From My Mailbag

NARAL Pro-Choice America reminds us that the Plan B emergency contraception is still unavailable over-the-counter:

Nancy Keenan, president of NARAL Pro-Choice America, called on Congress to pass new legislation introduced today by Rep. Carolyn Maloney (D-NY) that would require the Food and Drug Administration to end two years of delay and make a decision on whether women may have over-the-counter access to emergency contraception.

The legislation, the "Plan B for Plan B Act," would give FDA 30 days to approve or deny the application for the Plan B emergency contraceptive, often referred to as the "morning-after pill." If the agency continues to drag its feet, the application is assumed to be approved - and women will finally have easier access to this important means of preventing unintended pregnancy.

If you live near Queens, New York, you can go and attend a show about Afghan women photographers and their photographs.

The National Women's Law Center tells you how you can legally fight sex segregation in education (a pdf file).

And Rorschach, who has an excellent taste in blogspot templates, has a story about breasts and bombs. Which is more frightening?

The Terrible Twos

My blog will be two years old on Monday. Will it start acting up and throwing temper tantrums? I'm not sure. Reading some of my early posts shows that I had no idea what I was going to do with this here blog, and some days it feels that the blog is a house, like an old beer-smelling pub, full of loud voices and even laughter. It has nothing to do with me, then. I don't explain this very well, but it is clear to me that the blog has decided to have its own life, to do its own thing, pretty much.

I started the blog for two reasons. One was the desire to force myself to write a little, the other the feeling of suffocating silence I experienced when I couldn't read enough voices like my own (booming, goddessy, correct). Both these goals have now been met, quite amply, and the internet today is rich in much better feminist writers than I can ever be. But I have developed a third reason for the blog, and that is the fun of having one, the great joy I have in the discussions that go on in the comments threads, getting to know so many intelligent and charming people. Also the adulation, of course...

The title of this post does have a point: Where should the blog go next? Will it develop a clearer personality, a deeper expertise? I love being a renaissance goddess, flittering here and there, depending on whatever gives me that inner beep that tells I want to write about it. But this is not a good marketing angle. I should specialize and give more in-depth analyses of economics (the field I know most about, but then it's boring) or I should make this into a group blog so that there is something fresh and interesting every day. Or the blog should become a real political blog, talking tactics and strategy. Or I could just ignore the marketing angles altogether, which is pretty much what I have done so far.

This is a selfish post. It is selfish to have a blog and to dare to assume that one has something worthy to blog about. The other half of me finds this post deplorable, but then that is the half that stays home when I go carousing, too, and the half that does the cleaning and vacuuming. Good old dull Echidne. Too bad that she has to be dragged through all this.

Friday Night For Bush

It's hard work being a prezdent. Hard work to get the approval ratings in the U.S. down to 35%. Hard work:

Nearly six in 10 Americans, 58%, said they had doubts about the president's honesty, a 13% rise in 18 months. Only 32% believed Mr Bush was handling ethical issues well, a significantly worse score than Bill Clinton achieved in his last scandal-besmirched year in office. His overall popularity has plunged to 39%, a new low for the Washington Post/ABC survey.

Mr Bush is no more popular in Argentina, where a protest by several thousand demonstrators turned ugly. In the coastal city of Mar del Plata, where he is attending a regional summit, protesters set fire to a bank, looted stores and battled riot police.

Earlier, the tone was struck by the former football star Diego Maradona, who wore a "Stop Bush" T-shirt to an anti-Bush "counter-summit" that drew some 4,000 protesters from around the world and easily eclipsed the official summit in the public's attention. "I'm proud as an Argentine to repudiate the presence of this human trash, George Bush," said Maradona.

Ouch!

The Friday Dump

Courtesy of Washington Post and Dan Froomkin:

Another shocking accusation by former administration insider Lawrence Wilkerson appears to be going under the media radar today.

On NPR yesterday, the former chief of staff to the secretary of state said that he had uncovered a "visible audit trail" tracing the practice of prisoner abuse by U.S. soldiers directly back to Vice President Cheney's office.

Here's the audio of Wilkerson's interview with Steve Inskeep. The transcript is not publicly available, but here are the relevant excerpts:

"INSKEEP: While in the government, he says he was assigned to gather documents. He traced just how Americans came to be accused of abusing prisoners. In 2002, a presidential memo had ordered that detainees be treated in a manner consistent with the Geneva Conventions that forbid torture. Wilkerson says the vice president's office pushed for a more expansive policy.

