Pain in the Roundup

I have recurrent knee pain, that flares up apparently randomly and can be so debilitating that at its crest I can't even walk. It usually comes and goes over the course of a day or two (the "unable to walk" part might last a few hours, though less if I take some painkillers and/or wear my knee brace).

I also was recently diagnosed as borderline asthmatic. I actually have an inhaler, though I've used it probably less than a half dozen times in my life.

Anyway, last night, at around 3 in the morning, both the asthma and the excruciating knee pain hit at the exact same time: I couldn't breathe, and I could barely hobble my way into the bathroom to get some Aleve.

Long story short, I slept three hours last night and am a bit cranky. So you get a roundup.

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The women's wave isn't just an American thing: The Christian Science Monitor has an interesting article on Arab women running for office in Israel.

Antisemitism and the birth of Jewish Studies.

The RNCC has cut an ad for Jim Hagedorn (running for Congress in southern Minnesota -- the district my in-laws live in, as it happens) claiming his opponent is "owned" by George Soros. Subtle. Meanwhile, Rep. Matt Gaetz also posted a wild conspiracy theory (later boosted by the President) accusing Soros of giving money to members of a migrant "caravan" so they would "storm the border [at] election time."

Also on Soros, Spencer Ackerman provides a good history about how a Soros-like figure has virtually always played a central role in antisemitic social movements.

This was published prior to the Israeli Supreme Court ruling allowing Lara Alqasem into Israel to study, but it overlays with the point I made in my column: Israeli academics have (correctly) interpreted the government's attempt to keep Alqasem out as a "declaration of war" against them.

Newt Gingrich calls for the expulsion of all Muslims who "believe in Sharia" from America. But, if I can channel Trump v. Hawaii, we can hardly call this sort of thing "rank religious bigotry" based on nothing more than the fact that it obviously is.

Nylah Burton has a good column up on the weaponization of Louis Farrakhan against Blacks (and particularly Black Jews). I might have more to say on this, but I think the core points -- which in no way are apologias for Farrakhan's despicable bigotry -- are good.

Better Than Newt

This strikes me as a reach:

Sen. Ted Cruz (R-TX) told his Republican colleagues that the shutdown has improved the GOP's position in a closed-door lunch on Wednesday, according to the Washington Examiner.

Cruz paid for a poll conducted by Chris Perkins, of Republican polling firm Wilson Perkins Allen. The poll found results similar to those run by national firms this week, which showed Republicans taking the majority of blame for the shutdown. Only 28 percent of Americans have a favorable opinion of the Republican Party, according to findings from Gallup released Wednesday.

However, Cruz argued that because the shutdown resulted from a disagreement over Obamacare, not spending in general, Republicans are in a better position now than they were in 1995, according to the Examiner.

Cruz's poll found that 46 percent blame the 2013 shutdown on Republicans, while 51 percent blamed the 1995 shutdown on Republicans, according to the Examiner.

The public hates us, but not as much as they hated Newt Gingrich does not an effective rallying cry make.

Out of Many

Newt Gingrich renders his apologia for birtherism:

“I know that there is a desperate need to attach racism to everything but in fact I think that Donald Trump said what he said because it’s the right thing for him to say,” Gingrich said to reporters in the lobby of the Trump Hotel here. “I think that Obama creates very powerful emotions about him, largely because of the radicalism of his views. I think that's the key fact.”

Trump's widely discredited claims about Obama's birth certificate overshadowed GOP front-runner Mitt Romney's message on the economy last Thursday, yet Gingrich said that it’s a media-driven story.

“Nobody runs around saying whether Colonel [Allen] West was born in the United States. He's an African American you know. He's a congressman. Nobody runs around and says was Tim Scott born in the United States. He's a congressman. He's an African American,” he said. “So the idea of asserting that any charge against Obama somehow manages magically in the media to get back to racism, I think is just one more device to protect Obama.”

Ooh, ooh, let me play! "People keep saying lynching is about racism. But look at all the Black people who have never been lynched! Clearly, it's not about Black people, but about powerful emotions that surround the uppity ones, and when the media calls it 'racism', that's just another device to shield their radical agenda."

