Posner on Scalia's "Textualism"

This is a devastating review of Justice Scalia's rather inconsistent and meandering commitment to "textualism" (whatever that means -- and it appears to mean, "whatever Justice Scalia feels like").

Ban Ki-Moon Rebukes Iranian Leadership

UN Secretary-General Ban Ki-Moon sharply rebuked the Iranian Supreme Leader Ayatollah Ali Khamenei for delivering a speech at the non-Aligned Movement conference that lambasted Israel, the UN, the US, and the west. Ban, who was in attendance at the Tehran-hosted conference, accused Khamenei of describing Israel "in racist terms" after Khamenei, among other tidbits, said Israel was comprised of "bloodthirsty wolves".

Depending on one's view of things, folks are happy that Ban made the statement or unforgiving that he attended the conference in the first place (or, I suppose, angry that he dared criticize those who want to see Israel obliterated). As for me, I don't envy the sort of balancing that Ban has to do as part of his role as UN Secretary General, and I guess he does it about as well as one might hope. On the other hand, I don't actually find the UN as an institution to be all that useful except as a convenient forum for hearing the collective views of the community of nations. These views, more often than not, turn out to be repellant, but it's still useful information to know I guess -- so long as one does not make the mistake of actually according them normative weight as well.

Your Suffrage is Bad and You Should Feel Bad

That the GOP officially wants to keep DC a colony is unsurprising. What's more surprising is that they want Congress to mandate that DC "elect" Republicans. They say it's important to effectuate better governance in the district. And hey, maybe it is? You know how one does that in a democracy? By convincing the voters you're worth voting for! Or, apparently, by rigging the game so you have to win -- something that, more and more, is becoming the Republican modus operandi.

Body Swappers, Part II

Former Obama supporter ex-Rep. Artur Davis' (D-AL, though he's since switched parties) turn to Mitt Romney is well known. I noted at the time he seemed to be crossing the opposite path of former Florida Governor Charlie Crist (R, now I). And wouldn't you know it if Crist has just come out and endorsed Obama for re-election.

The switch is pretty much complete at this point, I'd say.

"And 100 Stood By and Watched"

Today's pet peeve comes in reporting of public acts of violence, and bystanders not intervening. Generally, some horrible act occurs in the public square, and the news accounts inform us that "one hundred people looked on but did not intervene" or something like that. The Kitty Genovese murder is the archetypical case, but you hear it pretty frequently. The implication is amazement at how many people could be so callous and uncaring -- could not one of them have the decency to stop the atrocity?

Ladies and gentlemen, allow me to introduce you to a social psychology phenomenon known, conveniently enough, as the Bystander Effect. The Bystander Effect tells us that people are less likely to render aid to those in need when there are many other people around than when they are alone, and the effect is compounded based on how many bystanders are present. So, if C observes A beating up B and C is the only other person present, C is far more likely to intercede than if C is there with a dozen other people present (and even more likely than that if there are a hundred witnesses). There are several reasons for the effect, mostly having to do with issues of conformity, but it is a pretty robust finding.

So the next time you see a story like this and conclude that "wow, one hundred people and not a halfway decent human among them", remember your psychology and think for a moment. Now you're more educated.

We've Got Spirit, Yes We Do!

Oklahoma City apparently bans wearing clothing that is not supportive of their state's college sports teams.

On the list of banned items, non-Oklahoma college dress falls directly in between gang symbol haircuts and "satanic cult dress, witchcraft and related symbols."

Uf-da.

Akin's Remaining Friends

In the wake of Missouri Senate candidate Todd Akin's (R) comments that women who are victims of "legitimate" rape don't get pregnant, it's been gratifying to see a large number of GOPers looking to cut Akin loose (e.g., Sen. Ron Johnson (R-WI), Sen. Scott Brown (R-MA), and Sen. John Cornyn (R-TX)). Sure a goodly portion of it is the belief that Akin's about to cost them a likely Senate pick-up in Missouri, but the bare recognition of the fact that sometimes lunatic craziness has electoral consequences is a big step for the GOP compared to 2010.

