The measure would have required doctors who provide abortions to have admitting privileges at hospitals within 30 miles of a clinic


The 5-4 decision, in which Chief Justice John Roberts joined with the court's four more liberal justices, struck down a law passed by the Louisiana Legislature in 2014 that required any doctor offering abortion services to have admitting privileges at a hospital within 30 miles. Its enforcement had been blocked by a protracted legal battle.

Two Louisiana doctors and a medical clinic sued to get the law overturned. They said it would leave only one doctor at a single clinic to provide services for nearly 10,000 women who seek abortions in the state each year.



The challengers said the requirement was identical to a Texas law the Supreme Court struck down in 2016. With the vote of then-Justice Anthony Kennedy, the court ruled that Texas imposed an obstacle on women seeking access to abortion services without providing any medical benefits. Kennedy was succeeded by the more conservative Brett Kavanaugh, appointed by President Donald Trump, who was among the four dissenters Monday.

Justice Stephen Breyer, who wrote the Texas decision, also wrote Monday's ruling. The law poses a substantial obstacle to women seeking abortions and offers no significant health benefits "and therefore imposes an undue burden on a woman's constitutional right to choose to have an abortion."
Roberts said he thought the court was wrong to strike down the Texas law, but he voted with the majority because that was the binding precedent. 

"The Louisiana law imposes a burden on access to abortion just as severe as that imposed by the Texas law, for the same reasons. Therefore Loui
The Center for Reproductive Rights said the burdens on access to abortions in Louisiana would have been even more restrictive than those in Texas, where about half of the state's abortion clinics were forced to close. It also said the law was unnecessary, because only a small fraction of women experience medical problems after abortions, and when they do, they seek treatment at hospitals near where they live, not ones near the medical clinic.
"As Republicans continue their assault nationally on Roe v. Wade, they are also fighting on a state by state basis," House Speaker Nancy Pelosi, D-Calif., said in a statement. "Louisiana's draconian abortion ban was a clear and intentional violation of the Constitution, explicitly designed to permanently destroy women's reproductive freedoms and dismantle their right to make their own decisions about their health, bodies and timing and size of their families."

Louisiana had defended the law, arguing that the requirement to have an association with a nearby hospital would provide a check on a doctor's credentials. But opponents said a hospital's decision about whether to grant admitting privileges had little to do with a doctor's competence and more to do with whether the doctor would admit a sufficient number of patients.
siana's law cannot stand under our precedents."


Painting murals gives students empowering role in protest movement

I'm reading "Painting murals gives students empowering role in protest movement" (Wisconsin State Journal):


For Madison-area youths such as Nelson Lashley, who just turned 10, participating in the Black Lives Matter protest movement by painting murals on boards covering Downtown businesses was empowering.
“I’ve been feeling good that I am in the protest,” said Nelson, who will be a fifth-grader at Lowell Elementary School. “It’s kind of beautiful how you can show what you’re doing through a peaceful form like art.”

The murals were painted on plywood put up after windows were broken during protests following the May 25 death of George Floyd in Minneapolis police custody. Many still stand.
Nelson painted with his father, Yorel Lashley, who said the opportunity aligned with the messages he tries to instill through his Drum Power company, which teaches drumming but also strives to develop the whole person.
As a musician, Lashley liked the idea of trying something in the visual arts. The project also was personal.
 

Ask the schoolchildren to paint the murals "Black Life Matters" for downtown Madison.

 

     As murals were being painted at the end of the school year, SJ Hemmerich, art teacher at Randall Elementary School, created a slide presentation of them. Hemmerich then presented it to students and as a last assignment asked , “If you could design your own mural for (Black Lives Matter), what would it be?” Then Hemmerich got the idea of why not do it for real.

    Hemmerich, like other teachers, reached out to “Black and brown students” to get involved. Hemmerich got permission to work on one large mural and five panels located near each other. ... Hemmerich also sent an email out to art teachers in the Madison School District to recruit more help beyond Randall and wound up with more than 135 students and some staff members.

    “I am really passionate about social justice work,” Hemmerich said. “I thought it would be a really good way to get students involved.”...

    Monique Karlen, art teacher at La Follette High School, said she started by recruiting some of her students and then got other help from students from Middleton and East high schools...

The only mention of parents in the article is about one student who said that her parents worry about her participation in the protests, so the mural-painting is a good, safe alternative. But I don't think teachers should be recruiting children to engage in political activism — even if it's artistic — without first involving the parents and getting their consent. I don't think adults should put any sort of pressure on children to take a political position and to do political work — even if it's artwork. Teachers should not be exploiting their access to children for any political purpose. They are given access to our children for the purpose of education, and it is a solemn trust that should never be violated. 

 

Chris Wallace Grills Mercedes Schlapp On Failed Tulsa Rally: 'You Guys Look Silly When You Deny Reality'



On his Fox News Sunday program, Wallace noted that President Donald Trump's Tulsa rally on Saturday had been sparsely attended despite the fact that the president claimed nearly a million people had requested tickets.
"We all saw the pictures last night," Wallace explained. "The arena was no more than two-thirds full. And the outdoor rally was cancelled because there was no overflow crowd. What happened?"
"The key here is to understand," Schlapp replied, "there were factors involved, they were concerned about the protesters who were coming in."
"He talks about how he can fill an arena," Wallace said, referring to the president. "And he didn't fill an arena last night. You guys were so far off that you had planned an outdoor rally and there wasn't an overflow crowd."
"Protesters did not stop people from coming to that rally," he added. "The fact is, people did not show up."
Schlapp disagreed before attacking presumptive Democratic presidential nominee Joe Biden for holding virtual events during the ongoing pandemic.
"Mercedes, please don't filibuster," Wallace interrupted. "Frankly, it makes you guys look silly when you deny the reality of what happened."
"I don't know why you are saying that," Schlapp complained.
"There are empty seats there," Wallace replied. "At least a third, if not half of the rally was empty. You can't deny it."
"Joe Biden has been a failed politician that has done nothing but support failed institutions," Schlapp opined. "This is in contrast with President Trump who has a strong record and is rebuilding this economy."

