Nominating Judges

Is Arlen Specter's defection to the Democratic Party bad for the Democrats?  Jay Newton-Small suggests there's one extremely specific way in which it might very well be.  You'll be unsurprised to hear that arcane Senate rules are at the bottom of it.

Souter's Legacy

So who will Obama nominate to replace David Souter?  Ideologically, probably someone who's not all that different.  But it's worth remembering that Souter's real legacy is that he's the one who made Supreme Court appointments the artery-hardened slugfests they are today.  It's not his fault or anything, but he was supposed to be a conservative strict constructionist when George H.W. Bush appointed him, and then, over time, turned out not to be.  In 1992 he voted with the pro-choice contingent in Planned Parenthood v. Casey and after that became a steadily more liberal influence on the court.  The conservative rallying cry following this slow-motion defection became "No more Souters!" and liberals learned the Souter lesson too.  The result: nobody gets nominated anymore unless their judicial temperament is fully and unequivocally cast in stone.  The market for moderates and interesting thinkers is pretty much gone.

And all because of mild mannered David Souter.  Who would have guessed?

What’s news about Chrysler is not that the big auto maker was pushed into bankruptcy or that a small number of greedy mutual and hedge fund operators tried to screw the deal–but that the United Auto Workers Union  has emerged with a 55 percent stake in the new company. Even amidst all the concessions and temporary plant closures, this is a victory of sorts for labor and for this union, which once stood at the forefront of progressive politics in the United States. 

The deal, of course, also has serious downsides for the UAW, which took deep cuts in pay and benefits, especially for new workers, and gained its 55 percent stake by accepting Chrysler equity for half the $10.6 billion obligation that the automaker owes a retiree health-care trust. Harley Shaiken, a labor expert at UC Berkeley, cautioned that if Chrysler fails in the long run, the equity could turn out to be worthless. Shaiken told Bloomberg News today: “The union will have a tough fight in the future to make sure competitiveness results in high-wage jobs rather than coming at their expense.”

Yet the deal was approved by an overwhelming majority of union members. And Obama’s announcement of an agreement that effectively includes union ownership is not just a strike at Wall Street; it could reach far beyond, to hit at the heart of the ruinous policies of our celebrated corporate industrial complex. 

Fun with Photoshop

James Fallows looks at the tableau of Obama muckymucks at yesterday's announcement that Chrysler would be allowed to file bankruptcy and is impressed with the "human dramas suggested by these faces."  It is, he says, "an impromptu work of art."

Today he's taking nominations for which Old Master it reminds him of.  My contribution is below: a crude Photoshop that makes the scene into an Old Master.  Enjoy!

Here's Salon's list of (the weirdo) Souter replacements.

Here's Slate's.

Here's Politico's.

Here are some hints from the NYT.

Yeah, lots of liberal overlap, but we'll all just have to stayed tuned. Obama is nothing if not inscrutable.

Been gleefully looking for Limbaugh-ian ones. Will post when their apoplexy lifts.

Tee hee.

Via Tyler Cowen, an idea from Geoffrey Miller about product branding that's "intriguing but absurd":

For example, companies could sell certain products only to consumers who have a certain minimum or maximum score on one or more of the certain Central Six [personality] traits....Lexus could sell the "Mensa Quartz Medallic" color of the LS 460 only to customers whose validated intelligence scores are high enough for them to join Mensa International (IQ 130+ or the top one in fifty).  The more exclusive "Prometheus Glacier Pearl" color could indicate an IQ above 160 (the top one in thirty thousand) — the qualification for joining the Prometheus Society.

Too late!  This idea is clearly stolen from J.T. M'Intosh's World Out of Mind, putatively a novel about an alien invasion of Earth, but in reality just a vehicle that allows him to lovingly describe a future in which everyone takes a cognitive test in early adulthood and is assigned a color forevermore.  There are the dull witted Browns, the worker bee Purples, the middling bright Reds, all the way through the Oranges, Yellows, and supergenius Whites.  And in case that's not enough for you, each color is further divided into its Circles at the bottom, followed by its Triangles and then its Stars.  The White Stars, needless to say, run the world.  And in M'Intosh's world, you wear your badge at all times or else.

(Yes, those are really the colors he used.  Race theorists should feel free to have a field day, especially since Miller's proposed colors are remarkably similar to M'Intosh's.)

