Left Advocate

Time, Time...I Need More Time!

2005-04-05T13:49:00.000-04:00

Its been a hectic week since my last post, and I just have not had the time to keep up with the news to the point necessary to blog. This is harder than I thought. And, with the Schiavo news cycle having given way to the passing of the Pope, not much else is getting through the noise.

I did, however, come across an interesting blog entry by Eric Alterman that I would like to share. Click the newly-added link to the right for Altercation (or here) and read the April 5th post entitled, "The Crown Jewel of American Liberties." In brief, it is a piece about an interesting challenge to the constitutionality of the Voting Rights Act (as applied in the case), and you wouldn't believe what side the Justice Department comes down on.

Then again, maybe you would...

Aftermath?

2005-03-30T12:31:00.000-05:00

While the madness over Terri Schiavo seems to be beginning to wind down (another appeal to the Supreme Court has been denied), there is a troubling trend that will continue in the wake of this controversy. That is, the judiciary as the primary battleground in the renewed culture war in America, which reached full boil with the inexplicable hysteria over Janet Jackson's "wardrobe malfunction" during last year's Super Bowl halftime show.

Brett Brandenburg wrote on Slate.com recently about the recent trend of political intimidation aimed at judges, and provides a link to the home page for the Judeo-Christian Council For Constitutional Restoration's conference, Confronting the War on Faith, to be held in Washington next week.

This is absolutely mind-boggling. There is no "war on faith" being conducted by the judiciary. What they are doing is upholding the rule of law, the purpose of which, aside from maintaining social order, is to protect the rights of the minority against the tyranny of the majority. No judge is saying that people cannot practice their faith, simply that it cannot be forced upon those who do not believe. To suggest that the judiciary is wrong for refusing to interpret the law based on scripture is complete and utter madness. The Constitution is a secular document, not a religious text, and one which provides for separation of Church and State. Many in this country seem to have forgotten what this means, not least of all our "leaders." During the 2000 campaign, Joseph Lieberman said during a stump speech that "the Constitution guarantees us freedom of religion, not freedom from religion." He could not have been more wrong. Freedom from religion is exactly what the Constitution provides.

I'm convinced that this segment of the religious right is not composed of the majority of the faithful, but represents a small minority of fundamentalists who have hijacked our government. I have to believe that the majority of Americans have the basic sense to understand that religion is a private and personal aspect of our lives, and not one that belongs in the public sphere.

I'll leave you with this to mull over: along the rotunda of the Jefferson Memorial is inscribed, "I have sworn upon the altar of God eternal hostility against every form of tyranny over the mind of man." Jefferson was talking not about colonial rule. He was talking about the Church.

NCAA Hockey Update

2005-03-29T09:43:00.000-05:00

After defeating first round oppoonent Ohio State, 3-2, the Big Red fell to the Minnesota Golden Gophers 2-1 in OT.

Always a contender, but a perennial "we'll be back next year" team. *sigh*

On another note, if you are a reader of his, you may know by know that Publius of Legal Fiction has taken an indefinite hiatus from maintaining his blog. A friend of mine first introduced me to the site some time ago, and I have enjoyed it ever since (you can read his farewell note here.) Here's to hoping for a return, whenever it may be.

NCAA Hockey

2005-03-26T15:47:00.000-05:00

The men's tournament got underway yesterday, with the favorites all coming out ahead. Cornell plays its first round match against Ohio State at 5 pm today. Click here for the bracket.

Call Me Barry Bonds

2005-03-25T13:42:00.000-05:00

I'm tired. Tired of the endless appeals. Tired of the proselytizing about the "culture of life" by the religious right and its complete and utter ignorance of, and contempt for, the rule of law (if they want to live in a place where scripture is law, they can move to Iran). Tired of the ignorance among the punditocracy, and their lack of respect for the proven wishes of Terri Schiavo. Tired of the ignorance and dishonesty of activist GOP legislators. And, harsh as it may sound, tired of the Schindlers' failure to accept the fact that the daughter they once knew and loved is gone, and isn't coming back (but though I do not have a child, as a son with doting parents, I can certainly understand their feelings).

