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Wednesday, May 31, 2023

Biden wins big in debt ceiling deal

President Joe Biden stops to talk with reporters before boarding Marine One on the South Lawn of the White House in Washington, Friday, May 26, 2023, as he heads to Camp David for the weekend. (AP Photo/Susan Walsh)

The debt ceiling/budget bill worked out between President Joe Biden and House Speaker Kevin McCarthy will hit the House floor Wednesday afternoon, in a massive blow to the Freedom Caucus maniacs who have been rooting for the nation to default and for economic catastrophe. Their short rebellion fizzled, and McCarthy may get at least 150 Republican votes on the plan.

The major part of the drama was over once Rep. Tom Massie, a Kentucky Republican, said he would vote the bill out of the Rules Committee. Freedom Caucus Reps. Chip Roy, Texas, and Ralph Norman, South Carolina, couldn’t convince him to play spoiler, despite histrionics from Roy throughout the day and his dire warning that “The Republican conference has been torn asunder.”

SIGN: End the Debt Limit game of blackmail. Pass real reform.

What has been torn asunder is the control the Freedom Caucus thought they had over McCarthy. That was clear once members of the group started downplaying their one big card: the motion to vacate the chair. It takes only one member to start the ball rolling on ousting McCarthy from the speakership, and it became clear quickly that there was little appetite among the rebels to even try. Even “firebrand” Georgia Rep. Marjorie Taylor Greene will likely vote for the bill in the end.

The deal pretty effectively neuters the Freedom Caucus and limits the damage House Republicans can do between now and Jan. 1, 2025. They can’t take the debt ceiling hostage again in the next year and a half, and they can’t shut down the government by refusing to complete spending bills without doing serious political damage to themselves.

From a progressive perspective, the bill isn’t great, and most in the Progressive Caucus probably won’t support it. They don’t have to. There will be enough Republican votes and votes from other Democrats to pass the bill. From a political and economic stability perspective, the bill is fantastic. It averts economic catastrophe and neutralizes the Freedom Caucus in one go. In other words, Biden wins in a big way.

Cartoon by Mike Luckovich

Tuesday, May 30, 2023

Congress 'Absolutely' Can Impose Ethics Reform on Supreme Court, Senator Says

Congress 'Absolutely' Can Impose Ethics Reform on Supreme Court, Senator Says  
Senator Sheldon Whitehouse: 'The ethics reporting law that is at the heart of the Clarence Thomas ethics reporting scandal is a law passed by Congress.' (photo: Shutterstock)  
 
Democrat Sheldon Whitehouse insists legislature has power to make justices follow ethics code but ‘It is not going to be easy’
Martin Pengelly / Guardian UK
30 May 2023 

Congress “absolutely” can force ethics reform on the US supreme court, a senior Democratic senator said, countering arguments made by Harlan Crow, the Republican mega-donor whose gifts to the conservative justice Clarence Thomas are the source of scandal, and by John Roberts, the chief justice himself.

“It is not going to be easy,” Sheldon Whitehouse of Rhode Island told NBC’s Meet the Press in an interview to be broadcast on Sunday. “The work that we’re doing on ethics in the court ought to be easy. And yet it’s not. It’s partisan also.

“So I think that the first step is going to be for the judicial conference, the other judges, to put some constraints around the supreme court’s behavior and treat the supreme court the way all other federal judges are treated.”

Supreme court justices are nominally subject to federal ethics laws but in practice govern themselves.

Thomas has said he did not declare gifts from Crow including luxury travel and resort stays, a property purchase involving his mother and school fees for a great-nephew because he was informally advised he did not have to. He has said he will do so in future.

Observers have said Thomas clearly broke ethics laws. Democrats have called for Thomas to resign or be impeached, the former unlikely, the latter a political non-starter.

Crow denies wrongdoing and claims never to have discussed with Thomas politics or business before the court. The Guardian has shown Crow to have had business before the court during his friendship with Thomas.

Crow has also donated to groups linked to Ginni Thomas, the justice’s far-right activist wife who supported Donald Trump’s attempt to overturn the 2020 election.

Whitehouse’s NBC host, Chuck Todd, said: “It’s pretty established Congress can’t [impose ethics law on the supreme court], right?”

The senator said: “No, it absolutely can.”

Todd said: “Well, it doesn’t mean it’s constitutional.”

Whitehouse said: “Yes, it does. It means it’s constitutional because the laws that we’re talking about right now are actually laws passed by Congress. The ethics reporting law that is at the heart of the Clarence Thomas ethics reporting scandal is a law passed by Congress.”

Todd repeated the argument about separation of powers, between the legislature (Congress), executive (presidency) and judiciary, which lawyers for Crow and Roberts himself have cited in refusing to cooperate with information requests from the Democratic-run Senate judiciary and finance committees.

Whitehouse, a member of both panels, countered: “Certainly we can do the administrative side of judicial … I’ll be the first one to concede, if there’s a case in the judicial branch of government, we in the Congress have nothing to say about it.

“But in terms of administering how the internal ethics of the judicial branch are done – heck, the judicial conference which does that is a creation of Congress.”

The senator also called the Roberts court a “fact-free zone as well as an ethics-free zone”.