Seriously, though, it is interesting to watch the Republican establishment realize that it's not going to be able to contain birtherism. So it has to conduct rationales for it that excuse the misbehavior. If they had a zero-tolerance policy against birtherism, they'd lose half their base at this point.

Reality-Based Voting Bloc

In anticipation of their upcoming primaries, PPP polls Alabama and Mississippi. They're finding that both states are essentially knotted up between Romney, Gingrich, and Santorum. But there are some interesting breakdowns once you consider the, er, unique views of many Dixie Republicans.

For example, in Mississippi only 12% of voters think Obama's a Christian to 52% who think he's a Muslim and 36% who are not sure. In Alabama just 14% think Obama's a Christian to 45% who think he's a Muslim and 41% who aren't sure. Among voters who answer this question correctly, Romney dominates, but among the Obama's-a-Muslim crowd Gingrich starts to pull back into favor (holding an 11 point lead in Mississippi and tying the race in Alabama).

Barely half of Mississippi Republicans belief interracial marriage should be legal, and Newt crushes amongst those who think it should not. Romney leads amongst the quarter of Alabamans and Mississippians who believe in evolution, while Gingrich tops amongst the majority that does not.

Basically, one thing you can say about Romney is that he does do better among the bloc of Republicans who still have at least a foot planted in reality. The problem, of course, is that this is a relatively small segment of the GOP primary electorate.

Gingrich Scores the Coveted Duke Cunningham Endorsement

Newt Gingrich -- who, let us recall, was forced to resign from Congress in disgrace after a slew of ethics scandals -- has just won the endorsement of a prominent former Congressman. Unfortunately, both the reason he's "prominent" and the reason he's "former" is because ex-Rep. Duke Cunningham (R-CA) is currently in prison after being convicted of bribery.

Cunningham also said Gingrich enjoyed the support of "80%" of the inmates who watched the debate. And while they can't themselves vote (being in jail and all), Cunningham thinks they might be able to sway their extended families.

(Note: This post does not reflect a change in my underlying belief that prisoners probably should be allowed to vote).

Con Law I Roundup

I taught my first class of Constitutional Law today (thus, as one of my colleagues put it, making me officially a "professor of constitutional law"). I think it went well -- particularly the part where we had a vibrant discussion about the merits and demerits of what they did not know to be the North Korean constitution's equivalent of a bill of rights.

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In shocking, shocking news, new research shows that people aren't actually any more upset when decisions they dislike come from the courts rather than the legislature.

The tide has turned: opposing the Voting Rights Act may be the new GOP consensus position.

Buy Newt, get Palin along for the ride. What could be better?

Supreme Court blocks an Alabama execution of a man who missed an appeal deadline because, unbeknownst to him, all his attorneys had stopped representing him without telling anybody (the client, the courts, the family ... anyone at all, really). Scalia and Thomas dissented. Incidentally, the elite NYC law firm of Sullivan & Cromwell does not come off looking good in all of this.

Eugene Volokh asks a fair question, which is what critics of the "corporations have First Amendment rights" folks have to say about the actions of Google, et al, in vociferously protesting SOPA.

Massive protest by Ethiopian Jews against racism in Israel.

Failed System

After Newt Gingrich (along with Rick Santorum, Jon Huntsman, Rick Perry, and Michele Bachmann) failed to qualify for the Virginia primary ballot, the Gingrich campaign had sharp words for Virginia's "failed system":

"Only a failed system excludes four out of the six major candidates seeking access to the ballot. Voters deserve the right to vote for any top contender, especially leading candidates. We will work with the Republican Party of Virginia to pursue an aggressive write-in campaign to make sure that all the voters of Virginia are able to vote for the candidate of their choice."

As the article observes, Virginia doesn't allow write-ins for its primary ballots, so it will be an uphill slog for Gingrich indeed.