DOJ SPOKESWOMAN: 'THE AMERICAN PEOPLE DESERVE RESOLUTION' OF DURHAM INVESTIGATION INTO RUSSIA PROBE



Department of Justice spokeswoman Kerri Kupec told "Hannity" Wednesday that "the American people deserve resolution" about exactly what happened in the early stages of the Russia investigation."[Connecticut U.S. Attorney] John Durham and his team have been thoroughly and meticulously working on their investigation for many months now, as the attorney referenced earlier this week ... " Kupec told host Sean Hannity.
"The American people deserve resolution as to what happened to President Trump, his campaign, and then, of course, subsequent to that as well. It's important for the American people. It's important for our system of justice. And it's important, certainly, for the media to accurately report and cover that as well. What that resolution looks like remains to be seen."
Last week, former Deputy Attorney General Rod Rosenstein -- who oversaw the investigation by Special Counsel Robert Mueller -- testified that he would not have signed a Foreign Intelligence Surveillance Act warrant renewal application for former Trump campaign aide Carter Page had he known about since-revealed "significant errors" in in the document.
Mueller’s investigation yielded no evidence of criminal conspiracy or coordination between the Trump campaign and Russian officials during the 2016 election, though the question of whether Trump obstructed justice was left open in the final report.
Kupec declined to comment on Rosenstein's testimony but assured Hannity that Durham was "is working as hard as ever."
"What happened to President Trump was one of the greatest political injustices in American history," she said, "and never should happen again."

Oklahoma Supreme Court allows Trump rally to proceed as planned; Tulsa mayor rescinds curfew



The Oklahoma Supreme Court on Friday ruled that President Trump’s upcoming rally in Tulsa can go ahead as planned despite concerns about coronavirus -- just as Trump announced that a curfew in the city had been lifted for the rally.
“I just spoke to the highly respected Mayor of Tulsa, G.T. Bynum, who informed me there will be no curfew tonight or tomorrow for our many supporters attending the #MAGA Rally. Enjoy yourselves - thank you to Mayor Bynum!” the president tweeted.
Bynum on Friday issued a statement and said he was "told the curfew is no longer necessary."
"Last night, I enacted a curfew at the request of Tulsa Police Chief Wendell Franklin, following consultation with the United States Secret Service based on intelligence they had received,” he said in a news release, the Tulsa World reported. “Today, we were told the curfew is no longer necessary so I am rescinding it.”
Bynum, a Republican, had declared a civil emergency and announced a curfew near the arena where Trump plans to hold a campaign rally on Saturday.
Bynum, in his order, said “in the interest of national security” he would establish a “federal exclusion zone” in the vicinity of the rally. He cited “crowds in excess of 100,000” and opposition protests as well as recent “civil unrest” -- referring to protests in the wake of the death of George Floyd that in the early days escalated into looting and violence in some cities. Additionally, he had warned that he had information that organized groups known for violence were traveling to the city “for the purposes of causing unrest in and around the rally.”

"Is it me, or do we seem to have a problem with sculpture today? I don’t mean contemporary sculpture..."

"... whose fashionable stars (see Koons, Murakami et alia) pander to our appetite for spectacle and whatever’s new. I don’t mean ancient or even non-Western sculpture, either. I mean traditional European sculpture — celebrities like Bernini and Rodin aside — and American sculpture, too: the enormous universe of stuff we come across in churches and parks, at memorials and in museums like the Bode. The stuff Barnett Newman, the Abstract Expressionist painter, notoriously derided as objects we bump into when backing up to look at a painting.... [S]culpture skeptics from Leonardo through Hegel and Diderot have cultivated our prejudice against the medium. 'Carib art,' is how Baudelaire described sculpture, meaning that even the suavest, most sophisticated works of unearthly virtuosity by Enlightenment paragons like Canova and Thorvaldsen were tainted by the medium’s primitive, cultish origins. Racism notwithstanding, Baudelaire had a point. Sculpture does still bear something of the burden of its commemorative and didactic origins. It’s too literal, too direct, too steeped in religious ceremony and too complex for a historically amnesiac culture. We prefer the multicolored distractions of illusionism on flat surfaces, flickering in a movie theater or digitized on our laptops and smartphones, or painted on canvas. The marketplace ratifies our myopia, making headlines for megamillion-dollar sales of old master and Impressionist pictures but rarely for premodern sculptures...."

From an essay by Michael Kimmelman, published in the NYT in 2008, which I'm reading this morning because I blogged it at the time with my tag "sculpture" and I'm going through all my old posts with that tag looking for things that deserve my new tag "destruction of art."

The new tag is something I'd thought about creating for a very long time. I've been interested in violence directed at art much longer than I've been writing this blog — at least as far back as 1974 — but somehow my resistance to tag proliferation kept me from breaking this subtopic out of my generic topics "sculpture" and "art." There was also the "protest" tag. "Destruction of art" is (usually) a subtopic of that one too. But the pulling down of statues of Junipero Serra and Francis Scott Key — last night in San Francisco — finally dragged me over the line.

Speaking of Junipero Serra, I remember Richard Serra and his "Tilted Arc." I was one of the workers of lower Manhattan in the 1980s who rankled at the hostility the artist expressed toward mere pedestrians. I've written about that a few times. The people in the plaza have feelings and interests and may richly resent the impositions of artist ego and elitist civic pride. Once art is in place, it demands admiration, and what happens? It might be ignored — that's what Kimmelman fretted about — and it might be attacked — the present-day rage.