Referring to suggestions justices should pledge to observe ethics laws during the confirmation process, Whitehouse said: “We saw how the pledges on Roe v Wade went in the confirmation process.”

Roe, the 1973 ruling which guaranteed the right to abortion, was last year struck down by a 5-4 majority, all three justices appointed by Donald Trump (Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett) voting in the majority.

In the words of Factcheck.org: “A close examination of the carefully worded answers by the three Trump appointees … shows that while each acknowledged at their hearings that Roe was precedent, and should be afforded the weight that that carries, none specifically committed to refusing to consider overturning it.”

Whitehouse continued: “You get on to the court, and there you are, and there’s no process for determining what the facts are. That’s part of the problem here.

“When Justice Thomas failed to recuse himself from the January 6 investigation that turned up his wife’s communications [with Trump officials], he made the case that that was OK because he had no idea that she was involved in insurrection activities.

“That is a question of fact. That’s something that could have, and should have, been determined by a neutral examination. And so the problem with the supreme court is that they’re in a fact-free zone as well as an ethics-free zone.”

Whitehouse has campaigned against so-called “dark money” in US politics. Asked if he trusted the federal court system to be fair and impartial, he said: “Usually, I think the trial courts are very strong.

“I think … we’ve seen honest courtrooms make amazing differences with Dominion v Fox, with the parents at Sandy Hook against the creep who was pretending that their children’s murder wasn’t real, and now with the judgment against Donald Trump.

“So honest courtrooms are really important to cut through to the truth. When you get to the supreme court, if it’s an interest in which the big rightwing billionaires are concerned, [it’s] very hard to count on getting a fair shot.”

Asked if he was saying donors like Crow dictated how justices voted, Whitehouse said: “That would be what the evidence suggests.

“I think the statistics are pretty stunning at how often the judges who came out of the Federalist Society” – a conservative group which works to shape federal nominations – “do what they’re told by the amicus groups that come in on behalf of the right wing.”

The Supreme Court's First Corruption Couple, and wouldn't you just know they're Republicans.

Monday, May 29, 2023

Billionaire Asserts His Absolute Right to Own a Supreme Court Justice: Will He Get Away With It?

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Image by Good Bye from Pixabay

Clarence and Ginni Thomas want to stay on the Harlan Crow and Leonard Leo gravy trains (among others), and Crow’s lawyers are essentially claiming Thomas has every right to continue to act like a corrupt third-world autocrat who’s accountable to nobody, not even the voters and citizens of the United States or — more importantly — the very Congress that created the Supreme Court in the first place.

Senator Dick Durbin is the chairman of the Senate Judiciary Committee, which has both oversight of and writes laws relating to the federal court systems of the United States. Using powers given him by the Constitution, Durbin has asked Crow to account for the “gifts” he has showered on Thomas and his family over the past quarter-century.

In defying Durbin’s request, Crow (speaking through his lawyers) has asserted that Congress doesn’t have the power to regulate or sustain oversight of the Court or its justices — or people or companies that appear to be bribing or otherwise attempting to influence those justices.

He’s wrong.

It was Congress, in fact, which created the Supreme Court in the first place.

Article III of the Constitution defines the federal judiciary. (Article I defines and empowers Congress, the first among equals; Article II defines and empowers the presidency and executive branch, the second among equals.)

Article III opens with:

“The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

On June 21, 1788, New Hampshire became the ninth of the 13 states to ratify the Constitution, bringing the United States of America as we know it today into existence. (The Constitution was finally ratified by all the states on May 29, 1790, when Rhode Island was the last to approve the document.)

Congress technically came into being on that day in 1788, although nobody had yet been elected; the Continental Congress thus set elections for the first Congress and the first President during the roughly 4-week period from Monday, December 15, 1788, to Saturday, January 10, 1789, with the new government officially beginning with the swearing in of the President on March 4, 1789.

Once the new Congress and President Washington were sworn in and established in power, Congress then had to create the Court system of the United States, per the opening sentence of Article III of the Constitution quoted above.

They did this by passing the Judiciary Act of 1789, which was debated through the early fall of that year and passed on September 24, 1789.

Congress, thus, literally created the Supreme Court (and the appeals and district court systems) out of thin air that day with the power the Constitution gave them, and then set rules for the Court’s operation, as the Constitution stipulates.

The opening two sentences of the Judiciary Act of 1789 say:

“Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the supreme court of the United States shall consist of a chief justice and five associate justices, any four of whom shall be a quorum, and shall hold annually at the seat of government two sessions, the one commencing the first Monday of February, and the other the first Monday of August.

“That the associate justices shall have precedence according to the date of their commissions, or when the commissions of two or more of them bear date on the same day, according to their respective ages.”

The Constitution further gives Congress oversight and control of the Supreme Court and its functions, as Alexander Hamilton described at length in Federalist 78, which I’ve quoted here at length. And here and here.

Article III, Section 2 of the Constitution lays out the power and obligation of Congress to regulate the Supreme Court (including funding it, determining where and under what circumstances it meets, defining justices’ pay, stipulating the number of justices, etc.) and to limit what issues the Supreme Court may rule on.

