Friday Mashup (10/17/14)

October 17, 2014

mark-bio

  • By the time you read this, the sickening little demonstration noted here will be over (due to take place around midday today) – more follows…

    The video opens with the black-and-white footage of the Rev. Dr. Martin Luther King Jr.’s stirring clarion call for equal rights at the 1963 March on Washington.

    It quickly goes full color, and cuts to gruesome close-ups of the bloody remnants of abortions. It is fair to say that what is shown is disturbing.

    On Friday, the images will be displayed on a 10- by 12-foot screen set high on Independence Mall, the heart of Philadelphia’s tourism zone, as the antiabortion group Created Equal brings its high-tech assault on the practice to Philadelphia.

    The video, on a continuous loop, will be played from 11 a.m. to 3 p.m., according to Mark Harrington, Created Equal’s national director.

    “It seems fitting to me that we are launching this campaign in the very place where our nation’s founders penned those words, created equal,” Harrington said. “We are still battling for equal rights. In this case, it is the pre-born who are being discriminated against.”

    I know there are individuals out there who profess to be “pro-life” and who indeed “walk the walk” as opposed to just “talking the talk,” and who have adopted babies, taken in single mothers in desperate situations, staged prayer vigils away from clinics and not interfered with the medically-related activity taking place (and of course not shouted epithets at anyone, thrown blood, tried to wreck cars, or any of that other stupidity, to say nothing of not writing ridiculous garbage in newspapers or calling into talk radio demonizing mothers seeking medical help). To me, those people deserve respect.

    However, most of these individuals in my experience (such as it is) are cut from the same disgusting cloth as Mark Harrington (pictured). And I think it’s particularly vile for Harrington and his ilk to even imagine that his escapades have anything whatsoever to do with the struggle for civil rights in this country.

    There is no good reason whatsoever for Harrington to engage in an activity like this (showing fetuses in the most grotesque situations imaginable, and probably some situations we can’t imagine), trying to force these images down the metaphorical throats of anyone visiting Independence Mall (including very young children, I’m sure), once of the more scenic places in the city (and the weather is nice today, so it should be busy), other than self-promotion.

    And yes, I have a particular axe to grind here because I can still vividly remember the seemingly never-ending pictures of fetuses in jars in the Catholic Standard and Times newspaper after the Supreme Court handed down Roe v. Wade in 1973, a time when I was still quite young and impressionable. As I’ve said, the images had an impact, but probably not the one the Church intended.

    Harrington has pulled this stunt before, by the way, including Turlington Plaza at the University of Florida (generating this response, including the following)…

    This has nothing to do with being pro-choice, pro-life or pro-anything. Regardless of anyone’s beliefs about abortion — and we all have an opinion there — does anyone feel it is acceptable to make students with abortion experiences feel uncomfortable on their own campus? No matter what the message, presentation is everything. In my opinion, a less-hostile open dialogue would be a more productive model of outreach. There must be another viable medium that doesn’t feel like an ambush. If I were considering abortion, or simply on the fence about my beliefs, these seemingly extremist people are not the ones I would consult.

    Created Equal executive director Mark Harrington says his platform targets “the mushy middle,” people who have no strong stance at either end of the abortion debate spectrum.

    I don’t believe such an audience exists on a university campus. If you do exist, on-the-fence folks, here’s my message to you: engage in civil, fact-based conversations with multiple people from both sides of the issue. Sharing beliefs and creating an open dialogue about social issues is a fundamental aspect of university life. One beauty of our campus is that it fosters constant exposure to new belief systems. No one here is naïve enough to want protection from opposing views. I imagine we all value them greatly. But this sideshow? It’s all a sensational stunt, an exhibition of the outlandish that serves only to needle young women into feeling guilty.

    To the members of Created Equal, thank you for voicing your beliefs and exercising your right to free speech. However, is it too much to ask that women with abortion history or those considering it presently have a peaceful walk across their campus without being confronted by grisly photos of fetuses on coins? Is there not enough humanity in your movement to recognize the benefits of a different approach? Judging from the pamphlets that were available at the exhibit, I know you have other media at your disposal.

