unconstitutional 2
- Circuit Courts: constitutional 1; unconstitutional 0
There are several other cases before Courts of Appeals, New Jersey Physicians v. President just argued in the 3rd, Baldwin v. Sebelius in the 9th that will be argued in July, and Kinder v. Geithner in the 8th that will be heard no earlier than August. My understanding is that these cases were dismissed for lack of standing (not merit), so that a ruling in favor of the the plaintiff would simply send the case back to the District court for a ruling on the merits.
There are six or seven other cases at the District Court level at various stages of litigation. It seems like many of these will be dismissed for lack of standing, but rulings on the merits may well arise from some of them.
Today’s decision is a Big Fucking Deal in that a Judge with a very conservative record authored the majority opinion against the two main “theories” found in many of the other lawsuits. The decision will be binding on one of the current District Court cases, and will likely be be used as an advisory precedent in other cases.
Finally, here in Washington, this decision must be considered something of a blow to gubernatorial candidate Rob McKenna (R), who went against the wishes of the Governor and a majority of the people (e.g. the March 2010 Washington Poll) by participating in the AG lawsuit (Florida v. HHS). Indeed, a recent SurveyUSA poll found that 40% of those polled were less likely to support McKenna compared to 36% more likely to support McKenna because of the lawsuit. A loss will make McKenna’s participation look like a quixotic waste of time and resources.
Hey Ladies
I just realized that with Gregoire’s retirement, Washington may have all men in the statewide elected offices. That would be a real shame.
And nothing against men; I am one. It’s just that top to bottom the elected executive branch could better reflect the state. We’re certainly willing to elect women statewide as evidenced by our current governor, US Senators and some State Supreme Court justices.
I’m not arguing for a quota system here, or saying you have to vote for the woman for any position. We should evaluate the candidates based on how well we think they’ll do in office. Certainly if Pam Roach jumps into any race for any executive position, you should vote against her. I’ve heard rumors that Lisa Brown is or was thinking about running, but I’d rather have Inslee than her.
So, I don’t know if the parties aren’t recruiting women, or if possible women candidates haven’t stepped up enough. But it would be a sad state of affairs if in 2012, we couldn’t elect a single woman to an executive position.
Drinking Liberally — Seattle
The Seattle Chapter of Drinking liberally meets tonight. There is much to talk about: Jay Inslee is in for Governor, and is leading McKenna in a new poll. Roger Goodman will run for Inslee’s 1st congressional district seat. Secretary of State Sam Reed is out, leaving three open statewide contests for 2012. Oh…and Seattle police leave an assault rifle unattended on a patrol car!
Please join us tonight for drinks, conversation, dinner, and assault weapons tips at the Montlake Ale House, 2307 24th Avenue E. Starting time is 8:00 pm, but a few folks show up around 7:00 pm for dinner.
Actual Google News screencapture:
Can’t make it tonight? There will be a special fireworks edition of Drinking Liberally, Newport Hills on the 4th of July. The fun begins at the Mustard Seed, 7:00 PM. Then, at about 8:30 or 9:00, they’ll make a short trip over to Newcastle’s Lake Boren park for the fireworks.
Finally…Have you registered for NWroots on July 9th? First Congressional District candidate Roger Goodman will open up the conference, announce his candidacy, talk a bit about the disastrous war on drugs, then introduce the current 1st District Congressman and gubernatorial candidate, Jay Inslee. Other featured speakers are 4th Congressional Candidate Jay Clough, attorney Cyrus Habib, “dreamer” Also Chehade, Washington State Labor Council President Jeff Johnson, Congressmen Jim McDermott and Dennis Kucinich, and, a special guest from Canada, former Canadian Health Minister Ujjal Dosanjh, who will address single payer health care. There will be sessions and panels on the media, health care, immigration, labor, agricultural policy, the mortgage crisis, electronic voting issues, and an excellent 25 minute documentary on Afghanistan. There will be a candidates social, a special musical performance by the Total Experience Gospel Choir, and an after-party at Seattle’s oldest saloon. Find more information and register here.
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