It says, unambiguously:

“[T]he supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”

So, now comes billionaire Harlan Crow, who appears to have spent the past quarter-century purchasing the loyalty and votes of Clarence Thomas with lavish vacations, Frederick Douglass’ bible, buying and renovating Thomas’ mother’s home and letting her live there rent-free, sending the child Clarence and Ginny were raising as their own to a high-end boarding school, etc.

When Durbin reached out to Crow, attempting to determine the extent of this apparent influence-buying scheme, Crow’s lawyers essentially told him to go screw himself.

Completely ignoring both the obligation of Congress to “regulate” the Court and the checks-and-balances which that oversight and regulation requires, Crow’s lawyers’ letter to Durbin says:

“After careful consideration, we do not believe the Committee has the authority to investigate Mr. Crow's personal friendship with Justice Clarence Thomas. Most importantly, Congress does not have the constitutional power to impose ethics rules and standards on the Supreme Court. Doing so would exceed Congress's Article I authority and violate basic separation of powers principles. That precludes the Committee from pursuing an investigation in support of such legislation.”

They go on to cite the Supreme Court’s 1803 Marbury v Madison decision, in which the Court gave itself the power to essentially regulate Congress and the White House (by overturning laws passed by Congress and signed by the President), a power which is found nowhere in the Constitution:

“The Committee’s Letter to Mr. Crow states that the Committees request is part of its ‘ongoing effort to craft legislation strengthening the ethical rules and standards that apply to the Justices of the Supreme Court.’ But Congress lacks the authority to enact such Legislation. As you know, Congress may act only pursuant to its enumerated powers. See Marbury v. Madison. 5 U.S. 137. 176 (1803). … None of those enumerated powers includes the authority to regulate the internal affairs and operations of the Supreme Court, a coequal branch of government.”

Setting aside the obvious fact that Harlan Crow isn’t a member of the Supreme Court and therefore — even if his lawyers’ assertions were accurate — can’t claim separation-of-powers immunity from congressional inquiries, this brings us full circle to the Marbury decision they’re citing.

Thomas Jefferson was president in 1803 when that case was decided, and he flipped out when the Court ruled it could run roughshod over Congress and the President.

The author of the Declaration of Independence and instigator of the Bill of Rights bluntly expressed his concern to his old friend Judge Spencer Roane, the son-in-law of Patrick Henry and a justice of the Virginia Supreme Court:

“If this opinion be sound,” Jefferson wrote, “then indeed is our Constitution a complete felo de se [a suicide pact]. For intending to establish three departments, coordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone, the right to prescribe rules for the government of the others, and to that one too, which is unelected by, and independent of the nation….

President Jefferson continued in full fury:

“The Constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please. …

“My construction of the Constitution is very different from that you quote. It is that each department is truly independent of the others, and has an equal right to decide for itself what is the meaning of the Constitution in the cases submitted to its action; and especially, where it is to act ultimately and without appeal….

“A judiciary independent of a king or executive alone is a good thing; but independent of the will of the nation is a solecism [a blunder], at least in a republican government.”

The blowback from Jefferson and the newspapers of that time against the Supreme Court claiming they had the power and right to strike down or rewrite laws was so severe that they didn’t meaningfully touch that third-rail of constitutional interpretation again until 1856, long after everybody on the Marshall Court was dead.

That was the fateful year when Chief Justice Roger Taney thought he’d “solve the slavery problem in America once and for all” with his Dred Scott decision, striking down and modifying numerous US laws by ruling that Black people were “property” across the entire United States, slave state or free state.

President Abraham Lincoln refused to enforce the decision, saying, essentially, “That was terrible for poor Mister Scott and he’s going to have to go back to slavery, but I’m not going to apply this to any other people in America” (my words, not his). Many historians argue that this overreach by the Court in Dred Scott, based in their claimed interpretation of the Constitution and the Marbury decision, led us straight to the Civil War.

Thus, it wasn’t until the early 20th century that the Court started tearing down or rewriting laws in really great numbers; today it’s almost all that they do. And now they’re telling Congress — through Harlan Crow’s lawyers and Chief Justice Roberts’ refusal a few weeks ago to testify before the Senate Judiciary Committee — to take a long walk off a short pier.

“We can regulate you,” the Supreme Court is essentially saying, “by declaring your laws unconstitutional and striking them down, but you may not even think about regulating us.”

That doesn’t even remotely resemble “co-equal branches” or “checks and balances,” much less the explicit requirement of the Constitution for Congress to “regulate” the Supreme Court.

The Supreme Court has been acting like they were the unelected kings and queens of America on and off for two centuries.

Every time they walk up to the edge and are then slapped down by a sitting president — like with Marbury in 1803, Worcester v Georgia (the “Trail of Tears” case) in 1832, Dred Scott in 1856, or when President Roosevelt backed them down in 1937 just as they were about to declare Social Security and most of the New Deal unconstitutional — they’ve backed down at the last minute.

(I lay out at length Roosevelt’s successful confrontation with the rightwing “four horsemen” justices in 1937 in my book The Hidden History of the Supreme Court and the Betrayal of America. It’s a model in presidential leadership that Biden and Durbin should study.)

This time, though, it appears that the Roberts Court is prepared to go to the mat, asserting their power over and above both Congress and the President, be it in refusing congressional oversight; their secretive, unsigned, and unexplained “shadow docket” rulings; or in their flagrant violations of explicit ethics laws Congress has previously passed that include the Supreme Court in their purview.