    Regardless of my abortion views — which have probably become apparent anyway — it’s important to note these images are not from the typical procedure. Traveling pro-life groups are notorious for using photos of late-term abortions carried out for emergency reasons. Those interested should visit http://www.thisismyabortion.com/ for a glimpse of reality.

    Uh, yep.

  • Next, I don’t want to spend too much time on the waste of protoplasm that is Erick (“Son of Erick”) Erickson, but he concocted the following nonsense here (in a column trying to equate ISIS with the cases of Ebola in this country)…

    The Syrian rebels were too rag-tag and weak to take on ISIS, according to President Obama. But within a week of saying that, he announced to the world that his plan in Syria was to arm those rag-tag rebels and have them do our bidding against ISIS.

    Um…regardless of what you may think of the strategy of arming Syrian rebels against ISIS (not a good option as far as I’m concerned, but preferable to U.S. “boots on the ground”), doesn’t what Erickson describe above seem like a logical course of events? Where is the “there” there?

    It gets better…

    The president also told the American public that Ebola would never come to the United States.

    Not according to factcheck.org, which tells us the following (here)…

    Sen. John McCain claimed on a Sunday talk show that “we were told there would never be a case of Ebola in the United States.” Not exactly. U.S. health officials, early in the outbreak, said it was highly unlikely, but we could not find any instances of them saying it would never happen.

    This item from Fix Noise shill Jeanine Pirro doesn’t have anything to do with the Erickson column, but it does have something to do with ISIS, so allow me to add it here; namely, Pirro’s claim that Obama released Abu Bakr al Baghdadi, supposed head of this bunch of murderers, in 2009, which is categorically false. And as for Ebola, I guess what you would call of “clearing house” of debunked Ebola-related BS is here. And in conclusion on ISIS, I think this is definitely food for thought also.

  • Further (and sticking with Number 44), it looks like “liberal” Richard Cohen is at it again (here)…

    Tell me something: What do you think would happen if the United States concludes that Iran has been cheating and delaying and is about to pop a fully functional nuclear weapons program? Would President Obama respond by joining Israel to bomb the Iranian nuclear facilities to smithereens, or would he stall and equivocate? My bet is the latter and also, just to double down, what I bet the Iranians are betting. They have taken the measure of Obama. He lacks menace.

    Menace is essential in a world leader if he (or she) is going to be feared as well as admired. Obama falls into the admired category — the leader who won the Nobel Peace Prize with mere good intentions, a guy who had a new attitude toward Russia (a reset) and Iran (an approach) and China (a pivot) and, of course, to the Muslim world — an appreciation from a president who had broken the mold. We know him now as someone miscast: a rational man in an irrational world.

    I must tell you that I read over this a few times and thought “do I really want to say something about this idiot” (Cohen, I mean)? Isn’t life already too short?

    And then I thought to myself, sure, why not?

    For one thing, comments like this betray more of Cohen’s mindset than that of the world he supposedly knows something about. Because he apparently craves the “certainty” of a leader who, though perhaps catastrophically wrong, would act as if his thought processes are populated by fevered dreams of something called American Exceptionalism (I know you know who I’m talking about). And if this leader takes us into yet another catastrophic misadventure in the Middle East for no good reason…well, that means that Israel won’t be fighting alone now, will it?

    Call me just a filthy, unkempt liberal blogger, but maybe the reason we have an irrational world (I agree with Cohen on that much) is because we have too many irrational people in charge! And wouldn’t it be nice if we did a better job of recognizing people who actually have their scruples and act like intelligent adults in the face of onslaughts from all over the world (not saying to never question them, but just to try and support them when we believe it is necessary)?

    Given that, then surely Cohen would have noted long ago that Obama is “a rational man in an irrational world” and tried to make sure that his criticisms had at least some basis in reality, right?

