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<title>BeldarBlog</title>
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<description>The online journal of a crusty, longwinded trial lawyer, bemused observer of politics, and internet dilettante</description>
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<dc:date>2009-07-07T22:01:26-05:00</dc:date>
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<rdf:li rdf:resource="http://www.beldar.org/beldarblog/2009/05/supermax-prisons-noescape-record-doesnt-answer-concerns-about-moving-gitmo-terrorists-onto-us-soil.html" />
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<rdf:li rdf:resource="http://www.beldar.org/beldarblog/2009/05/holocaust-2.html" />
<rdf:li rdf:resource="http://www.beldar.org/beldarblog/2009/05/review-lowry-kormans-banquos-ghosts.html" />
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<item rdf:about="http://www.beldar.org/beldarblog/2009/07/sotomayor-associates-meh-who-cares.html">
<title>"Sotomayor &amp; Associates" ... meh, who cares?</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/gSZ7sARRUz8/sotomayor-associates-meh-who-cares.html</link>
<description>Nothing has happened since May 26 to make me change my initial take on Pres. Obama's nomination of U.S. Circuit Judge Sonia Sotomayor to fill Justice Souter's seat on the Supreme Court. (That take, in short, was this: Obama would never nominate anyone of whom I approved, and Judge Sotomayor, if confirmed, will vote the same way as Souter has,...</description>
<content:encoded>&lt;p&gt;Nothing has happened since May 26 to make me change my &lt;a href="http://www.beldar.org/beldarblog/2009/05/beldars-initial-take-on-the-sotomayor-nomination.html"&gt;initial take&lt;/a&gt; on Pres. Obama&amp;#39;s nomination of U.S. Circuit Judge Sonia Sotomayor to fill Justice Souter&amp;#39;s seat on the Supreme Court. (That take, in short, was this:&amp;#0160; Obama would never nominate anyone of whom I approved, and Judge Sotomayor, if confirmed, will vote the same way as Souter has, but be no more effective than Souter was (and perhaps less so) at swaying the Court&amp;#39;s swing vote, Kennedy, in close cases. Republicans should use every opportunity to demonstrate how disastrous it is for the country and the Constitution to have liberal Democrats like Obama in a position to pick politically liberal and judicially activist SCOTUS Justices. But expecting to defeat Sotomayor&amp;#39;s nomination is unrealistic unless something big and new comes up from her past, and I&amp;#39;m very grateful Obama didn&amp;#39;t nominate someone who&amp;#39;d be much more effective.)&lt;/p&gt;

&lt;p&gt;Now it appears from a &lt;a href="http://www.nytimes.com/2009/07/07/us/politics/07firm.html"&gt;NYT story&lt;/a&gt; that between 1983 and 1986, on behalf of some friends or friends of friends, Sotomayor wrote a few wills, incorporated a few businesses, or helped skim the closing documents for a few condo sales under the exaggerated firm name of &amp;quot;Sotomayor &amp;amp; Associates&amp;quot; while she was really a full-time employee of the Manhattan D.A.&amp;#39;s office or another law firm. &lt;/p&gt;

&lt;p&gt;I agree with my blogospheric friend and fellow lawyer &lt;a href="http://corner.nationalreview.com/post/?q=ZTQ4YTM5MTk4YjI1YjA2NTI4YzIyMTQ1YmMyNjcxZGY="&gt;Andrew McCarthy&lt;/a&gt; that it doesn&amp;#39;t take a sophisticated legal analysis for anyone, lawyer or layman, to recognize that claiming to be &amp;quot;Sotomayor &amp;amp; Associates&amp;quot; — when you really don&amp;#39;t have any associates — is stupid and misleading.&amp;#0160; It ought not be done. (On this topic more generally, see also &lt;a href="http://www.newyorkpersonalinjuryattorneyblog.com/2009/07/nyt-sotomayor-associates-becomes-issue.html"&gt;Eric Turkewitz&lt;/a&gt;, &lt;a href="http://volokh.com/archives/archive_2009_07_05-2009_07_11.shtml#1247012723"&gt;Jim Lindgren&lt;/a&gt;, &lt;a href="http://pajamasmedia.com/instapundit/81480/"&gt;Glenn&lt;/a&gt; &lt;a href="http://pajamasmedia.com/instapundit/81507/"&gt;Reynolds&lt;/a&gt;, &lt;a href="http://www.legalethicsforum.com/blog/2009/07/sonia-sotomayor-and-associates.html"&gt;John Steele&lt;/a&gt;, and the &lt;a href="http://www.washingtontimes.com/news/2009/jun/24/sotomayors-ethical-oversight/"&gt;Washington Times&lt;/a&gt;,) &lt;/p&gt;



&lt;p&gt;I very, very seriously doubt, however, that lawyer Sotomayor&amp;#39;s transgression in exaggerating the size of her firm ever actually misled anyone. As small potatoes go, this one is pea-sized or smaller. And as misrepresentations with disastrous public consequences go, this one is utterly microscopic in comparison with, for example, almost any one of Obama&amp;#39;s presidential campaign promises, or his own claims to have had significant experience to prepare him for that office.&lt;/p&gt;&lt;p&gt;(Personal disclosure: My own solo law firm — likewise an unincorporated
sole proprietorship whose name is only a d/b/a (albeit one duly registered with Harris County) — is carefully designated &amp;quot;Law
Office of William J. Dyer&amp;quot; on my letterhead, pleadings, website, and elsewhere to avoid implying more than one regular
place of business, more than one lawyer, or any incorporated status
that would potentially limit or complicate my personal liability for
debts of the law practice. It&amp;#39;s a traditional name, but terribly stuffy and
boring. I&amp;#39;d rather simply use &amp;quot;Dyer Legal&amp;quot; to correspond with my &lt;a href="http://www.dyerlegal.com"&gt;business internet URL&lt;/a&gt;,
but the State Bar of Texas — for reasons that are entirely opaque and
directly contrary to the square holding (at &lt;a href="http://www.beldar.org/beldarblog/2009/07/Texans%20Against%20Censorship%20v.%20State%20Bar%20-%20headnote%2015%20%2B%20fn%2012.pdf"&gt;footnote 12 &amp;amp; accompanying text&lt;/a&gt;) of at least one federal district court opinion adopted by the Fifth Circuit — considers that
to be an &lt;a href="http://www.beldar.org/beldarblog/2009/07/2006%20Tex%20BJ%20175%20-%20ARC%20Internal%20Interp%20Comment.pdf"&gt;impermissible &amp;quot;trade name&amp;quot;&lt;/a&gt; which might mislead the public into
thinking that I&amp;#39;m making some representation about the quality of my
legal services as compared to other lawyers, which Texas lawyers are
forbidden to do. I think state bars in general, including my own, have
historically done pathetically bad jobs of preventing genuinely
misleading information about lawyers and their services from being
spread in the marketplace. I also think that they&amp;#39;ve almost completely
defaulted in their obligations to instead ensure that meaningful and
accurate information — information which would help promote informed consumer
decisions, and which would tend to drive out misinformation — is constantly available to the public in usable forms. There ought to be no
commercial market for an advertising-sponsored legal information-gathering and
-distributing service like &lt;a href="http://www.avvo.com"&gt;Avvo.com&lt;/a&gt;, for example,
because state bars, individually or (better) collectively, ought to
have already done all that and more, and have done it much better, via
the internet. Which is to say, on this set of legal ethics/public
interest issues, I&amp;#39;m a self-interested, grumpy curmudgeon, but not
entirely a traditionalist. I &lt;em&gt;do&lt;/em&gt; care about these issues, in other words, but I don&amp;#39;t think they matter much in the context of the Sotomayor nomination.)&lt;/p&gt;</content:encoded>

<dc:subject>Congress</dc:subject>
<dc:subject>Law (2009)</dc:subject>
<dc:subject>Politics (2009)</dc:subject>
<dc:subject>SCOTUS &amp; federal courts</dc:subject>
<dc:subject>Web/Tech</dc:subject>

<dc:creator>Beldar</dc:creator>
<dc:date>2009-07-07T22:01:26-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/07/sotomayor-associates-meh-who-cares.html</feedburner:origLink></item>
<item rdf:about="http://www.beldar.org/beldarblog/2009/06/in-memorium-james-dillard-dyer-jr-12242262209.html">
<title>In memorium:  James Dillard Dyer, Jr. (12/24/22 to 6/22/09)</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/_qd7Xm1q27Q/in-memorium-james-dillard-dyer-jr-12242262209.html</link>
<description>[As written and released for publication in the Lamesa [Texas] Press-Reporter, Lubbock Avalanche-Journal, and other west Texas publications, by his family:] Lamesa native and life-long resident James Dillard Dyer, Jr. — a World War II veteran who became a long-time merchant and civic leader — died peacefully in his sleep during the early morning hours of Monday, June 22, 2009....</description>
<content:encoded>&lt;p&gt;[As written and released for publication in the Lamesa [Texas] Press-Reporter, &lt;a href="http://lubbockonline.com/stories/062409/obi_453814190.shtml"&gt;Lubbock Avalanche-Journal&lt;/a&gt;, and other west Texas publications, by his family:]&lt;/p&gt;

&lt;p&gt;Lamesa native and life-long resident &lt;strong&gt;James Dillard Dyer, Jr.&lt;/strong&gt; — a World War II veteran who became a long-time merchant and civic leader — died peacefully in his sleep during the early morning hours of Monday, June 22, 2009. He was 86 years old.&lt;/p&gt;

&lt;p&gt;Born on Christmas Eve of 1922, J.D. Dyer, Jr. was the oldest son of prominent Lamesa school-teacher, postmaster, and merchant J.D. Dyer, Sr. and his wife Emma Lee Dyer. As a 1940 graduate of Lamesa High School, young Dyer — sometimes known to friends as “Jo-Do” due to his initials — had been president of his senior class and active in the high school band and debate. Dyer volunteered for the Naval Reserve Officer Training Corps at the University of Texas even before the attack on Pearl Harbor, and through an accelerated curriculum, he earned both his Bachelor of Business Administration degree and his commission as an Ensign in the United States Naval Reserve on the same day — February 29, 1944.&lt;/p&gt;

&lt;p&gt;Dyer was immediately activated to duty and assigned to the U.S.S. &lt;em&gt;Zeilin&lt;/em&gt; (APA-3), an amphibious attack transport which served as a relief flagship for the Commander Amphibious Force, Pacific Fleet. Dyer caught up to the ship in March 1944, and he commanded one of its landing craft, putting troops ashore under fire, during the Battle of Guam in July 1944. “Tex” Dyer was among the junior officers on the bridge on February 13, 1945 — when the &lt;em&gt;Zeilin&lt;/em&gt; survived a kamikaze strike that left dozens killed and wounded — and his service included both the invasion of Luzon in January and the landing of reinforcements at the Battle of Iwo Jima in March 1945. Slated to participate in the invasion of Japan, Dyer and the &lt;em&gt;Zeilin&lt;/em&gt; were at Eniwetok in the Marshall Islands in August when the atomic bombs ended the war. After further service on the &lt;em&gt;Zeilin&lt;/em&gt; moving troops from various Pacific bases to Okinawa and Korea, Dyer was released from active duty in February 1946 as a Lieutenant (Junior Grade). He attended several happy reunions of the crew and extended family of the “Mighty Z” during the 1980s and 1990s as America belatedly began to recognize properly what Tom Brokaw has called “The Greatest Generation.”&lt;/p&gt;