On his blog today, Joe Scarborough writes that "Americans shocked by this macabre chapter in American politics will see the Democrats as the party on the side of death and see George Bush as the defender of defenseless."

If Bush were the morally upright, white knight of the downtrodden Scarborough professes him to be, explain why Bush has done next to nothing to help the millions of American citizens living in poverty, among whom are one-sixth of the nation's children. What has he done to alleviate the healthcare crisis in America, and provide coverage to the estimated 44 million plus without it? Explain to me the rabidly anti-consumer, pro-banking lobby bankruptcy bill Bush recently jammed down legislators' throats, which is poised to add tens of thousands of citizens to the ranks of the poor. Explain his first term tax cut for the rich which has contributed to our record national debt, and has necessitated drastic spending cuts, which has been felt mostly by sorely needed social programs for the poor. And if Democrats are the so-called "party on the side of death," explain the GOP's near unanimous support for capital punishment (one of the right's many hypocrisies, and the one which contributed most to my becoming a Democrat).

This case is not about religion, its not about marriage, and its not about death. Its about privacy and, above all, freedom. The freedom to choose how to live (or not to live) one's own life. Isn't that something that should resonate with the Right? Isn't "freedom on the march?" Or has Bush used the word so often of late that it has lost all meaning?

I could provide numerous links to evidence of the above, but such material can indeed be found (with a little effort) amid the cacophony of the Republican noise machine. And, as I said, I'm tired.

The Madness Continues

2005-03-24T10:37:00.000-05:00

The Schindlers, having lost a second time in the 11th Circuit, have now appealed their case to the Supreme Court. This, after the empty-headed bluster from the Florida Governor's mansion, claiming "new evidence" suggests that Terri Schiavo may have been misdiagnosed and is not in a persistent vegitative state.

What was the "evidence" J.B. pointed to (mentioned here)? The opinion of one Dr. William Cheshire of the Mayo Clinic in Jacksonville, a bioethicist active in a number of Christian organizations, two of which have spoken out against the tube’s removal. Dr. Cheshire's opinion is based on a brief period of observation at Terri's bedside without conducting an examination. This is supposed to qualify as contrary evidence to the diagnosis made by the doctors who have followed Terri for years and have conducted rigorous examinations? A petition to have the state take custody of Schiavo, based on Dr. Cheshire's opinion and tenuous allegations of neglect, is expected to be ruled on this afternoon.

I don't know what's worse: Dr. Cheshire's irresponsible opinion-spouting, or assertions made by Senate Majority Leader Bill Frist. He claims Terri Schiavo is not in a persistent vegitative state, a statement based on his viewing one hour of video made by the Schindlers. Frist is a physician (though he is a cardiac surgeon, not a neurologist), and should understand the impropriety of making a diagnosis without conducting a thorough examination of the patient. On March 20th, Frist even went so far as to claim that "neurologists who have examined her insist today that she is not in a persistent vegetative state", neglecting to mention that those who have testified in court have said exactly the opposite.

Bottom line: After multiple findings of fact, numerous judges have found Terri Schaivo did not wish to have her life artificially sustained. While I can certainly sympathize with the Schindlers' feelings, I believe that her husband is in the unique position to know what Terri's true wishes were. Those in Congress who claim to be speaking for Terri and defending her dignity are doing exactly the opposite. She has suffered the ultimate indignity, having been turned into an object by those who would seek to use her to further their political careers. It is time to let her rest and be at peace. It's what she wanted.

Schiavo Appeals Denied

2005-03-23T09:05:00.000-05:00

The Schindler's have now lost two consecutive appeals in federal court, and have declared their intentions to take their case to the US Supreme Court. You can read the lower court's decision here, and the 11th Circuit's here. An appeal before all twelve members of the 11th Circuit is also a possibility

The Supreme Court has refused to hear this case on more than one occasion, and they would be right in doing so once again, the arguments having been heard and the correct decision reached. I would like to see a published opinion in this matter, however, so that Congress may get the lesson in Constitutional law it so desperately needs. Though given the Rehnquist Court's history of avoiding controversy unelss absolutely necessary, this does not seem very likely to me in this case.

More on Schiavo...

