Category Archives: The Nation

Thank you, John Adams (Jefferson, too)

On this day — two days later than the day he thought we would celebrate — I like to remind my fellow countrymen that John Adams deserves more credit for the fact of independence than Thomas Jefferson.

Give Jefferson credit for being on the right side. Give him great credit for his talent with words. I place great store upon words, as they have been and are a great source of my living, and I love them. Adams himself recognized Jefferson’s ability in that area, and suggested that he be the one to write out the resolution that had already been decided upon.

But the really hard work had been in bringing the representatives of the 13 colonies to the point of deciding upon independence (a vote dramatized in the clip below). And the man who worked hardest, who poured out his energy in arguing and debating, and pushed and pulled and harried fainter hearts into taking this irrevocable step, was John Adams. Jefferson did not speak during the debates.

Give both men credit for their tremendous, very different, contributions to the establishment of this country. They both meant so much to this young republic, and it meant so much to them. They both died, far apart, on the Fourth of July 50 years later. Their lives were entirely wrapped up in what that celebration was and is all about. But I stress Adams more on this day because, starting in his own lifetime, he was never as recognized for his contribution as Jefferson was for his. And it grieved him.

So on this day, I take particular care to celebrate John Adams.

Inez confirmed

Here’s another scoop (to follow my earlier one on Twitter today about Lourie’s being sold): Inez Tenenbaum has been confirmed to head the Consumer Product Safety Commission.

Lindsey Graham had this to say:

“I’m pleased the Senate has acted quickly on the nomination and confirmed her to this important position. I know Inez and am confident she will hit the ground running. She will look out for American consumers and provide the agency with the leadership it needs.

“I also want to thank President Obama. He made an outstanding selection in choosing Inez Tenenbaum for this job.”

I’ll add my own “Thank you, Mr. President” to that. Good one there.

Stay tuned to bradwarthen.com, always first with the burst, and on the spot while it’s hot. Etc. (I stole those zippy taglines from Heinlein, by the way — in the interests of full disclosure.)

Totally apart from the fact that Samuel and Inez are friends of mine, her quick approval is a feel-good story all around. She’s a positive, capable person whose admirable qualities easily overrode partisan considerations, and that is something to celebrate.

Wednesday’s top stories

So where was my virtual front page Tuesday? Hey, I’m not getting paid to do this, so get offa my back! Be grateful for what I give you.

Harrumph. You may now join me in harrumphing. Harrumph, harrumph. (I didn’t get a ‘harrumph’ outta that guy…”)

Where was I? Oh, yes, today’s virtual front page:

National/International

  1. Lede: Obama Would Take Bigger Role in Markets — OK, this is not a perfect “Buzz” lede because it didn’t quite HAPPEN, but the event was the president proposing it. And it’s more important than the gay benefits thing, and more new than the  continuing Iran story. And nothing local or state was really lede-worthy.
  2. Iran Regime Cracking Down — Continued post-election strife in Iran. Look for a sidebar to go with it. Lots to inform readers about here.
  3. U.S. to Extend Gay Benefits — Just another turn in the screw of the Kulturkampf, but a fairly significant one.

Local/State

  1. Handcuffed Tax Study Commission Created — OK, so I threw in an editorial modifier there. The thing is, you sort of need that to see why what happened is important. Two things were essential to making it possible for comprehensive tax reform to happen: There must be no sacred cows, and the Legislature must have a straight up-or-down vote on the final result — no tinkering. That’s the only way anything could pass that would really clean up the tax code. So what did they do? They passed a bill that walled off as sacred the biggest, baddest immediate problem in our tax system — the 2006 property/sales tax swap. (This demonstrates why a commission is needed, because the Legislature itself is too invested in bad policies it created.) Whether they required an up-or-down vote, I could not learn from the coverage I saw.
  2. Vetoes sidebar — The XGR (that’s wire-service jargon for “legislature,” by the way) overrode all 10 of the governor’s vetoes. But that’s pretty much a dog-bites-man story now, isn’t it?
  3. Tenenbaum Draws Bipartisan Praise — This good-news story (anytime you can document bipartisan consensus, it’s good news) is one where local and national intersect.

Hearing goes well for Inez

Got this report from Samuel T. about his bride:

Inez had her Hearing this morning. It was a love-in by both sides ! You often do not see this!!! History is thus made ! Now they have to confirm her which could be a week or two ? Then you can feel safe again !!! You all can call our two Senators and thank them for supporting Inez.

It has really been nice to see the level of support for her from our state’s two GOP senators. I wrote previously about the handsome things Jim DeMint had to say, and today there was this release from Lindsey Graham:

Graham Introduces Inez Tenenbaum at Senate Confirmation Hearing

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on Inez Tenenbaum’s nomination to serve as Chair of the Consumer Product Safety Commission (CPSC).  Graham introduced Tenenbaum at a Senate Commerce Committee hearing this morning in Washington.

“American consumers will be in good hands with Inez Tenenbaum at the helm of the Consumer Product Safety Commission.  She has a wealth of executive experience and has been intimately involved in consumer advocacy issues as an attorney.

“The Chairman of CPSC holds the public trust and I could not think of a better person to hold this position.  Inez is someone everyone respects, whether you agree with her or not.  She will look out for American consumers and provide the agency with the leadership it needs.

“It is a big honor for South Carolina to have her nominated for this position.  President Obama has made an outstanding selection in nominating Inez Tenenbaum and I look forward to seeing her confirmed by the Senate.”

####

It’s good to see South Carolinians sticking together. Of course, Inez is a super-capable person, and everyone involved knows that, so that helps.

In any case, a very UnParty day in Washington, from a Palmetto State perspective. And that’s always worth celebrating.

Go get ’em, Inez!

I mentioned on Facebook that I might watch Inez Tenenbaum’s confirmation hearing (to head Consumer Product Safety Commission) today if I knew when it was.