But seriously -- how pathetic is this? One can understand how Huntsman and Bachmann failed to qualify in Virginia, since Bachmann's lost all her supporters and Huntsman never had any to begin with. And the Perry campaign was probably stymied by the literacy requirement latent in any signature-gathering drive (it's just like Jim Crow!). But for Gingrich, this is just a colossal failure in basic campaign organizing. I mean, if he can't organize a basic signature drive effort, how can he manage a job like being the President?

Come to think of it, that seems like a pretty solid rationale behind Virginia's system for getting candidates on the ballot. Way to go, Old Dominion!

The Newt Republic

I'm not sure how you can read about Newt Gingrich's proposal to arrest judges who issue rulings he disagrees with without feeling a deep, shivering terror at the state of American democracy.

What's most amazing is that, even after saying stuff like this, we'll still be treated to beltway claptrap about how Newt is the "thinker" of the Republican field; that he's "visionary" and that at least he "has ideas". How those "ideas" deviate from Michele Bachmann's or, for that matter, Hugo Chavez is entirely unclear. But being a raging lunatic has never stopped anyone from seizing momentum in a GOP primary.

Gingrich's Infidility Saves His Bacon

Newt Gingrich refrained from signing a conservative Iowa group's "Marriage Vow" pledge, probably because he recognized that -- as a prominent serial adulterer -- he'd be a national laughingstock if he did (well, more so). Gingrich instead gingerly offered to help "sharpen" the language so he could sign.

But fortunately for Gingrich, the delay probably evaded a serious gaffe. Michele Bachmann and Rick Santorum -- who already signed the pledge, are now scrambling after folks pointed out the pledge implied that family dynamics for Black children were better under slavery than they are today (Robert George: "Black unemployment? Also low then, too!"). The specific claim -- that "a child born into slavery in 1860 was more likely to be raised by his mother and father in a two-parent household" than a Black child today -- is, in addition to being offensive on face (as the "two-parent household" here typically involved a slave woman and the master who raped her), also wrong on the facts.

Bachmann's damage control included a claim she didn't endorse the slavery portion of the four-page document (which was part of the preamble), wrongly explaining that in the antebellum south marriage was common and recognized amongst slaves, as well as a campaign release telling us that Rep. Bachmann "believes that slavery was horrible and economic enslavement is also horrible". That's definitely going to extinguish the fire alright.

So yeah: Lucky Gingrich.

Workshop Roundup

Come to law school for the makeup class, stay for the workshop (actually going to the makeup class is apparently optional).

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Former Utah Gov. and Ambassador to China Jon Huntsman takes the bold (for a GOPer) stance that climate change is real and scientists are worth listening to -- except for the part where we do something about it. Oh well, baby steps.

Newt Gingrich's poll tests -- too extreme even for Rep. Allen West (R-FL).

Cornel West flips out at Barack Obama. Melissa Harris-Perry has the best response. My favorite part was West's outrage that a hotel bellhop could get tickets to Obama's inauguration, but he couldn't. Outrageous!

Ex-Senator Rick Santorum (R-PA) declares John McCain knows nothing about torture, McCain's office responds with "who?"

PA President Mahmoud Abbas has a manifesto in the New York Times. Rebecca Lessee lets fly at it, but while I think a lot of her points are well-taken (and Abbas' misleading omissions and use of the passive-voice are aggravating), I'm beginning to come around to the notion that centering the Israel/Palestine discussion around endless sniping over narratives is probably not all that useful (though I continue to hope that respect for each others' stories is the "end game").

Hamas interviews one of the protesters at the Jordanian/Israel border. She misses the good old days when her father "massacred the Jews" of Hebron (she's 92 and originally from Hebron, so she's speaking from experience regarding the 1929 pogrom). Meanwhile, a Hamas official is licking his lips over the opportunity to wipe the Jews out.

The GOP's Ambassador

When he isn't advising folks to quit speaking the language of living in the "ghetto" (he says -- I'm not kidding -- he meant the Jewish ghetto, so presumably, his objection is to Hebrew), Newt Gingrich likes to think of himself as a "go-between" for the GOP and minority communities. No, I don't get where he got that idea either.