2005-03-21T16:16:00.000-05:00

I was researching the potential legal issues involved in the passage of the so-called "Palm Sunday Compromise" and came across this article posted in Slate today. So I will let Dahlia Lithwick explain, given she is far more competent than I.

A hearing was scheduled before U.S. District Judge James Whittemore for 3 pm today. We'll soon see whether ignorance prevails, or Congress is given a class in constitutional law.

GOP Hypocrisy

2005-03-21T12:24:00.000-05:00

Weren't they supposed to be the party of states rights? Yesterday, Congress passed, and Bush signed a bill allowing the parents of Terri Schiavo to have their case heard in federal court. This follows an order from Florida's highest court to remove the feeding tube keeping her alive, but in a persistent vegitative state.

I guess I shouldn't be surprised. The GOP seems to have no qualms about getting the federal government involved in matters at the state level, despite its "big gov't bad, small gov't good" rhetoric, when they involve issues useful to keeping its Christian-conservative base agitated. The Democrat's attack on this point rings hollow, however, being no champions of small government themselves.

Seems to me, this is no different than Bush's call for a Constitutional amendment banning same-sex marriage at a time when some states were deciding to grant them, despite the fact that such an amendment has little hope of passing. Notice that yesterday's bill applies only to Schiavo's case, allowing "any parent of Theresa Marie Schiavo" to argue her case in federal court. Just as with the marriage amendment, the GOP keeps its base uppity (and motivated for Election Day), but does not have to spend the political capital to accomplish anything of long-lasting or (in this case) wider effect.

Moreover, it's just as hypocritical of the GOP to insert itself into matters which have long been considered the private domain of husband and wife by medical ethicists, when it continuously crows about the sanctity of marriage. Click here for an excellent essay on this case by Arthur Caplan, Ph.D., director of the Center for Bioethics at the University of Pennsylvania, where he discusses the ethical issues underlying Schiavo's case, as well as debunks the villification her husband has suffered at the hands of the Right.

I could go on about the personal political motivations of those who have "championed" this cause - Senate majority leader Bill Frist has made no secret of his presidential ambitions for 2008 - but I'll simply point you here, and for a quick chuckle, here.

Finally, no one should infer because of my lack of comment that I wouldn't condemn the 47 House DINOs (Democrats-in-name-only) who voted in favor of this ridiculous bill.

Big Red Update II

2005-03-20T01:34:00.000-05:00

Cornell took down Harvard last night, 3-1, earning the school its 11th conference title and a trip to the NCAA tourney! The tournament selection show will broadcast on ESPN2 today at 11 am.

Big Red Update

2005-03-19T19:07:00.000-05:00

The Cornell men's hockey team blanked Vermont in the ECACHL semi-final, 3-0. They'll face rival Harvard for the conference title less than an hour from now. No webcast for this one, unfortunately. Lucky you if you've got CSTV.

Secrets and Lies

2005-03-18T14:14:00.000-05:00

Part and parcel of the Bush Administration's dishonesty with the American public, is it's penchant for keeping secrets. We saw this early on with the Cheney-led task force charged with drafting the administration's energy policy. Meetings took place behind closed doors with executives representing electricity, coal, natural gas and nuclear interests, many of whom were generous donors to the Bush campaign. (See this article here, originally published in the LA Times in Aug. '01.) Since then, the Bush Administration has taken the classification of government documents to such unprecedented lengths, even Nixon may have balked at going so far.

Some numbers - Since Bush entered office, the pace of classification activity has increased by 75%. And in fiscal '04, 16 million classification actions were recorded by the Information Security Oversight Office, up from 9 million in fiscal '01. These figures are taken from a piece by Steven Aftergood, director of the Project on Government Secrecy at the Federation of American Scientists, which can be found here, and provides further details on other actions taken by the Bush Administration to restrict access to non-classified documents, as well.

It is safe to assume that this increase is due in large part to security concerns which arose in the wake of 9/11. And I will certainly concede that there are a large number of secrets which must be kept in the interest of national security. Documents related to the construction of nuclear weapons is an obvious example. But when documents that have been available to the public for years, and in some cases decades, start disappearing from view, justified only with vague and amorphous security concerns, we have a serious rot beginning to infect our democracy. Transparency in government, wherever and whenever possible, is one of the keys to a free society. Something (one of many things) upon which the Bush Administration does not seem to have a firm grasp.