I'd like to look up what the "sculpture skeptics" — Leonardo, Hegel, Diderot, Baudelaire, et al. — had to say. Oddly, they — at least some of them — expressed racism. The sculpture skeptics of today style themselves as anti-racists. But there's resonance in Kimmelman's summary of the skepticism:
Sculpture does still bear something of the burden of its commemorative and didactic origins. It’s too literal, too direct, too steeped in religious ceremony and too complex for a historically amnesiac culture. We prefer the multicolored distractions of illusionism on flat surfaces, flickering in a movie theater or digitized on our laptops and smartphones, or painted on canvas. 
We — some of us — prefer the multicolored distractions of illusionism on the flat surface of the embedded video on Twitter as protesters drag down another stately chunk of metal. 

"Is support for free speech correlated with intelligence?/3 studies on that question all point to the answer: yes!"

My son John blogs.

"Respect/Empower/Include."

Murals on the boarded up windows of State Street, photographed today, in Madison, Wisconsin.

Madisonians in shorts trudge past a mural of Barack and Michelle Obama that is painted on the boarded-up window of Which Wich Superior Sandwiches:

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On the boarded-up window of the Madison Museum of Contemporary Art, a drooling troglodyte cop observes what might be a pile of burning doughnuts that give off smoke that reads — like a thought balloon — "Defund the Police":

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A longer view of the side of the museum featuring an ironic "Right turn only" sign:

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There's the notion that "being a revolutionary" has an element of being fun, loving, and beautiful:

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There's the grievance that you can't play your music really loud without people calling the cops:

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More Madisonians trudging along, this time past dripping letters that few will read, but I'm seeing "Tell the President/To prepare the bunker/When he flee/Because until we see/Justice you will/Never see peace!"

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"Yes, we can!" the old President says, as a waiter sets up an outdoor café table.

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"Of course they despise Washington. Notice the graffiti '1619' on the toppled statue...."

In all my sunrise runs on this path, I'd never seen a deer before, and today, suddenly, up ahead, there were 2...

They kept disappearing then reappearing at a later point, and I kept getting my camera out, then putting it away, concluding that they were gone for good, and then, finally, I caught one...

6C9F2617-DA16-472C-B2EE-F07914DF3B2D_1_201_a

"Bolton is extremely famous for his fervent hawkery, including on the Iraq war. If Trump bothered to do a cursory Google search on Bolton before appointing him..."

"... to the most powerful national security position in his administration, he’d have turned up headlines like 'John Bolton: No regrets about toppling Saddam.' Sadly, there was too much good stuff [on] television in the days leading up to Bolton’s nomination to do that search. Trump does not seem to realize how bad it makes him sound that he never bothered to ask what he later identified as the key question about the worldview of his own national security adviser."

From "Trump: I Didn’t Realize Bolton Supported Iraq War Until After I Hired Him" by Jonathan Chait (New York Magazine). Chait is reading the WSJ interview in which Trump says:
He had a lot of policy disputes, he and I. And after the first month or so, you know, I asked him one question. I said, “So, do you think you did the right thing by going into Iraq?” He said, “Yes.” And that’s when I lost him. And that was early on. That’s when I lost him. But no, I disagreed with much of the stuff he said. He was one of many people. I liked listening to many people, and then doing whatever is the right thing to do.

You didn’t ask him about Iraq before you brought him into the White House? If he regretted that?

No, but it didn’t … I knew all about his policy on Iraq. But that didn’t matter, frankly. Because he made a terrible mistake. And so did everybody else involved in Iraq and the Middle East, frankly. I never thought it was the right thing to do. And I’ve been proven right. But when he told me he still thinks it was the right thing to do, and was unable to explain it to me, I said, “Explain that to me, because I don’t think you can.’ And he could not explain it to me. So I said, “Do you say that just to make yourself feel good? Or do you say that because you really believe it?” He said, “I really believe it.” I said, “Well, then you’ve lost me because it’s just wrong.”...
[W]hen I asked him the question, so John, you were one of the people that were really pushing hard to go into the Middle East, to go into Iraq. Would you do it again? He said, Yes. And that’s where I said this guy is crazy.... I was talking to him. I said, So was that a mistake? I said, and it’s okay to admit you made a mistake, although that’s a big one. That’s a beauty. And I said, Do you think it was a mistake? And he said, No, I think it was the right thing to do. And I said, You know, you can’t explain that. You just can’t explain it.
Why didn't Trump ask Bolton before he was hired whether in retrospect he still thinks it was the right decision to go into Iraq?  Chait's answer is that that Trump is impulsive and reckless: He just didn't "bother." A more charitable reading of Trump — and I'm not saying the President deserves charity, just trying to balance things a little — is that he'd formed the opinion that everyone knows now that the Iraq War was a mistake. Trump was and is very proud of his opposition to the Iraq War, his astute perception from the beginning that it was a mistake. But he lacked the astute perception to see that there were still some people who believed the war was a good idea and to notice he was hiring one of those people.

You know this morning when I saw this tweet of Trump's...



... I was going to snark You knew he was a snake.... you know Trump and that song lyric he's recited many times about the woman who takes in and nurtures a snake that ultimately bites and kills her?
“Oh shut up, silly woman,” said the reptile with a grin

“You knew damn well I was a snake before you took me in
But I guess Trump didn't know Bolton was a snake.

"I did something good: I made Juneteenth very famous. It’s actually an important event, an important time. But nobody had ever heard of it."

Yes, Trump said that.*

Yes, it's hyperbole. The "nobody" is outrageous and false. It gets your attention, and it increases the power of his fame-making machine, further inflating the importance of Juneteenth, and further connecting it to Trump, where it never belonged before.

