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June 2015

Posted by Kemberlee Kaye on June 25, 2015 43 Comments
And the derpfest rages on. Apple has joined other retailers in boycotting the Confederate flag by removing Civil War games from the App Store. Apple’s Tim Cook spearheaded the move. "In a tweet, Cook called to honor the lives of the victims in last week’s tragic South Carolina shooting by “eradicating racism & removing the symbols & words that feed it.” An Alabama native like myself, Cook has been a strong proponent for equality during his tenure as CEO, often speaking out against the South’s tarnished history and the changes we still need to address," writes 9 to 5 Mac. According to Touch Arcade, "the reasoning Apple is sending developers is "...because it includes images of the confederate flag used in offensive and mean-spirited ways." Right, because all history should be polite, unoffensive, and politically correct. Nevermind the fact that in each of these scenarios the Confederacy is ultimately defeated... Some of the games in exile look super offensivey, don't they? Ultimate General: Gettysburg AAA American Civil War Cannon Shooter Civil War: Hidden Mysteries Civil War The Battle Game Civil War Defense Civil War Battle Defense 1861 A Civil War Rebellion Civil War: 1862 Civil War: 1863

Posted by William A. Jacobson on June 25, 2015 9 Comments
It's becoming an easy video gag - stick a microphone in front of a Hillary supporter, and ask to name her accomplishments. This time, Rosie Perez did the gag on herself, as NewsBusters reports:
On Thursday's edition of The View on ABC, co-host Rosie Perez took offense at Jeb Bush for suggesting Hillary Clinton had no accomplishments in the Senate or as Secretary of State in an interview with Sean Hannity on Fox News. ABC's graphic on screen read "HERE COMES THE MUD." She fell back on a weird list claiming Hillary unveiled a food-security program and saved a Turkish-Armenian accord, and prevailed over Joe Biden to "send an additional 21 troops" to Afghanistan.... Then she started reading from a list:

Posted by William A. Jacobson on June 25, 2015 139 Comments
My soundbite: "The Supreme Court today rewrote Obamacare in order to save Obamacare. The plain meaning of the term 'Exchange established by the State' was contorted to mean established by the State or Federal government. That contortion, Justice Scalia correctly noted in dissent, effectively has turned Obamacare into SCOTUScare." ---------- Decision just in in King v. Burwell. Here. In a 6-3 ruling authored by Chief Justice Roberts, the Court held that subsidies are available on the federal exchanges. Those voting in the majority were Roberts, Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan. Had the court ruled otherwise, it would have put all of Obamacare in jeopardy, since 38 states do not have exchanges and Obamacare is too expensive for most people without a subsidy. The issue was whether only state-established exchanges could issue tax credits, or whether the federal exchanges could also. Challengers to IRS regulations pointed to the words “established by the State” in the legislation as clear and unambiguous that subsidies were limited to state exchanges. The Court rejected this assertion:

Posted by Kemberlee Kaye on June 25, 2015 31 Comments
History has a way of bastardizing politically expedient talking points. For example, the Republican party's long-standing though not widely reported history of standing athwart the institution of slavery. As it turns out in 1987, then Governor Clinton boasted that the blue star on the Arkansas State flag was an homage to the Confederacy. Oops. Guess the New York Times forgot about that. Mark Steyn joined Sean Hannity Wednesday to discuss the Confederate flag issue. "The idea that Republicans can have the Confederate flag hung around their necks is ridiculous, it's a Democrat flag. The states that seceded during the Civil War were all Democrat states. That's their flag." "The slave states were democrat states, the racist states until the 1960s were Democrat states. The Democratic party was the largest and most powerful institution supporting slavery in the English speaking world, and it is the only one that has survived to the twenty-first century."