"Mr. WILKERSON: What happened was that the secretary of Defense, under the cover of the vice president's office, began to create an environment -- and this started from the very beginning when David Addington, the vice president's lawyer, was a staunch advocate of allowing the president in his capacity as commander in chief to deviate from the Geneva Conventions. Regardless of the president having put out this memo, they began to authorize procedures within the armed forces that led to, in my view, what we've seen.

"INSKEEP: We have to get more detail about that because the military will say, the Pentagon will say they've investigated this repeatedly and that all the investigations have found that the abuses were committed by a relatively small number of people at relatively low levels. What hard evidence takes those abuses up the chain of command and lands them in the vice president's office, which is where you're placing it?

"Mr. WILKERSON: I'm privy to the paperwork, both classified and unclassified, that the secretary of State asked me to assemble on how this all got started, what the audit trail was, and when I began to assemble this paperwork, which I no longer have access to, it was clear to me that there was a visible audit trail from the vice president's office through the secretary of Defense down to the commanders in the field that in carefully couched terms -- I'll give you that -- that to a soldier in the field meant two things: We're not getting enough good intelligence and you need to get that evidence, and, oh, by the way, here's some ways you probably can get it. And even some of the ways that they detailed were not in accordance with the spirit of the Geneva Conventions and the law of war.

"You just -- if you're a military man, you know that you just don't do these sorts of things because once you give just the slightest bit of leeway, there are those in the armed forces who will take advantage of that. There are those in the leadership who will feel so pressured that they have to produce intelligence that it doesn't matter whether it's actionable or not as long as they can get the volume in. They have to do what they have to do to get it, and so you've just given in essence, though you may not know it, carte blanche for a lot of problems to occur."

Get it? A visible audit trail, like the slime snails leave when they crawl across your hosta leaves in the last darkness of the night.

Added at dusk: Cheney has now officially asked for a torture exemption. He's too weak to do effective torturing. I guess he will just watch, though his 19% approval rating must feel like torture, right now.

T-Shirts For Tits

Abercrombie&Fitch used to be this weird store with stuffed rhinoceroses and toys for very rich middle-aged men, all served on antique mahogany counters. Now they sell to the teenagers. What they have recently tried to sell is t-shirts which make fun of Asians, but that didn't work out so brilliantly, so they decided instead to focus on making fun of women, mostly. This should do well as women are the ones buying most stuff.

An example of these t-shirts, which I have stolen from Amanda's post on Pandagon (where you can go to see the whole spread of available jokes) is this:





A deep statement. It could be taken at face value (in which case the breasts should be a lot bigger and preferably false) or it could be seen as a satirical joke on the society and its way of assessing women. Then there is the totally different question: How will it be taken by others who see the t-shirt around a real live wearer? That's the really important question, and I bet that most of those others will take it at face value. Or tit value.

Some of the other offerings in this line are worse, a lot worse, and some are better. But all of them are peddled by a firm for money. Abercrombie&Fitch doesn't care about women's rights as long as those include some pocket money for teenage girls.
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A Post-Script: A&F have pulled the shirts off the market because of the protests linked to above.

DeLay and Abramoff

The odd e-mails between the two of them are now public:

Representative Tom DeLay asked the lobbyist Jack Abramoff to raise money for him through a private charity controlled by Mr. Abramoff, an unusual request that led the lobbyist to try to gather at least $150,000 from his Indian tribe clients and their gambling operations, according to newly disclosed e-mail from the lobbyist's files.

The electronic messages from 2002, which refer to "Tom" and "Tom's requests," appear to be the clearest evidence to date of an effort by Mr. DeLay, a Texas Republican, to pressure Mr. Abramoff and his lobbying partners to raise money for him. The e-mail messages do not specify why Mr. DeLay wanted the money, how it was to be used or why he would want money raised through the auspices of a private charity.

"Did you get the message from the guys that Tom wants us to raise some bucks from Capital Athletic Foundation?" Mr. Abramoff asked a colleague in a message on June 6, 2002, referring to the charity. "I have six clients in for $25K. I recommend we hit everyone who cares about Tom's requests. I have another few to hit still."

The e-mail was addressed to Tony Rudy, who had been Mr. DeLay's chief of staff in the House before joining Mr. Abramoff's lobbying firm. Mr. Abramoff said it would be good "if we can do $200K" for Mr. DeLay.