    Well…

  • Here, he condemned the White House visit by the parents of Sgt. Bowe Bergdahl, the U.S. soldier held captive in Afghanistan for five years, as “utterly repellent,” even though Cohen acknowledged that the circumstances surrounding Bergdahl’s capture are unclear.
  • Here, he embraced the “leading from behind” smear of President Obama (straight out of Drudge, Breitbart, and the like).
  • Here (as he does in his most current column), he makes a misguided push for a strike on Iran.
  • Here, he criticized Obama’s body language and supposed inability to “emote.”
  • Here, he wrote that Europe’s supposed view of Obama is that he’s an “accidental” president, among other nonsense.
  • (By the way, lots of other Cohen-related idiocy can be read from here.)

    Yes, I realize this is part of the whole pundit game about finding ways to be talked about. However, I honestly believe that Cohen thinks he’s right that our president should act in the manner and style deployed here (and no, I haven’t forgotten what led up to that). All to display “menace,” no doubt.

    How pitiably sad for Cohen not to realize that, were Obama to do such a thing, the rest of the world would surely laugh in his face.

  • Continuing (and speaking of pitiably sad), I give you former Ken Blackwell here on the matter of “biosimilar” drugs (more here…and this gives us a refresher on why Blackwell is such a miscreant – hard to believe that it’s been nearly 10 years)…

    Now, it is up to the Food and Drug Administration (FDA) to implement the biosimilar approval process. But millions of dollars have been spent on a lobbying effort from Obama’s crony capitalist friends on K Street to protect the interests of biologic drug markers. Initially, they were given a 12-year data exclusivity clause in the Obamacare law. But now, they are fighting through a questionable grassroots campaign, with the goal of distracting the FDA.

    These special interests are demanding unnecessary distinct naming rules for the ingredients in generic drugs, even though Obamacare does not allow for it. Americans with life- threatening diseases do not deserve to suffer thanks to these complicated and underhanded tricks by those in the pockets of Big Pharma.

    HAHAHAHAHAHA!!!!!

    I hate to break the news to Blackwell, but both parties are in the hands of “Big Pharma,” as noted here.

    More to the point, this tells us that the 12-to-14-year window Blackwell criticizes “drew applause from CVS Caremark, whose EVP specialty pharmacy services, Dave Golding, participated in an FTC roundtable event on the issue” (the Generic Pharmaceutical Association agreed with Number 44 on this also).

    Not surprisingly, though, naming conventions for generics provoked this letter from 28 members of Congress who opposed the move; I believe the FDA recommendation on that was voluntary, by the way – hard to sift through some of the bureaucratic-ese (and the 28 who signed the letter are the same motley crew of usual conservative suspects, by the way). However, for anyone criticizing naming conventions for generics (which would bring them to parity with name brands, by the way) I have two words; Accutane and Sulindac (read from this link about the misery suffered by those who took these poisons).

    And from here

    “Regulation of these formularies is going to be a huge thing moving forward,” said Paul A. Calvo, a director in the biotechnology group at Sterne Kessler Goldstein & Fox. “I think as soon as the public heard there is very limited oversight in these areas, they went nuts.”

    Understandable as far as I’m concerned; background on formularies (basically, lists of prescribed medications for particular illnesses for insurance purposes) can be accessed from here.

    Oh, and speaking of “nuts” (and having to do with bioresearch a bit), I give you this.

  • Finally, I give you this from the Kevin Strouse campaign…

    Contact: Will Block, will@kevinstrouse.com, 610-400-3163
    For Immediate Release: Monday, October 13th, 2014

    Takeaway from Mike Fitzpatrick’s New TV Ad: Veterans Are Tired of Fitzpatrick’s Failures and Deception

    Fitzpatrick Voted Against Reducing the Veterans Disability Claims Backlog

    Bristol, PA – Last week, Fitzpatrick for Congress released its first ad of the general election. Unfortunately, the ad misleads voters about Fitzpatrick’s failed record on veterans’ issues. The facts show that Congressman Fitzpatrick has stood in the way of reducing the veterans disability claims backlog, and has voted against veterans’ interests on multiple occasions.

    The ad shows a doctor walking alongside a disabled veteran in a wheelchair. The exact footage used in the ad is available for purchase on http://www.istockphoto.com as “Man in wheelchair walking with doctor – Stock Video.”