So one one my Washington friends and ex-colleagues, Jeff Miller, answered with the following helpful info:

“You can watch streaming video of the hearing through the Senate Commerce Committee’s Website. The hearing begins at 10:30 a.m.”

Don’t you just love the “Wondering Out Loud” feature on the Web? You wonder out loud, and someone gives you the answer.

You know what? Now that I think about it, I think the first time I met Samuel was over lunch with Jeff. Jeff was covering the 88 presidential campaign, Samuel was of course involved in that somehow, and I was Jeff’s editor. Journalists used to lunch a lot in those days.

Well, I’ve got to run to a business meeting now…

Saturday’s top (afternoon) stories

Sorry to be a bit late with this — hey, it’s the weekend. Let’s pretend today that the stories I’m selecting are for the front page of an afternoon paper. I really miss those. Here goes:

National/International

  1. Ahmadinejad Claims Victory — Today’s lede story. The Iranian regime claims it won; the reformist opposition says it cheated. It’s hard to think of a scenario more likely to feed further strife, and there it is.
  2. N. Korea to Weaponize Plutonium — And if we try to stop them, they promise to take military action. This would be a good lede candidate, under the Buzz Merritt principle of “Is my world safe?,” if not for Iran.
  3. Obama to cut $313 Billion in Health Costs — The president says he’ll cut back on hospital reimbursements to pay for expanding coverage.

State/Local

  1. Gorilla escapes — Certainly not a lede story, but high local interest. I’d run it with that picture that was in the paper (but not online, oddly) showing the thin shaft of bamboo that amazingly supported the ape in his escape (bamboo is strong stuff). Plus a file mug of the erstwhile fugitive on the jump page.
  2. Sanford on Fox 46 Times — Note my emphasis. The fact that he used ETV studios for his anti-stimulus national TV appearances (for which ETV was reimbursed) is not as interesting as the fact that he took the time to appear on Fox 46 times in his effort to prevent his state getting this money. 46. That’s four more than the ultimate answer to life, the universe and everything.

OK, that’s only five stories, which is about one short for a proper front page. At this point, if I were playing the role I did at the Wichita paper back in the mid-80s, I’d ask the other editors to make suggestions for something to flesh out the page — preferably something local, something that fits in the interesting take-note-of category (like the Sanford story).

Oh, wait, I just remembered this is a p.m. paper. That means I’d have access to this breaking story today: Morning Fire Closes Bi-Lo — Not big enough to be worth the front by tomorrow morning, but it adds that local immediacy for which afternoon papers were once celebrated, and which I miss.

Today’s news that matters

Lately I’ve been missing my Wall Street Journal (the subscription that the paper paid for ran out, and they wanted $299 to renew), particularly the “What’s News” feature on the front page, which provided a nice briefing each day of the news that mattered. If all I had time to do was read that, I at least was aware of everything important that had happened nationally and internationally.

It took me a while to get used to that. For years, I had thought in standard newspaper-front-page language to get my cues on what was big. There is nothing, of course, standard about the WSJ; they do things their own way. The New York Times is typical of the traditional, conventional approach, which as a newspaperman (who was once a front-page editor, many years ago) I appreciate. It’s probably meaningful to you as well, only subconsciously rather than overtly.

It works like this, in part: The most important thing that happens in the world appears in a vertical element on the far right-hand side of the page, usually, but not always, touching the top of the page. In a newspaper with a truly conservative approach such as the NYT (I’m using “conservative” in the true meaning of the word, not in the popular political sense, folks), most days that lede story (that’s the newspaper spelling for “lead,” by the way) will only have a one-column headline. That’s because most days, there is no earth-shattering news. History moves gradually, for the most part.

When the lede hed (newspaperese for headline) gets bigger than two columns, watch out. It could be good news, but it could be really bad. In any case, it’s really something.

A lede-worthy story is several things:

  1. It’s important.
  2. It’s probably interesting, but it doesn’t have to be. Quite often, the most important developments are dull, and your attention naturally drifts to other things on the page. Those highly interesting other things may be more prominently displayed on the page — toward the center top, or left-hand side — and they may have art with them (newspaperese for photos, graphics or anything that’s not plain text).
  3. It happened. It doesn’t advance something that’s going to happen (although there could be rare exceptions, such as a story that builds up to something like a presidential inauguration — but even then, something has to have happened leading toward that). It’s not a trend story — it doesn’t take a step back from the news; it is the news. It’s not analysis.

This may seem all terribly pedantic, especially as it has to do with a dying industry. It may seem like I’m providing a connossieur’s view of horses and buggies. But a lot of you out there are confirmed newspaper readers, and you probably understand these things I’m explaining instinctively. I’m talking here about you true aficionados; the people who not only take The State 7 days, but the NYT or WSJ as well. You are the people who are the most avid editorial page readers, because you are the most committed readers of the paper overall.)

Editors informed by that tradition certainly assumed you did. Buzz Merritt did. Buzz was the executive editor at The Wichita Eagle-Beacon (now known once again merely as The Wichita Eagle) when I was its front-page editor in the mid-80s. Buzz had come up in the business at The Charlotte Observer, which was always of the traditionalist school (I don’t know if it is now or not, because I never see it). He’s the one who drilled those three qualities of a lede, and the permissible ways to present it on the page, into my head.

And Buzz explained that a lede should communicate one thing very clearly to the reader, even the casual reader, whether consciously or not: Is my world safe? Usually, the answer will be yes, at least relatively so, and your eyes will merely brush over that reassuring fact as you move on to dig into news that interests you more. For that reason the lede should often be unobtrusive, occupying the minimal space on that right-hand edge. But when you really need to sit up and take notice (the collapse of credit markets, the USSR moving missiles into Cuba) it needs to be big enough to reach out and grab you.