It was the Indian tribes who were supposed to hand out this money. For what purposes is not clear, but not for anything that would have benefited the tribes.

I have no idea if any of this is illegal but it sure looks unethical to me.

Bye, Bye Tomlinson

Bert and Ernie waving together, looking out of a Sesame Street window? Waving goodbye to Kenneth Y. Tomlinson, who has resigned his post on the board of the Corporation for Public Broadcasting. The resignation, though very welcome to us rabid lefties, is largely symbolic as Tomlinson's term was to run out next January anyway.

Tomlinson was in charge of the planned wingnut takeover of the Public Broadcasting System, and as part of this venture he commissioned a study which was hilarious in its incompetency. He also carried on in other odd ways:

Despite Tomlinson's high-profile campaign, it was his behind-the-scenes moves that apparently contributed to his departure.

The CPB's inspector general has been investigating Tomlinson's practice of using agency money to hire consultants and lobbyists without notifying the agency's board. Tomlinson last year hired a little-known Indiana consultant to study the political leanings of guests on such programs as "Now With Bill Moyers" and "The Diane Rehm Show" on National Public Radio. He also hired lobbyists to defeat legislation that would have changed how CPB's board is structured.

The inspector, Kenneth Konz, also had been looking into whether Tomlinson violated agency procedures in his recruiting of former Republican National Committee co-chairman Patricia de Stacy Harrison to be CPB's chief executive, and into possible White House influence in the hiring of two in-house ombudsmen to critique news programs on NPR and PBS.

Konz delivered his preliminary findings to CPB's board Tuesday night, but the report will not be made public until midmonth.

In announcing Tomlinson's departure yesterday, the CPB added a curious addendum: "The board does not believe that Mr. Tomlinson acted maliciously or with any intent to harm CPB or public broadcasting, and the board recognizes that Mr. Tomlinson strongly disputes the findings in the soon-to-be-released Inspector General's report. The board expresses its disappointment in the performance of former key staff whose responsibility it was to advise the board and its members."

Mysterious, isn't it?

It may be too late to save the PBS. At least my local station has been taken over fairly completely. I recently listened to an evening of solid wingnuttery. I can get this from any commercial network without the pretense of erudition. And the CPB is still firmly in the claws of wingnuts: the new chairwoman, Cheryl F. Halpern, is a long-time contributor to the Republicans.

Alitoisms

Think Progress has put together some of Alito's colleagues criticisms of him. For example:

"[Judge Alito's] position would immunize an employer from the reach of Title VII if the employer's belief that it had selected the 'best' candidate, was the result of conscious racial bias. . . . Title VII would be eviscerated if our analysis were to halt where [Judge Alito's] dissent suggests." (Bray v. Marriott Hotels, 1997) (Judge Theodore McKee)

Title VII of the Civil Rights Act is all we have on the federal level to stop employers from being bigots in hiring and firing if they so wish. Title VII applies both to race and gender. That the soft-spoken and gentle Alito doesn't think much of it should send shivers down your spine.

Biographies of Women

Last time I visited a brick bookstore I bought two biographies to read, one on Lucrezia Borgia (Sarah Bradford: Lucrezia Borgia) and one on Florence Nightingale (Gillian Gill: Nightingales). They have now both been read as can be seen from the wrinkled shape of the books (I read in the bath).

Biographies are not my favorite reading because the endings are always so sad, but there is something to learn from studying individual famous lives and especially so when the individual in question is a woman. This is because only by reading lots of biographies of famous vomen does it become clear why there are so few of them. Talk about being a sheet going through the mangle!

The juxtaposition of Lucrezia and Florence is interesting in its own right. Here we have two famous women from the opposite edges of the customary moral dimension: a murderess/sexual devourer/hapless victim of male power (Lucrezia) and the lady with the lamp/angel/asexual prude (Florence). These are myths, of course, and myths very much conditioned on the femaleness of the subjects. What the truth was will probably never be known for sure, but I'd be willing to bet that Florence and Lucrezia were both much more complicated human beings than that.