    Strouse campaign spokesman Will Block commented, “This year, we saw Congressman Fitzpatrick jump onto a bandwagon with his colleagues to put a bandaid on a problem that he helped create in the first place. Disabled veterans are real heroes with real stories who deserve a Congressman that will fight for the care that they deserve — not some stock footage that can be purchased online. The fact that Fitzpatrick suddenly cares about the disability backlog, especially when he’s running against a combat veteran, is exactly what’s wrong with politics.”

    Fitzpatrick’s ad claims that he worked with a whistleblower this year to uncover the claims backlog at the Philadelphia Veterans Benefits Administration office. Well, the backlog is nothing new, and the Congressman knows it. In fact, in 2013 he voted against a motion which would have provided funding to hire more adjudicators to cut through the disability claims backlog.

    Block continued, “Fitzpatrick’s anti-veteran record speaks for itself. It’s especially egregious for Fitzpatrick to claim to be working to end the disability claims backlog after voting in 2013 against a measure to do exactly that. These issues at the VA are nothing new — unfortunately, they only seem to matter to Congressman Fitzpatrick in an election year.”

    BACKGROUND:

    Stock Footage Used in Fitzpatrick’s TV Ad: [www.istockphoto.com, Man in wheelchair walking with doctor – Stock Video]

    Fitzpatrick’s TV Ad…aired on 10/8/14:

    Fitzpatrick voted against quicker disability claims processing:

    In 2013, Fitzpatrick voted against a motion to recommit with instructions that would help reduce the backlog of disability claims for veterans. The amendment would add $9.2 million in funding (double the funds in the underlying appropriations bill) to hire an additional 94 claims processors to help reduce the veterans disability claims backlog. The amendment failed 198-227. [MTR on H.R. 2216, Vote #192, 6/04/13]

    Fitzpatrick voted to block the “Veterans Backlog Reduction Act”, which would
    direct the secretary to pay provisional benefits for claims that are still processing: [New York Times, 5/30/14; Vote #180, 5/23/13]

    “From The New York Times: Republican House candidates could also find themselves under pressure to explain their past votes against proposals for more money for veterans programs. Democrats were pointing to a procedural vote in May 2013, when House Republicans opposed a Democratic measure called the Veterans Backlog Reduction Act.”

    ###

    Kevin Strouse is a former Army Ranger, CIA counterterrorism analyst, and veteran of Iraq and Afghanistan who lives in Middletown, Pa., with his wife, Amy, and two young children, Walter and Charlotte. He is currently Program Director of Teach2Serve, a non-profit that teaches social entrepreneurship to regional high school students. He earned his BA from Columbia University and a Masters in Security Studies from Georgetown University, graduating with honors.

    To help with the Kevin Strouse campaign in the closing days, please click here.

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    Thursday Mashup (1/24/13)

    January 24, 2013

  • The Bucks County Courier Times decided to give column space to Mikey the Beloved recently; I’m sure you can guess what happened next (here).

    He leads off as follows…

    Each morning, like so many parents across Bucks and Montgomery counties, when I drive my children to school and drop them off, I expect them to spend their day in a safe environment where their biggest concern is a test they have that day.

    OK, we have a problem right away…

    As a member of the U.S. Congress, Mikey spends most of his time during business hours in Washington, D.C. Does he honestly expect us to believe that he is also dropping off his kids each morning also? What, does he have some kind of private air transportation that takes him from Bucks County to the Capitol each morning too?

    Mikey then fills us this column almost entirely with platitudes and self-referential nonsense, as well as stuff he could have easily lifted from other news accounts, before he gets to the following…

    I am focused on effective responses. I am currently working on legislation to strengthen the national background check system and close the loopholes to ensure that dangerous people will not be able to purchase any firearm in any state.

    In addition to the legislation I am currently working to introduce, I have expressed my willingness to examine the president’s proposals and work with him on achieving common-sense reforms that will truly make our communities safer.

    As usual, Mikey is desperately short on specifics, but I’ll give him the benefit of the doubt, for now.