Most of these subtleties, of course, are lost on you if you read your newspaper online. As useful as the Web versions can be (and the NYT and WSJ are very good at adding value via the Web) that medium just hasn’t developed the same visual and organizational language to convey the same messages about what’s important today. And that’s one reason why, consciously or unconsciously, many of you still cling to your print editions.

Anyway, as an Old School newspaperman, with a traditionalist’s sense of what matters — and one who thinks some of you might be of a similar orientation — let me offer a briefing glimpse at the news that actually mattered this morning. No Britney Spears. No “Idol.” No sports (except, of course, during the World Series or the Final Four, and then just as leavening in what we call “the mix”). Just news that matters.

Here goes:

National/International

U.S. to Regulate Tobacco — A good lede candidate. It happened. It’s historically important, with extremely wide-ranging implications across the country. And it’s also interesting. (From an SC perspective, it’s another step forward on the national front while we can’t even raise our lowest-in-the-nation tax.)

Iran Votes Today — This couldn’t be the lede, because it hadn’t happened yet. But there’s nothing bigger on the horizon today, and demands prominent front-page play. Barring something huge and unexpected overshadowing it, a likely lede candidate for tomorrow (if we know anything about results).

Al Qaeda shifting Out of Pakistan — Not a lede either, but a very important trend story. Seems to have been exclusive to the NYT, although I could be wrong. (Of course, if you’re a paper that subscribes to the NYT news service, you would have had access to this in-cycle.)

TV Finally Goes Digital — This story, after the years of build-up, is pretty ho-hum. But it is happening today. And even though most folks won’t notice the difference, this is a significant milestone that affects, even if unobtrusively in most cases, technology that all of us have in our homes, and that too many of us spend too much time staring at. A small, take-note-of headline on the page.

State/Local

BEA Issues Gloomier Forecast — A good lede candidate for a South Carolina paper (and indeed, that’s how it was played in The State). You might want to run, as a sidebar, this more upbeat indicator: Lowcountry Home Sales Up. There are promising signs, and you need to keep readers apprised of them, while not sugarcoating the situation.

USC Tuition Holds to Inflation — Important consumer news, to be sure. But this also contains currents of several things of strategic importance to the state, addressing as it does economic development, the federal stimulus, the state budget cuts, and accessibility to a college education in a state in which too few adults have one.

I’ll stop there, because that’s enough for a respectable front page with most newspapers.

Anyway, if y’all like this, maybe I’ll do it more often. Like daily.

One Sotomayor piece worth reading

Just to relieve the negativity of my last post, let me say that it IS possible to find commentary on Judge Sotomayor worth reading. I thought that of the David Brooks piece that The State ran today eminently so.

Now, before you avowed liberals say “of course you think that; he’s a conservative” (just as conservatives like to say the opposite about me), allow me to direct you to his conclusion:

I hope she’s confirmed.

OK, have I got your attention now?

Mr. Brooks, unlike Mr. Toobin, has to overcome the problem that the judge is steeped in the Identity Politics that were all the rage when she and I were in college:

There was no way she was going to get out of that unscarred. And, in fact, in the years since she has given a series of speeches that have made her a poster child for identity politics. In these speeches, race and gender take center stage. It’s not only the one comment about a wise Latina making better decisions than a white male; it’s the whole litany. If you just read these speeches you might come away with the impression that she was a racial activist who is just using the judicial system as a vehicle for her social crusade.

What makes the piece worth reading is Brooks’ explanation of how his own examination of the judge (which is much more extensive than my own, but which he handsomely admits is not his area of expertise) leads him to get past those objections.

I recommend it.

The shallowness of commentary on Sotomayor

The problem with the overwhelming majority of comments you will see on the subject of the Sotomayor nomination, or any other nomination to the court, is that it is shallow, and informed almost entirely by the commenters’ partisan leanings. All you will learn from it is which side the writer chooses in our never-ending party madness, or the parallel culture wars.

That is unfortunately true of this piece in The New Yorker by Jeffrey Toobin. It drips with this attitude: I’m a liberal, so I think this, and if you disagree with me you’re a conservative, and you think this. Never mind what you actually think.

The thrust of the piece is to stick up for the idea that Judge Sotomayor may have been selected in part because of her ethnicity and gender, as a good thing that should be neither side-stepped nor apologized for:

Still, even Obama, in announcing his choice, shied away from stating the obvious: that Sotomayor was picked in part because she is a Hispanic woman. (The President called his choice an “important step” but didn’t say why.) There was no need for such reticence. Earlier Presidents didn’t apologize for preserving the geographic balance, and this one need not be reluctant to acknowledge that Hispanics, the nation’s fastest-growing ethnic group, who by 2050 will represent a third of the American people, deserve a place at this most exclusive table for nine. (Nor, of course, did he note that the nomination was in part to satisfy Hispanic voters—the electoral benefit being another constant among Presidents.) As Barack Obama knows better than most, it is a sign of a mature and healthy society when the best of formerly excluded groups have the opportunity to earn their way to the top.

Actually, there IS good reason for such reticence and the president is to be praised for recognizing that. Mr. Toobin raises as an argument the tradition, dating to the earliest days of the Republic, of providing geographical balance on the court, followed by such notions as the “Catholic seat” or the “Jewish seat.” (Interesting thing about that is that if Sotomayor is confirmed, we’ll be down to one Protestant seat. Which is wonderful for me as a Catholic — or would be, if I didn’t consider it anathema to think in such terms.)

In fact, I think the “geographic balance” is a bad practice to institutionalize as well. If a legislature wants to have representatives of various congressional districts on a board or commission, OK. But in the absence of such requirements, it is a disservice for a president or governor to consider whether a person is from Charleston, or is Latina, or what have you. Those biographical details are points you MIGHT bring up in introducing a speaker, depending on the audience. But they are NOT qualifications for the Court, and only legitimate qualifications should enter into the discussion.

