The Continuing Decline Of Western Civilization

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Alito hates Roe

Has everyone seen this? Alito authored a memo in 1985 while working as a Reagan administration lawyer arguing for a slow rollback of Roe. Via LGM and TBogg.

posted by tcdowc - 7:59 pm - 11.30.05

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Rumsfeld vs. FAIR

Oral arguments were made today in Ayotte v. Planned Parenthood (via Laywers, Guns & Money). At first glance, it looks as though the end run around Roe has been blocked, at least for now. Unless Kennedy sides with Casey's supporters it will be re-argued though.

In other SCOTUS news, LGM highlights another interesting case, Rumsfeld vs. FAIR. Scott points us to a nice background on the case at Fantasy Life. It concerns the Solomon amendment, which you will recall was passed to prevent universities from giving military recruiters the short stick. Law schools, whose job in large part is to get their students employment, have big recruiting fairs. Most of the time the employers have to sign something that says they don't discriminate based on whatever. Military recruiters can't sign this, because they don't hire homosexuals. Thus, law schools don't give them the same access and assistance that other employers recieve. The DoD decided that this violates the Solomon amendment, and wants to withhold federal funding from these schools. So a bunch of law schools got together and sued the DoD.

First off, there's a lot going on here, which means the case has almost nothing at all to do with gay rights, and everything to do with much broader free speech issues.

If the court finds the statute unconstitutional (which would go against precedent), it would (most likely) be granting universities (and by extension all similar institutions) the right to exclude based on 'expressive association.' Thus, for example, Bob Jones would no longer have to accept black folk. If it didn't want to. Hypothetically. Also, schools probably wouldn't lose any funding for Title IX violations anymore.

If the court finds for the DoD, it would mean that schools could potentially be forced to make military exceptions for any policy that interfered with a student's ability to, say, participate in ROTC. Sort of like how football players used to autopass, except this time it would be ROTC members, and instead of alumni forcing it on them, it's the need for government funding.

The court could also find that the exclusion of military recruiters based on a policy which is party neutral does not, in fact, contravene the statute. That the Solomon amendment only prohibits policies which directly target the military. Which would mean that, until the military changed its policy of discrimination against homosexuals, any school who choose to could effecively bar them from campus recruitment.

The Third Circuit Court of Appeals has issued an injunction against enforcing the amendment. Presumably, this is pretty up in the air.

posted by tcdowc - 5:46 pm - 11.30.05

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It's important to wear a cup around llamas.

Another installment of when animals attack.

posted by tcdowc - 5:19 pm - 11.29.05

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Exit strategy twarted, Bush adopts anothers

After having his exit strategy fail last week in Bejing, Bush cast about for a new one, and found one in Democratic Senator Joe Biden. Biden, ranking dem on the Senate Foreign Relations Committee, wrote an op-ed in the Washington Post last Saturday calling for a timetable for withdrawal, and laying down what he considered the key points for moving forward in Iraq. He was immediately blasted by far right websites for being a defeatist-coward.

On Sunday, the White House issued a press release titled "Senator Biden Adopts Key Portions Of Administration's Plan For Victory In Iraq". Best quote from the article:

Even though Bush has never publicly issued his own withdrawal plan and criticized calls for an early exit, the White House said many of the ideas expressed by the senator were its own.

posted by tcdowc - 4:55 pm - 11.29.05

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Alito member in good standing (emeritus) of Trent Lott fan club

Yet more indications that Alito would be the most conservative judge on the court. In a 1985 job application Alito noted that he was a proud member of CAP, Concerned Alumni of Princeton. CAP was formed just after Princeton began accepting women and minorities in significant numbers. They supported quotas, but they wanted 80% of incoming freshmen to be white males. Presumably the moneyed kind, but maybe they weren't that class conscious. Read all about from the inestimable hilzoy, at Obsidian Wings.

posted by tcdowc - 4:49 pm - 11.29.05

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The neat thing about the KGB, was that it worked as a CIA & an FBI

Over at Obsidian Wings hilzoy has a post up about CIFA, and the slow dissolve of the wall. CIFA, or Counterintelligence Field Activity, is a newish Pentagon intelligence agency (who's entire budget is classified) which was originally created to coordinate Pentagon security activites. Now the DoD is thinking about expanding its role to include domestic crime investigation.

The problem is that intelligence agencies don't have to hold to the laws regarding search warrants and such things that bind law enforcement agencies, like the FBI. It's a transparent attempt to circumvent 4th amendment protections which, incidently, will create a secret police. It's probably unconstitutional, but targets of FISA warrants aren't alerted to the existence of said warrants, and given our new policy of 'disappearing' suspects it'll never reach the courts. There would normally be congressional oversight of these things, but there's supposed to be congressional oversight of CIA activities too. If only the the Senate Select Commitee on Intelligence wasn't staffed by foreign agents.

posted by tcdowc - 4:00 pm - 11.29.05

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'They call it gentrification, I call it genocide'

The Times has a nice article up on the fight over gentrification of the Gowanus Canal. Like all Times articles, it's been so balanced that you have no idea who's winning.
Second page requires (free)registration, which is an improvement, but still a pain. So I've set one up.

Name: tcdowc Psswrd: tcdowc

Just do a favor and log back out when you've read it. It think I'll set this up on all free registration sites as they come along, so it'll probably be there if you need it.

posted by tcdowc - 3:34 pm - 11.29.05

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In a harsh reversal CIA is getting probed

More on the CIA's 'alledged' covert prison facilities. The EU has said that any member country found to be housing a secret prison will likely have their voting rights suspended. Sort of complicates situations where the hosting country wasn't exactly told the party was happening. And, why is the CIA using known CIA aircraft to transport people they want to disappear? The US senate's also getting in on the action.

posted by tcdowc - 2:55 pm - 11.29.05

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A Note of Style

Also, let me know if there are issues with the look of the page. I kinda like the colors so unless you have problems reading it, piss off. Also, I've attempted to make the type bigger. Let me know if this looks horrible. And of course anything else that's wierd.

posted by tcdowc - 11:08 pm - 11.28.05

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Prehensile and, amazingly, blue.

This is a fabulous thing. You need real player, and it's completely work safe, assuming that you don't work for actual slugs, who might be offended.

Slugs have crazy wild sex

It's occured to me that I might learn basic HTML, so watch out for growing pains.

posted by tcdowc - 10:45 pm - 11.28.05

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I Am Tired

Also, I am a fool. For I have typed this before, three times at last count, and always get distracted, go to do something else, and then lose this. I am tired of the fact that gmail appears to have to ability to create groups to which I can send mail. This could be a personnal failing. So,

Welcome to the new home of T.C.D.O.W.C., which means you will no longer recieve annoying emails from me, and can just come here to read things when you get bored or want to know something that maybe you didn't know before. And I'll try to restrain myself from posting about everything I come across. Maybe I'll add links...

I'm going to see about adding comments as soon as I can, but I want to know more about how to work this thing first.

Insert pithy tag-line here.

posted by tcdowc - 10:32 pm - 11.28.05

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