These biographies reveal some of those complications. Take Lucrezia, for example. It is true that she was a member of the infamous Borgia family and that Cesare Borgia, her brother, really was quite a monster who, among other things, traded her sister off for various political reasons. But Lucrezia was not a bad politician herself. Macchiavelli in The Prince praised Cesare Borgia's political skills to heavens. What he didn't point out much was the fact that Cesare ended up being totally demolished, imprisoned and dead fairly young. Lucrezia outlived him and died in power (though still young while giving birth). She was at least as able at playing the diplomatic games as her brother. And not a single murder can be attributed to her.

Florence was a mathematician, a statistician and a formidable intelligence. She knew how hard it was for a woman with these skills to succeed during the Victorian era, and she did what was necessary to do it. Hence the nursing career, the focus on helping others and the asexual lifestyle, though her desire to help others was certainly real enough, given her religious views.

What struck me after finishing the books was how similar the two stories really were. The major theme in both of them is the strength of the societal straightjacket that was fitted on these women and their cleverness in re-tailoring it here and there to get more freedom. When we remember that these are the stories of the rare women who were born into wealthy families and received an education, well, it becomes stunningly obvious why the Lucrezias and Florences of the history are so rare.

Biographies are not the stories of the person portrayed, though. They tell us at least as much about the biographer and the available sources, and whether we get a new biography of some famous person depends on the fashions of the time. But even with these warnings in mind it's not a bad way to spend a bathing hour with Lucrezia or Florence.

No Filibuster for Scalito?

Ben Nelson thinks Alito is just a dandy guy. Nelson is one of those so-called moderate Democrats (wingnuts-on-a-diet). He is part of the 'Gang of Fourteen', the people in the middle who decide if a filibuster would work or not. Of course, Nelson will never need to worry about whether he will need an abortion or whether he will be regarded as property of his wife.

So will Scalito be filibustered? It all depends on what the politicians think the consequences are. Politicians are one of the most frightened species on earth, especially the Democratic type, and they will not do anything that might make the mythical undecided voter angry. This is in sharp contrast to the wingnut variant of the species: they are also very afraid but this time of their base. Who would blame them, really. We, the Democratic base, are kind and intelligent people who would never torture someone. They, the Republican base, are...wingnuts.

But I do think that the Democratic base has been ignored for far too long, and if we don't get some attention soon we might just not turn up to vote in 2006.

Cousin Anger Came To Tea

A long time ago I wrote an excellent bad poem about anger. It goes something like this:

Cousin Anger came to tea
She is petrified
She speaks of violence
in my silence
She makes me terrified

She makes me cry
(Papa knows why)
I cannot force her
to use a saucer
She is so undignified

I wish she'd end her visit
And let me close the room
Her lineage is illicit
Her manners spell my doom
She must be made to go
without my telling so.

Well, it seems that cousin Anger might have had the goods, after all. A new study (to be viewed with the same scepticism as all such studies) suggests that anger is a healthier reaction to stress than fear:

People who respond to stressful situations with short-term anger or indignation have a sense of control and optimism that lacks in those who respond with fear.

"These are the most exciting data I've ever collected," Carnegie Mellon psychologist Jennifer Lerner told a gathering of science writers here last month.

Lerner harassed 92 UCLA students by having experimenters ask subjects to count backward on camera by 13s starting with an odd number like 6,233, telling them it was an intelligence test and then telling them they weren't counting fast enough and to speed it up as they went along.

Wrong answers meant subjects had to start all over again.

Another test involved counting backwards by sevens from 9,095.

So angry …

The video cameras caught subjects' facial expressions during the tests, ranging from deer-in-the-headlights to seriously upset. The researchers identified fear, anger and disgust using a psychologist's coding system that considers the flexing of particular sets of small muscles in the face.

The researchers also recorded people's blood pressure, pulse and secretion of a high-stress hormone called cortisol, which can be measured in the saliva and collected with a cotton swab.

The people whose faces showed more fear during the had higher blood pressure and higher levels of the hormone. The findings were the same for men and women.

Lerner previously studied Americans' emotional response to the Sept. 11, 2001, terrorist attacks two months afterward and found that anger triggers feelings of certainty and control. People who reacted with anger were more optimistic about risk and more likely to favor an aggressive response to terrorism.

The snag is, of course, that we are not really easily able to decide if we should feel anger over fear or not. But I have decided that these news give me the permission to be angry at weird wingnuts.

Trophy Husbands

Trophy wives are common as dirt and not interesting to write about. I am going to start a new trend: that of collecting trophy husbands. Not even eBay knows about it yet. Personally, I like to keep mine lined up on the mantelpiece, especially right around the Christmas time when they can serve double-duty as Christmas stocking holder.