So no, comparing the idea of considering a nominee’s ethnicity to considering his or her hometown doesn’t strengthen your argument.

But that part is just hapless. This part, the part in which prejudices about what other people think are aired, is actually offensive:

As with earlier breakthrough nominations, Obama’s selection of Sotomayor has stirred some old-fashioned ugliness, and in that alone it serves as a reminder of the value of a diverse bench and society. Some anonymous portrayals of the Judge offered the kind of patronizing critiques (“not that smart”) that often greet outsiders at white-male preserves. Women who have integrated such bastions will be familiar, too, with the descriptions of her temperament (“domineering”), which are of a variety that tend to reveal more about the insecurity of male holdovers than about the comportment of female pioneers. The pernicious implication of such views is that white males, who constitute a hundred and six of the hundred and ten individuals who have served on the Court, made it on merit, and that Sotomayor is somehow less deserving.

People who share Mr. Toobin’s mindset are nodding their heads right now: Yep, that’s exactly what those pigs say about women. Yep, that’s the kind of code we hear about minorities. Which, to borrow Mr. Toobin’s condescending tone, tells you more about the nodders than it does about the people they’re nodding about.

Let me propose a couple of thoughts: What if she isn’t “all that smart?” I have no idea whether she is or not, but that can be true even of Latinas, you know, just as it can be of white Anglo men (and are you going to say you don’t know some white guys who aren’t as smart as they should be?). And what if she is domineering? That, too, is possible. It is not automatically impossible for a woman to be overbearing. She doesn’t get a free pass on that by virtue of gender — except among the people who are nodding at Mr. Toobin’s stereotypes.

The interesting thing that apparently escapes Mr. Toobin is that in fact, a white male would have to be very secure indeed in his judgment to offer such a criticism of a Latina nominee — if he dared to do it on the record and for attribution, which evidently none are doing, which is the only point here that argues for the insecurity Mr. Toobin suggests.

As for the last point in that paragraph: Exactly who said the other hundred and six individuals were immune to the objections of not being smart enough, or too domineering? I missed that part. Oh, yeah, I forgot: Surely all the powerful white guys out there ARE saying that, because, you know, that’s how they are. Everybody nod now.

Anyway, I had hoped for something more subtle and thoughtful and nuanced from The New Yorker. The cartoons are certainly more sophisticated than this. So is this wonderful little piece in the same edition, in which a Chinese woman describes what Hemingway meant to her in the summer she was watching her mother go mad. A sample:

I was reading “A Farewell to Arms” one night when my father came into my bedroom. The family was counting on me, he said. Neither he nor my sister could keep my mother from going mad. “She loves you more than your sister or me.” I promised to try my best. When he left, I turned off the light. There was not a trace of a breeze. Through the open window, I could hear a chess party, a group of old bachelors under a street lamp, laughingly cursing one another’s moves on the chessboard. I listened to a man slapping mosquitoes, and wished that I were the hero of Hemingway’s novel. I would have given up the use of both my legs to be in Italy, drinking vermouth, watching horse races, and exchanging off-color jokes with my fellow-officers as the old bachelors were doing outside.

Sound interesting? It was. I got something fresh and original and worth reading from each paragraph. But I can’t say the same for Mr. Toobin’s bit of partisan cheerleading. Or perhaps I should say, nodleading.

To conclude: One reason you don’t see me taking sides on Sotomayor — I might express concerns, or seize upon encouraging signs, but I have no idea whether she should be confirmed or not — is because I don’t subscribe to either side in this game.  I have to think for myself. And I have not had time — nor am I likely to have time — to study her record closely enough to pass judgment one way or the other.

Nor should I be expected to. That’s why we have a system of representative democracy. We elect people to take the time to study these things, and vote in good faith based upon their best judgment. Unfortunately, that breaks down when the elected representatives themselves surrender their thought processes to the parties and interest groups that depend upon pointless conflict for their very existence. And even more unfortunately, elected representatives are all too eager to do that.

Happy, peaceful D-Day, Maj. Winters


Someone mentioned recently all the personal heroes he’d had the chance to interview in his career in journalism. I’ve had some of those — such as my friend Jack Van Loan. But on this day I think of one I DIDN’T interview, because I wouldn’t let myself bother him. I didn’t feel I had the right to.

Over the last few years I had occasion to visit central Pennsylvania multiple times, while my daughter was attending a ballet school up there. Almost every time I went there, I thought about going over to Hershey to try to talk to Dick Winters, the legendary commander of Easy Company of the 506th Parachute Infantry Regiment in the 101st Airborne Division during World War II. He was the leader — one of several leaders, but the one everyone remembers as the best — of the company immortalized in Stephen Ambrose’s book Band of Brothers, and the HBO series of the same name (the best series ever made for television).

But I never did. As much as I wanted just to meet him, to shake his hand once, I never did. And there’s a reason for that. A little while ago, I was reminded of that reason. The History Channel showed a special about D-Day, and one of the narrators was Winters, speaking on camera about 60 years after the events. He spoke in that calm, understated way he’s always had about his heroics that day — he should have received the Medal of Honor for taking out those 105mm pieces aimed at Utah Beach, but an arbitrary cap of one per division had been place on them, so he “only” received the Distinguished Service Cross.

Then, he got a little choked up about what he did that night, having been up for two days, and fighting since midnight. He got down on his knees and thanked God for getting him through that day. Then he promised that, if only he could get home again, he would find a quiet place to live, and live out the rest of his life in peace.

I figure a guy who’s done what he did — that day and during the months after, through the fighting around Bastogne and beyond into Hitler’s Eagle’s Nest itself — deserved to get his wish. He should be left in peace, and not bothered by me or anyone else.

So I’ve never tried to interview him.