Fallen Hero

2005-03-18T09:19:00.000-05:00

Major League Baseball took quite a beating yesterday. Worse than that, however, were Mark McGwire's evasive responses to questioning, earning him (more than once) almost mocking admonishments from the committee members. Not to say that the other players on the panel comported themselves particularly well (Schilling excepted), but no one else in the room could be called a living legend. Yesterday he wasn't one. Click here for a brief recap of each player's testimony.

If you read the sports pages/websites, you get the sense that few people cared about yesterday's proceeding. As one of the many who were brought back to the game by the '98 season, however, with the NY Mets' return to the playoffs after a ten-year absence and the McGwire/Sosa home run chase, the steriod scandal is disillusioning. I feel it would take another generation or two of players before the sport can really be trusted again.

Go Big Red!

On another sports note, the Cornell men's hockey squad plays its ECACHL tournament semifinal game against Vermont today at 4:30 pm. See the free webcast here. Good luck to the Big Red icers in their quest for the 11th conference title in school history, and a shot at the national title!

Republican Whore

2005-03-17T10:50:00.000-05:00

I haven't kept up much with the whole Gannon/Guckert/Talon News story, given that dishonesty with and manipulation of the media is par for the course for the Bush Administration. As well as its say one thing, do something different approach to security issues.

That said, did anyone expect anything different than yesterday's refusal by the House Judiciary Committee to look into the issue? Yet another scandal rolls off the back of the Teflon Don, our President Gotti.

MLB Under Fire

2005-03-17T09:16:00.000-05:00

Congressional hearings concerning sterioid use in Major League Baseball begin today, and I for one am glad to see it. I feel the integrity of the sport has been almost irreparably damaged, and MLB's toothless new testing policy tells me they have little interest in cleaning their own house.

To the players and officials (as well as many fans) who dismiss this as some sort of publicity stunt, let's not forget that this is an off year. None of the committee members is up for re-election in November. Of course, it would be naive of me to think that the committee members did not realize the face time they would get in front of the cameras, but I do not believe that was the primary motivation here. I see a legit public health concern with this issue. Moreover, MLB enjoys an anti-trust exemption, granted by the federal government, which makes them I-don't-know-how-many-more-millions-a-year. Congress certainly has the right to make sure all is above board in this industry, and could pull that exemption if it finds otherwise.

On the other hand, this whole thing could be a waste of everyone's time without the presence of the proverbial 800-pound gorilla from SF.

More later, after we find out who was forthcoming, and who took the 5th.

Welcome

2005-03-16T15:35:00.000-05:00

Seems like everyone and their mother has chosen to express themselves in a blog these days. So here's my leap onto the bandwagon.

The title. I'm not completely happy with it, so if anyone has a better idea, by all means share.

My intention is to use this space to comment on any news story that happens to strike me, ie. angers/frustrates/irritates me, and should anyone happen across this blog, to discuss. This is not to say that I won't be using this space to indulge some of my other passions (books, music, movies, sports, whatever) any time I read/hear/see anything I really enjoy and feel the need to share.

Expect this page to be updated infrequently at first. Given the amount of time I have to keep up with the news, I hope to post three to four times a week. We'll see how it goes. Again, welcome.

'Code' Breaker

Anyway, word from the Vatican today is that Cardinal Bertone is up in arms about the Dan Brown best-seller 'The DaVinci Code,' seemingly viewing it as some anti-Catholic screed. Perhaps. I've read it (and must confess that I did not like it), and don't see it. It's a work of fiction, Cardinal. You certainly have every right to be offended, but freedom of expression is meaningless if we require everyone to engage in self-censorship any time there is the slightest chance we may offend someone by opening our mouths or putting pen to paper.

Is it just me, or does this come a day late and a dollar short? How many millions of copies in print? Not to mention that there are likely more than one or two Catholics who have read 'Code' and enjoyed it. And Republicans say Democrats are out of touch with their constituency? umm....wait.

Lest we forget, doesn't the Vatican have enough on its plate (ailing Pope, pedophile priests) without worrying about a novel? And not a particularly good one, at that.

Mahalo.
(HST, 1937-2005)