But don't shed too many tears for Akin. It's not like he's wholly without friends. The Family Research Council released a statement saying that while they "don’t know anything about the science" (... but I repeat myself), Akin is assuredly the real victim here of the dreaded "gotcha politics". Meanwhile, across the pond George Galloway wants you to know that even if Julian Assange is guilty of everything he's alleged to have done, it's clearly nothing more than "bad sexual etiquette." To call it "rape", Galloway claims, would " bankrupt the term rape of all meaning."

I sense a new group of besties forming....

Settler Terrorism is Terrorism

The US State Department has begun grouping in settler "price tag" attacks as a form of terrorism committed in Israel and Palestine. This is, of course, exactly right. And furthermore, when someone -- I don't care who -- commits a terrorist strike in territory under Israeli jurisdiction -- I don't care against whom -- they're threatening the security and stability of the Israeli state. They are threats to Israeli national security, and ought properly be seen as such.

In related news, a 19-year old suspect has been arrested in the "lynch" attack in Jerusalem that injured four Palestinians, one critically.

Lie Extermination

Garance Franke-Ruta has three suggestions for how the media can handle repeated campaign lies (such as Mitt Romney's claim that Obama has eliminated the work requirements from welfare).

1) Add boilerplate to every story indicating it is a lie (similar to how stories about "Obama is a Muslim" always included language informing the reader that this was false).

2) Always attribute the charge to campaign partisans, and immediately quote rebuttal from opposing partisans.

3) Turn repeated lying into its own story.

Of these, I dislike the second, because it's identical to he said/she said journalism, which actually allows the lie to get traction because independents will assume the truth lies somewhere in the middle. But the other two proposals are spot on. Franke-Ruta expects us to start seeing "repeated liar" stories, which would surprise me. It's hardly unprecedented -- remember Election 2000? -- but it seems like it takes balls the media tends to lack.

I'd be particularly intrigued if such a story didn't just attack the credibility of the instigating campaign, but also took on the think tanks providing a "source" for the charge (in the case of the "Obama gutted work requirements" lie, that would be the Heritage Foundation). Such organizations depend, in large part, on their ability to be taken as credible currency by the media -- providing an "independent" veneer to whatever claim they're making. I'd love to see some consequences when they abuse that privilege and act as simple hacks.

Sacramento Makes Ashkelon a "Sister City"

The Sacramento City Council unanimously voted to make Ashkelon, Israel one of its "sister cities". Ashkelon joins nine other Sacramento sister cities, including Bethlehem in the Palestinian Authority (Bethlehem was added in 2009, under a deal that would see an Israeli city added later).

There was some controversy from the usual suspects (including Jewish Voice for Peace, which totally opposes only the occupation and not Israel-qua-Israel). The claim was that adding Ashkelon was unfair given Israeli human rights violations against Palestinians; some argued against Ashkelon specifically because it has a jail which holds Palestinian prisoners and because Ashkelon was formerly the site of a Palestinian village (the village had been the site of fierce fighting between Israeli and Egyptian forces during Israel's war of independence, forcing many of its residents to flee). Today, Ashkelon's most well-known relationship to the Israeli/Palestinian conflict is its status as a constant target for Palestinian shelling emanating from the Gaza Strip.

I'm disinclined to credit the claim that the opposition's problem is with Ashkleon, rather than with Israel -- the arguments they make against Ashkelon are exceptionally thin and could, with minor shifts, be applied against virtually any city in the world). Which inspired me to take a look at the other cities Sacramento has partnered with.

* Manila: Capital of the Philippines, which is currently engaged in a brutal counter-insurgency against Islamic separatists in the southern parts of the country. The Philippines has resorted to extrajudicial killings, vigilantism, disappearances, torture, and arbitrary arrest and detention.

* Matsuyama, Japan: Japan has a long-standing practice of discrimination against the indigenous Ainu people, with de jure discriminatory laws repealed only in 1997.