(The video above and below is the televised dramatization of the action at Brecourt Manor for which Winters received the DSC. I was struck by how well the actor Damien Lewis captured a quality that Ambrose had described in his book. Winters had the rare ability to stay cool under fire, and more importantly to analyze the situation instantaneously and know exactly what to do in the given situation, and convey it to his men. Nobody who hasn’t been in those circumstances knows how he would react — neither did Winters, before this day — but everyone hopes he would perform exactly the way then-Lt. Winters did.)

With one shot, the split gets wider

Sunday, while I was traveling out of state without a laptop for the first time in years (leading me to Twitter more, via Blackberry, and blog not at all), I saw a note from a friend I used to work with in Wichita, saying she was “saddened but not shocked by the news out of wichita.”

This made me respond, “What happened? I’ve been traveling all weekend.” Someone else responded, “George Tiller, the doctor from Wichita, Kan., who performed late-term abortions, was shot to death at his church this morning.”

To which I didn’t respond at all. I just thought, “As if Roe hasn’t done enough damage in the way it’s torn America’s politics apart, now this.” I knew this incident was going to make it even harder for the pro-life (like me) and the pro-choice even to communicate. And if you doubt that, see what someone else responded to Cheryl’s Facebook update: “Why do ‘pro-lifers’ like to kill people?”

Sheesh. It was tough enough already.

The reflexive habits of thought are so polarized, that even if one tries to be fair and stick up for the other side, it tends to come out in a way that reflects the prejudices of your own side. For instance, Gary Karr writes that the L.A. Times, with which “I often disagree” he hastens to add, said something that made sense to him in a piece headlined “Dr. George Tiller’s assassination is no reason to suppress speech.” What the LAT is addressing here is the inevitable attempts by the “pro-choice” side to use this case as an excuse to suppress the other side, through such absurd measures as sending federal martials to guard abortion clinics from all those wicked pro-lifers (not an example LAT used, but it just happened to pop into my head, since that actually is happening).

Yet the very language the Times piece uses illustrates the cognitive divide:

The assassination of Dr. George Tiller, long targeted by extremists because he performed late-term abortions, is a reminder that fringe adherents of the “pro-life” movement are willing to desecrate the very value they claim to champion.

Even though the very next sentence reads…

But it distorts reality to insinuate that millions of Americans who oppose abortion condone such tactics.

… the mindset has already been communicated. By the mere use of a plural subject, “fringe adherents of the ‘pro-life’ movement,” the idea has been conveyed that there are a bunch of bloodthirsty killers over on that other side, waving guns about wildly, looking for their next victim — which could be you, dear reader! Never mind that the next sentence says they’re not ALL like that (there are some good ones, you know, as confirmed racists have always said), doubt has been cast upon the entire class.

Whereas this incident demonstrates nothing of the kind. It illustrates that one guy hated enough to kill one other guy. Period. This says nothing about classes of people. The individual is responsible for his actions.

This relates to the subject of “hate crimes,” one of those rare issues where I agree with libertarians. Punish the crime, say I, not the political beliefs of the criminal. We don’t do thoughtcrime in this country. And yet, of course, the pro-choice folks want very much to condemn, not only the shooter, but many who agree with him, of thoughtcrime. That’s why President Obama called this shooting “heinous.” If the killer had shot Tiller because he didn’t like his tie, would the president have called it “heinous?” I don’t think so, and neither do you. He was addressing the political implications of the act.

We all have our own ideas of what is “heinous.” I consider making a living from third-trimester abortions to be pretty heinous. Lots of people who are genuinely pro-“choice” — and I mean those who genuinely see how morally problematic abortion on demand is, but don’t want to impose those values on others, as opposed to those who are simply pro-abortion, seeing its availability as a positive social good — would at least on some level agree with me. Although they might use some milder word, such as “distasteful.”

But you see, I’m not allowed to say that now. If I say that now, I get howls of protest from the Other Side about how I’m “blaming the victim” or excusing the killer. Of course, I’d be doing nothing of the kind. The fact that Tiller made a living doing something heinous doesn’t mean he should be killed, much less shot down like a dog in a place of worship. And the person who did shoot him should be prosecuted to the fullest extent of the law (although not executed, since I AM pro-life).

My point is simply that “heinous” is, in the context of anything touching upon abortion, a word packed with political meaning that sets off all sorts of alarm bells.

Even under normal circumstances, I don’t like discussing abortion because such discussions inevitably produce more heat than light. I do it sometimes, but usually to discuss that very phenomenon of polarization, and I leave the subject behind as quickly as possible, preferring to get back to subjects where I might have a chance of changing someone’s mind.

With this shooting, I’ll be even more reluctant (see how it’s taken me two days to post this?). And I won’t even get into reminiscing about my days in Wichita, when this guy’s clinic was a few blocks from where I lived, and a constant source of controversy (this was in the mid-80s). What’s the point? Might as well leave it. Which is just the effect that folks who disagree with me hope this will have, of course, but what are you gonna do? A senseless act of violence has been perpetrated, and it will have its terrible effect on such lesser considerations as political discourse, at least for a time.

Why not a Mentat for the court?

Folks, I’ve got nothing against Sonia Sotomayor so far. Still gathering info, in an offhand, passive sort of way. She seems to have really nice teeth. The NYT reports that her rulings “Are Exhaustive but Often Narrow.” Narrow sounds good. They say she saved Major-League Baseball. That’s good, right?

But I’ve got to tell you, I’m not liking all this human-interest, fuzzy-wuzzy stuff I keep hearing. Nor do I like the rather blatant Identity Politics language, of which even the judge herself has been guilty:

Judge Sotomayor has said that “our experiences as women and people of color affect our decisions.” In a lecture in 2001 on the role her background played in her jurisprudence, she said, “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”

You see, I’ve got this thing about the Rule of Law. The law should be no respecter of persons. We should be a nation of laws, not of men. Or women. In other words, who you are and what the law is are two entirely different things, and no one should be more cognizant of that than a Supreme Court Justice. Respect for that notion ought to be right up there at the top of the job description.