But I really should write about this new trend in the way of the great columnists of the New York Times. That is the way to become famous. Let's see it it works:


Jolanda Matriarcha, a 26-year old corporate stylist clad in Prada and a vintage bikini, shrugs her golden shoulders when I ask her if keeping trophy husbands ruins the Western Civilization: "Duh. Everybody knows that women have multiple orgasms and need multiple penises. It's in our genes." She gets into her SUV, full of young, handsome men and drives off.

I turn around and think about the research of O. Gasp, a famous evolutionary psychologist who has spent a lifetime on the theory of Multiple Orgasms as the reason why women can't keep their fingers off all those male bodies. Dr. Gasp, well known in the cocktail circuit, tells me this: "Women are gatherers. They gather in multiples: turnips, diamonds, men. Sad, of course, but we must be brave and accept these scientific findings."

Stud Pippins, a 30-year old stockbroker, is working out at Hulks Are Us, a popular mid-Manhattan health club for Trophy Men. His Rolex is steamed over with the testosterone-laden air of the place and Stud's hundredth smooth push-up leaves his torso gleaming. He wipes it dry with a Ralph Lauren teatowel as he muses on his life as the Fourth Trophy of Gloria X: "Gloria is really good to me. I have my own room and I can go out with the guys whenever I want to. And we Trophies have all that male bonding in the house and more time to watch football and drink beer. It's a good life."

What would Stud's father say about his son's life? Would he wonder if he shouldn't have given Stud the book "Every Seventh Night of Your Wife" to his thirteen-year old son? Did he think that the Men's Rights movement of the 1990's would make Stud's life different? Would let him be the Only Husband? Or did he know better than all that?

I shrug my Chanel-covered shoulders as I walk past all the three-million dollar McManors in which male trophy orgies are right now taking place. The rain falls down gently as I ask myself: "What was the point?"

Scalito and the Polls

Americans polled about Alito don't know very much about him yet (wait until we bloggers get going), but they do know one thing:

If it becomes clear Alito would vote to reverse Roe v. Wade, Americans would not want the Senate to confirm him, by 53% to 37%.

Rose Alito, Samuel's mother, has told us all we need to know then:

Rose Alito, the mother of Supreme Court nominee Samuel Alito, told the Associated Press that "of course" her son is "against abortion."

Closed Session

The Democrats have forced the Senate into a closed session to question the Iraq intelligence that was used before Bush initiated the war:

"They have repeatedly chosen to protect the Republican administration rather than get to the bottom of what happened and why," Democratic leader Harry Reid said.

Taken by surprise, Republicans derided the move as a political stunt.

"The United States Senate has been hijacked by the Democratic leadership," said Majority Leader Bill Frist. "They have no convictions, they have no principles, they have no ideas," the Republican leader said.

In a speech on the Senate floor, Reid demanded the Senate go into closed session. The public was ordered out of the chamber, the lights were dimmed, and the doors were closed. No vote is required in such circumstances.

Reid's move shone a spotlight on the continuing controversy over intelligence that President Bush cited in the run-up to the war in Iraq. Despite prewar claims, no weapons of mass destruction have been found in Iraq, and some Democrats have accused the administration of manipulating the information that was in their possession.

Vice President Dick Cheney's chief of staff, I. Lewis "Scooter" Libby, was indicted last Friday in an investigation that touched on the war, the leak of the identity of a CIA official married to a critic of the administration's Iraq policy.

"The Libby indictment provides a window into what this is really all about, how this administration manufactured and manipulated intelligence in order to sell the war in Iraq and attempted to destroy those who dared to challenge its actions," Reid said before invoking Senate rules that led to the closed session.

This is the sort of thing one does in a one-party system in order to get any kind of scrutiny going. It was about time for the Democrats to do something, and this has the additional advantage of being enjoyable to watch. Did you see Frist's temper tantrum?

What An Odd Coincidence

Gilead, the wingnut world of Margaret Atwood's The Handmaid's Tale, is also the name of a company which owns the rights to Tamiflu. Tamiflu may be one of the only treatments for any avian flu pandemic; may be, because the virus could mutate into a form that is not amenable to Tamiflu. But right now many people are hoarding the medication, in the hope that they are safe from dying when/if the pandemic strikes. This hoarding causes shortages for those people who get the run-of-the-mill flu this winter.