Posted by Leslie Eastman on June 25, 2015 40 Comments
As summer officially opens, battle lines are being drawn in the war against "cultural appropriation". This particular engagement pits Sioux Indians against a counter-cultural group that loves Native Americans a little too much.
The peace and love were interrupted by profanity Monday as Rainbow Family members confirmed their plan to congregate an estimated 5,000 people July 1 to July 7 somewhere in the Black Hills, but were immediately confronted by opponents of the gathering. ...The Rainbow Family of Living Light is a loose association of people who’ve been gathering since 1972 around the ideals of peace and healing. Some Native Americans have expressed concern that the gathering is not appropriate for the Black Hills, considered sacred Indian lands. Before the indoor meeting began, Native American activist James Swan, of the United Urban Warrior Society, parked a pickup west of the building, planted two flags and used a portable sound system to berate the Rainbow Family contingent that was gathered under a light rain on the west lawn of the visitor center.
I must admit, having your culture appropriated by The Rainbow Family of Living Light would be disturbing, as this video clearly shows:

Posted by Andrew Branca on June 24, 2015 111 Comments
The Baltimore Sun newspaper has obtained a copy of the autopsy of Freddie Gray, they report, at a time when Prosecutor Marilyn Mosby is still refusing to provide that report and other purported evidence to the defense lawyers of six Baltimore police officers charged in the death of Freddie Gray.  The deadline for defense counsel to receive the report is Friday. The Sun did not release the report itself, but merely reported on its "take home" finding that Freddie Gray's neck injury was caused by a "high energy" impact to his head.  As the paper reported:
The state medical examiner's office concluded that Gray's death could not be ruled an accident, and was instead a homicide, because officers failed to follow safety procedures "through acts of omission." Though Gray was loaded into the van on his belly, the medical examiner surmised that he may have gotten to his feet and was thrown into the wall during an abrupt change in direction. He was not belted in, but his wrists and ankles were shackled, putting him "at risk for an unsupported fall during acceleration or deceleration of the van." The medical examiner compared Gray's injury to those seen in shallow-water diving incidents.
(emphasis added)

Posted by Kemberlee Kaye on June 24, 2015 29 Comments
The arbitrary deadline to come to a nuclear agreement is less than a week away. Yet again, Iran's Supreme leader took to Twitter to make his demands -- demands not congruent with previous agreements. The New York Times reported Tuesday:
In a speech broadcast live on Iran state television, the supreme leader, Ayatollah Ali Khamenei, demanded that most sanctions be lifted before Tehran has dismantled part of its nuclear infrastructure and before international inspectors verify that the country is beginning to meet its commitments. He also ruled out any freeze on Iran’s sensitive nuclear enrichment for as long as a decade, as a preliminary understanding announced in April stipulates, and he repeated his refusal to allow inspections of Iranian military sites. American officials said they would not be baited into a public debate with the ayatollah, who has the final word on nuclear matters. But with Western foreign ministers already hinting that the negotiations may go past the June 30 deadline, both American and European officials have said in recent weeks that they are increasingly concerned about the possible effects of the ayatollah’s statements.

Posted by William A. Jacobson on June 24, 2015 5 Comments
The anti-Israel activists employed as professors who led the fight at the American Studies Association to pass the academic boycott of Israel in December 2013, have been patting themselves on the back ever since. Forget that over 250 university presidents and the major academic organizations condemned the move as a gross violation of academic freedom.  Even the NY Times called the ASA a "pariah." The ASA humiliatingly had to back down from its plan to bar representatives of Israeli academic institutions from its annual meeting, eventually promising that even Bibi Netanyahu could attend. The profs seething with hatred of Israel, and anti-Zionist websites which promoted their academic boycott agenda, saw it differently. In their own minds, they were on the cusp of a historic anti-Israel paradigm change. The future belonged to the boycotters, in their minds. The reality has not worked out that way.  Other than some very small faculty organizations, no major academic group has adopted the boycott. No university in the U.S. is even considering a boycott. But the hyperbolic hateful rhetoric by the profs did have an effect.

Posted by William A. Jacobson on June 24, 2015 93 Comments
Possibly as soon as Thursday morning, but certainly by early next week, we will know how the Supreme Court rules on the issue of whether denying same-sex couples the ability to marry violates the U.S. Constitution. Lyle Denniston at ScotusBlog summarized the case as follows:
Taking on a historic constitutional challenge with wide cultural impact, the Supreme Court on Friday afternoon [January 16, 2015] agreed to hear four new cases on same-sex marriage. The Court said it would rule on the power of the states to ban same-sex marriages and to refuse to recognize such marriages performed in another state.... The Court fashioned the specific questions it is prepared to answer, but they closely tracked the two core constitutional issues that have led to a lengthy string of lower-court rulings striking down state bans. As of now, same-sex marriages are allowed in thirty-six states, with bans remaining in the other fourteen but all are under court challenge. Although the Court said explicitly that it was limiting review to the two basic issues, along the way the Justices may have to consider what constitutional tests they are going to apply to state bans, and what weight to give to policies that states will claim to justify one or the other of the bans....
I hate trying to predict court rulings, but the political winds have changed dramatically the past few years, so if I had to bet, I'd bet that the ruling is 5-4 for gay marriage. [Warning - my bets tend to be counter-indicators.] Don't think for a second that politics and public opinion doesn't influence such historic cases. I also expect Elena Kagan to be one of the five, based on her comments during oral argument, via NY Times:

Posted by Amy Miller on June 24, 2015 15 Comments
It's official---Bobby Jindal is running for President of the United States. Today's initial announcement was quieter than the many that have come before it. There was no stadium, no enthusiastic crowd, no Instagram enthusiasts---just a single camera, and a conversation between Jindal and his wife and children. It was...different. Watch: The crowds and flashing lights will come later---his more formal announcement will take place tonight at 5:45 EST, just outside of New Orleans. Bobby’s son Shaan will be offering a behind the scenes look at the announcement on Twitter's new live streaming app, Periscope. You can watch that stream here.

Posted by Amy Miller on June 24, 2015 15 Comments
Earlier this year, Boston Marathon bomber Dzhokhar Tsarnaev was sentenced to death after a jury found him guilty on 30 counts including conspiracy and murder. 10 of those counts carried a capital sentence, and just one month after the verdict was read, the same jury sentenced Tsarnaev to death. Today, a judge formally handed down that verdict, and allowed victims and their families to speak directly to Tsarnaev. About 30 people stepped up to speak, and the mood in the courtroom was emotional: CNN listened in:
"I know life is hard, but the choices that you made were despicable," said the mother of victim Krystle Campbell, Patricia, who stood with her husband William and her son and brother. "You will never know why she is so desperately missed by those of us who loved her," Karen McWatters, a friend of Campbell's, told Tsarnaev, who was facing in the direction of the speakers but not directly looking at them. Tsarnaev instead often looked down, as he did during most of his long trial.

Posted by Amy Miller on June 24, 2015 2 Comments
Representatives from the Yemeni southern separatist movement are meeting in Oman this week with Houthi officials in an attempt to stall the fighting that has led to a humanitarian crisis in the impoverished nation. In addition, a coalition loyal to former Yemeni President Ali Abdullah Saleh has headed to Moscow for a meeting with Russian officials (Lost track of who is fighting who in Yemen? The AP puts it this way: The fighting in Yemen pits the Houthis and allied troops loyal to Saleh against southern separatists, local and tribal militias, Sunni Islamic militants and loyalists of exiled President Abed Rabbo Mansour Hadi. The rebels seized the capital, Sanaa, in September.) Meanwhile on the ground, anti-Houthi forces have managed to re-secure one of the border crossings between Yemen and Saudi Arabia. This crossing was being held by the Iranian-backed Houthi rebels as part of their retaliatory assault on Saudi Arabia; Saudi, determined to maintain its influence in the region in the face of a rising Iran, has for the past several months led an intense bombing campaign against Houthi strongholds. This, of course, has led to a massive anti-Saudi propaganda campaign on behalf of rebel fighters who seek to maintain their strategic hold on the region. More from Reuters:

Posted by Jay Caruso on June 24, 2015 10 Comments
Despite not having taken the step to even announce that he's considering to announce a possible announcement about a run for the presidency, Joe Biden's people are quietly saying he will decide soon. Biden's entry into the race would certainly shakes things up. Despite the Hillary juggernaut, Biden could be a formidable opponent, and would certainly poll better as a candidate than he is now as Vice President. As for the potential run, CNN reports:

In just more than a month, Biden will determine whether or not to make another go at the top job. And while many Democrats say they're doubtful he will launch a presidential campaign, his supporters are holding out hope he decides to challenge Hillary Clinton for the Democratic nomination.

As he steps back into public life, Biden has set an early August deadline for making his intentions known, said a Democrat familiar with his thinking. Before his son's death, Biden consistently said he wasn't ruling out making a third bid for president.

