A skeptical leftist's, or post-capitalist's, or eco-socialist's blog, including skepticism about leftism (and related things under other labels), but even more about other issues of politics. Free of duopoly and minor party ties. Also, a skeptical look at Gnu Atheism, religion, social sciences, more.
Note: Labels can help describe people but should never be used to pin them to an anthill.
As seen at Washington Babylon and other fine establishments
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July 14, 2023
About that word 'nephew,' r/NBA
July 13, 2023
Zelensky: The new and improved next Yeltsin?
Self-proclaimed supporters of Ukraine in fact support or deny in spite of overwhelming evidence foreign-backed violent overthrow of Ukrainian government by means of false flag Maidan massacre with far-right involvement, civil war in Donbas & proxy war in Ukraine which all have…
— Ivan Katchanovski (@I_Katchanovski) July 10, 2023
Most popular blogging of June
July 12, 2023
Texas progressives talk Paxton, special session, races
Off the Kuff looked at Houston's lawsuit against the Death Star bill, the first of what will surely be many lawsuits filed against far-right legislation.
July 11, 2023
John Roberts does it again on voting issues
Rick Hasen notes a ticking time bomb at the tail end of Moore v Harper. Here it is, edited to shorten:
In the last part of his majority opinion for the court, the chief justice got the liberal justices to sign on to a version of judicial review that is going to give the federal courts, and especially the Supreme Court itself, the last word in election disputes. The court held that “state courts may not transgress the ordinary bounds of judicial review such that they arrogate to themselves the power vested in state legislatures to regulate federal elections.”
To understand these dense words, we need to go back to the last time the Supreme Court decided a major election case, the 2000 Bush v. Gore decision (a case cited in Moore, for the first time ever, in a majority opinion in the 23 years since that decision). ....
After the Florida court ordered the recount, Bush appealed to the U.S. Supreme Court. A majority held that the recount ordered by the Florida court violated the equal protection clause because there was no guarantee that uniform standards were used or could be used to conduct it. But three justices—Chief Justice William Rehnquist, joined by Justices Antonin Scalia and Thomas—adopted this milder version of the independent state legislature theory at the time. In essence they argued that the Florida court’s interpretation of the Florida election statutes to allow this recount was so far from ordinary statutory interpretation that the Florida court was essentially making up the law for itself, and taking away the legislature’s power to decide the rules for conducting federal elections in the first instance.
It is this milder version of the independent state legislature theory that the court embraced in Moore. It did not spell out its contours, and whether to adopt the Rehnquist Bush approach or some other approach. But Kavanaugh, in a concurrence, endorsed the Rehnquist approach and said that in engaging in this second-guessing, federal courts need to compare election law in the state in earlier decisions. The greater the deviation, the more likely they’d be to find a violation of the independent state legislature theory.
Make no mistake: This apparent new test would give great power to federal courts, especially to the U.S. Supreme Court, to second-guess state court rulings in the most sensitive of cases. It is going to potentially allow for a second bite at the apple in cases involving the outcome of presidential elections. In the 2020 presidential election, for example, Trump allies raised this theory in arguing that Pennsylvania’s Supreme Court could not extend the days for the receipt of absentee ballots by three days in light of the COVID-19 pandemic. There were not enough of these late-arriving ballots to make a difference in 2020, but if there had been, according to the approach laid out in Kavanaugh’s concurrence, the Supreme Court would have had to look at Pennsylvania court precedents to decide if the state court went too far in deciding matters under its own state laws. ...
It fell to Thomas, who ironically joined Rehnquist’s Bush concurrence, to point out how much discretion Roberts’ test. ...
Thoughts?
First, besides the time bomb, is the making Bush v Gore precedent now, explicitly rejecting Rehnquist, speaking for the five kingmakers, saying that it shouldn't be, and even that it wasn't.
Second, Roberts has dropped such time bombs ever since being the fifth vote on upholding Obamacare — at the price of truncating the Commerce Clause by calling the penalty a tax, and other things. And, he's used that in years since.
Although the court upheld Section 2 of the Voting Rights Act earlier this year, that would be one way this could come into play in the future — keeping it technically still alive, but further narrowing its parameters.
Or, in the case of absentee ballots, things such as what counts as a defaced ballot, equal access and drop-off locations and more will all be in play for federal review.
July 10, 2023
Hey, Joe, don't talk to Elon or Mark; Biden, social media, BlueAnon
This is my quick take on District Judge Terry Doughty telling President Joe Biden and top staff last week to not talk to social media companies, and includes Chris Lehmann's column at The Nation.
(Update: Sept. 14: Alito, for SCOTUS, has put a temporary stay on the ruling.)
To me, this is definitely a non-twosider issue. Sadly, The Nation, which is ultimately twosider itself as a duopoly-based opinion mag on elections issues, tries to frame it that way, even though there's plenty of information to the contrary.
No, Biden, NIAID's Anthony Fauci, NIH's Francis Collins et al, did not tell Twitter, Facebook etc., on COVID, "don't publish this or we'll come after you," but browbeat? Yes. And, while I didn't blog about it, I did Tweet about what many leftists, and some liberals as well called Orwellian, no Trumpist prompts needed, Biden's "Disinformation Governance Board" within the Department of Homeland Security. Now, that was focused on foreign policy, namely the Russia-Ukraine war, not COVID, but Counterpunch, long before Judge Doughty, called it "Orwellian." Lehmann should have heard about that. If he didn't, that's another indictment of The Nation, as well as him personally. If he did, and disagreed, ditto.
And, given that Fauci was very publicly bashing against claims there was a lab leak at the Wuhan Institute of Virology, then later lying by definitional reframing in claiming that Peter Daszak et al weren't doing gain of function research there when they actually apparently were, this browbeating is at minimum, one step short of the moral equivalent of censorship, as in actual, First Amendment, government censorship.
Chronologically, and not limited to these links, I talked about the gain-of-function bullshit here, here, here, here (with Fauci making conspiracy theory dogwhistles), here (with NIH finally admitting that WIV had been doing just that), and here. He doesn't tell you, unlike Zeynep Tufekci saying so early on, that most the signatories of that infamous Lancet letter repudiated it by the middle of 2021. I talked about the lab-leak possibility in depth here (my blogging on Pro Publica's big piece last year), a follow-up here about the refuted bashing of Pro Publica's reporting. And, I noted that Your Local Epidemiologist actually moved her personal needle on the idea. (I also, apropos Lehmann, talked about the BlueMAGA gaslighting "valiant" work of Dr. Peter Hotez here, including his own lies about both gain-of-function and the lab leak.) And, speaking of Tufekci, she called out such tribalism long ago, as discussed here.
Lehmann ignores all of this. He also ignores that Warmonger Joe had initially planned a "ministry of disinformation," albeit one that might be focusing on neocon foreign policy concerns rather than COVID.
That said, Doughty is wrong, with MAGAts-sized hyperbole, that this is the most massive attack on the First Amendment in government history. That would either be the John Adams administration or the Woodrow Wilson administration.
And so, Lehmann might indeed be right that, whether or not this was Doughty's intent, this serves to "platform" the Twitter Files.
But, it's irresponsible to try to pretend this ruling happened in a #BlueAnon vacuum, because it didn't. This may have been a bad ruling but it was
And, this is about reason No. 934 why, even at a buck a week or whatever digitally, I won't subscribe to The Nation.
For more on this issue, see the frequently updated and insightful thoughts of Clinton National Security Council staffer Jaime Metzl.