But it has also raised the value of Gilead stock. Donald Rumsfeld owns lots of this stock:

Rumsfeld served as Gilead (Research)'s chairman from 1997 until he joined the Bush administration in 2001, and he still holds a Gilead stake valued at between $5 million and $25 million, according to federal financial disclosures filed by Rumsfeld.

The forms don't reveal the exact number of shares Rumsfeld owns, but in the past six months fears of a pandemic and the ensuing scramble for Tamiflu have sent Gilead's stock from $35 to $47. That's made the Pentagon chief, already one of the wealthiest members of the Bush cabinet, at least $1 million richer.

Rumsfeld isn't the only political heavyweight benefiting from demand for Tamiflu, which is manufactured and marketed by Swiss pharma giant Roche. (Gilead receives a royalty from Roche equaling about 10% of sales.) Former Secretary of State George Shultz, who is on Gilead's board, has sold more than $7 million worth of Gilead since the beginning of 2005.

Another board member is the wife of former California Gov. Pete Wilson.

Interesting, and it puts Rumsfeld into a tricky (though affluent) situation:

What's more, the federal government is emerging as one of the world's biggest customers for Tamiflu. In July, the Pentagon ordered $58 million worth of the treatment for U.S. troops around the world, and Congress is considering a multi-billion dollar purchase. Roche expects 2005 sales for Tamiflu to be about $1 billion, compared with $258 million in 2004.

Just coincidences, and Rumsfeld has done nothing wrong here. But it's odd to see the other side of a possible global health crisis. Someone will benefit from it.
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Link from smalfish

Bush's Gift to Women

The longer my thoughts linger over the appointment of Samuel Alito to the Supreme Court the more aghast I become at what this tells about our president and his views on women:

Remember that the vacant seat belonged to the first woman to sit on the Supreme Court. Now that symbolic seat is offered to a man whose judicial past indicates that he would not only be willing to strike down women's rights for reproductive choice but also reduce the government's ability to keep sex discrimination in employment illegal:

You'll hear a lot about some of Alito's other decisions in the coming days, including his vote to limit Congress' power to ban even machine-gun possession, and his ruling that broadened police search powers to include the right to strip-search a drug dealer's wife and 10-year-old daughter—although they were not mentioned in the search warrant. He upheld a Christmas display against an Establishment Clause challenge. His prior rulings show that he would raise the barriers for victims of sex discrimination to seek redress in the courts. He would change the standard for analyzing race discrimination claims to such an extent that his colleagues on the court of appeals fretted that Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex, or national origin, would be "eviscerated" under his view of the law. He sought to narrow the Family and Medical Leave Act such that states would be immune from suit—a position the Supreme Court later rejected. In an antitrust case involving the Scotch tape giant 3M, he took a position described by a colleague as likely to weaken a provision of the Sherman Antitrust Act to "the point of impotence."

And he has indicated that his view of women and children is at least partly as property of men:

In Doe v. Groody, Alito agued that police officers had not violated constitutional rights when they strip searched a mother and her ten-year-old daughter while carrying out a search warrant that authorized only the search of a man and his home. [Doe v. Groody, 2004]

This is outrageous. This is an insult against all American women, even the ones who are pro-life. Women have just been treated like dirt by the president of this country. While he kowtows to the radical cleric wing of his base (what wing? they are his base) he is making this country a worse place for all women, not only his own wife and daughters.
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Read this Kos diary to see what Alito might mean for young women in this country. Or this diary. Then remember that similar diaries could be written about the women who might be denied employment or promotions on discriminatory grounds, yet have little access to judicial remedies.

Now This Is What We Should Talk About

Matthew Cooper, one of the journalists involved in the Plame affair has said this today:

"There is no question. I first learned about Valerie Plame working at the CIA from Karl Rove," Cooper said.

Libby has since claimed that he heard the Plame rumors from other reporters. Cooper disputed that version of events. "I don't remember it happening that way," he said. "I was taking notes at the time and I feel confident."

If a trial goes ahead, Cooper said he would name Rove as his source of the information.

Bush doesn't want us to talk about this, though. He wants us to talk about Alito and illegal immigration. I wonder why...

Happy Halloween!

BOOOOO!

No Joy in Mudville?