Thomas wants to continue the free goodies gravy train; Gorsuch wants to cut land deals on the side; Alito wants to take lavish and well-paid “speaking” trips to Europe; Kavanaugh wants to keep his sources of money secret; Roberts wants his wife to continue to take millions from law firms with business before the Court; and Barrett wants to continue to refuse to recuse herself (as she did when on lower courts) in cases involving her father’s oil company employer.

This Court is out of control, and if Durbin, Schumer, and Biden don’t get together and do something about it now, there may not be another chance.

As I noted here on April 25th, it’s time for Congress and the President to follow the Constitution — rather than the bizarre Marbury decision — and regulate the Supreme Court and its obstreperous, defiant rightwing justices.

If they fail, America could end up being almost completely ruled by six unelected rightwing cranks answerable to nobody except the billionaires who shower gifts on them.

All Hail King Clarence I, he of Coke can fame.

Sunday, May 28, 2023

REDNECKISTAN, FLORIDA: Amanda Gorman's Inaugural poem is banned by Florida school.

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Amanda Gorman reading her poem 'The Hills We Climb' at President Biden's Inauguration.

A Miami-Dade County, Florida, K-8 school has banned three books and one poem from its elementary school. Here is the Miami Herald’s report:

“In March, Daily Salinas, a parent of two students at Bob Graham Education Center in Miami Lakes, challenged The ABCs of Black History, Cuban Kids, Countries in the News Cuba, the poem The Hills We Climb, which was recited by poet Amanda Gorman at the inauguration of President Joe Biden, and Love to Langston for what she said included references of critical race theory, “indirect hate messages,” gender ideology and indoctrination, according to records obtained by the Florida Freedom to Read Project and shared with the Miami Herald.

The paper goes on to say:

"In an interview with the Herald on Monday, Salinas said she “is not for eliminating or censoring any books.” Instead, she wants materials to be appropriate and for students “to know the truth” about Cuba, she said in Spanish.

Words fail. Salinas is a champion of doublethink. How does she rationalize her belief in intellectual freedom with her need for the school to get rid of books she does not like? Further, if her passion is that schools teach Cuban history according to her opinion, what the hell do The ABCs of Black History and Amanda Gorman’s Biden Inaugural poem The Hills We Climb have to do with it?

Despite Salinas being the only parent to complain, the school obliged her by banning four of her five suggestions. A school review committee determined one book, Countries in the News Cuba, was “balanced and age-appropriate in its wording and presentation” and therefore spared it the ax.

The ABCs of Black History, which the review board did admit was appropriate for ages five and up, was not. It was joined in banishment by Cuban Kids, Love to Langston, and The Hills We Climb.

I do not know Salinas. So I will give her the benefit of the doubt and assume she is well-intentioned. So let us ask, how does one person’s opinion set policy for a school? Thank Ron DeSantis and his autarchic cabal of censorious censors.

The school authorities should probably get some blame. They did not offer any reason for their purge. But it has to be tough being a teacher/school administrator in a state where the authorities are Nazi-like in expressing racial purity in their book-burning passion.

I do not know any of the books. But Gorman’s poem was heard by the 33.8 million Americans who watched Biden's inauguration. Here is the text in full. Because the school failed to cite any offensive passages, and the school district said it had no clue about anything, I have to guess what the offending words were. Maybe this passage:

We, the successors of a country and a time where a skinny Black girl descended from slaves and raised by a single mother can dream of becoming president, only to find herself reciting for one.

Too uppity?

Maybe this one:

We will not march back to what was, but move to what shall be: a country that is bruised but whole, benevolent but bold, fierce and free.

We will not be turned around or interrupted by intimidation because we know our inaction and inertia will be the inheritance of the next generation, become the future.

Is Gorman’s reference to the fact that the past was not golden, too much for sensitive conservative souls? Was her promise that she will not be interrupted by intimidation, too evocative of BLM?

The next passage sounds like Make America Great Again — except that reconciliation sounds like diverse people coming together — and diversity is an expletive to some.

We will rise from the golden hills of the West.

We will rise from the windswept Northeast where our forefathers first realized revolution.

We will rise from the lake-rimmed cities of the Midwestern states.

We will rise from the sun-baked South.

We will rebuild, reconcile, and recover.

Then Gorman lets the cat out of the bag and actually says ‘diverse.’ And that is a no-no.

And every known nook of our nation and every corner called our country, our people diverse and beautiful, will emerge battered and beautiful.

When day comes, we ask ourselves, where can we find light in this never-ending shade?

I do not usually swear (much), But when I read this story, my first thought was, “Florida is even more fucking insane than advertised." Sadly, I suspect that is how fascism has often been greeted in its early days.

Amanda Gorman reading her poem 'The Hills We Climb' at President Biden's Inauguration.

Saturday, May 27, 2023

ALDOUS J. PENNYFARTHING: Texas schools hand out Winnie-the-Pooh books showing 4-year-olds how to foil active shooters

Telling kids to stick their heads in a pot of honey in case a rampaging murderer with an AR-15 shows up at their school is sadly not the worst idea conservatives have ever had. That said, the competition is pretty fierce. These are the same folks who popularized the Laffer curve, decided it would be a barrel of laughs to play the blackout challenge with the world economy, and think an unrepentant insurrectionist who’s roughly 93% evil and 7% Funyuns belongs back in the Oval Office.

