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“Dane Cook with a better vocabulary and an accent.”

[ 55 ] October 22, 2014 |

Let’s just say that when Russell Brand briefly had that dreadful show that followed up Louie — come back Colin Quinn, all is forgiven — his choice of sidekick was Hank Kinsgley Mr. Matt Stoller.

Ben Bradlee

[ 21 ] October 22, 2014 |

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R.I.P.

Royal Series

[ 35 ] October 21, 2014 |

lorde-kansas-city-royals-george-brett-signed-jersey

Really good fan’s perspective from Rany Jazayerli, especially the risk you know going in that this could be like the ’07 Rockies. I’ll be rooting for KC, but above all it would be nice to have a series that isn’t over quickly.

On the other side, Jonah’s piece on Bruce Bochy is excellent. As he says, the Jaffe/Birnbaum data established him as a first-rate manager even in San Diego, and he’s done a terrific job with the Giants.

…James Shields’s parents should have given him a name that kind of rhymes with “perfectly decent #2 starter.”

Area Hack Pundit Attempts to Defend GOP Vote Suppression, Makes Most Ridiculous Argument Ever

[ 117 ] October 21, 2014 |

Shorter verbatim John Fund: “There’s no doubt that many people in our increasingly mobile and hectic society want voting to be as easy and convenient as buying fast food. But too much of anything can be bad — just ask someone who has gorged on drive-thru burgers and fries.”

Admittedly, Fund drew the short straw on this; attempts to stop or roll back early voting lack even the pretense of a non-partisan justification that other Republican vote suppression efforts have. Still, you’d think someone in Fund’s pay grade could up with something just a tad less transparently self-refuting than “voting on a Sunday is like eating 8 Double Quarter Pounders in one sitting!” The bullshitting about a single election day being “in the Constitution” is a little better, but really.

Your Point Being?

[ 31 ] October 21, 2014 |

A Heritage Foundation hack has taken time off from crafting Democratic health care policy to point out the horrors of Obama’s nominee to head the Justice Department’s Civil Rights Division discussing the War on (Some Classes of People Who Use Some) Drugs:

To begin, she believes that the misnamed war on drugs “is an atrocity and that it must be stopped.” She has written that the war on drugs has been a “war on communities of color” and that the “racial disparities are staggering.” As the reliably-liberal Huffington Post proclaimed, she would be one of the most liberal nominees in the Obama administration.

Pointing out the racial disparities of the drug war — facts you do not actually dispute — makes Gupta the real racist or something. As Serwer shorters it:

Not Even Casey Is As Bad As the 5th Circuit Thinks

[ 14 ] October 21, 2014 |

As Anderson noted in comments recently, Judge Dennis’s dissent from the 5th Circuit’s denial of an en banc hearing of its opinion allowing Texas to force most of the state’s abortion clinics to close without any legitimate independent justification is very good:

In upholding Texas’s unconstitutional admitting-privileges requirement for abortion providers and medication-abortion restrictions, the panel opinion flouts the Supreme Court’s decision in Planned Parenthood of Southeastern Pennsylvania. v. Casey by refusing to apply the undue burden standard expressly required by Casey. Instead, the panel applied what effectively amounts to a rational basis test — a standard rejected by Casey — under the guise of applying the undue burden standard. The panel’s assertion that it applies Casey is false because it does not assess the strength of the state’s justifications for the restrictive abortion laws or weigh them against the obstacles the laws place in the path of women seeking abortions, as required by Casey. A correct application of the Casey undue burden standard would require that the admitting – privileges provision and medication – abortion restrictions be stricken as undue burdens because the significant obstacles those legal restrictions place in the way of women’s rights to previability abortions clearly outweigh the strength of their purported justifications.

If not overruled, the panel’s sham undue burden test will continue to exert its precedential force in courts’ review of challenges to similar types of recently minted abortion restrictions in Texas, Louisiana, and Mississippi.”

Certainly, the history of Casey has shown the vast inferiority of the “undue burden” test compared to Roe’s strict scrutiny test. Nevertheless, despite its vagueness it has to mean a higher standard of scrutiny than rational basis, and the Texas statute could not survive any scrutiny more heightened than the rational basis the 5CA panel applied in practice. The panel acted as if the rational basis test Rehnquist tried to replace Roe with in his throw-Roe-from-the-caboose draft in Webster, and not Casey, was the controlling precedent. I fear that Kennedy might be headed in this direction, but at he very least 5CA can’t do it before he does.