U.S. News and World Report first reported Biden's August deadline. His office declined to comment on Biden's presidential aspirations.

On the question of polling, Hillary at this point has a commanding lead:

Posted by Andrew Branca on June 24, 2015 12 Comments
We last saw Attorney Alan Gura just last week, when we covered his oral arguments in front of the 9th Circuit en banc on the matter of "good cause" concealed carry requirements in California (see Full 9th Circuit hears “Good Cause” 2A Ruling and Analysis: Government’s laughable arguments in 9th Circuit 2nd Amendment case, both of which include video of the arguments as well as a rough transcript). Today, we catch up with Gura again as he enjoys a favorable Second Amendment decision from the United States Court of Appeals for the District of Columbia in the case of Dearth v. Lynch (previously, Dearth v. Holder).  (The full decision is embedded at the bottom of this post) This case has had a long and tortuous history, as noted today on Twitter by Gura himself: Alan Gura Twitter 6-23-15 Of course, the case is far from over.  Indeed, what Gura has just won after fighting for this case now for more than six years is merely the right to take the case to trial. (The original complaint was filed March 27, 2009, and is also embedded below; indeed, it more clearly sets out the basic facts than does today's ruling)

Posted by Kemberlee Kaye on June 24, 2015 32 Comments
Ah yes, the media and gun control. Senator Cruz joined PBS host Tavis Smiley Tuesday. Smiley seized the opportunity to peg Sen. Cruz on gun control. "To me and to others who've seen this, it seemed in bad taste, but maybe that's my assessment," Smiley said. "We all know what happened in Charleston the other day, and you were on the campaign trail after this happened, here's what you said on the campaign trail." Smiley then showed Sen. Cruz a clip bearing a HuffPo watermark, dated June 19 when Cruz was addressing a crowd in Iowa. "We need a second amendment, the right to keep and bear arms. You know the great thing about the state of Iowa, I'm pretty sure y'all define 'gun control' the same way we do in Texas -- hittin' what you aim at," Cruz explained as the audience chuckled. "Gun control is hitting what you aim at. Those comments were made after this tragedy the other day in South Carolina the other day, was that in bad taste?" Smiley asked.

Posted by William A. Jacobson on June 23, 2015 1 Comment
On May 25, 2015, I reported on my visit to Ziv Hospital in Safed (Tsvat), Israel, where people injured in the Syrian conflict were being given medical care, Meet an Israeli Doctor Saving Syrian Lives and Limbs:
Ziv has received some publicity the past two years for its treatment of Syrians. While some of the Syrians seeking help are not direct casualties of the fighting, such as expectant mothers, almost all have traumatic wounds as a result of the war. Almost all of them are men of fighting age, but it is a “don’t ask, don’t tell” policy as far as the hospital goes. The decision whether to admit people into the country for medical treatment, whether to treat them at the border, and whether to transport them to a place like Ziv is a decision made by the military. When the military does bring a wounded person to Ziv, the person is treated as any other patient.... A total of 490 Syrians have been treated at Ziv, under a status of “humanitarian life saving aid.” They are not treated as refugees under this status. Nintey percent are males, 17 percent have been children, and on one day in February 2013, 7 patients arrived in a single day.
[caption id="attachment_128518" align="alignnone" width="600"]Safed Rivka Ziv Medical Center Emergency Entrance [Ziv Hospital, Safed, Israel][/caption] These treatments are not sitting well with Israel's 130,000 person Druze community, particularly on the Golan Heights, out of concern for attacks on Druze in Syria by al-Qaeda linked groups. The concern is that the over 700,000 Druze in Syria, who have stayed out of the fighting but also have been protected by the Syrian government, will be slaughtered by Jihadis.

Posted by Kemberlee Kaye on June 23, 2015 15 Comments
Despite gender fluidity's fifteen minutes of progressive fame, men and women still hold differing opinions on what is "morally acceptable" in the confines of a romantic relationship. Polling released by Gallup Monday showed that the spectrum of "morally acceptable" behaviors has grown, but a crevasse splits men and women on issues like pornography, divorce, polygamy, extramarital affairs, and oddly, having children out of wedlock. Women are more accepting of having children outside of marriage and divorce. Women too, are less likely to find homosexuality morally unacceptable. Gallup Polling Men and Women
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