&lt;p&gt;After brief stints with the Texas-New Mexico Pipeline Co. and the State Reserve Life Insurance Co., Dyer returned to Lamesa to take over his father’s business, then known as Dyer Hardware &amp;amp; Auto Supply. Over the next 30-odd years and at several locations, that business evolved to become Dyer Appliance and then Dyer Furniture &amp;amp; Appliance — selling iconic American brands like Zenith, Frigidaire, Maytag, and Sealy to generations of Dawson County families under the motto “We Service What We Sell.” Along with Karl Cayton and Paul Edgmon, Dyer was also a founding principal in the original Lamesa Cable T.V. Company.&lt;/p&gt;

&lt;p&gt;Dyer married Lamesa native Helen F. Pope in 1947, and together they reared their daughter and two sons before they divorced. In 1974, Dyer married Odessa L. Williamson of Levelland. Before her death in 2003, J.D. and Odessa led an active retired life that included many international tours with the “Flying Longhorns” of the U.T. Ex-Students’ Association (of which they were both Life Members). Dyer’s hobbies in his later years included the planting and care of what became the formidable orchard surrounding his home on Skyline Drive.&lt;/p&gt;

&lt;p&gt;&lt;a style="float: right;" href="http://www.beldar.org/.a/6a00d834515edc69e20115714ee247970b-pi"&gt;&lt;img class="at-xid-6a00d834515edc69e20115714ee247970b" alt="J.D. Dyer, Jr." title="J.D. Dyer, Jr." src="http://www.beldar.org/.a/6a00d834515edc69e20115714ee247970b-800wi" border="0" style="margin: 0px 0px 10px 15px;" /&gt;&lt;/a&gt;&lt;strong&gt;Service — through city government, and through civic and charitable organizations — played a continuous and vital part of J.D. Dyer’s life.&lt;/strong&gt; He served on the Lamesa City Council from 1955-1958 and as Mayor of Lamesa from 1958-1959. A multi-decade member of the Lamesa Chamber of Commerce, Dyer served as its President in 1969. Dyer also served in leadership roles over the years in various local and regional organizations to promote the development of U.S. Highway 87 and to secure clean, safe drinking water for Lamesa and its surrounding area. Dyer was also among the original organizers and continual supporters of the Lamesa High School Golden Tornado Jubilee Reunions, and he served as chairman of the 1975 Jubilee.&lt;/p&gt; 

&lt;p&gt;In high school, Dyer had earned the rank of Eagle Scout and was inducted into the Order of the Arrow in what was first known as “Troop 1,” then “Troop 22,” and then “Troop 722” — the Boy Scout troop founded by his father in 1921 and then led for many years thereafter by the late Joseph N. Spikes. Dyer’s lifelong support of and contributions to Scouting were recognized by the South Plains Council of the Boy Scouts of America with the Silver Beaver Award in 1964. Dyer also was a multi-decade member and leader of the Lamesa Noon Lions Club and Lions Club International. He served many terms in various offices (including President) in the local club, and as District Governor of Lions District 2-T2 in 1960-1961. With his family, he attended many state, national, and international Lions Club conventions across the U.S. and abroad, and he was an active supporter of such programs as the Texas Lions Camp at Kerrville.&lt;/p&gt;

&lt;p&gt;Dyer was raised as a member of the First Christian Church of Lamesa, and he served among its deacons and elders while married to Helen. Later, he and Odessa were joyous and proud members of the First Presbyterian Church of Lamesa, where funeral services will be held at 11:00 a.m. on Thursday, June 25. &lt;/p&gt;

&lt;p&gt;J.D. Dyer, Jr. was preceded in death by his parents and by his younger sister and brother, Mrs. Tennie Marie Dyer Lengel of Dallas and Dr. Royce Dyer of Lamesa. He is survived by his younger sister, Mrs. Jean Dyer Brower of Lamesa, and by three children — his daughter, Mrs. Gwen Dyer Johnson of Austin (and her husband Jimmy); his son, Dr. James R. Dyer of Argyle (and his wife Shelli); and his son, William J. Dyer of Houston. He is also survived by eight grandchildren (Jeffrey, Liana, David, Grace, Kevin, Sarah, Adam, and Molly), four great-grandchildren (Jared, Laura, Price, and Jemma), and many other cherished relatives and life-long friends. For anyone inclined toward making a charitable donation in J.D. Dyer’s memory, the family has suggested the Boy Scouts of America (&lt;a href="http://www.scouting.org"&gt;www.scouting.org&lt;/a&gt;), the Texas Lions Camp in Kerrville (&lt;a href="http://www.lionscamp.com"&gt;www.lionscamp.com&lt;/a&gt;), or the Dal Paso Museum in Lamesa.&lt;/p&gt;</content:encoded>

<dc:subject>Family</dc:subject>

<dc:creator>Beldar</dc:creator>
<dc:date>2009-06-22T17:33:28-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/06/in-memorium-james-dillard-dyer-jr-12242262209.html</feedburner:origLink></item>
<item rdf:about="http://www.beldar.org/beldarblog/2009/06/potus-as-the-great-defender-of-the-faith.html">
<title>POTUS as the Great Defender of the Faith</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/KrGgrebhvBg/potus-as-the-great-defender-of-the-faith.html</link>
<description>Did you have the same reaction that I did back in 2001 when — in an official speech specifically directed to the Christian world during one of his trips to the Middle East, a speech whose official theme was "A New Beginning" — President George W. Bush firmly rejected the constitutional separation of church and state, and instead proclaimed that...</description>
<content:encoded>&lt;p&gt;Did you have the same reaction that I did back in 2001 when — in an &lt;a href="http://www.whitehouse.gov/the_press_office/Remarks-by-the-President-at-Cairo-University-6-04-09/"&gt;official speech&lt;/a&gt; specifically directed to the Christian world during one of his trips to the Middle East, a speech whose official theme was &amp;quot;A New Beginning&amp;quot; — President George W. Bush firmly rejected the constitutional separation of church and state, and instead proclaimed that his official duties included the defense and promotion of one religion (emphasis mine):&lt;/p&gt;

&lt;blockquote&gt;&lt;p&gt;So I have known Christianity on three continents before coming to the region where it was first revealed. That experience guides my conviction that partnership between America and Christianity must be based on what Christianity is, not what it isn&amp;#39;t. And &lt;strong&gt;I consider it part of my responsibility as President of the United States to fight against negative stereotypes of Christianity wherever they appear.&lt;/strong&gt; (Applause.)&lt;/p&gt;&lt;/blockquote&gt;

&lt;p&gt;Except ...&lt;/p&gt;

&lt;p&gt;That was actually today, not 2001. It was President Obama, not President Bush. And it was Islam, not Christianity.&lt;/p&gt;

&lt;p&gt;It&amp;#39;s fine for an American President to try to understand, respect, and avoid giving unnecessary offense to Muslims, in or outside of America. But pandering to them is unseemly. And pretending that &amp;quot;fight[ing] against negative sterotypes of Islam wherever they appear&amp;quot; is &amp;quot;part of [the] responsibility [of the] President of the United States&amp;quot; is &lt;em&gt;grotesque&lt;/em&gt;. Did our self-proclaimed former professor of constitutional law actually read this speech before he delivered it from his teleprompter? If he did, then that raises the question: Has he actually read his present job description, or the rest of the Constitution and its amendments?&lt;/p&gt;

&lt;p&gt;---------------------------&lt;/p&gt;

&lt;p&gt;&lt;strong&gt;UPDATE&lt;/strong&gt; (Mon Jun 8 @ 7:40pm): As commenter K~Bob &lt;a href="http://www.beldar.org/beldarblog/2009/06/potus-as-the-great-defender-of-the-faith.html#c6a00d834515edc69e201156fd30352970c"&gt;mentioned below&lt;/a&gt;, Houston-based talk-radio host (and AM Operations Manager for Clearchannel AM stations KTRH, KPRC, and KBME) Michael Berry, guest-hosting for Mark Levin on his syndicated national radio show last Friday, twice referenced and read approvingly from this post on the air. Mr. Berry was kind enough to phone me today and also to send me a &lt;a href="http://a1135.g.akamai.net/f/1135/18227/1h/cchannel.download.akamai.com/18227/podcast/HOUSTON-TX/KTRH-AM/06052009MBpodcast1_1.mp3?CPROG=PCAST&amp;amp;MARKET=HOUSTON-TX&amp;amp;NG_FORMAT=newssports&amp;amp;SITE_ID=700&amp;amp;STATION_ID=KTRH-AM&amp;amp;PCAST_AUTHOR=KTRH&amp;amp;PCAST_CAT=News_%26_Politics&amp;amp;PCAST_TITLE=Michael_Berry_Podcast"&gt;link&lt;/a&gt; to a podcast of the broadcast, for all of which I&amp;#39;m genuinely grateful!&lt;/p&gt;</content:encoded>

<dc:subject>Current Affairs</dc:subject>
<dc:subject>Law (2009)</dc:subject>
<dc:subject>Obama</dc:subject>
<dc:subject>Politics (2009)</dc:subject>
<dc:subject>Religion</dc:subject>

<dc:creator>Beldar</dc:creator>
<dc:date>2009-06-04T22:25:36-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/06/potus-as-the-great-defender-of-the-faith.html</feedburner:origLink></item>
<item rdf:about="http://www.beldar.org/beldarblog/2009/05/beldars-initial-take-on-the-sotomayor-nomination.html">
<title>Beldar's initial take on the Sotomayor nomination</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/MUBsDrj0h2A/beldars-initial-take-on-the-sotomayor-nomination.html</link>
<description>Elections have consequences and, as he's prone to remind us, Obama won. I firmly believe that the President of the United States has the right to choose who he wants as his nominees to the Supreme Court, and that the Senate, in its advice and consent role, ought to confirm those nominees unless they're objectively unqualified. Of course that is...</description>
<content:encoded>&lt;p&gt;Elections have consequences and, as he&amp;#39;s prone to remind us, Obama won. I firmly believe that the President of the United States has the right to choose who he wants as his nominees to the Supreme Court, and that the Senate, in its advice and consent role, ought to confirm those nominees unless they&amp;#39;re objectively unqualified. Of course that is not the rule Obama, Biden, or Clinton followed as senators; but notwithstanding their perfidy, and the fact that such perfidy is more typical of their party than of the GOP, I still think the GOP senators did the right thing when, for instance, the Senate approved President Clinton&amp;#39;s nomination of Ruth Bader Ginsburg by a vote of 96 to 3 in 1993. And yes, of course John Roberts ought to have been confirmed as Chief Justice by at least that kind of margin, and yes the Dems who voted against him are unprincipled hyper-partisan bastards. So what else is new?&lt;/p&gt;

&lt;p&gt;(An aside, apropos of very little: When I was puttering around my father&amp;#39;s house during a visit to my hometown in January, I happened upon an unbound issue of the &lt;em&gt;Texas Law Review&lt;/em&gt; — specifically, Volume 57, No. 6, dated August 1979. It was on my non-lawyer father&amp;#39;s bookshelf — and it&amp;#39;s certainly the only legal periodical to be found anywhere in the house — because it contains my one and only published law review article (or, more technically, my &amp;quot;student note&amp;quot; that I wrote as a second-year law student and new member of the &lt;em&gt;Review&lt;/em&gt;). I hadn&amp;#39;t looked at that issue, though, since some time in the early 1980s, and I had quite forgotten that one of the lead articles in that issue was entitled &amp;quot;Ratification of the Equal Rights Amendment: A Question of Time.&amp;quot; The author? Ruth Bader Ginsburg, then a professor at Columbia Law School.)&lt;/p&gt;