* Jinan, China: Yeah, I'm not even going to bother with this one. From the occupation of Tibet to one-party rule to government censorship and crackdowns on dissent, this is too easy.

* Hamilton, New Zealand: Built on the site of Maori villages prior to British colonization. New Zealand's treatment of its indigenous minority continues to be of concern.

* Liestel, Switzerland: Switzerland has recently come under fire for banning the building of minarets in Mosques. Liestal is the seat of Basel County, where over 55% of voters approved the ban.

* Chisinau: The capital of Moldova, another country with a spotty human rights record, including many restrictions on independent media and reports of widespread torture by police forces.

* Yongsan-gu, South Korea: Imperialist swine. In all seriousness, though, non-Korean minorities face considerable discrimination, particularly among non-documented workers from elsewhere in Asia. The country also has many anti-gay discriminatory laws.

* San Juan de Oriente, Nicarauga: Also built in the vicinity of native villages by European colonizers, Nicaragua has also experienced significant problems with police abuse, and President Ortega has been accused of using state apparatuses to squelch dissent while enabling regime-friendly groups free reign to violently terrorize opponents.

* Bethlehem: Palestinian security forces stand accused of violence against Christian residents, who have accelerated emigration from the city. Israeli citizens are forbidden from entering Bethlehem, including the Solomon's Pools, while Palestinians require a permit to enter Rachel's Tomb, a Jewish holy site. Military and paramilitary forces linked to the Palestinian Authority have been implicated in numerous terrorist attacks against Jewish targets.

The point isn't that any of these cities shouldn't be "sister cities". The point is that the claim that Ashkelon or Israel is somehow distinct in form from other cities that Sacramento has paired with (or indeed, most cities around the world) are essentially spurious. They're cover for a fundamental objection that Israel is there and doesn't roll over and die.

Suppressive Cycles

I confess to having similar thoughts to Harold Meyerson:

If voter suppression goes forward and Romney narrowly prevails, consider the consequences. An overwhelmingly and increasingly white Republican Party, based in the South, will owe its power to discrimination against black and Latino voters, much like the old segregationist Dixiecrats. It’s not that Republicans haven’t run voter suppression operations before, but they’ve been under-the-table dirty tricks, such as calling minority voters with misinformation about polling-place locations and hours. By contrast, this year’s suppression would be the intended outcome of laws that Republicans publicly supported, just as the denial of the franchise to Southern blacks before 1965 was the intended result of laws such as poll taxes. More ominous still, by further estranging minority voters, even as minorities constitute a steadily larger share of the electorate, Republicans will be putting themselves in a position where they increasingly rely on only white voters and where their only path to victory will be the continued suppression of minority votes. A cycle more vicious is hard to imagine.

This does not strike me as a negligible risk. The voter suppression tactics of today are "justified" by reference to a non-existent phenomenon, so its not like Republicans have to worry about a fig leaf jarring loose. And if GOP's only path to competitiveness is in each year blocking more and more minority voters from reaching the polls, there's a real chance that's the strategy that they'll adopt.

The Ryan Effect

There are different schools of thought when it comes to choosing a Vice President. One can pick to reinforce a narrative ("this election is all about the economy"), or to balance the ticket (the nominee is strong on domestic issues but has little foreign policy experience, so pick a VP who is know to be an IR maven). One can pick based on electoral calculation or based on who is ready to take the reins of the presidency if disaster strikes. One can go for geographic diversity, or break barriers by selecting a woman or sexual minority.

But the selection of Rep. Paul Ryan (R-WI) as Mitt Romney's VP nominee has raised a new criteria -- effectively shifting blame for a loss. Already I'm seeing a bunch of different reports arguing over whether and how Ryan reallocates blame for a Republican defeat in November. Some say Ryan's presence on the ticket pins the loss on the far-right slash-and-burners that Ryan represents. Others vehemently disagree, saying this is still the "moderate" Mitt Romney's baby.

I'm not really sure what I believe. But I do know that if the first reaction to the VP pick by one's base is "how does this impact our upcoming November defeat", well, that's not exactly the sign of a healthy and confident campaign.