And now, Gingrich has started talking about what the GOP needs to do to build upon their 2010 victories in 2012. In order to rack up a suitable governing majority to begin 2013:

Republicans need to spend at least 30 percent of their time campaigning to black, Hispanic and other minority communities ....

Interesting! And what should they say in those meetings?

....and emphasize lowering taxes instead of social programs such as welfare.

Great plan, Newt! Finger on the pulse.

Via Chait.

Buchanan Says Gingrich Went Too Far

Pat Buchanan told off Newt Gingrich for comparing the planned Muslim community center in southern Manhattan to putting up a swastika near the Holocaust museum. Though, it being Buchanan, one can't be precisely sure if he was speaking up in defense of the Muslims, or the Nazis.

A Model to Emulate

When Sarah Palin announced her desire that "peaceful" Muslims "refudiate" a proposed Mosque to be built a few blocks from the World Trade Center site, I was stunned at her brazen devolution into religion demogoguery. Put aside the fact that the organization building the group is the epitome of a "peaceful" Muslim group. As Adam Holland observes, there really isn't any other way to characterize the opposition of Palin and her ilk other than as naked religious bigotry.

A law school friend of mine was defending Palin, and I told him that the argument (such as it is) against the Mosque reminded me of a decision by the Egyptian government to forbid Jews from utilizing a recently restored synagogue in retaliation for Israeli "aggressions" against Muslim holy sites. When I read that story, I saw a human rights violation. Sarah Palin, I said, saw a model to emulate.

I didn't mean it farcically, but I hardly expected Palin or one of her allies to actually consciously admit that they viewed religious discrimination the Middle East as a guide for us to follow. Yet here's Newt Gingrich, explicitly pointing to Saudi bans on synagogues and churches as a reason to bar a Mosque in New York. What I see as barbaric, Gingrich apparently sees as pathbreaking. If only we could be as humane and open-minded parochial and bigoted as the Saudis! What a great vision for America!

The similarity between Palin (and Gingrich) and the bigoted policymakers in the Egyptian and Saudi government doesn't surprise me, as Palin clearly cut from the same cloth as those who would render me a second-class citizen -- perhaps why she is one of the most singularly unpopular politicians amongst American Jews (others have alternative explanations).

Cornyn Hits Back at Limbaugh

I have to say, of all the Republicans I thought might take on Rush Limbaugh and Newt Gingrich for calling Sonia Sotomayor racist, Sen. "Big" John Cornyn (R-TX) ranked near the bottom of the list. But shows what I know:

"I think it's terrible," Sen. John Cornyn, the chairman of the National Republican Senatorial Committee, told NPR's "All Things Considered" Thursday. "This is not the kind of tone any of us want to set when it comes to performing our constitutional responsibilities of advise and consent.”
[...]
"We are all a product of our upbringing and who we are and I think it’s a fact people do have different backgrounds, but I don't think those background ought to determine what the law is," Cornyn said to NPR of Sotomayor's Berkeley comments.

The NRSC chief also brushed off the Limbaugh and Gingrich statements while noting neither man holds an elected office.

"Neither one of these men are elected Republican officials. I just don't think it’s appropriate. I certainly don't endorse it. I think it’s wrong," he said.

We'll see if he walks it back after the inevitable right-wing outcry. But still -- well-said, Senator.

The Incoherent Room

How is it, I wonder, that asking for a mere investigation into the people who ordered torture (and lied about it) makes you a crazy person, but calling for the ouster of those who may have lied about being told about torture is perfectly rational and mainstream?

For that matter, why is it that Newt Gingrich is mainstream at all? I don't see John Edwards or Elliot Spitzer being called on as elder statesmen.