Instead of, I dunno, passing gun laws that might make it marginally more difficult to storm into an elementary school and go full Putin on their arses, Texas is now handing out Winnie-the-Pooh books that show kids what to do in the event of an active-shooting situation. Which should be perfectly acceptable to most Republican parents so long as Eeyore doesn’t suddenly come out as gay while sobbing in the cloakroom. Because, you know, it goes without saying that Republicans prefer a clinically depressed Eeyore to one who’s allowed to live his truth. 

RELATED STORY: America discovers the true meaning of 'an armed society is a polite society'

The Guardian:

Texas schoolchildren as young as four years old are being given Winnie-the-Pooh cartoon books, teaching them to “run, hide, fight” if a gunman enters their building.

Parents and teachers in the Dallas area have expressed alarm and concern that the Stay Safe book, produced by a law enforcement consulting firm in Houston, has been sent home in the backpacks of children in pre-kindergarten and elementary classes.

The book features the honey-loving bear created by AA Milne and illustrator EH Shepard instructing kids about how to react to a mass shooting. It is not an official production, Winnie-the-Pooh has been in the public domain since 1 January 2022.

Oh, that’s right! Did you know anyone can release a Pooh book now? He’s in the public domain! That’s how this gem got green-lit:

Yup, that’s a serial killer Pooh out for revenge against his childhood pal Christopher Robin, who abandoned him in the wilderness after reaching puberty and discovering that porn is cheaper and more widely available than Top Ramen now. And if you think that’s bad, imagine what atrocities Puff the Magic Dragon is capable of. Jackie Paper better watch his back.

Anyway, the point is: Just because you can write your own Winnie-the-Pooh adventures now, that doesn’t mean you should. (And, yes, Tigger turned out to be a horrible anti-drug spokesman, especially after it came out that he smokes more meth than the meth-smoking half of Kansas. Back to the drawing board.)

The book’s subtitle is, “If there is a danger, let Winnie-the-Pooh and his Crew show you what to do: Run Hide Fight.” Uh huh. And yet Texas teenagers can’t read Toni Morrison because her books might disturb and confuse them. 

One of the book’s pages includes this life-affirming and not-at-all-disturbing sentence: “If it is safe to get away, we should RUN like Rabbit instead of stay … If danger is near, do not fear, HIDE like Pooh does until the police appear.” And the “hide” page includes a picture of Pooh sticking his head in a pot of honey. Which makes one wonder if the SWAT team that responded to last year’s Uvalde, Texas, school shooting (good guys with lots of guns!) read this book, too. 

Following the section on sticking your head inside a dark, sticky orifice instead of facing reality (wow, the Texas Legislature also read it!), distinguished Hundred Acre Wood denizens Kanga and Roo, who should have stayed the fuck in Australia, are shown wearing boxing gloves underneath the caption, “If danger finds us, don’t stay, run away. If we can’t get away, we have to FIGHT with all our might.”

According to The Guardian, the book was distributed to kids in Dallas-area schools on Monday “without discussion or comment either with teachers or the families who received it.”

One Dallas grade school teacher who preferred to remain anonymous told the newspaper, “I found it extremely disturbing, and was very uncomfortable with the whole contents of the book.”

The teacher also noted the irony of handing out a book like this while Texas seizes on every available opportunity to relax its gun laws. “The fact that people think it’s a better idea to put out this book to a child rather than actually take any actions to stop shootings from happening in our schools, that really bothers me. It makes me feel so angry, so disappointed,” the teacher said. “It’s a year since Uvalde, and nothing has been done other than this book. That is putting it on the kids.”

Meanwhile, Gov. Gavin Newsom of California, a state which has prioritized the passage of effective gun laws, took aim at Texas and its ass-backward approach.

For the nontweeters:

“Winnie the Pooh is now teaching Texas kids about active shooters because the elected officials do not have the courage to keep our kids safe and pass common sense gun safety laws”.

Well, at least Pooh isn’t woke! Maybe the next Pooh adventure will show him hiding from the gay mafia. They’re everywhere these days, you know.

Brought to you by the party of Alternate Facts.

Friday, May 26, 2023

Democrats were on fire in the House on Thursday

WASHINGTON, DC - MAY 25: House Minority Leader Hakeem Jeffries (D-NY) joins fellow House Democrats, some who are military veterans, for a news conference to highlight the potential negative affects a federal default could have on veterans benefits at the U.S. Capitol Visitors Center on May 25, 2023 in Washington, DC. Jeffries continued to insist that "extreme MAGA Republicans" are driving the Congress "down a dangerous road of default." (Photo by Chip Somodevilla/Getty Images)
House Minority Leader Hakeem Jeffries (D-NY) joins fellow House Democrats, some who are military veterans, for a news conference to highlight the potential negative affects a federal default could have on veterans.