&lt;p&gt;In any event, there&amp;#39;s never been any chance that President Obama would nominate a replacement for Associate Justice David Souter of whom I would thoroughly approve, or mostly approve, or even much like. Nor has there ever been a realistic chance that someone with the minimal objective qualifications could be effectively filibustered, much less defeated in an up-or-down confirmation vote, given the current composition of the Senate. As a practical matter, the most that conservative GOP senators could realistically hope for is to nudge whoever Obama nominated out onto some long and slender limbs during her confirmation hearings — possibly generating some pithy sound-bites that can legitimately become grist for the public mill when the GOP asks the American public again in 2010 and 2012, &amp;quot;Do you really want the Democrats to have such a free hand in putting &lt;em&gt;this&lt;/em&gt; kind of person onto the federal bench?&amp;quot; And that&amp;#39;s still a goal that&amp;#39;s definitely worth pursuing, especially if the GOP members of the Judiciary Committee can treat their own rampant and chronic cases of &amp;quot;senatoritis&amp;quot; (that is, making speeches rather than actually asking pithy and comprehensible questions which will genuinely probe the nominee&amp;#39;s beliefs and judicial temperament).&lt;/p&gt; 

&lt;p&gt;Based upon what I know of her so far, in &lt;a href="http://www.fjc.gov/servlet/tGetInfo?jid=2243"&gt;U.S. Circuit Judge Sonya Sotomayor&lt;/a&gt;, Obama seems to have passed the &amp;quot;minimum objective qualifications&amp;quot; bar. This is no surprise, no more than the fact that this is a blatantly racist and sexist selection made to appease the Democratic Party&amp;#39;s loathsome identity politics. However, Karl Rove made a good point on one of the Sunday talking head shows this weekend when he pointed out that the Obama Administration can&amp;#39;t possibly have vetted her (or any of the other finalists) nearly as thoroughly as the Bush-43 Administration had vetted Roberts and Alito, so I reserve the right to change my opinion if some significant disqualifying facts pop out now that she&amp;#39;s under everyone&amp;#39;s microscope.&lt;/p&gt;

&lt;p&gt;Beyond that, my main reaction to the Sotomayor nomination is actually a sigh of &lt;em&gt;relief&lt;/em&gt;. This is guesswork on my part, mind you. But from what I know of them, &lt;strong&gt;my strong gut hunch is that either of the other two purported &amp;quot;finalists&amp;quot; whose names had been floated in the press — newly confirmed U.S. Solicitor General Elena Kagan or U.S. Circuit Judge Diane Wood of the Seventh Circuit — had significantly greater potential to become extremely effective in influencing Mr. Justice Anthony &amp;quot;Sweet Mystery of Life&amp;quot; Kennedy.&lt;/strong&gt; (Indeed, the potential nominee I feared the most, and for that very reason, was Obama buddy &lt;a href="http://en.wikipedia.org/wiki/Cass_Sunstein"&gt;Cass Sunstein&lt;/a&gt;, who I think would have absolutely &lt;em&gt;owned&lt;/em&gt; Anthony Kennedy within his first six months on the Court.) Had Obama chosen someone likely to become particularly influential with Justice Kennedy, that could have made a significant, and oftentimes outcome-determinative, difference on some substantial portion of the very close decisions on the Court over the next several years, even if we assume that the new junior-most Justice will mostly vote as we expect Justice Souter would have done. I don&amp;#39;t think Justice Souter has been especially effective in influencing Justice Kennedy, however, and I don&amp;#39;t have any reason to believe that Judge Sotomayor, if confirmed to the SCOTUS, will be either.&lt;/p&gt;</content:encoded>

<dc:subject>Congress</dc:subject>
<dc:subject>Law (2009)</dc:subject>
<dc:subject>Obama</dc:subject>
<dc:subject>Politics (2009)</dc:subject>
<dc:subject>SCOTUS &amp; federal courts</dc:subject>

<dc:creator>Beldar</dc:creator>
<dc:date>2009-05-26T19:15:45-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/05/beldars-initial-take-on-the-sotomayor-nomination.html</feedburner:origLink></item>
<item rdf:about="http://www.beldar.org/beldarblog/2009/05/supermax-prisons-noescape-record-doesnt-answer-concerns-about-moving-gitmo-terrorists-onto-us-soil.html">
<title>Supermax prisons' no-escape record doesn't answer concerns about moving Gitmo terrorists onto U.S. soil</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/wWYLBeBqetg/supermax-prisons-noescape-record-doesnt-answer-concerns-about-moving-gitmo-terrorists-onto-us-soil.html</link>
<description>I'm already very tired of hearing the stupidest new talking point of the mainstream media: "Why worry about bringing terrorists from Gitmo to the mainland U.S., when we've never had a single escape from a federal 'Supermax' prison?" Duh. This is the sort of 9/10/01 thinking, the sort of "treat global terrorism like a domestic law enforcement problem," that is...</description>
<content:encoded>&lt;p&gt;I&amp;#39;m already very tired of hearing the stupidest new talking point of the mainstream media: &amp;quot;Why worry about bringing terrorists from Gitmo to the mainland U.S., when we&amp;#39;ve never had a single escape from a federal &amp;#39;Supermax&amp;#39; prison?&amp;quot; Duh. This is the sort of 9/10/01 thinking, the sort of &amp;quot;treat global terrorism like a domestic law enforcement problem,&amp;quot; that is going to get people killed.&lt;/p&gt;

&lt;p&gt;The risk isn&amp;#39;t just, or even primarily, that the terrorists will escape, or that they&amp;#39;ll misbehave while in custody, although those are indeed considerable risks that ought not be dismissed out of hand. Nor is the risk just, or even primarily, that being on U.S. soil will strengthen the prisoners&amp;#39; potential legal claims and defenses — although that&amp;#39;s a considerable risk, too.&lt;/p&gt;

&lt;p&gt;Rather, the most serious risk is that the same type of terrorist organization that mounted a simultaneous four-plane multi-state flying bomb assault on the Twin Towers and the Pentagon on 9/11/01 would welcome the opportunity to assault any holding facility on American soil, or whatever community was closest thereto, &lt;em&gt;in an attempt to force the captured terrorists&amp;#39; release&lt;/em&gt;. Simply put, friends and neighbors: &lt;strong&gt;Any holding facility for radical Islamic terrorists on American soil would be a target and a potential &amp;quot;rescue mission&amp;quot; for which al Qaeda or its like would delightedly create dozens or hundreds of new &amp;quot;martyrs&amp;quot; from among their own ranks.&lt;/strong&gt;&lt;/p&gt;

&lt;p&gt;Right now — as has been continuously true since the first prisoners were shipped there after we began operating against the Taliban in Afghanistan — these terrorists&amp;#39; would-be &amp;quot;rescuers&amp;quot; can&amp;#39;t assault Gitmo without first getting to Cuba and then defeating the U.S. Navy and Marine Corps at sea, on land, and in the air. That&amp;#39;s not the kind of fight they want; those aren&amp;#39;t the kind of logistical hurdles they can ever overcome. &lt;strong&gt;Keeping all the captured terrorists at Gitmo, in other words, has played directly to our strongest suit as a nation — our superb, unparalleled, and highly professional military strength as continuously projected in a place of our choosing without risk of collateral casualties among American civilians.&lt;/strong&gt;&lt;/p&gt;

&lt;p&gt;But once the scene shifts to American soil, we lose virtually all of that combination of power and flexibility, and surrender back to the terrorists all the advantages upon which they regularly depend. Getting into the U.S., or using &amp;quot;sleepers&amp;quot; already here? In a fight against some local sheriffs or prison guards armed mostly with revolvers and tasers (perhaps supplemented with shotguns or even a few assault rifles, but no heavy weaponry at all)? With the fighting to take place in or even near any American population center? &lt;em&gt;Can the Obama Administration possibly be so stupid as to forfeit all of our own advantages, and give all of the terrorists&amp;#39; advantages back to them?&lt;/em&gt; Can they do that for no better reason than to placate the idiots on the Hard Left who still have failed to heed the warnings on those Viagra/Levitra commercials? (Their hard-ons for George W. Bush have lasted now for substantially more than four hours — indeed, for more than eight years! — but they&amp;#39;re still not seeking immediate medical, which is to say, psychiatric, attention.) I&amp;#39;m very afraid that the Obama Administration&amp;#39;s answer to these questions may remain: &amp;quot;Yes we can!&amp;quot; (Followed by, &amp;quot;Shut up! We won.&amp;quot;)&lt;/p&gt;

&lt;p&gt;If instead you distribute the current Gitmo prisoners among many American locations, you still forfeit all of the advantages of Gitmo, while simply multiplying the number of potential targets that we have to protect, and without significantly diminishing the potential propaganda rewards to their would-be terrorist rescuers from even a single assault. Their international publicity coup would be about the same — humiliating the &amp;quot;Great Satan&amp;quot; again on its own soil — whether they sprang two prisoners or two hundred. And for that matter, their PR purposes don&amp;#39;t require them to actually succeed in the rescue attempt, just to get a lot of non-terrorists killed too.&lt;/p&gt;

&lt;p&gt;As for why domestic history with merely criminal organizations isn&amp;#39;t instructive: The Mafia, or the Colombian drug-lords, or whatever other allies there may be of those who&amp;#39;ve been successfully held in Supermax and other American civilian prisons, generally aren&amp;#39;t willing to engage in &lt;em&gt;mass suicides&lt;/em&gt; to free their incarcerated compadres. Nor are they inclined to try to kill thousands of American civilians in the process of effecting a rescue. &amp;quot;Terrorism&amp;quot; is a sideshow for them, a temporary and small-scale means to generate financial profit. And while they have money and access to at least paramilitary weapons, they don&amp;#39;t have the kind of rogue state support (think Iran and potentially North Korea) that may be available to our enemies in the &lt;strike&gt;Global War on Terrorism&lt;/strike&gt; — ummm, errr, Global War on Man-Caused Disaster-Creators.&lt;/p&gt;

&lt;p&gt;Security for the terrorists now being held at Gitmo, in short, isn&amp;#39;t just a question of &amp;quot;keeping them in.&amp;quot; It&amp;#39;s necessarily a question of keeping them where they can&amp;#39;t get to others &lt;em&gt;and&lt;/em&gt; others can&amp;#39;t get to them — or anywhere remotely close to them.&lt;/p&gt;</content:encoded>

<dc:subject>Global War on Terror</dc:subject>
<dc:subject>Law (2009)</dc:subject>
<dc:subject>Politics (2009)</dc:subject>
<dc:subject>SCOTUS &amp; federal courts</dc:subject>