Give The Seat Back

Rep.-elect Anh "Joseph" Cao (R-LA) is the guy who took out scandal plagued Democrat William Jefferson to win in an ocean-blue Louisiana district. Cao, the first Vietnamese-American to serve in Congress, will be representing a district that is 64% African-American. So, understandably, he's looking to do some outreach. And Newt Gingrich is offering to help:

By midmorning Cao was interrupting an interview to take a call from former House Speaker Newt Gingrich, who offered good wishes and, Cao said, counseled him "to reach out to the African-American community." Cao said Gingrich offered to act as a go-between.

Now, part of me is sympathetic: It's hard to admit to yourself that a large swath of the American population finds you loathsome. But still, some self-awareness is in order here. Pat Buchanan seems reasonably aware that he is not a popular figure amongst Jews (he doesn't think it's just, but he does acknowledge it). Gingrich can reasonably be expected to know he is not the most popular figure amongst American Blacks.

H/T: Steve Benen. Also, while I don't know enough about Cao to register an opinion (though anybody who knocks of Jefferson scores points in my book, and what I have seen so far has been positive), I can already say I like his wife:

On Monday his wife, Hieu Phuong Hoang, who goes by Kate, celebrated Cao's victory by calling Walgreens, where she worked as a pharmacist, and quitting her job.

Awesome.

Boro Park Shudders

A few days ago, Newt Gingrich spoke out against bilingual education by saying that people should "learn the language of prosperity, not the language of living in a ghetto." Most people assumed he was referring to Spanish, as that is the primary case of bilingual education in America, and controversy ensued.

Now Gingrich has tried to clarify. The statement did not mention or "refer to Spanish." So, what did he mean? Gingrich goes on:

Now, I'll let you pick -- frankly, ghetto, historically had referred as a Jewish reference originally. I did not mention Hispanics, and I certainly do not want anybody who speaks Spanish to think I'm in any way less than respectful of Spanish or any other language spoken by people who come to the United States.

Ah, it's Hebrew that is the language of the ghetto! We better dispatch some red-blooded Americans to integrate Kiryas Joel, pronto. Otherwise they'll never learn the language of prosperity, and Jews will be stuck in their American ghettos for all eternity!

Negative Gain Round-Up

I actually have made negative progress on my finals this week. The four pages I've written are washed out by the five page paper I only just today was informed/remembered I had. Net: negative one page. Speaking of finals and failing, I also played in the IM floor hockey championship game today. I had two goals, but we lost 5-3. Still, it was an excellent season (we had to win a razorthin 2-1 upset to even make the finals), and we'll be back next term.

So instead of real posts, you get a round-up:

The NYT has a cool story about adopted Chinese orphans getting their Bat Mitzvot. I like anything that binds Judaism into multiculturalism--we're not all (or even mostly) White, y'know (for example, That Black Lesbian Jew)!

A BBC Poll is out, measuring various countries' assessments of whether other countries are mostly positive or negative influences on the world. Israel beats Iran for last place, both as an average and in terms of most countries ranking it last. Israel had net positives only from the US, India, Kenya, and Nigeria. Incidentally, Germany's split on Israel was 10% positive, 77% negative--only Turkey, Egypt, and Lebanon had lower net negatives for the Jewish state.

Belle Waring has a stellar post on female sexuality from a feminist lens.

A post by Jill at Feministe explores her personal experience being targeted on law school posting forums. Some pretty sleazy stuff happens on those threads. Dave Hoffman makes an interesting contribution to the discussion.

Peggy McGuinness blogs on the State Department's release of the 2006 Human Rights report. It's a bit tough to condemn Egypt for torture when we're sending our terror suspects over to Cairo so they can be tortured on our behalf.

Ezra Klein excerpts from an intriguing interview with GOP Presidential Candidate Gov. Mike Huckabee (AR).

Watch the surge work!

The Washington Post has a series of stories up on the Darfur situation. They aren't good news. The refugee camp situation along the Chadian border is worsening, and gunmen have kidnapped and killed two peacekeepers. Meanwhile, Sudanese leader Omar al-Bashir wrote Bush a letter, and Bush apparently wrote back (no judgment on my part without knowing the content of his response).

A Southern blogger not-so-gently corrects Newt Gingrich for blaming the victims of Katrina.