Blog on the Run: Reloaded

Wednesday, June 3, 2015 8:30 pm

Odds and ends for June 3

Thirty years ago today, what is still the weirdest true-crime story you’ll ever read concluded horrifically. My friend and former colleague Margaret Moffett checks in with some of the survivors. (EDITED to add: My friend Chris Knight, who grew up near some of the characters in this drama, adds his perspective.)

Perv, meet thief: Presidential hopeful Mike Huckabee, the insufferable pecksniff whose most recent pronouncement was that he wishes he’d “felt like a girl” in high school so that he could have gotten to watch girls shower naked, makes it clear he’ll do anything to get close to Florida Gov. Rick Scott’s donors. Scott, of course, led the company that committed history’s largest Medicaid fraud.

No links with this one, just a thought: What if the Obama Justice Department had put as much effort into investigating banksters as it has into investigating FIFA?

Relatedly, no, South Africa, I’m sure your 2008 payment of $10 million had nothing to do with your getting the 2010 World Cup and was in no way a bribe. Perish the thought.

Every so-called “gay-conversion” operation in this country needs to be sued. Saying you can “convert” someone who’s gay is like saying drinking motor oil can cure cancer.

This week’s revamp of U.S. national security laws was a sorely needed first step — and never would have happened without Edward Snowden. So why is Snowden still a wanted criminal?

The first step in fixing a problem is admitting you have a problem. The U.S. government doesn’t want to admit that we have a problem with killer cops.

After seeing her in “Easy A,” I would watch Emma Stone in just about anything. But even I thought casting her as part-Asian in “Aloha” was boneheaded. Better late than never, director Cameron Crowe agrees.

N.C. Gov. Pat McCrory is staking his re-election effort in 2016 on $2.8 billion in transportation and infrastructure bonds. The only reason I’m not saying that the legislature is throwing McCrory under the bus by refusing to put them on the November ballot is that legislative Republicans don’t believe in mass transit.

And our lite gov, Dan Forest, is a moron. (Previously. Also previously.)

Speaking of morons, the legislature has overridden McCrory’s veto of HB 465, the “ag-gag” law. A court will toss it out eventually, but a lot of animals, and quite possibly some people as well, are likely to suffer before that  happens. So much for McCrory’s attempt to position himself politically as a moderate keeping the Visigoth right at bay. I would say that the legislature threw McCrory under the bus on this one, but that would imply that legislative Republicans favor mass transit.

And the Lege has given committee approval to a bill that will gut background checks on private in-state pistol sales by 2021, a bill so bad that many of the state’s sheriffs opposed it.

And lastly, my local paper and former employer, Greensboro’s News & Record, has laid off a bunch more people, including some true stalwarts, one of whom was just months from retiring. At this point, I think it’s fair to conclude that BH Media is no longer even trying to cut its way to profitability. It is now simply milking what it can for as long as it can, at which point it will shut down the papers one by one and sell off the real estate, some of it quite valuable, that those papers sit on. And it’s past time we in Greensboro start thinking about who or what will be able to provide the journalistic firepower to truly hold the powerful accountable in this community.

 

 

 

 

Monday, October 27, 2014 8:39 pm

In which Lt. Gov. Dan Forest writes me. And I write back.

Sweet baby Jeebus, but Teh_Stoopid is strong with my lite gov. He writes:

Lex —

Over the last two weeks, those of us who have publically offered that the states, rather than federal circuit and district courts, have the constitutional authority to make decisions on marriage have been met with derision by liberals.

Unfair name-calling and allegations of bigotry have reached ridiculous levels aimed at those of us who are defending the constitution.

The following is a quote from the United States Supreme Court on who holds the balance of power between the federal government and the state governments when it comes to marriage. See if you can guess which Justices signed off on it.