The Principles of John Roberts

[ 5 ] October 21, 2014 |

You might think that the fact that the Supreme Court is willing to allow Texas to conduct an election with a racially discriminatory poll tax reflects a complete disinterest unwillingness* to intervene in the electoral process. Of course, this is not exactly true:

There is no right more basic in our democracy than the right to participate in electing our political leaders,” Chief Justice John G. Roberts Jr. wrote in April.

Roberts spoke then for the court’s conservative majority in striking down part of a federal election law so as to allow a wealthy Republican businessman from Alabama to give more money to candidates across the country.

The contribution limit restricted the donor’s free speech, Roberts concluded, and the Constitution requires the court to err on the side of safeguarding that cherished 1st Amendment protection.

But the right to vote, which is the way most Americans participate in a democracy, has gotten far less protection from the Supreme Court under Roberts.

There is no starker example than the high court’s order early Saturday allowing Texas to enforce a new photo identification law that a federal judge had blocked earlier this month after deciding the law would prevent as many as 5% of the state’s registered voters, or 600,000 people in all, from casting a ballot.

Fortunately, the law in its majestic equality permits rich and poor alike to donate great sums of money to political campaigns, which will surely be a consolation to the disenfranchised.

*As Jacob Levy noted on the tweeter, this is a misuse of the word, a misusage I particularly regret in the context of discussing the Roberts Court and voting rights.

A Movement For Everyone: Alcoholics, the Unemployable, Angry Loners…

[ 259 ] October 20, 2014 |

and now come the grifters. It’s just amazing how important an issue ethics in gaming journalism* has gotten!

*Note: underlying “scandal” unlikely to contain any actual evidence even of unethical journalistic behaviors, although it might involve interminable screeds about how someone you don’t know allegedly cheated on someone you don’t know, and the next person to coherently explain why anyone else should give a rat’s ass will be the first.

“There Are Too Many Federal Regulations Nowadays. Please Eliminate Many At Random. I Am Not A Crackpot.”

[ 9 ] October 20, 2014 |

Janice Rogers Brown strikes again.

Today In the Party of Lincoln Becoming the Party of Calhoun

[ 27 ] October 20, 2014 |

The Supreme Court has allowed Texas conduct its midterm elections with a patently unconstitutional election statute:

The fact that Texas’ law is unconstitutional twice over — both by being racially discriminatory and imposing a direct cost on voting — is not a coincidence. Even after racial discrimination in voting was made illegal by the Fifteenth Amendment, for nearly a century states were able to use formally race-neutral measures like poll taxes and literacy tests to disenfranchise minority voters. The Texas law is very much part of this long and ignoble tradition.

Unfortunately, the Supreme Court’s decisions in 2013 and 2014 allowing the Texas law to go into effect are part of another long and ignoble tradition: the Supreme Court collaborating with state governments to suppress the vote rather than protecting minorities against discrimination. As long as Republican nominees control the Supreme Court, this problem is likely to get worse before it gets better.

MLB’s Disgrace

[ 33 ] October 20, 2014 |

The winner-take-all economy:

The LumberKings, named for the millionaire timber barons who once ran this town, are the Class-A affiliate of the Seattle Mariners, who, like every other major-league team, pay their A-level minor leaguers roughly $6,300 for the five-month season — about two-thirds what Jose Bautista makes per inning.

Players in the NBA’s affiliated minor leagues make three to five times as much, while the NHL’s unionized minor leaguers can earn even more, with greater benefits to boot. (The NFL doesn’t have an affiliated minor league.)

Minor-league baseball players regularly work 60- to 70-hour weeks with only two or three days off a month, but they get no overtime pay. They receive only a $25 meal per diem — no salary — for the mandatory four to six weeks of spring training. Same goes for any instructional leagues they may be required to attend when their 140-game schedule ends.

Players are required to pay $5 per day in clubhouse dues for each home game

A handful of players receive six-figure signing bonuses in their first year, but many sign for $5,000 or less. So most players earn less than the federal U.S. poverty line, which in 2014 is an annual income of $11,670 for a single-person household.

Another consequence of the unfree minors…

Dear Massachusetts Democrats

[ 88 ] October 19, 2014 |

There are too many Martha Coakleys being nominated for high-profile electoral positions nowadays. Please stop nominating one. I am not a crackpot.

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