<dc:creator>Beldar</dc:creator>
<dc:date>2009-05-20T18:40:13-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/05/supermax-prisons-noescape-record-doesnt-answer-concerns-about-moving-gitmo-terrorists-onto-us-soil.html</feedburner:origLink></item>
<item rdf:about="http://www.beldar.org/beldarblog/2009/05/obamas-budget-smart-people-decided-what-we-need-to-do-with-no-limits-and-no-concern-about-revenues.html">
<title>Obama's budget: "Smart people" decided "what we need to do," with no limits and no concern about revenues or deficits</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/g-A_1cM1g38/obamas-budget-smart-people-decided-what-we-need-to-do-with-no-limits-and-no-concern-about-revenues.html</link>
<description>It's a couple of weeks old now, but I just caught up enough in my magazine reading to reach Ryan Lizza's article in the May 4th New Yorker entitled Money Talks, a report on how the Obama Administration has gone about preparing the federal budget. And as is so often the case in New Yorker articles, what stuns me about...</description>
<content:encoded>&lt;p&gt;It&amp;#39;s a couple of weeks old now, but I just caught up enough in my magazine reading to reach Ryan Lizza&amp;#39;s article in the May 4th New Yorker entitled &lt;a href="http://www.newyorker.com/reporting/2009/05/04/090504fa_fact_lizza?currentPage=all"&gt;Money Talks&lt;/a&gt;, a report on how the Obama Administration has gone about preparing the federal budget. And as is so often the case in New Yorker articles, what stuns me about this one is its reporting of facts that strike me as extraordinary and alarming, but which apparently fail to register on the Left&amp;#39;s consciousness as being anything abnormal. (If they&amp;#39;re noticed at all by the Left, they&amp;#39;re &lt;a href="http://douglemoine.com/2009/05/core-beliefs/"&gt;considered admirable&lt;/a&gt;.) Consider these two paragraphs tucked into the middle of the article (boldface mine, italics in original):&lt;/p&gt;

&lt;blockquote&gt;&lt;p&gt;The initial discussions were highly abstract. The first Obama budget, [OMB Deputy Director Robert] Nabors told me, “was being designed with an eye toward what do we need to do to put the economy back on a more sustainable path? What do we need for economic growth? And what do we need to do in order to transform the country? Those were our overarching principles.” The budgeteers took a hyper-rational approach, attempting to determine policy and leave the politics and spin for later. He went on, &lt;strong&gt;“One of the things that would probably surprise people is that this wasn’t an effort where anybody created a top-line budget number and said, ‘This is the number that we have to hit, and that’s just that, and we’ll fit everything else in.’ Or, ‘We can’t go higher than &lt;em&gt;x&lt;/em&gt; on revenue,’ or, ‘We can’t go higher than &lt;em&gt;y&lt;/em&gt; on spending.’&lt;/strong&gt; It was more of a functional budget than anything else: ‘This is what we need to do. These are our principles. &lt;strong&gt;These are our core beliefs. And as a result this is what our budget looks like.’”&lt;/strong&gt;&lt;/p&gt;

&lt;p&gt;Nabors compared the process favorably to his experience on Capitol Hill, saying, “One of the things that was really surprising to me is the amount of value that was put into analytics and academics, and thinking constructively about a project. I’m not saying that people completely ignored the Hill reaction or the public reaction, but we began with: &lt;strong&gt;‘This is what smart people are saying about this, and this is why.’&amp;quot;&lt;/strong&gt;&lt;/p&gt;&lt;/blockquote&gt;

&lt;p&gt;Got that? You understand now how the Obama budget came about? Based on their &amp;quot;core beliefs,&amp;quot; the &amp;quot;smart people&amp;quot; simply decided &amp;quot;what we need to do,&amp;quot; and that&amp;#39;s how much the federal government will now spend — with no effort being made to base the budget on what revenues the government may take in, and with no &amp;quot;top-line budget number&amp;quot; to limit the appetites of those &amp;quot;smart people&amp;quot; as they set about to vindicate their &amp;quot;principles&amp;quot; by hurling huge chunks of federal cash in their general direction. (Or did Nabors really mean &amp;quot;principals&amp;quot;?)&lt;/p&gt;

&lt;p&gt;In other words, from the mouth of a senior Obama Administration official, as reported in a respected Leftist publication: &lt;em&gt;There was no &lt;strong&gt;budgeting process&lt;/strong&gt;, there was just a spending spree driven by political beliefs. &lt;/em&gt;&lt;/p&gt;

&lt;p&gt;So thanks, Mr. Lizza, for those direct quotations. They explain a lot, and they completely validate conservatives&amp;#39; worst fears. You almost certainly intended this reporting to paint the bold new Obama team as principled and sublimely competent architects of a fair new society. It&amp;#39;s darkly amusing to me that you can&amp;#39;t see that you&amp;#39;ve instead confirmed them to be worse than the worst caricature of spendthrift Democrats that any fiscal conservative of either party has ever dreamed up.&lt;/p&gt;

&lt;p&gt;(The balance of the article is equally terrifying, for essentially the same reasons. E.g.: &amp;quot;[A] balanced budget is not something that is fiscally conceivable without fundamentally just deconstructing the federal government&amp;quot; and &amp;quot;Obama’s budget assumes that, even after the recession passes, the government can live with deficits indefinitely.&amp;quot; It&amp;#39;s a tedious tale of unrelenting irresponsibility, the proud internal newsletter of an asylum written after the inmates have taken over.)&lt;/p&gt;</content:encoded>

<dc:subject>Current Affairs</dc:subject>
<dc:subject>Obama</dc:subject>
<dc:subject>Politics (2009)</dc:subject>

<dc:creator>Beldar</dc:creator>
<dc:date>2009-05-14T03:30:13-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/05/obamas-budget-smart-people-decided-what-we-need-to-do-with-no-limits-and-no-concern-about-revenues.html</feedburner:origLink></item>
<item rdf:about="http://www.beldar.org/beldarblog/2009/05/beldar-on-posner-on-conservatism.html">
<title>Beldar on Posner on conservatism</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/_cl2PVgJ9hc/beldar-on-posner-on-conservatism.html</link>
<description>U.S. Circuit Judge Richard Posner of the Seventh Circuit is a fine jurist, and a profound thinker and writer on matters economic and legal. To the extent he and Barack Obama rubbed an occasional elbow as part-time faculty at Chicago Law School, he's probably as close to a "conservative" as the latter encountered — but that's very much a comment...</description>
<content:encoded>&lt;p&gt;U.S. Circuit Judge Richard Posner of the Seventh Circuit is a fine jurist, and a profound thinker and writer on matters economic and legal. To the extent he and Barack Obama rubbed an occasional elbow as part-time faculty at Chicago Law School, he's probably as close to a "conservative" as the latter encountered — but that's very much a comment on the particular brand of economic (which is to say, important but restricted) conservatism associated with that law school and its host university. Nevertheless, Judge Posner has earned wide respect, and so I read with interest and an open mind &lt;a href="http://www.becker-posner-blog.com/archives/2009/05/is_the_conserva.html"&gt;this post&lt;/a&gt; on his blog in which he attempts to explore the question of whether the "conservative movement" is "losing steam."&lt;/p&gt;

&lt;p&gt;Unfortunately, as Judge Posner has softened and dialed back his focus to consider, as he puts it, the "conservative movement" beyond the matters of his particular expertise and experience, he's offered up a very shallow critique that's essentially indistinguishable from that which a particularly bright member of the mainstream media — but someone informed &lt;em&gt;only by the mainstream media&lt;/em&gt;, and disinclined to dig beneath its canards and biases — would create while ostensibly trying to stand in the shoes of conservatives:&lt;/p&gt;

&lt;blockquote&gt;&lt;p&gt;By the end of the Clinton administration, I was content to celebrate the triumph of conservatism as I understood it, and had no desire for other than incremental changes in the economic and social structure of the United States. I saw no need for the estate tax to be abolished, marginal personal-income tax rates further reduced, the government shrunk, pragmatism in constitutional law jettisoned in favor of "originalism," the rights of gun owners enlarged, our military posture strengthened, the rise of homosexual rights resisted, or the role of religion in the public sphere expanded. All these became causes embraced by the new conservatism that crested with the reelection of Bush in 2004.&lt;/p&gt;&lt;/blockquote&gt;

&lt;p&gt;What an incredible non sequitur in the very first sentence of that paragraph — as if the Clinton Administration had been an instrument, rather than an opponent, of "the triumph of conservatism"! Bill Clinton, of course, has never acted out of any other principle than what would promote the career of Bill Clinton, and he famously "triangulated" himself into claiming credit for welfare reform and (compared to what came later and to the Democratic Party's reflexive defaults) fiscal sanity. But to mention Bill Clinton's name in the same context as Goldwater, Rand, Kirk, Buckley, Friedman, Hayek, Kirkpatrick, or &lt;em&gt;Reagan&lt;/em&gt; is a terribly bad joke.&lt;/p&gt;

&lt;p&gt;So, too, is it to assert with a straight face that "the essentially conservative policies, especially in economics, of the Clinton administration, and finally the election and early years of the Bush Administration, marked the apogee of the conservative movement." Bill Clinton won't be remembered in history for a few years of budget surplus (enabled jointly by the economic boom resulting from the transition to an information economy and taxation and spending policies forced upon him by a GOP Congress), nor for welfare reform (enacted, again, despite the resistance of most of Clinton's own party), but for disgracing the presidency with a tawdry sex scandal which he turned into perjury and obstruction of justice, leading to his impeachment. Just a few lines earlier in this same post, Judge Posner had already written, mostly accurately, that the conservative movement, as exemplified by Reagan,&lt;/p&gt;

&lt;blockquote&gt;&lt;p&gt;included the free-market economics associated with the "Chicago School" (and therefore deregulation, privatization, monetarism, low taxes, and a rejection of Keynesian macroeconomics), "neoconservatism" in the sense of a strong military and a rejection of liberal internationalism, and cultural conservatism, involving respect for traditional values, resistance to feminism and affirmative action, and a tough line on crime.&lt;/p&gt;&lt;/blockquote&gt;

&lt;p&gt;Now, I can understand how Judge Posner came to list those features of Reagan conservatism in that particular order, given Judge Posner's own specialties and interests. But — with due respect to him — "respect for traditional values" isn't just a minor sub-branch of "cultural conservatism." Rather, it is the basic and fundamental explanation for almost everything else that can be properly described as "conservative," and it was the specific source of conservatives' profound revulsion to Bill Clinton as a national leader and a man, regardless of what policies Clinton's pollsters had persuaded him to support in any given week or month.&lt;/p&gt;

&lt;p&gt;And note, too, how Judge Posner completely buys into the labels the Left puts on conservative positions. I, for example, consider myself an ardent feminist because I believe my daughters should have rights and opportunities equal to those of my sons; I don't know any conservative who disagrees. My respect for women and women's rights likewise leads me to honor and respect not only those women who choose to work outside the home, but those who choose (whether forever or just for a time) the traditional paths of mother and homemaker. But if one accepts without further scrutiny a definition of "feminism" which embraces so-called "comparable worth" philosophy — that is, which requires equal pay for work that in fact is &lt;em&gt;not comparable&lt;/em&gt;, but of demonstrably lesser value — well then, yes, all proponents of genuinely equal rights for the sexes are redefined to become "resistan[t] to feminism." And the precise same analysis applies to racial preferences under the guise of "affirmative action." Until one looks beneath, and then rejects, these misleading labels, one cannot recognize how profoundly hostile the associated concepts are to individual rights and liberties. I wish Judge Posner would re-read Orwell's "Animal Farm" because he's lost sight of how ludicrous it is to insist that some animals are "more equal" than others.&lt;/p&gt;

