Relevant and even prescient commentary on news, politics and the economy.

The Supreme Court rationalize like children or, The US court is selfishness incarnate

So, here is the thing about the arguments the Republicans are making regarding mail ballots based on this article at Slate.

“the court held that Florida’s recount used procedures that violated “the equal dignity owed to each voter.” Because the standards used to recount ballots varied between counties, the court concluded, the process violated the U.S. Constitution’s equal protection clause. “

Being that “equal protection” is the issue as to getting a vote counted on election day such that a vote counted after election day is violating the “equal protection” of said voters on election day, then there is an issue for those who voted prior to election day via mail.

If mailing a ballot is considered a valid means of voting, and the Republicans and their judges are not arguing it is not, then the issue is time. The time issue is that no matter what, the process of mailing just can not deliver anything on the same day of mailing. 24 hours is the minimum.

That I’m allowed to mail a ballot including on the day of the election, but there is no way it can get there on the day of mailing, then to not count my ballot has, in the Bush v Gore ruling removed my equal protection. To force me to make judgement of an entity such as the post office as to how it will handle my mailing with out me having first hand knowledge of the intricacies of it’s processes has placed an undo burden on my right to use the mailing of a ballot as a means to vote.

There is no reasonable way for me to get first hand knowledge of the intricacies of the postal service such that I can make an informed determination as to when to mail the ballot.  However, I should not have to make such a determination.  I am allowed to use the postal system to vote.  I am allowed to use the postal system on election day to mail my ballot.  There is nothing that states I am not allowed too.  Being that is the case, then my vote should be counted.  To not count my vote is to penalize me for the apparent negligent operation of the postal service’s inability to deliver my vote on the same day.   This penalty amounts to the grievous harm of  unequal dignity toward my by my government thus a violation of my equal protection.

I can use the mail to vote. But I can not get the vote delivered on the day of mailing. The court needs to deal with this if they are going to keep insisting that the post mark of mail is not relied on for determining the time of which an official government document is in the hands of the government.

The other issue, is the post office is in the constitution. Thus, it is the government. To argue that a document in the hands of the post office is not in the hands of the government is to deny the post office as an appendage of the government. This creates problems all over the processes of government function. All of them time related.  To deny that my ballot is not delivered when it is in the hands of the post office is to deny that the post office is representative of the US government. They have created a constitutional issue.   That it is not in the hands of the state is not a valid argument as the states are only serving as fiduciaries of the US government as it relates to the US government holding an election.  They are by all intent and purpose one in the same as it relates to the mechanics of operating an election. Thus the post office is by extension the depository for ballots for all states.

See how easy that is?

The latest ruling regarding ballot counting is an example of just how bad our judicial system is. The arguments that are passing for scholarly work are down right childish. The holes are huge. They are always of the same type of hole: massively void of appreciation for vastness of the human experience. These Federalist, originalist view themselves as enlightened as the founders.  They are nothing but selfish children.   I doubt they even know how to change a tire, never mind understanding rotating them.

Tic Tac Toe, Supreme Court style

(This was first posted February 21, 2008.)

Bribes, payola, favor of the physical kind? Forget-about it. Just put the right person in the appropriate agency, preferably a person from the line of business the agency is to regulate. But, for extra insurance over the long haul, with a little luck of timing you get to fix the legal issue almost permanently: supreme court justices.

Justices Make it Tougher to Sue Makers of Medical Devices

The case has significant implications for the $75 billion-a-year health care technology industry, whose products range from heart valves to toothbrushes. In a recent three-month span, federal regulators responded to over 100 safety problems regarding medical devices.

At issue before the Supreme Court was whether the estate of Charles Riegel could sue a company under state law over a device previously cleared for sale by federal regulators. State lawsuits are barred to the extent they would impose requirements that are different from federal requirements, said the ruling by Justice Antonin Scalia.

In dissent, Justice Ruth Bader Ginsburg said that Congress never intended “a radical curtailment of state common-law lawsuits seeking compensation for injuries caused by defectively designed or labeled medical devices.”

Senator Whitehouse lays it all out or: How to hide the Court Packing

This is what I believe Eric Kramer is asking for.  If we are ever going to fix the justice system and ultimately this nation, what Senator Whitehouse presented today needs to be internalized by everyone.

Yes, ACA, abortion, gay marriage.  They are major issue, I have a stake in 2 of them.  But – a big ass BUT – the real game is the machine that has been operating for a very long time and honed to a run as smooth as a screaming F1 engine.  And it’s screaming.  Senator Whitehouse has just educated everyone on the engineering of this engine.

It is reverting.  It should be all over the news.  It should be what the Democratic party et al start pounding during these final weeks of campaigning.  It is the real court packing that has been happening.  Note in this presentation the Republican Congress men that signed court briefs written for them as if they did it out of their own conscience.

And, has Senator Whitehouse notes, this was just the ground work for his questioning of her tomorrow.

Did I see a hint of shame in Barrett’s face?

Why Post Election stealing by Trump is highly unlikely

I stumbled across this article at Electoral-Vote .com.  They have a chart showing the control of the Secretary of States, Legislatures and Executive offices.   They combine that with the current polling in each state and electoral votes.  Their conclusion, more than hell would have to freeze over for Trump and the Atlantic’s article warning of a post election electoral steal to happen.