The recognition of civil marriages is central to state domestic relations law applicable to its residents and citizens. See Williams v. North Carolina, 317 U.S. 287, 298 (1942) (“Each state as a sovereign has a rightful and legitimate concern in the marital status of persons domiciled within its borders”). The definition of marriage is the foundation of the State’s broader authority to regulate the subject of domestic relations with respect to the “[p]rotection of offspring, property interests, and the enforcement of marital responsibilities.” Ibid. “[T]he states, at the time of the adoption of the Constitution, possessed full power over the subject of marriage and divorce . . . [and] the Constitution delegated no authority to the Government of the United States on the subject of marriage and divorce.” Haddock v. Haddock, 201 U.S. 562, 575 (1906); see also In re Burrus, 136 U.S. 586, 593-594 (1890) (“The whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States and not to the laws of the United States”).

Consistent with this allocation of authority, the Federal Government, through our history, has deferred to state-law policy decisions with respect to domestic relations. . .. Federal courts will not hear divorce and custody cases even if they arise in diversity because of “the virtually exclusive primacy . . . of the States in the regulation of domestic relations.” Id., at 714. (Blackmun, J., concurring in judgment).

The significance of state responsibilities for the definition and regulation of marriage dates to the Nation’s beginning; for “when the Constitution was adopted the common understanding was that the domestic relations of husband and wife and parent and child were matters reserved to the States.” Ohio ex rel. Popovici v. Agler, 280 U.S. 379 (1930).

This must have been Justice Scalia or Justice Thomas, right? Possibly Justice Alito or Chief Justice Roberts? Maybe a justice from the early 1900s or the late 1800s? If those were your guesses, you would be wrong.

The quote is from the majority opinion United States v. Windsor, a case from 2013. The Justice who wrote the quote? Justice Anthony Kennedy. The Justices who joined him in this quote? Four of the most liberal justices to sit on our nation’s highest court: Justices Ginsberg, Breyer, Sotomayor, and Kagan.

We stand for the State’s authority to legally define marriage. And we have over two-hundred years of constitutional jurisprudence on our side. It is the name-callers who seek to rewrite the constitution out of whole cloth by judicial order.

-Lt. Governor Dan Forest

http://www.danforest.com/

So, being an attentive correspondent, I wrote him back:

Dear Lt. Gov. Forest:

The current Supreme Court has undone a total of centuries’ worth of settled law with no complaint from you, so it is more than a little precious that you’re now complaining that SCOTUS has undone some settled law in a way of which you happen to disapprove.

You fail to grasp that the question at issue in the recent legal proceedings wasn’t “defining marriage,” but one of an extraordinary — and unconstitutional — infringement upon the First Amendment free-exercise rights of religious organizations that wished to perform same-sex marriages. Even if you ignore the rights of the individuals involved (which you have seemed all too willing to do), the state cannot restrict the free-exercise rights of churches absent a compelling state interest — and no state government, anywhere, has been able to convince the Supreme Court that any such interest is even close enough to existence for four justices to vote to hear a case on the subject.

Your argument has been weighed and found wanting, so shut up, go away, and stop wasting my tax money trying to carry out unconstitutional restrictions of religious freedom.

Love Your constituent only until we can get rid of you,

Lex

I realize there will always be dead-enders, but, dude: 1) You lost. Get over it. And 2) You either don’t understand the issues involved, or you understand them and are lying about them, either of which disqualifies you from holding political office in any sane world. I realize that the likeliest explanation for your behavior is that you’re positioning yourself to seek the Republican gubernatorial nomination in 2020 — or in 2016 if McCrory goes wobbly on the Koch-ALEC agenda — but fat, dumb, and pandering to the mouth-breathing knuckle-draggers is no way to go through life, son.

I do so look forward to the day that North Carolina can bundle all this DERP back to Bat Country where it came from. A village in Mississippi has misplaced its idiot in our state capital.