__________________

*Link goes to Jonathan Chait at NY Magazine, quoting this WSJ interview. Chait:
... Trump has caused more people to become aware of Juneteenth, just as he has caused more people to become aware of the 25th Amendment, the Emoluments Clause, narcissistic personality disorder, “democratic backsliding,” the two-thirds threshold required for impeachment, and other concepts that had largely been excluded from daily news coverage. This has not been an era of progress. But it has been a time of enlightenment.
What's "democratic backsliding"? I don't remember hearing that phrase before. I see it has a Wikipedia entry:
In political science, democratic backsliding, also known as democratic erosion or de-democratization, is a gradual decline in the quality of democracy.... Political scientist Nancy Bermeo has written that blatant forms of democratic backsliding such as classic, open-ended coups d'état and election-day fraud have declined since the end of the Cold War, while more subtle and "vexing" forms of backsliding have increased. The latter forms of backsliding entail the debilitation of democratic institutions from within....

Beginning in 2017, political scientists identified the United States under President Donald Trump as being in danger of democratic backsliding. In a 2019 journal article, political scientists Robert C. Lieberman, Suzanne Mettler, and others wrote that Trump's presidency presented a threat to the American democratic order because it simultaneously brought together three specific trends—"polarized two-party presidentialism; a polity fundamentally divided over membership and status in the political community, in ways structured by race and economic inequality; and the erosion of democratic norms"—for the first time in American history. Lieberman et al. noted that Trump has "repeatedly challenged the very legitimacy of the basic mechanics and norms of the American electoral process, invoking the specter of mass voter fraud, encouraging voter suppression, selectively attacking the Electoral College, and even threatening to disrupt the peaceful transfer of power" and noted that "Never in the modern era has a presidential candidate threatened to lock up his opponent; castigated people so publicly and repeatedly on the basis of their country of origin, religion, sex, disability, or military service record; or operated with no evident regard for facts or truth." In 2020, political scientists Alexander Cooley and Daniel Nexon, wrote that "the Trump administration has consistently de-emphasized the importance of human rights and democracy in its rhetoric and while adopting language and tropes similar to those of right-wing, illiberal movements." Colley and Nexon cited Trump's praise of autocratic rulers, his echoing of ethno-nationalist rhetoric, his efforts to deligitmize journalism and journalists as "fake news" and his policies erecting new barriers to refugees and asylum-seekers as similar to politics "found in backsliding regimes."

The 2019 annual democracy report of the V-Dem Institute at the University of Gothenburg found that the U.S. under Trump was among the world's liberal democracies experiencing "democratic erosion" (but not full-scale "democratic breakdown"). The report cited an increase in "polarization of society and disrespect in public deliberations" as well as Trump's attacks on the media and opposition and attempts to contain the judiciary and the legislation. The report concluded, however, that "American institutions appear to be withstanding these attempts to a significant degree," noting that Democrats had won a majority the House of Representatives in the 2018 midterm elections, which "seems to have reversed the trajectory of an increasingly unconstrained executive."

"Years ago, while working on a story for Rolling Stone about why so few white-collar offenders went to jail..."

"I realized I needed to better understand why the criminal-justice system worked with such monstrous efficiency to put poorer people in prison. What I thought would be a short detour to tackle that question ended up consuming five years, ending in two books about structural inequities in modern policing: The Divide, and I Can’t Breathe, the story of the brutal killing of Eric Garner on Staten Island. There are obvious similarities between the Garner case and that of George Floyd. Both victims were African American men in their forties, grandfathers trying to put troubled pasts behind them. Both were approached over minor offenses.... Both Garner and Floyd died of asphyxia from being sat or knelt upon by police officers with long abuse histories. In both cases, numerous other officers and/or medical personnel refused to stop this clear abuse, or even administer aid long after the suspect had been subdued and stopped breathing.... s I learned through years of talking to brutality victims and police alike, and by following cases like Garner’s through the courts, episodes like the Floyd killing happen thanks to a variety of interlocking bureaucratic and political imperatives. The individual racism of officers (and the structural racism underpinning police departments) is clearly a major part of the picture. But there are more immediately fixable problems at play as well. Here are four troubling logistical reasons these tragedies keep recurring...."

Writes Matt Taibbi in "Why Policing Is Broken/Years of research on brutality cases shows that bad incentives in politics and city bureaucracies are major drivers of police violence" (Rolling Stone). Read the whole thing. The 4 headings are "Time Works Against Victims," "Abuse Records Are Secret," "Juking the Stats," and "‘Law and Order’ Wins Votes."

"If the Chief Justice believes his political judgment is so exquisite, I invite him to resign, travel to Iowa, and get elected. I suspect voters will find his strange views no more compelling than do the principled justices on the Court."

Just a line from Tom Cotton I wanted to memorialize, quoted at Fox News.

It's of a piece with the sort of rhetoric about judges I've been reading for the last 50 years and more. I can't remember a time when I was able to understand anything about the Supreme Court when there wasn't a notion that what they are really doing is politics. And I saw "Impeach Earl Warren" billboards when I was first learning to read — back when I had no idea what "impeach" meant (something about a peach?) or who Earl Warren was.

So it's an old, old theme. But it plays well, and I think Tom Cotton found a spiffy way to do the phrasing. Instead of calling Roberts unprincipled, he points to the other justices — "the principled justices" — and imagines them finding the Chief's "views" "strange" and uncompelling. That's a nice variation on the theme.

And you've got to give Cotton credit for complexity. He addresses the Chief Justice and invites him to do something he's obviously not going to do, though it's more realistic and respectful than the common insults that tell people to do things — like go to hell or kiss my ass — that they're not going to do. "Invite" is polite, and running for President is very grand. But the idea is that if you ran for President with your agenda, you would lose. Cotton predicts the loss in an elegant comparison of voters to "principled justices," who, he suspects, would have the same low opinion of the Chief's ideas.