The nation could be thrown into default on June 1 if Congress doesn’t act to raise the debt ceiling, or if President Joe Biden fails to act unilaterally. Despite the tight deadline, despite there being no indication that anyone has put pen to paper to write the legislation that gets us out of this mess, and despite the fact that the most vulnerable people are panicking about how they’ll survive the coming month, Speaker Kevin McCarthy let Republicans leave Washington on Thursday. They’re off officially until June 5 for Memorial Day, which the rest of the nation will celebrate in just one day, on May 29. They were told to be ready to come back on a day’s notice, so there’s that.

Dozens of Democrats stuck around after their colleagues split—88 of them in fact, possibly a House record. They used the “one-minute” portion of the House floor time to remind their colleagues of their obligation to the American people—including the veterans they are supposedly honoring with this long recess—and to the Constitution.

Democratic Leader Hakeem Jeffries got a standing ovation for his remarks, saying, “We never threatened to default on our debt.” They worked with the Trump administration to avoid default three times, he said, “notwithstanding the fact that in our country’s 247-year history, 25% of the nation’s debt was racked up under the four years of the Trump administration.”

“But yet here we are a few days from America being unable to pay our bills because you made a political calculation that you will be successful in 2024 if you crash the economy,” Jeffries continued. “That’s wrong. That’s cruel. That’s un-American.”

Speaker Emerita Nancy Pelosi focused on what Republicans are doing to veterans on this holiday. “This weekend this nation will solemnly observe Memorial Day to honor our fallen heroes and their families,” Pelosi said. “Instead of this honoring of our veterans, shamefully the Republicans across the aisle will spend the weekend working to impose suffering on our valiant veterans.” She said that “Republicans have forced Americans down a treacherous path” of either accepting their “extreme proposal, which would eliminate 30 million health visits for our veterans and slash revenues at the Veterans Administration,” or “trigger a catastrophic default, which would force our nation to stiff veterans on the benefits they have earned.”

The leading constitutional scholar in Congress, Rep. Jamie Raskin of Maryland, reminded Republicans that the Constitution says “the validity of the public debt shall not be questioned. We have made a commitment to every Social Security recipient in America, to the Medicare and Medicaid recipients, to the veteran, to the bondholders of the United States, that we would pay their debts as we are fiscally, morally, politically, and constitutionally required to do.” But Donald Trump “issued the order” to default and that’s what the Republicans are doing. “I want to introduce the MAGA Republicans who have split today but who increased the debt ceiling three times under Donald Trump, who gave us a quarter of all the debt of the United States between George Washington and Joe Biden.” Raskin continued, “I want to introduce them to the Constitution of the United States, the validity of the public debt shall not be questioned.”

Rep. Joyce Beatty of Ohio, chair of the Congressional Black Caucus, showed up to share some facts before being silenced by the Republican presiding over the chamber, who literally turned off Beatty’s mic as she was finishing her remarks. “Madam Speaker, fact. Republicans went home,” Beatty said. “Fact, their side of the chamber is empty. Fact, they do not want to negotiate and they are holding our economy hostage to a ransom note of partisan demands. Fact, they are taking Medicaid away from millions, firing teachers, removing children from child care, and ripping food assistance away from our families.”

Illinois Rep. Sean Casten was short and to the point: McCarthy is a hypocrite. “I come to praise the July 2019 version of Speaker McCarthy,” he said. “Where are those brave, principled souls now? The answer, Madam Speaker, as you know, not here.”

New York’s Alexandria Ocasio-Cortez blasted Republicans who “decided to skip town” after “running up a bill” that they are now refusing to pay. “And not only that, but they are accusing Democrats, saying we spend too much. For anyone that wants to entertain that thought, I ask you to think about the last time a person has said in this country that the government does too much for them. That their Social Security check was too high. That teachers are paid too much.”

That’s a lot of stuff for Republicans to think about while they go to their Memorial Day parades and picnics, and was eloquently about the men and women who have sacrificed everything for this country. Not that they actually will think about it, but it’s not from a lack of trying on the Democrats’ behalf.

AOC blasts Republicans who “decided to skip town” after “running up a bill” that they are now refusing to pay.

Thursday, May 25, 2023

Why You Should Buy Everything Used

Why You Should Buy Everything Used  
Discarded used clothing in Chile. Up to 500,000 tonnes of synthetic fibers from textiles are released into the world's oceans every year. (photo: Martin Bernetti/AFP)

Michael J. Coren / The Washington Post

For one month, I set out to buy everything I needed used and online. A wooden train set for my son? EBay. Salad tongs? Mercari. Fishing rod? Goodwill. Running shoes? Amazon Warehouse. Replacing a torn wet-suit glove? I’m still looking for that one.

Across the internet, I discovered a bustling secondary market ready to fulfill nearly all my shopping needs with something someone else had once owned. These were not tattered castoffs or bargain-bin specials. The online “recommerce” ecosystem was full of premium, quality goods at a price and, at times, convenience, rivaling Amazon’s shopping cart.

A growing number of shoppers like me are discovering the possibilities, and savings, of buying old stuff. In the past year, roughly half of Americans have bought used clothing, according to GlobalData, a market research firm, a figure expected to rise. Big brands from H&M to Patagonia are collecting and reselling their used and returned goods.

This massive shift, powered by changing attitudes and advances in computer vision and artificial intelligence, is redirecting billions of dollars worth of used goods back into the marketplace. In the process, “used” has shed much of its stigma.