    However, he also tells us the following…

    The president’s solution is to ban every citizen from being able to purchase some guns. I believe a more effective approach will be to ban some citizens from being able to purchase any guns. A study by our own University of Pennsylvania commissioned by the United States Department of Justice, the same type of study President Obama has vowed to fund, has concluded that the firearm controls of the 1990s were not effective.

    I can’t find the study Fitzpatrick is referring to – I’m not alleging that he’s lying, I’m just saying I can’t find it (would have been nice if it had been linked to the Courier Times column, but as I’ve pointed out, we’re talking about the fourth estate freak show here). I couldn’t find the study at Fitzpatrick’s U.S. House web site either.

    I will cede Mikey’s point a bit by saying that it has been hard to quantify the benefits of the 1994 ban (pointed out by David Corn here), but I will say that there is a body of evidence out there that at least can raise some questions one way or the other, as noted here (besides, as noted here, one reason why we don’t have the most reliable data on this is because the NRA fights our efforts to obtain it…nothing but the sound of crickets from Mikey on that one).

    And as far as I’m concerned, the “takeaway” from this is the graph of “Guns per 100 people” in various countries, with a lot of other give-and-take stuff, but to me, what matters is just how many guns there are in this country per citizen, which definitely doesn’t make me happy (“U-S-A! U-S-A!”).

    Yep, this is pretty much nothing but another piece of PR fluff from Mikey’s press service. No doubt he’ll be back with more in about a month or so, so stay tuned.

  • Next, I give you the following from what purports to be an actual news story (here)…

    Obama secured a $787 billion stimulus package, an auto-industry bailout, new Wall Street regulations and health-care legislation that, for the first time, promised insurance coverage for nearly all Americans.

    But the political cost of moving that agenda was steep. The partisanship he had pledged to end only deepened, and many of the independent voters decisive in his election abandoned him.

    In his news conference last week, Obama blamed his reputation for aloofness in Washington on the partisan divide he once pledged to mend.

    Republicans, he said, believe it is politically dangerous to be seen with him given the antipathy many in their deep-red districts feel toward him.

    Even his supporters say he should attempt to change that, using those Republicans who supported the final fiscal cliff deal as an initial call sheet that could also include GOP governors and business leaders and others who may offer help.

    …many supporters say Obama, preoccupied with reelection, has withdrawn from the world over the past year at a dangerous time and must step back in quickly.

    Are you starting to smell the same journalistic trick that I do here, people? Lots of anonymous attribution in support of utterly wankerific talking points?

    It’s Obama’s fault that he failed to “end…partisanship” (as if anyone could do that in Washington, D.C.).

    It’s Obama’s fault that he has a “reputation for aloofness” to the point where Republicans “believe it is politically dangerous to be seen with him,” which “even his supporters” say he should “change” (as if Obama is supposed to be concerned about how his governance affects the electability of Republicans).

    It’s Obama’s fault that “many supporters say” he has “withdrawn from the world” (which, to me, is a pretty serious insinuation that he lacks the capacity for governance, which is not just wrong, but calumnious).

    The author of this steaming pile of dookey, by the way, is Scott Wilson (and of course, since we’re talking about the WaPo as part of Corporate Media Central, the Repugs aren’t criticized at all for their antics… there’s a reminder later that Obama was a community organizer, which is true. He was also a U.S. Senator, which doesn’t get mentioned nearly as much as it should).

    And as it turns out, Wilson is a serial offender – here, he took a quote and turned it inside out to give the impression that Obama doesn’t like people (please), and here, he definitely sanitized the wingnuttery also.

    And as noted here

    Additionally, in a May 6 Washington Post article, staff writers Scott Wilson and Robert Barnes wrote that “[a]s White House press secretary Robert Gibbs put it, Obama is looking for ‘somebody who understands how being a judge affects Americans’ everyday lives.’ Congressional conservatives have reacted anxiously to that qualification, fearing that it means a nominee who is more interested in making the law than in interpreting it.” But the Post did not note Obama’s statements indicating that he supports a nominee who “honors our constitutional traditions” and “respects … the appropriate limits of the judicial role.”