Thursday, October 23, 2014 8:45 pm

Someone needs to cut the legs from under Lieutenant Dan

As if we have not been subjected to far too much of Teh_Stoopid already with regard to same-sex marriage in North Carolina, now comes Republican Lt. Gov. Dan Forest to try to make political hay off the issue:

If you’ve been paying attention to the media, you’ve been told numerous times from opponents of North Carolina’s Marriage Amendment that the fight is over, and that they have won. That is not the case. The following is a realistic scenario that could lead to a constitutional showdown between the state and federal systems as to which court, outside the Supreme Court of the United States, has the legal authority to rule on North Carolina’s marriage amendment.

Last week, the Administrative Office of the Courts directed magistrates that they could not refuse to perform a same-sex marriage, no matter what the reason, including their personal moral and religious objections. This directive informed them that failure to comply could result in removal from office and criminal penalties. In response, our state needs but one magistrate to legally challenge the edict sent down from the Administrative Office of the Courts on two grounds.

The first ground is that the memorandum directs him to violate his religious conscience, thereby violating his right to religious freedom preserved by the North Carolina and United States Constitutions. In particular, the North Carolina Constitution provides that “all persons have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences, and no human authority shall, in any case whatever, control or interfere with the rights of conscience.”

The second ground is to assert that the memo directs him to contravene the North Carolina Constitution by performing a ceremony that is not recognized by law, and is in fact, prohibited by the marriage amendment. You may wonder how that is possible after Judge Cogburn’s ruling purporting to strike down our amendment. That is one of the beauties of federalism. As succinctly stated by North Carolina’s Supreme Court in the case of State v. McDowell: “A state court should exercise and apply its own independent judgment, treating, of course, decisions of the United States Supreme Court as binding and according to decisions of lower federal courts such persuasiveness as these decisions might reasonably command.” North Carolina case law is clear. Decisions of the Fourth Circuit and federal district courts, while persuasive, are not binding on state courts.

Should this case reach the Supreme Court of North Carolina, a vote by our honorable justices exercising their own independent judgment to uphold the amendment overwhelmingly approved by the people would set up the very real possibility that the United States Supreme Court would hear arguments, having a split on the issue between a state court and the Fourth Circuit.

The constitutional showdown is a very real possibility. Supporters of marriage should not lose heart. The voice of the people will be heard.

So much legal FAIL here.

Just for starters, the mere fact that the wording of Amendment One, which banned same-sex marriage in this state, nominally remains a part of the N.C. Constitution does not mean that the prohibition has any legal force. Sodomy remains a felony under North Carolina law, even when it involves married heterosexual couples, but the Supreme Court’s ruling in Lawrence v. Texas rendered that statute unenforceable. The high court’s refusal to hear appeals of federal appeals courts’ strikedowns of same-sex marriage bans has the same effect on Amendment One, and no amount of clapping by Dan Forest changes that legal fact.

It’s entirely possible that Forest is ignorant of that fact, but the likelier scenario is that he’s playing to the mouth-breathing, knuckle-dragging GOP base — to primary McCrory from the right if McCrory goes squishy on the Koch/Pope agenda between now and 2016, or to run in 2020 when McCrory is term-limited out (assuming McCrory wins re-election, which is by no means a lock at this point). The fact that this approach is about as cynical and disingenuous as a politician can get anymore without bringing up voter fraud is just icing on the cake for Forest.

Unsurprisingly, his blog isn’t accepting comments on that post. The good news, my Greensboro friends, is that we have an opportunity to speak directly to Dan Forest on this issue.

He’ll be holding a town hall at 6 p.m. Oct. 28 at the Oak Branch Conference and Events Center, 23 Oak Branch Drive (map). The purpose of the event is to drum up support for a Constitutional Convention — a gathering of the states for the purpose of wholesale rewriting of the U.S. Constitution. That way lies madness — no limit need be placed on any such convention’s agenda, so who knows what insanity might get put up to an instant vote without care or consideration — but it also is highly unlikely that anyone can rally enough votes to make such a convention happen anytime soon. Instead, this town hall offers the sane among the populace the opportunity to get up in Forest’s face, live and in concert, and ask him:

Just how goddamn stupid do you think we are?

 

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