&lt;p&gt;Judge Posner is, I would stipulate, a moral man, as evidenced in small part by his inclusion in his list of "conservative movement" principles the "respect for traditional values." And even if he under-rates the importance, to both the movement and the nation, of that respect for traditional values, I doubt that he fundamentally objects to the notion that morality may properly inform and guide policy. Yet because he is not religious, Judge Posner slights and then disrespects the extent to which religion, too, may properly inform and guide policy — as distinct from &lt;em&gt;dictating&lt;/em&gt; it. Count me in solidarity with my blogospheric friend Prof. Stephen Bainbridge, who &lt;a href="http://www.professorbainbridge.com/professorbainbridgecom/2009/05/yglesias-on-posner-and-the-conservative-movement.html"&gt;felt compelled&lt;/a&gt; to disassociate himself from "the implicit assumption in Posner's post (as in so much else of his work) that religious discourse is inherently anti-intellectual (or, at least, non-intellectual)." Prof. Bainbridge points out that "a renewed conservative intellectualism would be deeply engaged with Catholic Social Thought," and that's exactly the right word to use — "engaged." Public policy decisions ought not be dictated by, nor married to, any religion or school of religious doctrine; but neither should those debating public policy be reflexively hostile to or dismissive of concepts and arguments that may have originated from a religious believer or an exercise of faith. &lt;/p&gt;

&lt;p&gt;Either as a moral man, or as a Christian, I can be appalled by the slaughter of unborn children in Planned Parenthood's abortion mills — and I can likewise, as either, be concerned about the plight of the girl or woman who desperately wants off the path she finds herself on to motherhood. Both my moral and my religious views may properly play a part in my thinking and argument as I participate in a civil and reasoned analysis of either the public policy (very difficult) or the constitutional law (much clearer) of the ever-present debate over abortion rights. That doesn't make me "pre-occupied" with that particular topic, however, and it certainly doesn't disqualify my arguments on it. What ought to define the "conservative movement" is an easy, confident openness to ideas and principles, without the rigid notion so common among statists (poorly self-styled as "progressives") that any idea or principle which may be rooted in or even congruent with religion is necessarily a political heresy. Just as we recognize that racial preferences and welfare demean individual dignity and ultimately promote their own bigotry, we should recognize that reflexive hostility to religion and the religious is another form of bigotry.&lt;/p&gt;

&lt;p&gt;These are the sort of intellectual blind spots — or, less charitably characterized, the sort of incidents of intellectual flabbiness and complacency — that can and should be forgiven in a man who's done so much else of real value in his genuine areas of expertise. I wage no jihad against Prof. Posner and his blog post, and I'd be glad to have him as a consistent tent-mate! But I welcome the day, if it comes, when he will recognize that on areas outside his own particular expertise in economics and antitrust law, he's let his intellect become stratified by adopting and then parroting double-speak from the Left. Regardless of whether it has "lost or is still losing steam," there's no doubt whatsoever that the "conservative movement" is currently out of power and reduced to "loyal opposition" status. But if Judge Posner's convinced that the "conservative movement" includes the likes of Bill Clinton and is hostile to daughters having the same employment opportunities as sons, then with due respect, I'm not looking to Judge Posner as the best forecaster of when, whether, or how conservatism and conservatives may return to a more powerful position.&lt;/p&gt;</content:encoded>


<dc:creator>Beldar</dc:creator>
<dc:date>2009-05-13T03:07:51-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/05/beldar-on-posner-on-conservatism.html</feedburner:origLink></item>
<item rdf:about="http://www.beldar.org/beldarblog/2009/05/great-competitors-among-rockets-and-greyhounds.html">
<title>Great competitors among Rockets and Greyhounds</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/L6yjSTdNtFQ/great-competitors-among-rockets-and-greyhounds.html</link>
<description>Most Houston sports fans, including me, are reveling in one of the most satisfying Houston Rockets wins in many years — a thorough drubbing of the perpetual rockstar team of the NBA, the Los Angeles Lakers, by a final score of 99-87 that somewhat conceals the Rockets' overall domination (including a 29-point lead in the early fourth quarter). The Rockets...</description>
<content:encoded>&lt;p&gt;Most Houston sports fans, including me, are reveling in one of the most satisfying Houston Rockets wins in many years — a thorough drubbing of the perpetual rockstar team of the NBA, the Los Angeles Lakers, by a final score of &lt;a href="http://stats.chron.com/nba/boxscore.asp?gamecode=2009051010&amp;home=10&amp;vis=13&amp;meta=true"&gt;99-87&lt;/a&gt; that somewhat conceals the Rockets' overall domination (including a 29-point lead in the early fourth quarter). The Rockets are still decided underdogs. But for all the reasons I'm normally not a big fan of the NBA, I particularly enjoyed this game.&lt;/p&gt;

&lt;p&gt;With the Lakers already leading the playoff series 2-to-1 and Rockets star Yao Ming out for the remainder of the year with a broken foot, the Rockets were widely expected to politely roll over and die. Instead, they thoroughly embarrassed the Lakers with a combination of aggressive and consistent defense, textbook hustle and teamwork, and unlikely heroes — chief among them point guard Aaron Brooks with 34 points and forward Shane Battier with 23 points, 15 of them on 3-pointers. Four different Rockets were in double-figures, even though arguably the most high-profile Rocket on the floor, guard Ron Artest, had a poor offensive day (only 4 for 19 for 8 points). The Lakers gave up 11 turnovers, most of them early in the game when the outcome was at least arguably still in doubt, and they let their frustration show with two technical fouls. With his teammates' help, Battier — who in my humble opinion is the smartest and most underrated player in the NBA, and therefore among the most appealing underdogs to root for — also held Kobe Bryant to a pathetic 15 points, turning the Lakers' superstar into a complete non-factor. Very sweet!&lt;/p&gt;

&lt;p&gt;But even that was not, to me, quite as sweet as the performance on Friday of the Johnston Middle School Greyhounds in the HISD-wide "Name That Book" competition. The third-place finish city-wide, on the heels of a second-place result at the initial competition during the previous week, marked Johnston's best showing in sponsor and JMS librarian Delores Sellin's memory. And among the celebrants was my youngest, Molly, fourth from the left (with the purple sleeve) in the photo below:&lt;/p&gt;

&lt;center&gt;&lt;a style="display: inline;" href="http://www.beldar.org/.a/6a00d834515edc69e20115707cf5de970b-pi"&gt;&lt;img  class="at-xid-6a00d834515edc69e20115707cf5de970b " alt="JMS 'Name That Book' team after winning 3d place in HISD on May 8, 2009" title="JMS 'Name That Book' team after winning 3d place in HISD on May 8, 2009" src="http://www.beldar.org/.a/6a00d834515edc69e20115707cf5de970b-800wi" border="0"&gt;&lt;/a&gt;&lt;/center&gt;

&lt;p&gt;Happy Mother's Day to all mothers out there, and especially to my ex. (The promised review of the new Star Trek movie will probably have to wait until next weekend; we rearranged some schedules to guarantee her some extra snuggle-time with four kids who are increasingly hard to get all together in one place at one time.)&lt;/p&gt;</content:encoded>

<dc:subject>Family</dc:subject>
<dc:subject>Sports</dc:subject>

<dc:creator>Beldar</dc:creator>
<dc:date>2009-05-10T17:30:06-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/05/great-competitors-among-rockets-and-greyhounds.html</feedburner:origLink></item>
<item rdf:about="http://www.beldar.org/beldarblog/2009/05/star-____.html">
<title>Star ____?</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/aa6vPiobduw/star-____.html</link>
<description>In anticipation of my going to see the new movie tomorrow, I have this simple question for you all: Star Trek or Star Wars?Make it so: Star TrekThe Force is with me: Star Wars pollcode.com free polls</description>
<content:encoded>&lt;p&gt;In anticipation of my going to see the new movie tomorrow, I have this simple question for you all:&lt;/p&gt;

&lt;form method=post action="http://poll.pollcode.com/uUz"&gt;&lt;table border=0 width=150 bgcolor="FFFFCC" cellspacing=0 cellpadding=2&gt;&lt;tr&gt;&lt;td colspan=2&gt;&lt;font face="Verdana" size=-1 color="330033"&gt;&lt;b&gt;Star Trek or Star Wars?&lt;/b&gt;&lt;/font&gt;&lt;/td&gt;&lt;/tr&gt;&lt;tr&gt;&lt;td width=5&gt;&lt;input type=radio name=answer value="1"&gt;&lt;/td&gt;&lt;td&gt;&lt;font face="Verdana" size=-1 color="330033"&gt;Make it so: Star Trek&lt;/font&gt;&lt;/td&gt;&lt;/tr&gt;&lt;tr&gt;&lt;td width=5&gt;&lt;input type=radio name=answer value="2"&gt;&lt;/td&gt;&lt;td&gt;&lt;font face="Verdana" size=-1 color="330033"&gt;The Force is with me:  Star Wars&lt;/font&gt;&lt;/td&gt;&lt;/tr&gt;&lt;tr&gt;&lt;td colspan=2&gt;&lt;center&gt;&lt;input type=submit value="Vote"&gt;&amp;nbsp;&amp;nbsp;&lt;input type=submit name=view value="View"&gt;&lt;/center&gt;&lt;/td&gt;&lt;/tr&gt;&lt;tr&gt;&lt;td bgcolor="white" colspan=2 align=right&gt;&lt;font face="Verdana" size=-2 color="black"&gt;pollcode.com &lt;a href=http://pollcode.com/&gt;&lt;font color="navy"&gt;free polls&lt;/font&gt;&lt;/a&gt;&lt;/font&gt;&lt;/td&gt;&lt;/tr&gt;&lt;/table&gt;&lt;/form&gt;</content:encoded>

<dc:subject>Film/TV/Stage</dc:subject>

<dc:creator>Beldar</dc:creator>
<dc:date>2009-05-09T23:09:22-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/05/star-____.html</feedburner:origLink></item>
<item rdf:about="http://www.beldar.org/beldarblog/2009/05/holocaust-2.html">
<title>Holocaust 2</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/4RHzLHkvdfw/holocaust-2.html</link>
<description>Even in this long winter of discontent for conservatives, I am optimistic about America. Even this early on, it's obvious to me that the Obama Administration is wearing clown shoes. Just like Hollywood tries to make Tom Cruise look 6' 2" through creative camera angles, shot composition, and discretely hidden wooden boxes and ramps, the mainstream media will continue to...</description>
<content:encoded>&lt;p&gt;Even in this long winter of discontent for conservatives, I am optimistic about America. Even this early on, it&amp;#39;s obvious to me that the Obama Administration is wearing clown shoes. Just like Hollywood tries to make Tom Cruise look 6&amp;#39; 2&amp;quot; through creative camera angles, shot composition, and discretely hidden wooden boxes and ramps, the mainstream media will continue to try to make the Obama Administration look competent and successful. But they can&amp;#39;t fool most of the people all of the time. It&amp;#39;s already clear to America&amp;#39;s grass-roots conservatives where the GOP went wrong in 2006 and 2008, and when new faces in the party return to classical principles with clear and steady voices, enough additional voters will respond. There will be disaster repair to do, and that for quite a while. But I&amp;#39;m still mostly optimistic about America in the long term.&lt;/p&gt;