    Looks like Wilson and his pals at the Post (and elsewhere) try to provide the openings in the “mainstream” reporting that the wingnuts can enlarge exponentially to propagate their right-wing BS (just thought I should point that out, that’s all).

  • Continuing, it looks like “Blow ‘Em Up” Bolton is at it again (here)…

    The US and Western response to date has been disjointed and with decidedly mixed results. If President Obama doesn’t soon jettison his ideological blinders about the threat of international terrorism, we could see a series of further attacks — not unlike the 1990s series that culminated in the 9/11 strikes.

    It’s typically disingenuous and cowardly (to say nothing of inaccurate) for Bolton to assume some linkage between the Clinton Administration and the ruinous one that followed on the 9/11 attacks…perhaps in terms of facing a threat from the same foe, but that’s all (and speaking of the Clintons, I’m sure there’s no apology in sight from Bolton for this).

    Oh, and while arguing that Obama is allegedly soft on al Qaeda, or something (pretty funny when you consider who got bin Laden in comparison with Bolton’s former boss), Bolton also downplayed the fact that Obama got Anwar al-Awlaki (yes, it’s a slippery slope since Awlaki was an American citizen, but it’s typically preposterous for Bolton to argue that Obama is supposedly soft on al Qaeda and omit this… also particularly disingenuous since Bolton gave Obama credit for it here – of course, Bolton contorted himself to try and find a way to give Dubya props too).

    Here is more on Bolton, including the targets he wanted to go after following Dubya’s pre-emptive war in Iraq (as I once said about Charles Krauthammer, Bolton is awfully generous with the blood of other people’s kids). Also, Bolton makes it sound like a question as to whether or not the Taliban is really in charge in Afghanistan, even though the headline here says it all about the potential for the Taliban to rule in at least parts of Afghanistan as part of a possibly brokered peace deal (regarding Bolton’s claim that Obama’s policies have led to a Taliban resurgence – I don’t think they’ve had to “resurge,” or something, since they’ve been players all along since Bolton’s boss outsourced the Afghan war to Pakistan in the prior decade).

    We all know what a “true believer” Bolton is, people. I just think we need to remind ourselves of that fact from time to time (and let us not forget that, as noted from the article in The Nation, Bolton would have been in a position to actually create further chaos in the world once more instead of mere propaganda had we – gulp! – sworn in Willard Mitt Romney recently instead of President Obama for a second term).

  • Finally, in a thoroughly logical career progression, this tells us that former Sen. Ben Nelson of Nebraska, allegedly a Democrat, will now become a lobbyist for the insurance industry…

    Nelson is joining a public affairs firm and becoming the chief of an insurance commissioners’ group.

    The former senator has been named CEO of the National Association of Insurance Commissioners (NAIC). He will be the group’s chief spokesman and primary advocate in Washington. NAIC is made up of state insurance regulators and helps coordinate their oversight across the country.

    And for the occasion, I thought I’d bring you a sample of what you might call Ben Nelson’s Greatest Hits…

  • This tell us that Nelson was the only Dem senator to vote against confirming Elena Kagan to the Supreme Court.
  • Along with Max Baucus, Jon Tester and Mark Warner, he voted to block tax legislation that would have punished U.S. firms that export jobs here.
  • Here, Nelson engaged in typically pointless obstruction that delayed jobless benefits.
  • Nelson also blocked financial reform legislation here.
  • Here, he was offered a job within the Dubya White House in order to step aside so it would be easier for Mike Johanns to get elected instead, which ultimately happened anyway (can’t remember too many Democrats so “graced” by Former President Highest Disapproval Rating In Gallup Poll History; the story is a response to the alleged job offer from the Obama Administration to “Admiral Joe” Sestak…I honestly don’t remember what that supposed scandal was all about).
  • It should also be pointed out that Nelson actually has a background in insurance, particularly with NAIC, who are guilty of the following as noted here

    The NAIC’s resolution urged Congress and the White House to gut the only real consumer pricer (sp) protection in the Affordable Care Act. That protection, the “medical loss ratio” rule, requires insurers to spend 80% to 85% of their premium income on health care, and limit overhead, commissions and profit to 15% to 20%. The idea is to get insurers to operate more efficiently and cut bloat to keep premiums down. It’s already working–for instance in Connecticut, where regulators report major insurers filing for premium reductions, not increases.