This is a Secret Message

Testing from behind the wall. If you aren't an approved reader, you shouldn't be able to see this. If you can see this, either the wall isn't working or welcome to the club!

The End, For Now

You all gonna be here when I wake up?

I was planning on waiting a few more days to write this. It was not something I was looking forward to, to say the least. But I hit a natural lull in my blogging and, well, it didn't seem smart to try and get back in the groove given what was looming on the horizon.

Eight years and two months after I launched it shortly after my high school graduation, The Debate Link is going on public hiatus.

I mean "hiatus" seriously -- this is a required break for the duration of my clerkship, where various rules of judicial ethics effectively prevent me from having a high-profile public platform for launching all my half-formed opinions onto the world. Everyone raves about how wonderful clerking is, and I'm excited about it too, but this is one major sacrifice I'm being asked to make. But it's only for a year, I hope. The plan is that once that clerkship ends a year from now, the blog will resume as well.

Still, this is a scary thing for me. The Debate Link has been my baby for nearly my entire adult life. I created it from scratch and since then it has become a really important part of me. It's a space for me to let off steam, incubate new ideas, or just shoot the breeze about random interesting events. It has more or less served as my mind's external hard-drive for years. And, of course, it has sparked innumerable great conversations with friends and colleagues off-line, all of which I treasure.

Some of these things I can still do -- just not in a public setting. I'll move the blog behind a password wall, and I can still write to my heart's content. So in that sense it isn't really a "hiatus", since I'll still be doing some writing (albeit probably at a reduced pace). But taking the blog out of the public eye means giving up one of the most important things of all -- the blogging community. I'm still small-ball enough that getting links from any blog (big or little) tickles me pink. And even more important than inbound links, I've been blessed with some wonderful commenters and met some wonderful people through The Debate Link. It is difficult to let that go -- even temporarily. While I may end up sharing the password with a limited audience, there's no getting around the fact that I'm essentially disconnecting the blog from its larger ecosphere, and that's going to hurt.

But so it is. I'm going to leave this post up on top as my formal farewell until I get back from my vacation in Maryland later this month, and then The Debate Link will officially become password protected.

Again, I want to thank everybody who's been reading me -- those of you who have been around almost since the beginning, and those of you who are relatively new. You've been fantastic.

Just promise me you'll be here when I get back.

Concern Trolling, Thy Name Is Lara

I think Americans for Peace Now is generally a good organization, but this piece by Lara Friedman on the "exploitation" of Jewish refugees is just awful. The instigation for the column is various moves in both Israel and the United States to place the issue of Jewish refugees from Arab countries -- many of whom were forced to flee anti-Semitic discrimination and violence and watched as their property was confiscated -- on the agenda of the broader Israeli/Arab peace process. "Exploitation", here, appears to be defined as "making sure these persons are not completely overlooked".

The basic problem with Friedman's article is that, while it purports to recognize that there are unresolved issues of justice with respect to the departure of Jews from Arab nations, she effectively labels any efforts to make it an agenda item an example of illegitimate political gamesmanship meant to neutralize claims by Palestinian refugees. For starters, even on face this isn't really correct -- the congressional bill she cites, for example, specifically suggests that Israeli and Palestinian refugee claims ought to be paired. So she twists a bit and says, no, the problem is that discussion of Israeli refugees as a parallel to Palestinian refugees is wrongheaded because they're separate issues. Which they are, but it's not clear why that's relevant -- if they're both issues of concern, both should be on the agenda, and one set of refugees currently is being largely ignored. Jewish refugees and their descendants have every right to wonder about the asymmetry as compared to the most analogous event. None of these bills do much more than urge that Arab Jewish claims become part of the agenda -- which right now they are not. If even that relatively modest call is illegitimate politicization, then Friedman is effectively saying that Arab Jews should permanently shut up.