&lt;p&gt;I wish I were as optimistic about the world, but it seems to me that we&amp;#39;re re-living 1934. Or is it &lt;a href="http://en.wikipedia.org/wiki/Umayyad_conquest_of_Hispania"&gt;711&lt;/a&gt;? &lt;/p&gt;&lt;p&gt;I have no doubt whatsoever that in articles like &lt;a href="http://www.commentarymagazine.com/viewarticle.cfm/israel-today--the-west-tomorrow-15134?search=1"&gt;this one&lt;/a&gt;, Mark Steyn is being an alarmist. But as much as I&amp;#39;d like to, &lt;strong&gt;I can&amp;#39;t find any reasonable basis to argue that Steyn&amp;#39;s ringing a &lt;em&gt;false alarm&lt;/em&gt;&lt;/strong&gt; (emphasis mine):&lt;/p&gt;

&lt;blockquote&gt;&lt;p&gt;So it will go. British, European, and even American troops will withdraw from Iraq and Afghanistan, and a bomb will go off in Madrid or Hamburg or Manchester, and there will be nothing left to blame except Israeli “disproportion.” For the remnants of European Jewry, the already discernible migration of French Jews to Quebec, Florida, and elsewhere will accelerate. There are about 150,000 Jews in London today—it’s the thirteenth biggest Jewish city in the world. But there are approximately one million Muslims. The highest number of Jews is found in the 50-54 age group; the highest number of Muslims are found in the four-years-and-under category. By 2025, there will be Jews in Israel, and Jews in America, but not in many other places. Even as the legitimacy of a Jewish state is rejected, the Jewish diaspora—the Jewish presence in the wider world—will shrivel&lt;/p&gt;

&lt;p&gt;... It may be some consolation to an ever-lonelier Israel that, in one of history’s bleaker jests, &lt;strong&gt;in the coming Europe the Europeans will be the new Jews.&lt;/strong&gt;&lt;/p&gt;&lt;/blockquote&gt;

&lt;p&gt;Please read the whole thing.&lt;/p&gt;&lt;p&gt;Outside Europe, though, in the tiny country they&amp;#39;ve reclaimed on the Mediterranean&amp;#39;s east coast, the old Jews will still have the familiar role they had in Holocaust 1. &amp;quot;Never again&amp;quot; is going to have to be modified to read &amp;quot;Never (quite that slowly) again.&amp;quot; The new holocaust will turn millions of Jews (and others) into smoke and ashes in a matter of seconds, minutes, and hours, not weeks, months, and years. Such Jews as are left, there or (mostly) in America, will have the ruinous &amp;quot;comfort&amp;quot; of Israel&amp;#39;s retribution in a similarly compressed timetable, with Tehran left in a mix of smoking radioactive ruins and green glass that will make Berlin circa May 1945 look positively lush and undamaged. Thereupon those mullahs who love death as we love life will re-declare their own victory. And as history is repeated and we re-write it, the question will be asked again: &amp;quot;Who could have prevented this, given who had the capabilities (if not the requisite moral clarity and courage)?&amp;quot; The answer will, ironically, be identical to the title of Steyn&amp;#39;s recent book: &lt;a href="http://www.amazon.com/gp/redirect.html?ie=UTF8&amp;amp;location=http%3A%2F%2Fwww.amazon.com%2FAmerica-Alone-End-World-Know%2Fdp%2F1596985275%3Fie%3DUTF8%26s%3Dbooks%26qid%3D1241754024%26sr%3D1-1&amp;amp;tag=beldarblog-20&amp;amp;linkCode=ur2&amp;amp;camp=1789&amp;amp;creative=9325"&gt;America Alone&lt;/a&gt;&lt;img alt="" border="0" height="1" src="http://www.assoc-amazon.com/e/ir?t=beldarblog-20&amp;amp;l=ur2&amp;amp;o=1" style="border: medium none ! important; margin: 0px ! important;" width="1" /&gt;.&lt;/p&gt;

&lt;p&gt;Iran will have its bomb before the end of Obama&amp;#39;s first term. After that, it&amp;#39;s a dice throw: I&amp;#39;d guess maybe two chances in twelve that it gives a bomb to &amp;quot;plausibly deniable&amp;quot; terrorists who&amp;#39;ll explode it in America, against maybe seven chances in twelve that the target is Tel Aviv. Maybe you count the number of spots on the dice differently, or you think it will be during the term of the POTUS elected or reelected in 2012 that Iran gets its bomb, or you think that the bomb will instead have come directly from Pakistani stockpiles. But whatever tweaks to the probabilities you&amp;#39;d like to apply, you must admit that almost all of the plausible scenarios carry risks so huge that they make mockery of the phrase &amp;quot;Never again.&amp;quot;&lt;/p&gt;

&lt;p&gt;I don&amp;#39;t want to bask in the self-righteous glow of I-Told-You-Soism as I replay clips from Bush-43&amp;#39;s Greatest Hits — &amp;quot;grave and gathering dangers,&amp;quot; the &amp;quot;Axis of Evil,&amp;quot; and most of all, the urgent warnings that we must at all costs prevent &amp;quot;the world&amp;#39;s most dangerous weapons&amp;quot; from falling into the hands of &amp;quot;the world&amp;#39;s most dangerous regimes.&amp;quot; But I have zero confidence — I laugh aloud, in the blackest and bleakest of humor — at the notion that the Obama Administration will do anything except embolden our, and Israel&amp;#39;s, enemies, and I believe instead that The One and his minions (including Hillary) will end up actually abetting and accelerating Iran&amp;#39;s acquisition of weapons of mass destruction.&lt;/p&gt;

&lt;p&gt;I understand how the American Left has deluded itself into mass denial of these probabilities, even though they have no answer to alarmists such as Steyn. What I — as a male American WASP who admires Israel, counts many Jews among his very best friends, and has tried to raise his own children to appreciate the horror of the Holocaust — genuinely can&amp;#39;t understand, and don&amp;#39;t anticipate that anyone will ever be able to forgive in hindsight, is how a large majority of American Jews are letting themselves be so deluded. My saying that may make some of them angry, and they may argue that I have no standing to kvetch. But I reject that; everyone has standing to say &amp;quot;Never again,&amp;quot; because by virtue of being human everyone has the right and the moral obligation to reject inhumanity on that barely imaginable scale.&lt;/p&gt;&lt;p&gt;The only strings preventing the United States from ensuring that Iran doesn&amp;#39;t get nuclear weapons are those we have used to tie ourselves down. The longer we wait to break them, the greater the cost will be, and we&amp;#39;ve waited so long already that the costs now would be fearsome indeed — fearsome in comparison to anything except the probable future that will be brought about by our failure to act. When we fail to act, the costs will be incalculable, and there will be so much blame to go around that I&amp;#39;ll still flagellate myself for having done nothing much more than writing a rant like this one. &amp;quot;That was it, Grandfather? You pointed out Obama&amp;#39;s clown shoes on your blog?&amp;quot; And I&amp;#39;ll nod, and then hang my head and weep.&lt;/p&gt;</content:encoded>

<dc:subject>Current Affairs</dc:subject>
<dc:subject>Global War on Terror</dc:subject>
<dc:subject>Obama</dc:subject>
<dc:subject>Politics (2009)</dc:subject>

<dc:creator>Beldar</dc:creator>
<dc:date>2009-05-07T23:02:25-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/05/holocaust-2.html</feedburner:origLink></item>
<item rdf:about="http://www.beldar.org/beldarblog/2009/05/review-lowry-kormans-banquos-ghosts.html">
<title>Review: Lowry &amp; Korman's "Banquo's Ghosts"</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/7pUTcyK3GJo/review-lowry-kormans-banquos-ghosts.html</link>
<description>I adore a good spy novel. When I was in grade school, my mother (of all people) turned me on to Ian Fleming's James Bond books. (She had to telephone the local librarian to confirm that it was okay for me to check books out of the "adult" section.) And I've liked, and read, the genre ever since. But I've...</description>
<content:encoded>&lt;p&gt;&lt;a style="float: left;" href="http://www.beldar.org/.a/6a00d834515edc69e201156f7b6671970c-pi"&gt;&lt;img class="at-xid-6a00d834515edc69e201156f7b6671970c" alt="Banquo's Ghosts" title="Banquo's Ghosts" src="http://www.beldar.org/.a/6a00d834515edc69e201156f7b6671970c-800wi" border="0" style="margin: 0px 15px 10px 0px;" /&gt;&lt;/a&gt;I adore a good spy novel. When I was in grade school, my mother (of all people) turned me on to Ian Fleming's James Bond books. (She had to telephone the local librarian to confirm that it was okay for me to check books out of the "adult" section.) And I've liked, and read, the genre ever since.&lt;/p&gt;

&lt;p&gt;But I've grown sick to death of tendentious and preachy books like those John Le Carre has been turning out lately. I won't ever buy another of his books, and I frankly wouldn't bother to cross the street to spit down his neck if some jihadist had cut off his head and set his corpse on fire. I'm just out of patience with the moral relativism crowd; there is good and there is evil in the world, and while I don't pretend that everything American is or has always been unmitigatedly good, I have no patience left for the fools who insist that everything American is and has always been evil, or mostly evil, or more evil than good.&lt;/p&gt;

&lt;p&gt;That combination ought to put me squarely in the target audience for &lt;a href="http://www.amazon.com/gp/redirect.html?ie=UTF8&amp;location=http%3A%2F%2Fwww.amazon.com%2FBanquos-Ghosts-Richard-Lowry%2Fdp%2F1593155085&amp;tag=beldarblog-20&amp;linkCode=ur2&amp;camp=1789&amp;creative=9325"&gt;Banquo's Ghosts&lt;/a&gt;&lt;img src="http://www.assoc-amazon.com/e/ir?t=beldarblog-20&amp;l=ur2&amp;o=1" width="1" height="1" border="0" alt="" style="border:none !important; margin:0px !important;" /&gt; by Rich Lowry and Keith Korman. Mr. Lowry is, of course, the successor as editor in chief at National Review to the late and truly great William F. Buckley, who was also a spy novelist of some renown with his Blackford Oakes series. In this fictional endeavor, as in his punditry, Mr. Lowry has large shoes to fill. I hope he keeps trying, and he's done a good job with this effort, but I'm confident that he can do better.&lt;/p&gt;

&lt;p&gt;I'm sad to say that this novel badly needed a better editor. Although I was previously unfamiliar with Mr. Korman's work, I've found Mr. Lowry's nonfiction prose to be consistently quite good. Most of this prose is entirely competent, and there are lyrical, even brilliant bon mots and allusions scattered throughout this book that I'd guess are products of his creativity. But this edition is also filled with non-dialog sentence fragments and inconsistent punctuation. That's a practice which, especially in spy or detective fiction, is not an unforgivable sin by itself; but it becomes unforgivable when, as here, it's both carried to excess and the fragments sometimes leave genuine doubt about their antecedents (and therefore their meaning). And when I pay for a hardbound book written by two American authors and published by an American label, I don't expect to see "mold" spelled "mould." Bad editing causes me to subtract one star.&lt;/p&gt;

&lt;p&gt;But this book did not disappoint when it comes to moral clarity. Its twin targets &amp;#151; Iran and the American Hard Left media/intelligentsia/glitterazzi &amp;#151; are well and truly skewered. Messrs. Lowry &amp; Korman could certainly succeed if they were assigned to "deep cover" as writers for The Nation or the HuffPo or the WaPo or even dKos. The plot line is creative and fast-moving, if somewhat shaky and disjointed at times. Without going too deeply into spoiler territory, however, I suspect most readers would agree with me that the ending is ultimately the least credible portion of the entire novel. I think Lowry and Korman pulled their punches &amp;#151; and for that, I must subtract another star.&lt;/p&gt;