So yeah, I’ve got a problem with this. And it’s reinforced by the fact that President Obama himself indicated that HE would be looking for something other than someone who objectively ruled on the law. I wrote about how that was really starting to disturb me right before the election. (A lot of you thought that column was just about abortion — a problem which I attribute to the tragic way that abortion has distorted our political discourse. But it was about much broader concepts.) An excerpt from what I wrote at the time:

Sen. Obama seems to judge court rulings based more on their policy effects than on legal reasoning. In his autobiography, Dreams from My Father, he wrote, “The answers I find in law books don’t always satisfy me — for every Brown v. Board of Education I find a score of cases where conscience is sacrificed to expedience or greed.” That hinted to me that he cares more about good outcomes than law. But I forgot about it until I heard him say in the debate that “I will look for those judges who have an outstanding judicial record, who have the intellect, and who hopefully have a sense of what real-world folks are going through.” That third qualification disturbed me because it seemed to demand a political sensibility on the part of judges, but I wasn’t sure.

And now here we are — with a nominee who is not embarrassed to say such things as what I quoted above. And I have a problem with this.

Which, I know, puts me on the “right” side of the left-right wars on this one. And you know how I hate being on either side, but it happens.

That said, I’ve seen nothing yet that would keep me from voting to confirm her were I a senator. Why, you ask? Because, unlike the president, I don’t consider this touchy-feely biography-as-qualification stuff to be important enough to make up my mind either way. It’s peripheral. The point is, is she a good judge, which is something that is entirely independent of how she feels about herself as a Latina, or how the president resonates to that.

And yes, I know that to many liberals, this makes me sound like, at best, a cold fish. But folks, the law is a cold-fish thing, if it’s going to be fair. It’s about the intellect, not the emotions. My liberal friends, do you want Roberts or Scalia or Thomas ruling on the basis of how they feel about things, or on the basis of the law? That’s what I thought.

Maybe the ideal judge would be a Mentat, as imagined by Frank Herbert (or, to a lesser extent, a Bene Gesserit, who are also trained to override their emotions). Or Robert Heinlein’s Fair Witnesses. Of course, maybe the fact that my examples come from science fiction is an indication that such intellectual rigor and cool objectivity is impossible in the real world. Maybe.

But at least it ought to be an ideal that we strive for, rather than celebrating the possibility that a judge would rule on the basis of how he or she feels, or what groups they might identify — which frankly, as a believer in the Rule of Law, I find disturbing.

Running out the clock

One more thing to share about the stimulus issue today…

This morning, I ran into Hugh Leatherman, and he pointed out something I had not thought of: I had assumed, like many others, that the reason Mark Sanford went to federal court instead of state court is that he was pretty sure a state court would rule against him.

Sen. Leatherman proposed another motive: He said that filing in federal court automatically gives the governor 30 days before anything can happen, thereby running out the clock on the Legislature’s requirement that he draw down the stimulus money within 5 days. I said, “Doesn’t he have to get an injunction or something from the court to get that delay?” The Senate Finance Chairman said no, that it was automatic.

Huh. Is that right? Maybe some of our lawyer friends can weigh in here…

Blessed are the poor…

… because they give more generously than the rich, according to the U.S. Bureau of Labor Statistics. Did you see that story?

Indeed, the U.S. Bureau of Labor Statistics’ latest survey of consumer expenditure found that the poorest fifth of America’s households contributed an average of 4.3 percent of their incomes to charitable organizations in 2007. The richest fifth gave at less than half that rate, 2.1 percent.

The figures probably undercount remittances by legal and illegal immigrants to family and friends back home, a multibillion-dollar outlay to which the poor contribute disproportionally.

None of the middle fifths of America’s households, in contrast, gave away as much as 3 percent of their incomes.

Did this surprise you? It didn’t me — at least, not after I thought about it for a moment. It’s the identification thing. The more affluent one is, the more likely one is to think of the poor as the “other,” to think of poverty as “a way you’ll never be.” This can lead one to think there must be something wrong with the poor on a moral level — that they’re lazy and just don’t try or whatever.

Not that I’m a paragon of sensitivity or anything, but I’ve never had that attitude, mainly because God blessed me with a tendency toward depression. He’s given me a taste of what it’s like to feel overwhelmed and unable to meet the challenges before me. Just a taste, mind you — I always manage to cope, and have never had that crippling kind of despondency that keeps people in their beds. But I’ve seen through that door, and I can easily see how dysfunctional I’d be if I’d never been successful at anything, had no education, no home, no real prospects. In fact, it causes me to marvel that people who are down and out manage to do ANYTHING, as so very many do.

So I didn’t really need to get laid off to see into the abyss, but now that I’ve had THAT experience, and am still having that experience — no permanent, full-time job with benefits at hand yet — I’m less likely than ever to be dismissive of the plight of the poor.

That AP story raised another interesting explanation for the relative generosity of the poor:

Herbert Smith, 31, a Seventh-day Adventist who said he tithed his $1,010 monthly disability check — giving away 10 percent of it — thought that poor people give more because, in some ways, they worry less about their money.

“We’re not scared of poverty the way rich people are,” he said. “We know how to get the lights back on when we can’t pay the electric bill.”

Now there’s an instance in which I do suffer from a malady of the bourgeois: I do have that middle-class horror of not being able to pay the bills. The prospect, which gets closer each day that I don’t have a steady job, is more than a little appalling. There’s that middle-class voice in my head that goes, “The electricity turned off? OHmyGod, NO!” Whereas Herbert takes it in stride, and keeps on giving.

Which ought to teach us something.