Is part of the impetus for this discussion an attempt to fight back against the notion of Israel as the sole wrongdoer victimizing Palestinians, while Jews had it made in the shade? Sure. But so what? Aside from the fact that if we're going to get all high-groundy over disputants' attempts at framing we'll be here all day, Israel wasn't the sole wrongdoer and not all Jews did have it made in the shade. The fact of the matter is that this is an issue which has been grossly overlooked for decades for a variety of factors -- racism against non-White Jews ranking high among them -- and now is finally getting some attention. While Friedman says that these claims are "tarnished" because they also have political valence, I doubt the men and women in question will lose much sleep over it, given that everything in this region has a political valence. If that's Friedman's standard -- and it really isn't, because it's impossible for it to be one she applies to every Israeli/Palestinian issue -- what she's actually saying is that any discussion of Arab Jewish claims is a distraction from real-people issues.

Frankly, this is a class of persons that's been silenced for long enough, and deserves to have their grievances aired. Friedman may sigh about how she feels for Arab Jews, but without any indication of how a conversation about them can proceed in an "acceptable" fashion, it rings quite hollow indeed.

UC's Misguided Flirtation with Hate Speech Ban

The Forward has an interesting story up about a proposal by a University of California community to regulate hate speech -- in part because of alleged anti-Semitism as part and parcel of various anti-Israel and pro-Palestinian protests.

While I'm perhaps a little more ambivalent than most on this issue, I still lean towards skepticism. There's just too much room for manipulation with regard to what counts and what doesn't. One of the co-directors of the panel, when asked about whether calling Israel an "apartheid state" would count as hate speech, replied "I couldn't give you an answer without looking at the definition of how courts define hate speech." Bzzt. American courts don't have a definition of hate speech, because hate speech isn't a legally cognizable concept in American law at the moment. The panel grandstands about the inevitable legal challenge (urging the university to "accept the challenge."), but it isn't altogether clear they know just how shaky their position is.

And furthermore, it seems like a ban is the easy way out. Banning hate speech is a sign not just that one's community has racist, sexist, or anti-Semitic members. It's a sign that the community as a whole does not have a strong enough commitment to liberal ideals to defeat them by normal means. It is easy to sign an order barring a racist protest. It is considerably harder to mobilize the community to counterprotest, to flood the newspapers with condemnatory editorials, and to otherwise make it known that the fringe is a fringe. It strikes me that UC's flirtation with this move is done with the knowledge that the fringe isn't so fringe at all, and a corresponding lack of confidence that, left to their own devices, the Cal community really can be counted on to stand against bigotry. There is irony in the report chiding UC President Mark Yudof for condemning a protest of a pro-Israel event, for in a sense that's precisely the right tactic -- people can protest however they want, and we hope that the university leadership and student rank-and-file makes known their contempt for the protesters. That's how one reconciles free speech with combating hate speech -- "more speech, not enforced silence."


None of this is to say that issues of racism and anti-Semitism aren't problems on California campuses. The JVP, for example, is complaining about a co-director of the panel who apparently is biased because he's (*gasp*) pro-Israel. They're also making the banal and irrelevant point that Jews have a variety of positions on Israel, though it is altogether unclear why that would make it impossible for any particular statement or protest against Israel to be anti-Semitic (as usual, the JVP's main contribution is to act as Jewish voice for what non-Jews want to say about Jews with impunity). But that the JVP has an institutional hostility to the belief that anti-Semitism exists does not mean that any policy geared at combating it is appropriate. I'm skeptical of Cal's ability to manage an anti-hate speech program, and I'm worried about such a policy serving as a short-cut against what needs to be done -- an actual, concrete, substantive, broad-based commitment by the entire university community that bigotry is unacceptable and does not represent California values.

Down Goes Perry!

The kinda-upset by former state Solicitor General Ted Cruz over Lt. Gov. David Dewhurst in the Texas Republican Senate primary (kinda because while Dewhurst started as the overwhelming favorite, all the momentum had shifted to Cruz during the run-off such that by election day, prognosticators were saying that a Dewhurst victory would be "a surprise") doesn't effect me very much. It in effect chooses a new US Senator. And, since this is Texas, he looks like a typical loon, but no more than anyone else. I mean, what Republican at this point doesn't oppose efforts by a shadowy Jewish financier to destroy freedom and achieve global domination George Soros' "grand scheme ... to abolish 'unsustainable' environments, including golf courses, grazing pastures, and paved roads" efforts by a shadowy Jewish financier to destroy freedom and achieve global domination (you know what -- my original formulation is more accurate, so I'm sticking with that).