Now, the so-called "principled justices" oppose the Chief because he's finding something in the law that actually belongs in the political decisionmaking process, and if the Chief were to run for President, he would be taking these ideas to the place where the "principled justices" say they belong. So if the voters rejected these ideas, it would not be for the same reason the "principled justices" rejected them.

Ah! Now, I see the little flaw in Cotton's rhetoric! The only way the voters and the so-called "principled justices" could share the same opinion of the Chief Justice's "strange views" would be if the "principled justices" were thinking in political terms — in which case, they would be no more principled than the Chief Justice.

But if Tom Cotton is reading this — hi, Tom! — I know you already know how to get off that hook. You only said the voters and the "principled justices" would find the Chief's views to be equivalently compelling. It can still be the case that these views are not compelling in court, because they are not law but merely political, and that they are not compelling in the political arena, because people just don't like them.

"The 'blue wall' is reforming in the Rust Belt."

Writes Lara M. Brown, the director of the Graduate School of Political Management at George Washington University, in The Hill.
In 2016, President Trump broke through Hillary Clinton’s “blue wall.” He won three states that Democrats had carried since the 1980s: Pennsylvania, Michigan and Wisconsin....

[N]ow, less than four years later, all three of those states have shifted again and presumptive Democratic nominee Joe Biden is leading Trump....

According to Pew Research Center’s analysis of the exit polls, [Hillary Clinton] earned only 37 percent of the white Catholic vote.... As poorly as Clinton did, the largest percentage point decrease for a Democratic candidate occurred between 2008 and 2012, which suggests that white Catholics had “soured” on Obama’s presidency before Trump declared for the presidency. Clinton should have seen this coming...

While it remains unlikely that Biden, a Catholic, will be able to pull a majority of white Catholics towards the Democratic Party in November, were he to garner 45 percent of their votes, it seems likely that Pennsylvania, Michigan and Wisconsin will again be colored blue....

The wall that Trump may have erected by November is not along the country’s southern border, but a blue one across the Rust Belt.
First, "were he to garner 45 percent of their votes" — I just have to note the use of that word, "garner."

Second, I've said it before, and sometimes I think I'm the only one who feels this way, but "Rust Belt" is an offensive term. On November 9, 2016, I wrote:

Suddenly, the place where I live isn't called the "Blue Wall" or the "Fire Wall" anymore. It's: "Rust Belt."

When we ceased to operate to generate power for the Democratic Party, it was back to the old insult.

If you call us the "Rust Belt," you are saying our time has passed, that we once prospered because there was manufacturing, but it's gone and it's not coming back. That's not what Donald Trump said to us when he campaigned through the Midwest in 2016. Where is the optimism?

"White fragility is the sort of powerful notion that, once articulated, becomes easily recognizable and widely applicable.... But stare at it a little longer..."

"... and one realizes how slippery it is, too. As defined by [author of 'White Fragility' Robin] DiAngelo, white fragility is irrefutable; any alternative perspective or counterargument is defeated by the concept itself. Either white people admit their inherent and unending racism and vow to work on their white fragility, in which case DiAngelo was correct in her assessment, or they resist such categorizations or question the interpretation of a particular incident, in which case they are only proving her point. Any dissent from 'White Fragility' is itself white fragility. From such circular logic do thought leaders and bestsellers arise. This book exists for white readers. 'I am white and am addressing a common white dynamic,' DiAngelo explains. 'I am mainly writing to a white audience; when I use the terms us and we, I am referring to the white collective.' It is always a collective, because DiAngelo regards individualism as an insidious ideology. 'White people do not exist outside the system of white supremacy,' DiAngelo writes, a system 'we either are unaware of or can never admit to ourselves.'... Progressive whites, those who consider themselves attuned to racial justice, are not exempt from DiAngelo’s analysis. If anything, they are more susceptible to it. 'I believe that white progressives cause the most daily damage to people of color,' she writes. '[T]o the degree that we think we have arrived, we will put our energy into making sure that others see us as having arrived...'... It is a bleak view, one in which all political and moral beliefs are reduced to posturing and hypocrisy...."

Writes Carlos Lozada in "White fragility is real. But ‘White Fragility’ is flawed," reviewing the book "WHITE FRAGILITY: Why It’s So Hard for White People to Talk About Racism" in The Washington Post.

"America must seize on the moment and I truly believe — as I actually told the VP last night when I called him — that I think this is a moment to put a woman of color on that ticket."

Said Amy Klobuchar, who says she called Biden on Wednesday to tell him she was withdrawing from competition for the VP slot, NBC News reports.

I think we all already knew her chance was blown:
In the immediate aftermath of Floyd’s killing, Klobuchar’s time as chief prosecutor for Hennepin County came back under scrutiny, specifically the lack of prosecutions she pursued in cases of police brutality....

Asked if those questions about her past record on police brutality would have made it harder for her in the role of vice presidential nominee, Klobuchar said Thursday: "I think I could've functioned fine and there's a lot of untruths out there about my record and now is not the time to debate those."
So what I hear in her effort at a high-minded statement is an undercutting of the other women who are in the running. First, Elizabeth Warren — who is not a woman of color except in her memory of younger days when family lore and a desire to identify were enough. Why step on her chances, Amy? Second, all the various black women who are in the running. Amy is ensuring that when one of them is picked, everyone will believe they were picked because of their race.

At the Sunrise Café...

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... you can write about anything you want.

Meade took this picture of me looking at the sunrise at 5:24.

And let me remind you about the Althouse Portal to Amazon.

I told you I was going to do something today that I've never done before.



I shot a gun!

"Trump Can’t Immediately End DACA, Supreme Court Rules."

The NYT reports.
Chief Justice John G. Roberts Jr. wrote the majority opinion, joined by the court’s four more liberal members in upholding the program, Deferred Action for Childhood Arrivals, or DACA.