When Obama and Graham agree, so do I

For some time, I’ve had a sort of axiom I’ve more or less lived by: If John McCain, Lindsey Graham and Joe Lieberman are for it, I probably am, too. If I find myself disagreeing with those three guys (not that I ever do, but theoretically), I need to look at the issue a little harder.

Admittedly, getting McCain and Graham to agree is not much of a standard to meet. They’re sort of joined at the hip, policywise. But if Lieberman is on board, you’ve met a higher test. Mind you, if it’s just one or the other, I might not be on board. For instance, I don’t think Joe agreed with McCain about picking Sarah Palin, so bad call there. And I don’t agree with Lieberman on abortion. But if they agree, it’s probably a good call.

And now I’ve got a corollary to that: If Graham and Obama agree, so do I. I sort of indicated that in a column back just after the election (and went into more detail about it on my old blog). And here’s a fresh instance of the phenomenon:

Graham Applauds President Obama’s Decision to Use Military Commissions to Try Terror Suspects

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on the decision by President Obama to use military commissions to try terror suspects.

“I support President Obama’s decision to seek a further stay of military commission trials.  Today’s action will afford us the opportunity to reform the military commission system and produce a comprehensive policy regarding present and future detainees.

“In my first meeting with then President-elect Obama in Chicago in December 2008, we discussed a path forward for Guantanamo detainees.  I appreciated the opportunity to meet with him and focus on the types of reforms that would protect our national security interests and help repair the damage done to our nation’s image.  I continue to believe it is in our own national security interests to separate ourselves from the past problems of Guantanamo.

“Since that initial meeting I have personally met with the President on two occasions and with his staff numerous times to discuss detention policy.  Our meetings have covered a wide range of topics including the various ways we could improve the military commission system to ideas on establishing a proper and appropriate oversight role for the federal courts.

“I have had extensive discussions with military commanders and other Department of Defense officials about the overall benefit to the war effort of reforming our nation’s detainee policies.  The commanders believe a reformed system would be beneficial to the war effort as long as such a system is national security-centric.

“Detainee policy is very complex.  The President wants to collaborate with Congress to reform detainee policy and we should use this additional time to come up with a sensible national security policy regarding terror suspects.

“I believe a comprehensive plan should be in place before Guantanamo is closed.

“I also believe that no detainees should be released into the United States.  Detainees determined by the military or a federal judge to no longer be held as enemy combatants should be transferred to the custody of the Department of Homeland Security pending their transfer to another country.

“I agree with the President and our military commanders that now is the time to start over and strengthen our detention policies. I applaud the President’s actions.”

######

Good call there, fellas. I agree.

More change we can believe in

I see that Barack Obama is going to try to stop the ACLU from publicizing more photos from Abu Ghraib.

Good for him. No useful purpose would be served by the propagation of new images of a terrible problem that has been fully explored and addressed and is a problem no longer. But such images, which would add nothing to our useful knowledge, could easily lead to more American deaths in Iraq and Afghanistan. We know how inflammatory images, from cartoons to such photos as these, can be in those parts of the world where our country is trying so hard to foster peace and stability, with American lives on the line.

Abu Ghraib was awful, and a tremendous setback to U.S. interests. We know that; and we’ve addressed it. No one in this country could possibly doubt that such treatment of prisoners is inconsistent with our values.  Why do the whole thing over again, with the fresh repercussions that would invevitably engender?

This is one of those cases where the public’s “right to know” — which folks in my longtime profession can get really, really self-righteous about (usually, but not always, justifiably) — ring awful hollow against the near-certainty that it would lead to more bloodshed.

It’s things like this that tend to lower my opinion of the ACLU (even as my respect for the president grows). I know they can do some good — and I was really pleased by the very smart, sensible op-ed piece we had from the ACLU’s local honcho Victoria Middleton several months ago; she nailed it on our pound-foolish approach to crime in South Carolina.

But the kind of legalistic pedantry-over-real-life (and death) that I see in this matter of the prisoner photos is really disturbing.

I don’t like ever to speak against openness and disclosure — I prefer to PUSH for those values, and almost always do so. But asserting those laudable values over American lives, in a case where nothing new would be gained, is one of those cases that illustrate the fact that extremism even in the service of a virtue CAN be a vice.

Congrats to Inez!

Well, I think the president made a good choice in picking Inez Tenenbaum to head the Consumer Product Safety Commission. So do a lot of other people.

I got a release from the S.C. Democratic Party saying Carol Fowler and Jim Hodges and John Land were pleased, but you sort of expected that, right? More to the point, Lindsey Graham, and, even more than that to the point, ex-rival Jim DeMint both issued supportive statements.

So with no one to say her nay, I’m guessing Inez is in. And that’s good news for America’s consumers. I think she would have been a fine Education Secretary, but I know Inez will do a great job at this as well. She’s that smart, and that hard-working.

Replacing Souter

Sorry not to have posted; I haven’t been well the last couple of days. Had a horrible cold over the weekend, but it’s better now. I haven’t had to take anything for it since I got up this morning (knock on wood). Kind of wrung out, though.

In keeping with my usual policy of keeping some plates spinning on the blog at all times, though, I should at least have thrown out a “talk amongst yourselves” topic on the pending departure of Justice David Souter.

So here goes, belatedly.

As I may have pointed out before, last year was for me a real departure — a presidential election in which I liked BOTH candidates. I had always liked McCain, and then the more I saw of Barack Obama, the more I liked him, too. While neither of them would fully qualify as Energy Party material, each of them was the closest thing to an Unparty champion that his respective party was ever likely to produce.

So it was that I said a number of times last year that for once, we had a win-win proposition.

It was only at the very end that I started to get alarmed about Obama. The third debate between him and McCain was a watershed moment for me, and caused my mind to be undivided in advocating that we endorse McCain. There were two issues that were deciding factors, two positions taken by Obama that actually alarmed me. Those were his positions on free trade and judicial selection.