But what is a little interesting is how this race puts the exclamation point on the fall of Rick Perry. Dewhurst, of course, is Perry's LG, and Perry went to the mat hard for him. But even in Texas, Republicans have fallen out of love with the man who actually managed to be too stupid to win the GOP nomination. And hey, I can certainly support that. The craziness of Texas politicians is a constant, but I can at least enjoy watching the final implosion of Governor Rob Ritchie.

Reports from the Move

As this post indicates, internet is now online, which means the most crucial part of any move has been a success. As always, obtaining wireless connectivity was a desperate, sometimes hopeless-seeming struggle, with twists, turns, a few tears, and a few times where I thought I'd lost even direct connectivity (those last two events may have be related). I honestly think wireless routers refuse to work for the first half-hour after a move out of spite, solely to get you to fiddle impotently with various incomprehensible settings (absent guidance from the internet, because, irony) and make your situation worse each time. As best I can tell, the wireless only started working when I reverted back to the original settings that had failed to work when I first connected the router to the modem. Oh well -- past is past.

Other thoughts:

* We misestimated the truck size we'd need for the move, and so Saturday morning became a brutal triage of which furniture got to make the trip to Minneapolis. A lot of good pieces were left behind. An IKEA trip yesterday has replenished the living room, though much of it remains unbuilt.

* The building managers of the apartment appear to be fascist (Jill says sadist, but it seems to me like their motivating desire is total autocratic control rather than gaining pleasure from others' pain). The number of restrictions on our move in was unbelievable.

* The local grocery store is nice, but too nice -- it's the sort of place that seems to view stocking items like "shampoo" to be degrading. Since there is no CVS for miles, this is deeply unfortunate.

* On the food side of things, Chipotle within walking distance may quickly obviate the need for said grocery store anyway.

* We're back on Comcast, as the building has a contract which makes it insanely cheap. Our installer, Trivia (real name, unbelievably), was very nice, but I can't help but notice one of my TVs effectively can't change channels. Thankfully, Jill is calling them, because I cannot go through this again.

* I already desperately miss smoothies. Neither Jamba Juice nor Robek's nor Smoothie King nor Freshen's appears to have discovered Minneapolis yet. Nor, if my cell phone reception is to be believed, has AT&T.

Moving on Up

Today's packing today, and tomorrow's moving day. I'm off to Minneapolis, and will be moved in on Monday. But no time to rest on my laurels -- I'll be in Chicago next weekend, and I'll be in DC (and the beach) for days a week after that.

J Street Takes on the One-State Caucus

When J Street attacked Rep. Joe Walsh (R-IL) for his one-stateism, I said that the ad was exactly what I wanted to see in theory, but noted a few problems in the execution. Basically, I didn't think it was aggressive enough in hammering home that one-state = anti-Israel.

This is more like it.



The ad still isn't perfect on execution. At a full minute it runs a little long, and takes some time to get its wheels spinning. I think the beginning can be trimmed considerably, and I think the Adelson reference can be cut (not because Adelson isn't being a putz about this, but I'm not sure why his involvement makes things worse). I also think adding quotes from other Jewish organizations saying "one state = anti-Israel" would pack some punch.

But nitpicking aside, the message is loud and clear: The one-state solution stands in opposition to Israel's Jewish, democratic character. It is an obstacle to a true peace that respects the rights and security of Israelis and Palestinians alike. Ergo, anything less than support of a two-state solution isn't pro-Israel. J Street is saying nothing more than what every other mainstream Jewish organization has been saying for years but now seems too cowardly to stand up for. So I'm glad that at least one pro-Israel group has the balls to take on the rising one-state tide head on.