We have addressed many of the concerns that Davis and Gellman raise, and have been dismissive of most. However, Gellman builds a substantial part of his article around a semi-new concern, one that has gotten particular attention since The Atlantic posted his piece, and one that we would like to address. The general idea is that Team Trump will use the courts (or anything else at their disposal) to throw a wrench into the works, dragging things out, and affording state legislatures the necessary cover to announce that they will just award their state’s electoral votes by themselves, as the Constitution empowers them to do. In the worst case scenario, it could be a repeat of the Election of 1876, when many states submitted two different slates of electors, leaving Congress to figure out which slate to accept.

This analysis seems rather tight.  That being the case, why did the Atlantic not do such analysis.  Would that not have been the proper reporting, the complete reporting of the story?

Do read the article.

People were warned!

I’m certain readers here know this, but… it really needs to be posted.

Rep. Schiff closing remarks of the senate trial of Trump January 23, 2020:

If the truth doesn’t matter, we’re lost. Framers couldn’t protect us from ourselves, if right and truth don’t matter. And you know that what he did was not right. …No constitution can protect us, right doesn’t matter any more. And you know you can’t trust this President to do what’s right for this country. You can trust he will do what’s right for Donald Trump. He’ll do it now. He’s done it before. He’ll do it for the next several months. He’ll do it in the election if he’s allowed to. This is why if you find him guilty, you must find that he should be removed. Because right matters. Because right matters and the truth matters. Otherwise, we are lost.

And it is about time the media starts putting a mic in the faces of the republicans.  This needs to keep happening.

People were warned . . .

Study looks at the course of recovery for Covid 19

This is an interesting study.  This link is to the summary.   There is a link there to the full study.   600 people with active disease of over 2 weeks completed a survey to find out just what people are experiencing with the illness.  I find the following most interesting:

Early testing is crucial, and questions remain around test accuracy: Despite all respondents showing COVID-19 symptoms, 47.8% were either denied testing or not tested for another reason. The main difference between respondents who tested positive and those who tested negative was how early in their illness they were tested (on average day 10 for those testing positive, and day 16 for those testing negative).

Furthermore, the only difference in symptoms between these groups is that those who tested positive reported loss of smell and loss of taste more often, even when controlling for testing time.

It suggests that the test being used is testing for what ever caused the loss of smell/taste. But, if that is not you, you test negative.  It also appears that the longer you are into the disease, the less likely you will test positive.

Both of those combined suggest the need to test for a different marker of the virus as what is being tested for does not react the same in too many cases and may even pass away thus no longer being present.

 

Yes, someone in the Media finally says it…It’s the REPUBLICANS!

 

I have been wondering for a while, when would the media start pointing out that it’s no longer Trump. It is the Republican party. Well, finally.

She asked THE question that needed to be asked: How Long are we going to let him go?  Not that his party would hear her.  Even Joe is cringing at hearing it.  Too Bad Joe!

Moscow Mitch was hoping the fever would break

The closing remarks of Moscow Mitch McConnell statement before the vote to spare Donald John Trump his presidency.

He was talking about “factional fever” that the “framers” referred to as a concern for majorities acting in a partisan manor.  And yet, here we are.

Digital technology as used in today’s campaigning

I just read the this article: Trump’s Digital Advantage is Freaking out Democratic Strategist.   It is a NYT’s opinion piece.

I know and have known about the use of collecting our data to sell us stuff.  The concern for me is that there is almost no way for an individual to stop having their self tracked and mined any more based on this article.  What is worse though than just having it used to sell me stuff is having it used as what clearly has become psych ops.  We are clearly in the subliminal suggestion pathway to influencing personality.

Steven Livingston, a professor of media and public affairs and director of the Institute for Data, Democracy and Politics at George Washington University, has been tracking this sub rosa electioneering in the current election cycle.

Livingston described “these digital shadow campaigns” as “analogous to and perhaps an actual digital manifestation of ‘dark money’ influence campaigns.” In addition, he continued,

Overwhelmingly, these pages and groups do not have ownership declarations or Facebook verifications. We simply do not know what other digital properties might be operated by common sources with the groups. There is money being spent but we don’t know the sources. It is unaccountable spending.

The article notes the difference in expenditures on digital processes between the Trump and Clinton campaign (it was big) and that the Trump campaign has been developing obstructive since. This is the point I present my political ad: Time for the 1% who are still on the left to start spending their money to combat the money infrastructure the right has built.  I’m talking to you Bloomberg and Steyer instead of for office.

Anand Giridharadas in a Dutch interview: Their Parliament’s Finance Committee called him

I found this interesting.  Mr. Giridharadas was invited to discuss his perspective regarding his themes of his book Winners take all.  He was invited by the Dutch Parliament’s Finance Committee to discuss his book.  All 6 parties showed up.  All had been given the book prior and several had read it.   This is a link to the entire 1.5 hour presentation via Youtube.

One of his points that I found most interesting was at 7:13 of the discussion, during his introduction he points out the role the Dutch system has played as a tax shelter inhibiting nation’s like the US to adequately tax.  He notes, that the Dutch have a history of being very egalitarian with their governing approach, but their status as a tax haven is “exporting oligarchy to other countries”.   His assement of the experience of presenting to the committee was that it was a group that was actually interested in learning.   The above link to his twitter documents his thoughts on the experience.

What I am posting here is a link to an interview he did prior to the meeting with the Netherland’s VPRO TV.   A public broadcaster.  Mr Giridharadas position if that we need to stop buying into the economic elite’s position that they are the ones who can solve our problems.  This is especially poignant when they are the ones who captured the economy via government, remaking it in their image thus creating the problems they now profess only they can fix.  Enjoy.

(I tried embedding the video but it just kept disappearing, thus the link.) (Dan here…video after the fold)