50s science fiction.  You can't beat it.  We will now return to our normal political kvetching.

Naming Names

Ezra Klein says Obama called the bluff of the holdouts who forced Chrysler into Chapter 11: "Not only did the administration let Chrysler fall to the bankruptcy courts, but Obama called the investors out by name."

Really?  That's great news.  I want names!  Sadly, it turns out Obama didn't call out anyone by name at all, saying only that "a group of investment firms and hedge funds decided to hold out for the prospect of an unjustified taxpayer-funded bailout."

Boo.  Hiss.  I want names.  It's pitchfork time.

According to PEW, via CNN, the more religious you are, the more you dig torture:

The more often Americans go to church, the more likely they are to support the torture of suspected terrorists, according to a new survey...More than half of people who attend services at least once a week -- 54 percent -- said the use of torture against suspected terrorists is "often" or "sometimes" justified. Only 42 percent of people who "seldom or never" go to services agreed, according to the analysis released Wednesday by the Pew Forum on Religion & Public Life.
White evangelical Protestants were the religious group most likely to say torture is often or sometimes justified -- more than six in 10 supported it. People unaffiliated with any religious organization were least likely to back it. Only four in 10 of them did.

Itals definitely mine!

Let's hear it for us godless ones!

Charles Krauthammer writes today that there are only two circumstances that justify torture.  The first is the ticking time bomb.  Of course.  But I'll let that one slide for now.  Here's the other one:

The second exception to the no-torture rule is the extraction of information from a high-value enemy in possession of high-value information likely to save lives. This case lacks the black-and-white clarity of the ticking time bomb scenario. We know less about the length of the fuse or the nature of the next attack. But we do know the danger is great. (One of the "torture memos" noted that the CIA had warned that terrorist "chatter" had reached pre-9/11 levels.) We know we must act but have no idea where or how — and we can't know that until we have information. Catch-22.

What an astonishing coincidence!  That's exactly the situation the Bush administration says it was in.  If it weren't for his legendary dedication to intellectual integrity, you'd almost think Krauthammer had simply taken a post hoc look at what his own team did and had then made up a justification to fit.  But he wouldn't do that, would he?

Of course, any rule worth the paper it's written on has to apply to more than just our side, so presumably this means Krauthammer thinks it's generically acceptable to torture anyone of sufficient rank and value.  If the Germans had captured a colonel with probable knowledge of Patton's battle plan, torture would have been OK.  If the Taliban caught a deputy consul who knew when the next attack on Kandahar was scheduled, torture would be OK.  If al-Qaeda catches a Air Force pilot who might tell them the secret of detecting and shooting down drones, torture will be OK.

Krauthammer's exception isn't an exception.  It can justify practically anything, either from us or from anyone else.  It's essentially the end of the civilized consensus against torture.  Unfortunately, I imagine that's the point.

Yesterday I mentioned that Texas Governor Rick Perry's secessionist rhetoric flies in the face of Texas' history of receiving gobs of federal money: the state has received federal disaster assistance more frequently than any other in the Union.

Today, I have some raw numbers, courtesy of FEMA's public affairs office in Denton, Texas. During Perry's tenure -- 2001 to the present -- FEMA alone has sent $3.45 billion to Texas. $3,449,142,397 to be exact. That figure does not include funding from any other federal agencies (of which there is plenty), nor does it include funding for Hurricane Ike recovery, which is still ongoing.

To get a sense of how much federal money goes to Texas every time a disaster strikes, consider the numbers in this FEMA press release from earlier this month: since Ike made landfall in September 2008, Texas has received over $2 billion in disaster relief funding from various federal agencies. That includes just $96 million from FEMA (to pay hotel bills for displaced citizens). The rest comes from the Small Business Administration and other agencies.

I want to be clear. I'm not saying Texas and its hurricane-weary citizens don't deserve this money. They do. I'm glad the federal government is able to step in and help states recover from natural disasters when local authorities are overwhelmed. But it's galling that Governor Perry, who reportedly has an eye on a presidential run, ginned up the GOP base by talking of splitting from the "oppressive" Obama administration (his words) when he knows full well that the federal government has bailed out his state repeatedly, and probably will do so again. Where does Perry think all this money would come from if Texas was its own state? He's probably have to raise taxes to the point where Texas would want to secede from itself.