“We do not decide whether DACA or its rescission are sound policies,” the chief justice wrote. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”...  Chief Justice Roberts... said the administration may try again to provide adequate reasons for shutting down the program....

In a dissent, Justice Clarence Thomas, joined by Justices Samuel A. Alito and Neil M. Gorsuch, said the majority had been swayed by sympathy and politics. 'Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision,' Justice Thomas wrote. The court could have made clear that the solution respondents seek must come from the legislative branch. In doing so.... it has given the green light for future political battles to be fought in this court rather than where they rightfully belong — the political branches."

"Facebook on Thursday said it had take action against ads run by President Trump's re-election campaign for breaching its policies on hate."

"The ads, which attacked what the Trump campaign described as "Dangerous MOBS of far-left groups," featured an upside-down triangle. The Anti-Defamation League said Thursday the triangle 'is practically identical to that used by the Nazi regime to classify political prisoners in concentration camps.' 'We removed these posts and ads for violating our policy against organized hate. Our policy prohibits using a banned hate group's symbol to identify political prisoners without the context that condemns or discusses the symbol,' Andy Stone, a Facebook spokesperson, told CNN Business. The ads targeted the far left group Antifa, calling on Trump supporters to back the President's calls to designate the group a terrorist organization."

CNN Business Reports.

John Bolton's book "has been written with so little discernible attention to style and narrative form that he apparently presumes an audience that is hanging on his every word."

According to the review in the NYT, written by Jennifer Szalai.
... Bolton has filled this book’s nearly 500 pages with minute and often extraneous details, including the time and length of routine meetings and even, at one point, a nap. Underneath it all courses a festering obsession with his enemies, both abroad (Iran, North Korea) and at home (the media, “the High-Minded,” the former defense secretary Jim Mattis). The book is bloated with self-importance, even though what it mostly recounts is Bolton not being able to accomplish very much. It toggles between two discordant registers: exceedingly tedious and slightly unhinged....

In another book by another writer, such anecdotes might land with a stunning force, but Bolton fails to present them that way, leaving them to swim in a stew of superfluous detail. Besides, the moment he cites as the real “turning point” for him in the administration had to do with an attack on Iran that, to Bolton’s abject disappointment, didn’t happen....

... Trump decided to call off the strikes at the very last minute, after learning they would kill as many as 150 people. “Too many body bags,” Trump told him. “Not proportionate.” Bolton still seems incensed at this unexpected display of caution and humanity on the part of Trump, deeming it “the most irrational thing I ever witnessed any President do.”...

[H]is chapter on Ukraine is weird, circuitous and generally confounding. It’s full of his usual small-bore detail, but on the bigger, more pointed questions, the sentences get windy and conspicuously opaque.... ... Bolton — known for what a 2019 profile in The New Yorker called his “tremendous powers of recall” — said it was too much for him to fully understand....

It’s a strange experience reading a book that begins with repeated salvos about “the intellectually lazy” by an author who refuses to think through anything very hard himself.

5:22 a.m.

IMG_6687

That's today, the 9th of the 10 days with the earliest sunrise time, 5:17.

I was there at 5:17, but the sun had not yet broken over the shoreline.

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I don't have a view of the horizon. The first direct bit of sun became visible at 5:20:

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You see why I picked 5:22 as the best. It wasn't because I was 5 minutes "late." I wasn't late! Were you?

I'm going to do something today that I've never done before.

Try to guess. If you begin with "I hope it's..." I predict somebody will get it quickly.

IN THE COMMENTS: The second commenter, Rockeye said:
Going shooting. A boy can hope.
That's the answer. I shot a gun!

I had 2 hours of training and practice at shooting range.

AND: Here's my new post with video.

"I admit to having a complicated relationship with Aunt Jemima... For a period of time in the late 1940s and early 1950s, my grandmother, Ione Brown..."

"... was part of an army of women who worked as traveling Aunt Jemimas, visiting small-town fairs and rotary-club breakfasts to conduct pancake-making demonstrations at a time when the notion of ready-mix convenience cooking was new. I never knew about my grandmother’s work until long after she died... [W]hile researching a family memoir... I learned that she made good money and covered a region including Iowa, the Dakotas, Michigan, Wisconsin and Minnesota. She was often treated like a celebrity in small towns, but could not stay in local hotels. She kept an eye out for houses that had a small sign in the window that said 'TOURIST,' a code for homes that provided lodging and meals to black people.... As a family, we are offended by the caricature that Aunt Jemima represents, but deeply proud of the way my grandmother used the stage that was available to lift herself up. You see, in those days Aunt Jemima didn’t look like the lady you see on the box today. She was a slave woman, and Ione was expected to act and talk like a slave woman, using the kind of broken patois that blighted the full-page ads in magazines like Women’s Day and Life.... One of the things that irks me most about the Jemima brand is the way the mammy stereotype hijacked what should be an endearing image for black America and tried to turn it into something toxic. Most of us have someone in our family with fleshy arms and a loving smile who serves up cherished advice along with delicious food. They are our aunts and mothers and grandmothers. Our godmothers. Our queens.
You tried to make us ashamed of what Aunt Jemima stood for."

From "Why did it take so long to set Aunt Jemima free?" by Michele L. Norris (WaPo). (Quaker Foods announced that it is retiring the Aunt Jemima brand because to "make progress toward racial equality.")