Billmon is excellent on Alito's judicial history. A snippet:

True, there are no "gotcha" lines -- Little Scalia apparently doesn't share Big Scalia's tendency to showboat -- but his legal reasoning in Casey can easily be reduced to a few viscerally offensive points, suitable for 30-second ads:

* Scalito equates Pennsylvania's spousal notification laws with the parental notification requirements upheld by the O'Connor court. Women are children, in other words, and stand in relationship to their husbands as minors stand to their legal guardians:

Justice O'Connor has also suggested on more than one occasion that no undue burden was created by the statute upheld in H.L. v. Matheson . . . which required parental notice prior to any abortion on an unemancipated minor . . .These harms are almost identical to those that the majority in this case attributes to Section 3209 (the PA spousal notification requirement.)

* Because the vast majority of married women tell their husbands before they have an abortion, those who don't are not worthy of the law's protection:

In the trial testimony on which the district court relied, the plaintiffs' witness stated that in her experience 95% of married women notify their husbands. Second, the overwhelming majority of abortions are sought by unmarried women. Thus, it is immediately apparent that Section 3209 cannot affect more than about 5% of married women seeking abortions or an even smaller percentage of all women desiring abortions.

* The risk that a husband might retaliate against a wife with psychological torment -- or by hurting her children -- is too insignificant to qualify as an "undue burden," even though plaintiffs established that such behavior is frequent in spousal abuse cases:

The plaintiffs . . . do not appear to have offered any evidence showing how many (or indeed that any actual women) would be affected by this asserted imperfection in the statute.

Excuse me while I go and take a shower.

Totally unrelatedly, doesn't the term "judicial restraint" make you think of black velvet chains attached to the posts of a Scaliasque four-poster?

Samuel A. Alito, Jr.

So this is the next step in the game: a hardcore wingnut, ready to hunt down the uppity women. Pretty much. He is also otherwise a wet dream for the radical cleric wing of the Republican party. Here are some of his opinions:

Samuel Alito's record reveals troubling elements that place him well outside the American mainstream:

* Alito took pains to distant himself from the longstanding constitutional requirement that abortion restrictions must have exceptions when a woman's health is in jeopardy. He did so when ruling on a law that effectively banned abortion as early as the 12th week of pregnancy and lacked an exception to protect women's health. The health exception is a fundamental tenet of Roe v. Wade, and the Supreme Court is scheduled to hear arguments about the need for the health exception this fall. Should Alito's vote replace that of Sandra Day O'Connor, a fundamental right will likely be lost by next summer.

* Alito has argued that significant restrictions on a woman's right to choose are constitutional. In Planned Parenthood of Southeastern Pennsylvania v. Casey, Alito argued that all of the proposed law's restrictions on a woman's right to choose – including a spousal notification provision struck down by the Third Circuit and, later, the Supreme Court – were constitutional. Alito dissented in part because he would have gone even further than the rest of the court.

* Alito would uphold state laws that place significant roadblocks in the way of women seeking abortion care. Alito concurred with the majority's opinion in Casey that concluded that "time delay, higher cost, reduced availability, and forcing the woman to receive information she has not sought," although admittedly "potential burdens," could not "be characterized as an undue burden." This opinion practically ensures that he would never find any burden to be undue.

This is naturally why he has been nominated. He is one of those legal scholars which regard the definition of a woman as the life support system around the uterus. But he is bad news in many other ways, too. For example, here is his opinion on the federally required family leave:

In 2000, Alito authored an opinion in which he ruled that the FMLA was an instance of unconstitutional congressional overreach. In particular, he said that the FMLA was unconstitutional because there was no evidence for the notion that women are disadvantaged in the workplace when they are not allowed to take family leave. Furthermore, he argued, the requirement that everyone be guaranteed 12 weeks of unpaid family leave was a disproportionately strong remedy:

Notably absent [from the FMLA] is any finding concerning the existence, much less the prevalence, in public employment of personal sick leave practices that amounted to intentional gender discrimination in violation of the Equal Protection Clause.

...Moreover, even if there were relevant findings or evidence, the FMLA provisions at issue here would not be congruent or proportional.

Family values a la Attila the Hun.

Then the political games can begin. We can ask what it means that Sandra O'Connors is replaced by this particular testiculated wingnut at this particular moment, leaving Ruth Ginsburgh the last representative of the majority of Americans on the bench. Or this would be what I would do, but the rule is to argue that the bench is deficient in wingnuts only, and Alito is sorely needed to increase the power of the Scalia contingency. Lots of possible Opus Dei boys here? Hmmmm. I better not touch that one.