We’re headed for a world where buying used may become nearly as easy as buying new for many goods, and maybe even preferred. If we do it right, we can slash the monumental environmental impact of all the stuff we buy.

Grab a cart.

The rise of stuff

Americans have never bought so many new things. U.S. retailers churn out a record $5 trillion in new goods each year, according to the National Retail Federation. At the same time, the surge in e-commerce is flooding the market with unsold inventory, returns and secondhand items. Whereas only about 8 percent of goods bought in a store are returned, more than 20 percent of items bought online are sent back. For clothing, that number can soar as high as 40 percent.

That has left a mountain of stuff that needs to go somewhere. Until recently, that mostly meant donation bins, landfills and thrift stores. But changing attitudes mean more people, especially members of Gen Z, are embracing used items, and technology is radically reducing the processing costs.

Craigslist and eBay were once the biggest games in town. Today, dozens of companies are competing to resell goods online targeting products including clothing, furniture and electronics. Shoppers attracted to lower prices, unique finds and sustainability have been happy to splurge.

In 2021, they spent about $178 billion on returned and reused items, according to recommerce firm thredUP and GlobalData. Apparel has seen resale growth double in the past five years as big brands embrace the trend.

“This is the natural reaction to the crazy growth in e-commerce,” says Zac Rogers, a supply chain researcher at Colorado State University, noting that living an “all-recommerce life” has gotten easier.

How it works

A complex supply chain called reverse logistics powered by computer vision and AI has emerged to handle the tsunami of used goods.

Take Goodwill. Before now, it sorted through billions of pounds of used goods by hand, deciding what to sell, toss or ship overseas. Only about half of the load deemed “suitable for retail” made it onto shelves, according to the company. Less than 1 percent of Goodwill donations were listed online via eBay or its own sites.

Machines are now doing more of the work. Several Goodwill sites use technology from the start-up Hammoq to deploy cameras and AI that automate the sorting and listing of secondhand goods. In places like West Palm Beach and Miami, workers feed clothing into machines that photograph it, set the price and post it online. Hammoq says it can process a piece of clothing every seven seconds.

If scaled up, that’s potentially transformative. Using technology like this, Goodwill has launched a new site, Goodwill Finds, to process and sell thousands of items from across the country, emulating the experience of shopping at Amazon. The site has sold nearly 200,000 items since launching in October, and it plans to reach nearly 1 million by the end of this year. “I’d say in most categories, 99 percent of what’s available out there new, you can find something comparable used now,” said Matt Kaness, a former e-commerce executive at Walmart now running Goodwill Finds.

Hammoq CEO and co-founder Sid Lunawat foresees the technology making Goodwill and other resellers efficient enough to profitably sell items for as little as $1. Eventually, a version of it may make its way into your phone. An app will photograph an object, recognize it, price it, post it online and dispatch someone to pick it up once it has sold.

“If you could just take a photo of a product, and it would sell itself, that’s what we want to do,” says Lunawat, even if he admits that big advances in processing and shipping costs must happen to make that a reality.

How you buy used now

For my used-goods shopping spree, I started where most internet users do: Google. By using the “used items” tab on Google Shopping, you can search multiple sites simultaneously. Google scans many of the largest retailer sites including eBay, Etsy, Mercari, Poshmark and Amazon, as well as physical chains like Play It Again Sports. It won’t find every option online, but it’s the easiest way to start.

Here’s what you need to know as you navigate the online marketplace for used goods:

Many used items are virtually new

Alongside thousands of individuals hawking used items, brands from Adidas to Nike are using the sites as a storefront to resell returned items. These may only have been tried on, and still have their tags. That’s especially true on massive sites like eBay, Mercari and Etsy. These primarily peer-to-peer marketplaces offer the widest selection. EBay alone has more than 1 billion listings — with deep inventories of even the most obscure items.

Try these places if you want more vetting.

Big centralized marketplaces such as Goodwill, Amazon Warehouse and Amazon Renewed are clearinghouses for used, returned and refurbished items. Amazon, in particular, has set up branded “pre-owned” stores. The selection is not as vast, but the consistency and quality is often higher since items are vetted and managed by retailers.

Search in your category, especially clothes

New companies are specializing in furniture, electronics, baby gear and, above all, clothing. If you’re looking for something a cut above the rest, these might be your best bet. Resellers like Poshmark, Depop (now owned by Etsy) and thredUP curate vast virtual inventories at every price point, including storefronts by the brands themselves. Platforms like thredUP host more than 100 resale shops managed by brands from mall-rat favorite Hot Topic to H&M, while other retailers are opening their own resale outlets like REI and Patagonia Worn Wear.

Buy from your neighbors.

Garage sales have gone online thanks to companies like OfferUp, Facebook Marketplace, Craigslist and Nextdoor. Buy Nothing groups let you give, and receive, free of charge. Because there’s no shipping and less competition, these are often the best deals, even if you have to wait awhile. One trick: Search for what you want, bookmark it in your browser and check back — I usually find what I want within a few days, often at a deep discount.

Again, lines are blurring. As shipping options, new items and financing have crept onto the platforms, they’re becoming more like their national counterparts.

Is the used online market ready for prime time?