ADDED: At the NY Post, I'm seeing "After Aunt Jemima, people call to cancel Uncle Ben’s and Mrs. Butterworth’s." I understand about Uncle Ben, but Mrs. Butterworth? I've never perceived Mrs. Butterworth as black.
The syrup, sold in a matronly woman-shaped bottle, is accused of being rooted in mammy culture and was modeled after the body of Thelma “Butterfly” McQueen, the black actress who played Prissy in “Gone With The Wind.” The Jim Crow-era “mammy” character was often used to show that black women were happy working in white households....
That's news to me. I looked up Mrs. Butterworth on Wikipedia and it did not contain that information. I did learn that the voice for the character was done by Mary Kay Bergman, who looked like this:
"Her parents were Jewish," and she died by suicide at the age of 38 in 1999. She was the original lead female voice on "South Park."
Her characters included Liane Cartman, Sheila Broflovski, Shelly Marsh, Sharon Marsh, Carol McCormick and Wendy Testaburger.... Bergman credited South Park for pulling her out of a typecasting rut. 'I'm known for these sweet, cute little characters,' she said, noting her roles in various Disney films. "So I've been doing them forever. My agents were trying to submit me on shows that are edgy, and they're laughing, 'Mary Kay, are you kidding? No way!'" After Bergman's death, the two episodes "Starvin' Marvin in Space" (the final episode for which she recorded original dialogue) and "Mr. Hankey's Christmas Classics" (the final episode in which her voice was used via archive footage) were dedicated in her memory.
No comment on the role of Starvin' Marvin and Mr. Hankey in the quest for progress toward racial equality. RIP Mary Kay Bergman. Watch this (it's phenomenal):



Mrs. Butterworth voice at 1:11.

ADDED: Norris writes that her grandmother, in the role of Aunt Jemima had to use a "kind of broken patois." And I see in the comments that David Begley is asking, "Just asking, but isn’t 'broken patois' the language of today’s rap music?" Which makes me wonder, what's wrong with a patois? To answer my own question, I naturally look up "patois" in the OED.

I see that it's "dialect spoken by the people of a particular region (esp. of France or French-speaking Switzerland), and differing substantially from the standard written language of the country" or — and this is "frequently depreciative" — "a regional dialect; a variety of language specific to a particular area, nationality, etc., which is considered to differ from the standard or orthodox version."

I was intrigued by this example from "The Sheltering Sky" by Paul Bowles (who was born in New York City):
Then he remembered having heard that Americans did not speak English in any case, that they had a patois which only they could understand among themselves. The most unpleasant part of the situation to him was the fact that he would be in bed, while the American would be free to roam about the room, would enjoy all the advantages, physical and moral.

"As the book nears publication and details spill out, many congressional Democrats quickly assailed Mr. Bolton for not telling his story during the impeachment proceedings and instead saving it for his $2 million book."

"Mr. Bolton explains his position in the epilogue, saying he wanted to wait to see if a judge would order one of his deputies to testify over White House objections. Once the House impeached Mr. Trump over the Ukraine matter, Mr. Bolton volunteered to testify in the Senate trial that followed if subpoenaed. But Senate Republicans voted to block new testimony by him and any other witnesses even after The New York Times reported that his forthcoming book would confirm the quid pro quo. Some of those Republican senators said that even if Mr. Bolton was correct, it would not be enough in their minds to make Mr. Trump the first president in American history convicted and removed from office. Mr. Bolton blames House Democrats for being in a rush rather than waiting for the court system to rule on whether witnesses like him should testify, and he faults them for narrowing their inquiry to just the Ukraine matter rather than building a broader case with more examples of misconduct by the president. 'Had a Senate majority agreed to call witnesses and had I testified, I am convinced, given the environment then existing because of the House’s impeachment malpractice, that it would have made no significant difference in the Senate outcome,' he writes."
From "Five Takeaways From John Bolton’s Memoir 'The Room Where It Happened' describes Mr. Bolton’s 17 turbulent months at President Trump’s side through a multitude of crises and foreign policy challenges" by Peter Baker (NYT).

ADDED:

"Hours after the Fulton County district attorney announced felony murder and other charges against the former Atlanta police officer who fatally shot Rayshard Brooks... a number of Atlanta police officers called in sick just before a shift change Wednesday evening."

"The city was left scrambling to cover absences as the Atlanta Police Department tried to tamp down rumors of a mass police walkout that spread widely on social media.... 'We do have enough officers to cover us through the night,' Mayor Keisha Lance Bottoms (D) told CNN. 'Our streets won’t be any less safe because of the number of officers who called out.'... 'This is not an organized thing, it’s not a blue flu, it’s not a strike, it’s nothing like that,' Vince Champion, a spokesman for the International Brotherhood of Police Officers, told NBC News. 'What it actually is is officers protesting that they’ve had enough and they don’t want to deal with it any longer.'... Champion added that many officers felt prosecutors had not publicly shared sufficient evidence to back up the charges leveled against Rolfe, in part because the district attorney only released a video still that appears to show the former officer kick Brooks rather than the full video itself.... Although the quick action in Atlanta has been praised by civil rights advocates and hailed as a victory for activists, some in the police department have decried the quick process. Bottoms said that morale in Atlanta’s police department was at a low.... 'The thing that I’m most concerned about is how we repair the morale in our police department,” Bottoms.... 'and how do we ensure our communities are safe as they interact with our police officers.'"

WaPo reports.

In the comments over there, somebody says:
They harassed the guy for 45 minutes and when he panicked and grabbed their taser, they shot him when he was running away. Then kicked him. Sorry guys, if you think that's what policing is, you should be calling in sick.

Why do these cops think someone like Dylann Roof should be gently apprehended (and given a cheeseburger) but a black guy should be harassed? And that he isn't expected to panic? And that those cops couldn't let him run, and go after him later?
That draws this sarcasm:
Cops should wait until 0.1 milliseconds before the stun gun barb pierces the cornea of the eyeball before shooting the perpetrator in the kneecap of their non-dominant leg to slow him down and then snuggle him into compliance.

"Reading Justice Gorsuch’s Bostock opinion, I was thrown back to the summer of 2017, when I found myself in a social gathering of a half dozen fellow progressives and one prominent conservative lawyer..."