But I can talk about the other game, which is to try to figure out if Alito is meant to be the second nominee to appease the wingnuts before the third and final one will be brought out. This would mean that a Big Fight is expected and that the Democrats are supposed to hammer Alito back into the underground with their stern little hammers, to help Bush, so that he doesn't get stuck with this wingnut who would make even his daughters' lives harder.

A Satisfying Film

It isn't really a film but a story shown like a film. About assholes.
---
Stolen from S.E.

Some Straight Talk from Bill Clinton

Listen to Bill (via this Kos diary) on how the Democrats should do politics against the wingnuts:

"You can't say, 'Please don't be mean to me. Please let me win sometimes.' Give me a break here," Clinton said. "If you don't want to fight for the future and you can't figure out how to beat these people then find something else to do."
...
Clinton attributed Republicans' control of Congress to Democratic candidates' inability or unwillingness to "stand up and be heard" on issues that matter to people. For example, he said, Democrats too often are unwilling to talk about abortion because they're afraid of virulent reactions from anti-abortion groups.

"So how come we can't talk about it?" he asked. "Because we basically let political ads turn every player in this drama into a two-dimensional cartoon instead of a three-dimensional person."

Clinton also criticized political reporters and authors for failing to use reason and common sense in their writing and failing to dig deeply into stories. Instead, he said, reporters let officials get away with saying things that aren't true so stories include comment from both sides.

True, very true. The Democrats in Washington, D.C. lack the fire and will that is needed, with only a few exceptions. And so do too many of us grass roots. No rain without thunder, remember? And there will be no real political change without the fight for it.

Supposedly the Chinese use "May you live in interesting times" as a curse, because interesting times are always times of restlessness and discord. It is too late for us to avoid that specific threat. But what would be an even greater curse is to have lived in interesting times and done nothing to make things better. At least we still have an opportunity to avoid that one.

From My Archives

This is a piece I wrote in the 1990's. It's outdated now but still worth reading for the point it makes.


On Babies and Puppies

If you had to choose between a birth as a puppy in the United States or as a baby girl in Taliban-dominated Afghanistan, which would you go for? I know that this is a tough one. Perhaps it would help to compare the options in some detail:


Both are cute, for starters. Both are also often unwanted. The Afghan girls are likely to live longer than puppies, although American puppies may have better access to medical care. Neither puppies nor Afghan girls are required to seek an education. Puppies may, however, go to school if their owners so desire, while the Afghan parents have no such rights over their daughter's education.

Both are powerless in affecting their own lives and equally vulnerable to random strikes of bad luck. Their fates are firmly in the hands of others: those of owners for the puppies and those of fathers (and later of husbands) for the Afghan girls. If these others are kind, the lives of both puppies and girls can be fairly enjoyable. If these others are cruel, both lives can be hell.

Still undediced? Neither puppies nor older Afghan girls are allowed to go out unchaperoned. Puppies must also wear identification tags and be leashed at all times, except in specially designated areas and on the property of their owners. Older Afghan girls must wear a body wrap that leaves no part uncovered, including their faces. It should be noted, though, that they don't have to wear leashes or identity tags. Yet, anyway.

Puppies are routinely banned from many public buildings as well as restaurants and grocery stores. Afghan girls are routinely banned from most public life.

See, I told you that the choice would be difficult. What is not so difficult to see is the incredibly poor taste I am exhibiting in even posing the question. But this is nothing compared to the poor taste the world has exhibited in providing me with the raw materials for this story.

Sunday Reading

You could do a lot worse than reading Amanda today on our old dear friend, Leon Kass. As you may remember, someone has decided to republish Leon Kass's expert opinions on the meaning of being a woman, from 1997, and I earlier blogged about the first installment. Now a second one has come out and Amanda says pretty much everything that needs to be said about it.

It is fun to imagine a reversal of Kass's writings. What would happen if some woman pontificated on the natural role of men and how their sperm defines them? What would happen if men were told that they are the incubators of their sperm and should base their ethics on what happens to each and every one of those little tailed critters? No more toilet bowls as a destiny, for any of them! Must worry about the quality of the wombs around here, and so on.

But such reversals don't happen, and that tells us much more about who has the power in this society than anything else. Leon Kass still has the right to try to define women, but I can't think of a single woman who would have the right to define Leon Kass.