So where did the online resale experience fall short for me? Quality varied. My preferred styles weren’t always available. Returns and shipping weren’t as seamless as Amazon. For low-cost items, it was sometimes cheaper to buy new than pay to ship even discounted used items.

But overall, I found buying new offered fewer advantages over buying used in many categories.

As a result of my one-month experiment, my shopping habits have started to change. Instead of buying new as the default, I’m searching first for used. If I do buy new, I often buy a higher-quality item since I know I’ll either keep it for as long as possible or sell it when I’m done.

Sandra Goldmark of Columbia University’s Climate School is already fully living in this resale world. The author of the book “Fixation: How to Have Stuff without Breaking the Planet,” says almost everything she buys was once owned by someone else (shoes, underwear and socks are the exceptions).

In the not-too-distant future, she thinks, we should be able to walk into a Target, Walmart or a local small business to see a comparable display of new and used stuff, as well as a good repair service. “Why are we ever buying anything new in this day and age?” she says. “It’s so easy now, especially with this incredible glut of new goods coming into the pipeline, just to turn up the volume on used goods and turn down the volume on new.”

Goldmark says ownership should be something less permanent. We can have fewer, better things in our lives. Once they’re no longer needed, we let them go to the next owner. Consumption becomes something circular.

Riffing off author Michael Pollan’s famous formulation for food (Eat food. Not too much. Mostly plants.), she has redefined her own relationship with things: “Have good stuff (not too much), mostly reclaimed.”

...THE URGE TO BUY EVERYTHING NEW!

Wednesday, May 24, 2023

SUPREME SKULDUGGERY: Harlan Crow Refuses to Cooperate With Sen. Dick Durbin and Democrats' Inquiry on Clarence Thomas

Harlan Crow has refused to cooperate with Senate Democrats’ investigation into his financial ties with supreme court justice Clarence Thomas. (photo: Bloomberg)

Harlan Crow has refused to cooperate with Senate Democrats’ investigation into his financial ties with supreme court justice Clarence Thomas. (photo: Bloomberg)


Martin Pengelly / Guardian UK 

 

Rightwing billionaire declines request to provide list of gifts given to the supreme court justice

Lawyers for Harlan Crow, the rightwing billionaire whose friendship with and gifts to the conservative supreme court justice Clarence Thomas are the focus of swirling scandal, have rejected Senate Democrats’ request for answers about the relationship.

In a letter first reported by Bloomberg News on Tuesday, lawyers for Crow rejected a request from Dick Durbin, the Illinois Democrat who chairs the Senate judiciary committee, for a list of gifts to Thomas.

Durbin’s committee, the letter said, had not “identified a valid legislative purpose for its investigation and is not authorised to conduct an ethics investigation of a supreme court justice”.

Democrats on the committee, the lawyers said, were “targeting Justice Thomas for special and unwarranted opprobrium”.

Durbin told Bloomberg: “Harlan Crow believes the secrecy of his lavish gifts to Justice Thomas is more important than the reputation of the highest court of law in this land. He is wrong.”

Supreme court justices are covered by federal judiciary ethics rules but in practice govern themselves.

John Roberts, the chief justice, has declined to cooperate with attempts to investigate Thomas and Crow.

Thomas’s relationship with the Republican mega-donor, and his failure to declare many gifts, has long been known. But last month, the non-profit news site ProPublica released a series of bombshell reports.

It said Thomas took and failed to declare gifts including luxury travel and stays at properties owned by Crow; that Crow bought property from Thomas, in which Thomas’s mother now lives rent-free; and that Crow paid for private schooling for Thomas’s great-nephew, who the justice has said he raised “as a son”.

Observers said Thomas had clearly broken the law.

Thomas said he did not declare gifts from Crow because he had been advised he did not have to, but would do so in future.

Crow said he never discussed politics or business before the court with Thomas or his wife, the far-right activist Ginni Thomas.

Outlets including the Guardian showed Crow to have had business before the court during his friendship with Thomas.

On Tuesday, Crow did not immediately comment to Bloomberg.

In an interview published by the Atlantic on Monday, he gave a tour of his collection of sculptures of dictators but declined to answer detailed questions about Thomas.

“It would be absurd to me to talk to Justice Thomas about supreme court cases, because that’s not my world,” Crow said, adding: “We talk about life. We’re two guys who are the same age and grew up in the same era. We share a love of Motown.”

Crow has already rebuffed the Senate finance committee, which also sought a list of gifts. Earlier this month, the chair of that panel, the Oregon Democrat Ron Wyden, indicated he could seek to compel cooperation.

“The bottom line is that nobody can expect to get away with waving off finance committee oversight, no matter how wealthy or well-connected they may be,” Wyden said.

The judiciary committee could also issue a subpoena, a tool it could not use as the Thomas scandal first billowed into public, given the absence of Dianne Feinstein, a California senator kept away from Washington by ill health. Feinstein has now returned to work, restoring Democrats’ working majority.

Any battle with Crow will be played for high stakes. In their letter to Durbin, the billionaire’s lawyers claimed Congress itself “does not have the constitutional power to impose ethics rules and standards on the supreme court. Doing so would … violate basic separation of powers principles”.

Coke Can Clarence and the Really Big Little Lady: Clearly they are enjoying a joke on all of us, on America, and on Justice For All.