&lt;p&gt;The book clearly was written with the anticipation of one or more sequels, however, and there are indeed several characters who I'd enjoy reading more about. This is a commendable first effort, which I award three stars out of a possible five. And yes, when the sequel comes out, I'll buy it too.&lt;/p&gt;

&lt;p&gt;------------------&lt;/p&gt;

&lt;p&gt;&lt;strong&gt;UPDATE&lt;/strong&gt; (Sun May 10 @ 6:05pm): On reflection, I regret making the snarky remark about my extreme lack of regard for John le Carre because of his recent books. I aspire to a higher tone on this blog, and I think I generally have maintained that since 2003. That most on the Left consistently permit themselves to fall into such a corrosive hatefulness is no excuse for my doing so. Ironically, I credit so-called comedienne &lt;a href="http://blogs.abcnews.com/politicalpunch/2009/05/wanda-sykes-jok.html"&gt;Wanda Sykes' hateful remarks about Rush Limbaugh&lt;/a&gt; at last night's White House Correspondents' Dinner for reminding me of this.&lt;/p&gt;</content:encoded>

<dc:subject>Books</dc:subject>
<dc:subject>Current Affairs</dc:subject>

<dc:creator>Beldar</dc:creator>
<dc:date>2009-05-06T00:47:45-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/05/review-lowry-kormans-banquos-ghosts.html</feedburner:origLink></item>
<item rdf:about="http://www.beldar.org/beldarblog/2009/05/omg-like-before-he-was-30-obama-was-a-law-review-editor-omgomg1.html">
<title>OMG! Like, before he was 30, Obama was a law review editor! ZOMG-OMG!!1!</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/qtfY2wdzbOw/omg-like-before-he-was-30-obama-was-a-law-review-editor-omgomg1.html</link>
<description>From the New York Times: Many American presidents have been lawyers, but almost none have come to office with Barack Obama’s knowledge of the Supreme Court. Before he was 30, he was editing articles by eminent legal scholars on the court’s decisions. I'm sure the ghost of William Howard Taft, who'd been a judge on the U.S. Court of Appeals...</description>
<content:encoded>&lt;p&gt;From the &lt;a href="http://www.nytimes.com/2009/05/03/us/politics/03obama.html?hp=&amp;pagewanted=print"&gt;New York Times&lt;/a&gt;:&lt;/p&gt;

&lt;blockquote&gt;&lt;p&gt;Many American presidents have been lawyers, but almost none have come to office with Barack Obama’s knowledge of the Supreme Court. Before he was 30, he was editing articles by eminent legal scholars on the court’s decisions.&lt;/p&gt;&lt;/blockquote&gt;

&lt;p&gt;I'm sure the ghost of &lt;a href="http://en.wikipedia.org/wiki/William_Howard_Taft"&gt;William Howard Taft&lt;/a&gt;, who'd been a judge on the U.S. Court of Appeals for the Sixth Circuit before he became POTUS, and who later (between 1921-1930) became the Chief Justice of the United States, is duly impressed that for one year in the early 1990s, Barack Obama edited law review articles about Supreme Court decisions. I'm sure the ghosts of Richard M. Nixon (No. 3 in his class at Duke Law and a name partner in a major New York law firm) and Gerald Ford (top quarter of his class as a scholarship student at Yale Law) &amp;#151; or for that matter, Bill Clinton (Yale Law grad, former regular faculty member at the University of Arkansas Law School) &amp;#151; are all just overwhelmed by the thought that a part-time non-tenure track lecturer who taught seminar classes in the basement at Chicago Law School, and who allowed his own law license to become inactive in 2002 (but who nevertheless continued to permit his part-time law firm to hold him out to the public as "of counsel" &lt;a href="http://en.wikipedia.org/wiki/Barack_Obama#cite_ref-43"&gt;until 2004&lt;/a&gt;), is now going to pick the next member of the SCOTUS.&lt;/p&gt;

&lt;p&gt;Almost &lt;em&gt;every&lt;/em&gt; law review editor edits "articles by eminent legal scholars on the [Supreme C]ourt's decisions." Law reviews publish more stuff about SCOTUS decisions than about everything else put together. Obama, having interrupted his education for several years between college and law school, was unusually &lt;em&gt;old&lt;/em&gt; to be a law student and, thus, unusually old to be a law review editor. By comparison, I was editing manuscripts by eminent legal scholars on the Supreme Court's decisions when I was 21, which made me a bit younger than the average law review editor. Big deal.&lt;/p&gt;

&lt;p&gt;Besotted nitwits. In next Sunday's edition of the NYT: "Obama learned to tie his own shoes (with hardly any knots!) before he was eleven!" Surely he is The One!&lt;/p&gt;</content:encoded>

<dc:subject>Law (2009)</dc:subject>
<dc:subject>Mainstream Media</dc:subject>
<dc:subject>Obama</dc:subject>

<dc:creator>Beldar</dc:creator>
<dc:date>2009-05-03T05:23:29-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/05/omg-like-before-he-was-30-obama-was-a-law-review-editor-omgomg1.html</feedburner:origLink></item>
<item rdf:about="http://www.beldar.org/beldarblog/2009/05/another-wellcrafted-line-of-peggy-noonans-with-which-i-disagree.html">
<title>Another well-crafted but foolish paragraph of Peggy Noonan's with which I disagree</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/0SEt-3ZQSRY/another-wellcrafted-line-of-peggy-noonans-with-which-i-disagree.html</link>
<description>Peggy Noonan can surely do better than allusions to '70s soft-rock hits like this one, even when she's right on the substance: ... [Obama's] presentation [during the past week] was low-key, authoritative, and had the look and feel of moderation. When you can give this impression while some of your decisions—for instance, on the legitimate cost and reach of government—are...</description>
<content:encoded>&lt;p&gt;Peggy Noonan can surely do better than allusions to '70s soft-rock hits like &lt;a href="http://online.wsj.com/article/SB124112865488674761.html"&gt;this one&lt;/a&gt;, even when she's right on the substance:&lt;/p&gt;

&lt;blockquote&gt;&lt;p&gt;... [Obama's] presentation [during the past week] was low-key, authoritative, and had the look and feel of moderation. When you can give this impression while some of your decisions—for instance, on the legitimate cost and reach of government—are not, actually, moderate, you are demonstrating a singular political talent.&lt;/p&gt;

&lt;p&gt;He is subtle and likes to kill softly. As such, he is something new on the political scene, which means he will require something new from his opponents, including, first, patience.&lt;/p&gt;&lt;/blockquote&gt;

&lt;p&gt;Well, yes, patience is needed, because even the next congressional elections aren't until November 2010, and Obama's not up for re-election until November 2012. But preparation is needed too, along with patience. Where Ms. Noonan goes badly astray this time is this:&lt;/p&gt;

&lt;blockquote&gt;&lt;p&gt;[Republicans] have had a hard week. Someday years hence, when books are written about the Republican comeback, they may well begin with this low moment, and the bolting of Arlen Specter to the Democrats. It is fine to dismiss Mr. Specter as an opportunist, but opportunists tell you something: which side is winning. That's the side they want to be on.&lt;/p&gt;&lt;/blockquote&gt;

&lt;p&gt;Oh, Ms. Noonan, you're far more out of touch than even Arlen Specter is! We don't know yet &amp;#151; we must have patience to learn, but aggressively prepare to seize the opportunities to affect &amp;#151; whether Pennsylvania voters will send a Republican or a Democrat to the U.S. Senate in 2010. But dear Ms. Noonan, bless your heart and your woefully myopic east-coastal blue-state-infected viewpoints, the "side [which] is winning" for &lt;em&gt;sure&lt;/em&gt;, the side which &lt;em&gt;for sure&lt;/em&gt; caused Arlen Specter to betray his vows and defect to the Democratic Party, is the side of the true conservatives whom Arlen Specter recognized were certain to oust him in the GOP primary. He doesn't know, and no one yet knows, whether he can win the Democratic Primary, or the general election if he gets the Dems' nomination. But he knew &amp;#151; we all know, Ms. Noonan! why don't you? &amp;#151; that he was going to lose the next race in which he was scheduled to run, that being the GOP primary.&lt;/p&gt;

&lt;p&gt;Can you not tell the difference, Ms. Noonan, between fleeing from a battle one is certain to lose, and instead fleeing to a side that is certain to win? No one yet knows which side will win, which is to say, no side is certain to win. But Arlen Specter was certain to lose if he accepted the verdict of his own party on his performance. How could you miss that? How can you expect us to take seriously any of your other advice for the GOP when you're that blind?&lt;/p&gt;

&lt;p&gt;There is a certain breed of Republican which is convinced that to become more competitive, GOP candidates must become even "more moderate" than John McCain or Arlen Specter. We could call them Noonarians; we could call them Frumarians; we could call them Parkersonians. Or we could call them RINOs. I will continue to voice my objections to their blather and oppose their ideas, but I will not call them apostates, and if they return to the Reaganite Big Tent, I will welcome them upon their return. Some day, perhaps we will all laugh together when we re-read the ridiculous things they wrote while they were in the thrall of Obamamania, things like "The task for conservatives is not so much to oppose the president, but to help him see." They'll blush, I hope, but feel no greater pain. (Surely by then their therapists will have cured them of their mania to finger-comb their hair for &lt;a href="http://www.beldar.org/beldarblog/2009/04/lines-that-cannot-have-come-from-a-conservatives-pen.html"&gt;chunks of vomit&lt;/a&gt;.)&lt;/p&gt;

&lt;p&gt;But they must get a grip first. They must forswear despair and the compromise of desperation. They must adhere to at least a few first principles, among them a faith in fiscal conservatism, free trade, federalism, and a robust foreign policy unapologetic for American exceptionalism and devoted to the maintenance and support of the world's preeminent military (not for its own sake, but for what it ensures and protects).&lt;/p&gt;

&lt;p&gt;Ms. Noonan, you once were wise enough to sniff out an impostor, a poseur, a fraud like Arlen Specter, and to recognize when a piece of political trash like him was moving in the wrong direction. The Specter defection is indeed likely to be remembered by posterity as a turning point, but it will be one in which conservatives will be seen in hindsight to have taken a deep breath, then exhaled to clear a foul and traitorous stench before &amp;#151; patiently &amp;#151; buckling down to battle, and ultimately defeat, Barack Obama and his Hard Left minions. Buckle down, Ms. Noonan. As Lady Thatcher famously said, now's no time to go wobbly in the knees.&lt;/p&gt;</content:encoded>

<dc:subject>Congress</dc:subject>
<dc:subject>Mainstream Media</dc:subject>
<dc:subject>Obama</dc:subject>
<dc:subject>Politics (2009)</dc:subject>