The thing that his position on these two points had in common was that they were so doctrinaire. On these issues he was not the paradigm-busting Unpartisan, but a cliche-spouting defender of liberal orthodoxy. I could digress about the Colombian free trade agreement here, but that’s not our topic today.

Roe v. Wade has so successfully (and tragically) polarized our politics that people who disagree with me about it can’t hear me when I say this, but I’ll say it again anyway: My problem with Obama on this point was not that he disagreed with me on abortion. Lots of people I’ve supported over the years, some quite enthusiastically, have disagreed with me on abortion. Joe Lieberman, for instance (you know, the guy who should have been on McCain’s ticket).

My problem was that on this subject, Obama seems to make no allowance for people who disagree with him — unlike McCain. Sen. Obama was, quite pointedly, NOT one of the Gang of 14. Nor had he demonstrated any willingness to support judicial nominees who failed his litmus test. To recap, here’s the difference I saw between him and McCain on this point:

Much harder to overlook is the hard fact that despite his opposition to Roe, John McCain voted to confirm two Clinton nominees, Justices  Stephen Breyer and Ruth Bader Ginsburg. Why? “Not because I agreed with their ideology, but because I thought they were qualified and that elections have consequences.” Senators should respect the president’s prerogative to the point that they should refuse to confirm only those nominees who are obviously unqualified. “This is a very important issue we’re talking about,” he added. Sen. Obama has had two opportunities in his brief Senate career to confirm highly qualified nominees — Samuel Alito and John Roberts — and voted against both. Yes, confirmation is different from nomination, but I would rather have someone who has demonstrated McCain’s relative freedom from ideology doing the nominating.

Then there was his odd way of talking past the very good federalist argument that McCain offered against Roe:

Perhaps worst of all, Sen. Obama was dismissive and misleading regarding the proper roles of the states with regard to the federal government, and the political branches with regard to the judiciary. Regarding Roe, Sen. McCain said, “I thought it was a bad decision…. I think that… should rest in the hands of the states. I’m a federalist.” He was saying abortion law should be returned to state legislatures, where we make most of our laws, rather than having it in a special, hands-off category.
In answering, Mr. Obama shocked me in two ways, saying “I think that the Constitution has a right to privacy in it that shouldn’t be subject to state referendum, any more than our First Amendment rights are subject to state referendum, any more than many of the other rights that we have should be subject to popular vote.”
If a right to privacy exists, it is at best inferred from the Constitution. The author of the “right,” Justice William O. Douglas, found it in “penumbras” and “emanations.” And yet Sen. Obama equated it to the very first rights that the Framers chose to set out in black and white, and subject to ratification. That a Harvard-trained attorney would do that may not boggle your mind, but it surely does mine.
Then there’s that bit about not subjecting such a hallowed “right” to “state referendum,” or “popular vote.” Sen. McCain had suggested nothing of the kind. In a representative democracy, such questions are properly decided neither by plebiscite nor by judicial fiat, but by the representatives elected by the people to make the laws under which we will live.

This was the first time I had noticed Obama doing anything that smacked of intellectual dishonesty.  But I don’t think he was being dishonest; I think he has actually talked himself into believing what he said, which in a way is worse.

After the election, my good feelings about Obama returned. He confirmed many of the best impressions I had formed of him during the campaign. I began to hope, audaciously. And I was very pleased by his pragmatism on national security matters — something that I had hoped for, even though many who voted for him had hoped for something else. In particular, I have appreciated his cool self-assurance as the nation goes through the economic wringer — it helps.

But now David Souter is retiring, and my qualms from the last weeks of the campaign have returned somewhat.

I take heart from this: Souter himself is the George H.W. Bush appointee whom the right grew to hate, crying “No more Souters!” Wouldn’t it be great if Obama appointed someone who is just as serious and studious a jurist, but one whom the left will later castigate as a disappointment?

I think it would be great, anyway. Although I disagree with Souter about Roe, I love the fact that he defied the expectations of the partisans on both sides. I’d love to see another nominee do that. Maybe if that happened often enough, the warring interest groups would go away and leave presidents free to appoint the best justices, regardless of litmus tests. That would be great.

Who’s going to tell Al Gore?

I see in the Spartanburg paper that the “Father of the Internet” spoke to some students in the Upstate yesterday, and then I found to my surprise that his name is Leonard Kleinrock:

Speaking to the 18 students in Adriana Ahner’s Web page construction class — appropriately, via a 90-minute Webcast from his home in southern California, UCLA computer science professor Leonard Kleinrock spoke of how he overcame humble beginnings to eventually develop the mathematical theory of packet networks that became the foundation of Internet technology.

“I had a background of curiosity, independence and trying to make new things happen,” said Kleinrock, the son of Polish immigrants who was born and raised in New York City. “When I got to (Massachusetts Institute of Technology as a graduate student in the early 1960s), I decided not to follow the pack. I noticed that we were surrounded by computers that were full of information and interesting applications and capabilities and services, but they couldn’t talk to each other, and I figured that sooner or later that’s going to happen.”

Which makes me wonder — if this Kleinrock guy is the father of the Internet, then the Mother of the Internet needs to have a long talk with Al Gore.

Seriously, though, apparently the headline meant A father rather than THE father, because there were a number of guys involved in siring the ARPANet. Apparently, Mr. Kleinrock is actually the father (or a father) of packet switching, which I don’t really understand any more than I do the rest of how the Internet works; I just know it does.

But all this reminds me of the irony of the Internet — the most open, vulnerable (in a security sense) invention in the history of the world — starting as a defense thing. As we learned from the recent intel breach story regarding the Joint Strike Fighter, the LAST thing you want to put on the Internet is defense secrets. And yet, that’s now the whole thing started.