    Such relief will be over if Congress or the White House do what the NAIC asked–to remove broker sales commissions of a few percent up to 20% of the premium from the overhead percentage. Premiums would shoot up, profits would grow and consumers would pay.

    Consumer advocates are counting on the White House and Congress (at least the Senate) to reject the fake arguments and arm-twisting of the industry, and listen to actual consumers.

    Yep, it sounds like the would-be beneficiary of the “cornhusker kickback,” had it ever come to pass in final legislation for the Affordable Care Act, will be right at home.

    Lather, rinse, repeat (sigh).


  • Spitting On A Dead Man’s Grave

    June 29, 2010

    Way to play to “the base,” Repugs (hat tips to Atrios and The Washington Monthly for this). As Steve Benen says, “And the Republican Party’s outreach to minority communities suffers yet another setback.”

    …here’s a brief presentation on the man whom Kyl and Sessions tried to denigrate (and who, of course, successfully argued this case).

    (And by the way, kudos to Dick Durbin for this.)


    Obama And The Kagan Conundrum

    May 10, 2010

    I have to admit that, when I first heard that Solicitor General Elena Kagan was chosen by the Obama White House as its Supreme Court nominee, I really wondered what the hell they were thinking. After all, Judge Diane Wood, for example (noted here), has a long record of rulings in favor basically of individual rights versus corporations, landlords and school faith organizations, among others, to say nothing of following RICO statutes against anti-abortion protestors. And, as Wikipedia tells us, Wood has managed to work successfully on the Seventh Circuit Court of Appeals with conservative jurists Frank Easterbrook and Richard Posner, so she knows a thing or two about consensus-building.

    Also, I understand the arguments posed by Glenn Greenwald and Will Bunch, among others (Bunch’s post is here), that Kagan is too submissive to presidential authority, with Greenwald saying “Kagan’s absolute silence over the past decade on the most intense Constitutional controversies speaks very poorly of her,” as Think Progress notes here.

    I also wonder why (with due respect to Bunch) he would think the Obama White House would actually care about the opinion of progressive bloggers on this subject. Yes, when it comes to legislative issues or other presidential appointments, to say nothing of congressional legislation, we should make our voices heard loud and long as appropriate. And we should also speak out on this issue as we see fit. All I’m saying is that this decision has probably been vetted about a dozen different ways at least, and I can’t imagine Obama pulling back this nomination because of an outcry from Greenwald, The Daily Kos, The Huffington Post, Liberal Oasis, firedoglake, or anyone else, leading to the automatic corporate media chastisement that Obama is a puppet of “the left.”

    To me, the explanation for the Kagan choice can be summed up in two words: Citizens United.

    Obama wants if not the liberal/progressive counterweight to Roberts, Scalia and the rest of that bunch, then at least a deferential centrist (and we’re finding out just how much of a blind eye Obama is turning to the excesses of his predecessor, by the way – apparently, Kagan would have no problem there). And yes, I think this decision has more to do with politics than the law. And I bemoan that also, but though Kagan will have to compete eventually with fellow jurists if she is confirmed, for now, she will be served up for consumption by the political elites and beltway blowhards as part of the confirmation process, and my guess is that she knows this battleground pretty well. Maybe Wood, Merrick Garland or someone else would be able to navigate that territory also, but now, we probably will never know.

    But to me, the Citizens United ruling for Obama (as it was for many others) was a message that the High Court of Hangin’ Judge JR needed to be “reined in,” particularly in its deference towards corporations. And I think Obama believes that Kagan would represent an opposition force against that.

    However, if he thought the Kagan selection would somehow placate the wingnuts (as if anything ever would), our president is very much mistaken, as noted here.

    Update 5/11/10: Oh, by the way, in a related story as they say, here is another illustrious move for Snarlin’ Arlen.


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