<dc:creator>Beldar</dc:creator>
<dc:date>2009-05-03T04:35:36-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/05/another-wellcrafted-line-of-peggy-noonans-with-which-i-disagree.html</feedburner:origLink></item>
<item rdf:about="http://www.beldar.org/beldarblog/2009/05/why-i-celebrate-chrysler-corporations-petition-for-chapter-11-reorganization.html">
<title>Why I celebrate Chrysler's petition for Chapter 11 reorganization</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/ut4uAAPf4Nc/why-i-celebrate-chrysler-corporations-petition-for-chapter-11-reorganization.html</link>
<description>Count me as one person entirely unsurprised to read that representatives of the Obama Administration were making outrageous and improper threats to the Chrysler bondholders whose refusal to capitulate ended up in Chrysler's Chapter 11 filing. White &amp; Case bankruptcy lawyer Tom Lauria gave a radio interview to Detroit talk radio host Frank Beckman, portions of which are transcribed here,...</description>
<content:encoded>&lt;p&gt;Count me as one person entirely unsurprised to read that representatives of the Obama Administration were making outrageous and improper threats to the Chrysler bondholders whose refusal to capitulate ended up in Chrysler's Chapter 11 filing. White &amp;amp; Case bankruptcy lawyer Tom Lauria gave a radio interview to Detroit talk radio host Frank Beckman, portions of which are transcribed &lt;a href="http://islandturtle.blogspot.com/2009/05/white-house-uses-strong-arm-tactics-to.html"&gt;here&lt;/a&gt;, in which he said:&lt;/p&gt;

&lt;blockquote&gt;&lt;p&gt;One of my clients was directly threatened by the White House and in essence compelled to withdraw its opposition to the deal under the threat that the full force of the White House Press Corps would destroy its reputation if it continued to fight. That’s how hard it is to stand on this side of the fence.&lt;/p&gt;

&lt;p&gt;Beckman: Was that Perella Weinberg?&lt;/p&gt;

&lt;p&gt;Lauria: That was Perella Weinberg.&lt;/p&gt;&lt;/blockquote&gt;

&lt;p&gt;And Obama himself &lt;a href="http://www.cnbc.com/id/30517139"&gt;actively participated in the shakedown&lt;/a&gt;:&lt;/p&gt;

&lt;blockquote&gt;&lt;p&gt;Peter A. Weinberg and Joseph R. Perella are part of a band of Wall Street renegades — “a small group of speculators,” President Obama called them Thursday — who helped bankrupt Chrysler.&lt;/p&gt;

&lt;p&gt;That, anyway, is the Washington line.&lt;/p&gt;

&lt;p&gt;In fact, Mr. Weinberg and Mr. Perella, with sparkling Wall Street pedigrees, are the epitome of white-shoe investment bankers. And their boutique investment bank, a latecomer to Chrysler, played only a small role in the slow-motion wreck of the Detroit carmaker.&lt;/p&gt;

&lt;p&gt;But now the two men, along with a handful of other financiers, are being blamed for precipitating the bankruptcy of an American icon. As Chrysler’s fate hung in the balance Wednesday night, this group refused to bend to the Obama administration and accept steep losses on their investments while more junior investors, including the United Automobile Workers union, were offered favorable terms.&lt;/p&gt;

&lt;p&gt;In a rare flash of anger, the president scolded the group Thursday as Chrysler, its options exhausted, filed for bankruptcy protection. “I don’t stand with those who held out when everyone else is making sacrifices,” Mr. Obama said.&lt;/p&gt;

&lt;p&gt;Chastened, and under intense pressure from the White House, the investment firm run by Mr. Weinberg and Mr. Perella, Perella Weinberg Partners, abruptly reversed course. In a terse statement issued shortly before 6 p.m. Thursday, Perella Weinberg Partners announced it would accept the government’s terms.&lt;/p&gt;

&lt;p&gt;It was too late.&lt;/p&gt;&lt;/blockquote&gt;

&lt;p&gt;What made Perella Weinberg ultimately give in, when others like Oppenheimer Funds refused? One word: &lt;em&gt;Vulnerability&lt;/em&gt; (emphasis mine):&lt;/p&gt;

&lt;blockquote&gt;&lt;p&gt;Representatives for Perella Weinberg, &lt;em&gt;which is advising the government on a wide range of banking issues&lt;/em&gt;, initially defended the firm’s decision to rebuff the government’s offer.&lt;/p&gt;&lt;/blockquote&gt;

&lt;p&gt;(Recall that I &lt;a href="http://beldar.blogs.com/beldarblog/2009/03/rahm-emanuel-former-investment-coughscoundrelcough-banker.html"&gt;blogged&lt;/a&gt; on March 26 of this year about the odd fact that Obama's chief of staff, Rahm Emanuel, had earned somewhere between $16-$20 million in something between two and three years as an investment banker at Wasserstein Perella &amp;amp; Co. when the Clinton Administration went into exile in 2001, even though Emanuel had zero education, training, or experience as an investment banker or any sort of businessman. And yes — that's the &lt;a href="http://en.wikipedia.org/wiki/Joseph_R._Perella"&gt;same Perella&lt;/a&gt;; he'd moved on to Morgan Stanley by the time Emanuel was at Wasserstein Perella &amp;amp; Co., but it's &lt;em&gt;such&lt;/em&gt; a small world, isn't it?)&lt;/p&gt;

&lt;p&gt;&lt;a href="http://pajamasmedia.com/instapundit/77864/"&gt;Glenn Reynolds&lt;/a&gt; and &lt;a href="http://hotair.com/archives/2009/05/02/obama-uses-wh-press-corps-as-threat-against-chrysler-investors/"&gt;Ed Morrissey&lt;/a&gt; note the White House press corps' silence — which might be read to imply acquiescence — about being used as part of this threat. And I agree that that's an interesting facet of the story.&lt;/p&gt;

&lt;p&gt;The bigger story, however, is that &lt;strong&gt;the Obama administration is engaged in a colossal abuse of power whose magnitude far exceeds a mere subversion of the White House press corps.&lt;/strong&gt; Barack Obama has become Guido, the thug who everyone knows has not only a nasty habit of, but a nasty taste for, breaking kneecaps. And the beneficiary of his current shakedowns are the United Auto Workers.&lt;/p&gt;

&lt;p&gt;
&lt;/p&gt;</content:encoded>

<dc:subject>Congress</dc:subject>
<dc:subject>Current Affairs</dc:subject>
<dc:subject>Law (2009)</dc:subject>
<dc:subject>Mainstream Media</dc:subject>
<dc:subject>Obama</dc:subject>
<dc:subject>Politics (2009)</dc:subject>
<dc:subject>SCOTUS &amp; federal courts</dc:subject>

<dc:creator>Beldar</dc:creator>
<dc:date>2009-05-02T15:09:32-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/05/why-i-celebrate-chrysler-corporations-petition-for-chapter-11-reorganization.html</feedburner:origLink></item>
<item rdf:about="http://www.beldar.org/beldarblog/2009/04/lines-that-cannot-have-come-from-a-conservatives-pen.html">
<title>Lines that cannot have come from a conservative's pen</title>
<link>http://feedproxy.google.com/~r/Beldarblog/~3/HPa2dw8Kuqs/lines-that-cannot-have-come-from-a-conservatives-pen.html</link>
<description>Quoth Kathleen Parker (italics hers, boldface mine): As a recovering obsessive-compulsive, the past 100 days have been a torture of quantification. How’s he doing SO far? Is he the change we’ve been waiting for? Is Barack Obama really a centrist, as so many (including I) had hoped? Or is he one of them dadgum fascist-Marxist-commie-Moozlems?! Obama is who he said...</description>
<content:encoded>&lt;p&gt;Quoth &lt;a href="http://www.thedailybeast.com/blogs-and-stories/2009-04-29/obama-as-muhammad-ali/"&gt;Kathleen Parker&lt;/a&gt; (italics hers, boldface mine):&lt;/p&gt;

&lt;blockquote&gt;&lt;p&gt;As a recovering obsessive-compulsive, the past 100 days have been a torture of quantification. How’s he doing SO far? Is he the change we’ve been waiting for? Is Barack Obama really a centrist, as so many (including I) had hoped? Or is he one of them dadgum fascist-Marxist-commie-Moozlems?!&lt;/p&gt;

&lt;p&gt;Obama is who he said he is—a pragmatist. &lt;strong&gt;It just so happens that pragmatism under present circumstances demands/justifies/warrants what are rather socialist solutions.&lt;/strong&gt; The president is in the unique position of being able to say with face straight and heart true: &lt;em&gt;I’m not a lefty ideologue. It’s just that Republican leadership has left us in the sort of economic free fall that only Big Government can rescue.&lt;/em&gt;&lt;/p&gt;&lt;/blockquote&gt;

&lt;p&gt;Sister Parker, you're hopelessly lost. Put the pen down. If you ever want to be taken seriously again by anyone who genuinely is conservative — or who even understands conservatism as an abstract proposition — then you need to go back to first principles. (Hint: They may be found in many places, but they are emphatically &lt;em&gt;not&lt;/em&gt; found in &lt;em&gt;Das Kapital&lt;/em&gt;.) And then you need to study history, including recent history.&lt;/p&gt;

&lt;p&gt;But right now, you're so far gone that you're incapable of embarrassing us, or further embarrassing yourself. You're just a disgrace, with all the grace and credibility of a loud fart in church.&lt;/p&gt;

&lt;p&gt;But no. This isn't an isolated toot that just slipped out, this is a full-fledged attack that would have made John Belushi blush:&lt;/p&gt;

&lt;blockquote&gt;&lt;p&gt;... But my truest sense of Obama is that he thinks hard about each issue and that his mind is open. He is still finding out how to be president, listening instead of talking; watching and measuring, as children from disrupted childhoods learn to do.&lt;/p&gt;

&lt;p&gt;The task for conservatives is not so much to oppose the president, but to help him see. Show him a better idea and he will consider it....&lt;/p&gt;&lt;/blockquote&gt;

&lt;p&gt;Ms. Parker, your harmless savant, your open-minded savior, has just proposed and passed a budget that &lt;a style="float: right;" href="http://www.beldar.org/.a/6a00d834515edc69e20115705fc5f6970b-pi"&gt;&lt;img class="at-xid-6a00d834515edc69e20115705fc5f6970b" alt="Columnist Kathleen Parker" title="Columnist Kathleen Parker" src="http://www.beldar.org/.a/6a00d834515edc69e20115705fc5f6970b-800wi" border="0" style="margin: 10px 0px 10px 15px;" /&gt;&lt;/a&gt; quadruples an already unconscionable federal deficit just for this year. And with his co-conspirators of the Democratic Party, he has committed us to a &lt;a href="http://www.youtube.com/watch?v=yREOUxo6Qdc"&gt;spending spree&lt;/a&gt; that, in constant dollars, exceeds what this country spent on World Wars 1 and 2, the New Deal, the Marshall Plan, and the Iraq War &lt;em&gt;combined&lt;/em&gt;. This is what you call "listening instead of talking"?&lt;p&gt;

&lt;p&gt;If this is what he does when he's still "finding out how to be president," then God save the universe from what he'll do when he "grows up"!&lt;/p&gt;

&lt;p&gt;Please, Ms. Parker, please stop. You're becoming like the drunk girl at the frat party with such a crush on the frat president that she's unaware there's still vomit in her hair.&lt;/p&gt;

&lt;p&gt;Is there no genuine conservative in Ms. Parker's life who can mount a compassionate intervention?&lt;/p&gt;</content:encoded>

<dc:subject>Current Affairs</dc:subject>
<dc:subject>Mainstream Media</dc:subject>
<dc:subject>Obama</dc:subject>
<dc:subject>Politics (2009)</dc:subject>

<dc:creator>Beldar</dc:creator>
<dc:date>2009-04-30T01:32:52-05:00</dc:date>
<feedburner:origLink>http://www.beldar.org/beldarblog/2009/04/lines-that-cannot-have-come-from-a-conservatives-pen.html</feedburner:origLink></item>


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