"... with whom we were all friendly. It was a civil but increasingly pointed conversation as we pressed the lawyer, first gently and then more firmly, on whether he actually supported the Muslim travel ban and other actions of the Trump administration’s opening months that troubled the rest of us. He took the bait in good humor but finally, all but throwing up his hands, he cut the conversation off. 'Look,' he said. 'We got Gorsuch.' Yes, we did."

Writes Linda Greenhouse in "What Does ‘Sex’ Mean? The Supreme Court Answers/We’ll soon find out whether the court inflames the culture wars or cools them as its term winds down" (NYT).

The top-rated comment over there:
Forgive my cynicism, but I suspect that Roberts, being acutely aware of how politically biased his court appears, decided to select this case as a means of deflecting attention from the flood of conservative opinions yet to come. Having determined that they already lost the culture war on LGBT equality, they tossed progressives this bone, fully prepared to nullify it with a decision that it can be ignored by people with "sincerely held beliefs." They will point to this case as evidence of their neutrality.

At the Pre-Dawn Café...

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... you can write about whatever you want.

The photo was taken at 5:10 a.m. today, the 8th of the 10 days when the sun rises at 5:17, the earliest sunrise time of the year.

And please remember to use the Althouse Portal when you need to do some Amazon shopping. I really appreciate your support for this blog.

"Unlike many artists who reacted to the pandemic with a kind of dutiful tenderness—'Let me help with my song!'—Dylan has decided not to offer comfort, nor to hint at some vague solidarity."

"Lyrically, he’s either cracking weird jokes ('I’ll take the "Scarface" Pacino and the "Godfather" Brando / Mix ’em up in a tank and get a robot commando') or operating in a cold, disdainful, it-ain’t-me-babe mode.... Dylan is a voracious student of United States history—he can, and often does, itemize the various atrocities that have been committed in service to country—and 'Rough and Rowdy Ways' could be understood as a glib summation of America’s outlaw origins, and of the confused, dangerous, and often haphazard way that we preserve democracy. He seems to understand instinctively that American history is not a series of fixed points but an unmoored and constantly evolving idea that needs to be reëstablished each day—things don’t happen once and then stop happening. In this sense, linear time becomes an invention; every moment is this moment.... [F]or me, Dylan’s vast and intersectional understanding of the American mythos feels so plainly and uniquely relevant to the grimness and magnitude of these past few months. As the country attempts to metabolize the murder of George Floyd, it is also attempting to reckon with every crooked, brutal, odious, or unjust murder of a black person—to understand a cycle that began centuries ago and somehow continues apace. What is American racism? It’s everything, Dylan insists. Indiana Jones and J.F.K. and Elvis Presley and Jimmy Reed—nothing exists without the rest of it. None of us are absolved, and none of us are spared."

You can tell by the diaeresis in "reëstablished" that it's The New Yorker. Amanda Petrusich reviews Bob Dylan's new album, "Rough and Rowdy Ways," which will be released on Friday.

Petrusich sure is putting a lot of her own clunky words into Bob Dylan's mouth. She's insisting that he's insisting — insisting that everything is American racism. Why would you go and assume that what he's saying is what you're fired up to think everybody is supposed to be saying right now?

She did say "for me." You can listen to whatever you want any way you want.

"With the slogan 'Silence is Violence' being used at the law school, there will be enormous pressure for student groups to go along. Not to do so would be deemed an act of 'violence.'"

Writes Professor William Jacobson about an effort by some students at Cornell Law School to get student groups to sign a letter that seems — I don't have access to the letter — to be accusing Jacobson of racism and urging students to boycott his classes.
This is an attempt not just to scare students away from my course, but to scare students away from speaking their minds, and to create a faculty and student purity test.

I have received numerous emails from students telling me I have a lot of “quiet” support at the law school, but that students are afraid to speak out for fear of career-ending false accusations of racism....

This toxic atmosphere didn’t need to take place. At a time when the law school desperately needs an adult in the room, so to speak, we have faculty and a Dean who denounce me.

Can the cop cry?

"Scroll casually through your platform of choice and you’ll see kids. Kids protesting on Pinterest; kids posing on Instagram..."

"... kids socially distanced proms and graduations on Facebook. Kids of people you know I.R.L. and kids of people you don’t. Kids who most likely haven’t given their permission for you and me to see them or who have simply accepted this exposure as part of modern life. Every time we post a picture, we’re telling a story, crafting the myth of our own life. Images of our children become part of that mythology. A shot of kids frolicking on the beach or posing at Disney World tells a story about prosperity, happiness and ease. A photo of well-scrubbed kids on the first day of school says My children are thriving. I’m a good mom.... When my older daughter and blogs were both in their infancy, I posted pictures of my new baby and wrote about new motherhood. I found community and support from other new mothers. But as my daughter got older, as she went from a sleeping, pooping blob to an actual person, and as the world soured on so-called mommy blogging, the sharing got harder to justify. After all, my daughter had never consented to appearing on my blog. How would she feel when she got old enough to Google and discovered her entire life online?"

Writes Jennifer Weiner in "Should Any Parents Be Instagramming Their Kids?/Sure, those of us who do may not all be Myka Stauffers. But we’re all selling some kind of story about ourselves, and using our children to do so" (NYT).

Should have?

I'm giving this my "Althouse the pedant" tag, so stop now if you don't like where this is going. I'm reading the headline at The Washington Post, "Why Scalia should have loved the Supreme Court’s Title VII decision."

The man is dead. There's NOTHING he should have done.

Why not say "Why Scalia would have loved the Supreme Court’s Title VII decision"? I think I know why. The article is by George Conway. It's in WaPo. I'm going to say: They don't want to concede that Scalia would have joined the majority in this case, that he would have stuck to his principles (and that this case was truly an instance where these principles dictated the outcome the majority reached).