Short answers to stupid questions: Court stacking edition

Genius And The Thieves – Eluvium

Harold Maass at The Week asks: Is Obama trying to stack the courts with liberals?

If by ‘stack’ you mean ‘nominate judges to fill vacancies’ – then yes.  Yes he is.

The nefarious plot here is that he’s planning to nominate three judges at once for the DC Circuit Appeals Court.  Of course, this is a function of the ‘all filibusters all the time’ strategy of the Republicans–which has left some of those seats empty for years.  It’s not like he plotted in 2008 to wait until his second term to fill a bunch of seats simultaneously.

Then again, what if he did? We are, after all, talking about the political genius who apparently let US citizens die in a terrorist attack in order to help his presidential campaign.  Also, Vince Foster.

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Scandal-mania: some thoughts

Bad News – Eels

Okay, so the threshold for what makes a scandal really seems to be falling. Only one of these things strikes me as a legitimate ‘scandal,’ and even there it’s a pretty minor variant. It’s particularly telling to me that a number of folks have started referring to the whole collection of things as ‘Obamagate.’ What this suggests to me is that the true scandal for them is the simple fact of Obama’s presidency. He himself is the scandal, and they’re just happy to find any specific content to layer on top of that which can compel a larger story.

– The most extreme non-scandal of the bunch: Benghazi. There has never been any here here, and the newest ‘revelations’ don’t change that. It is a tragedy, and there is even something useful about poking into the post-attack fights about precisely how to understand what happened. But that’s just standard national security evaluation. If this is a scandal, then every presidential administration in history has faced literally hundreds of scandals.

– The press stuff. I have to admit that I find journalists to be, as a class, pretty obnoxious. This is never more true than when they go nuts about something that wouldn’t trouble them in the slightest if it were happening to someone else. I understand that everyone sees things differently when they impose personal (rather than social) costs. So it’s understandable, but it doesn’t make it any less contemptible.

In this case, the entire argument for additional protection to journalists in leak stories is that the Fourth Estate provides a great deal of social good. We don’t think they deserve special First Amendment protections just because they’re swell people; it’s because their contributions to society are particularly important. Which means that it is perfectly legitimate to balance other competing social values against such freedoms. All of which is to say: I grow incredibly frustrated by journalist attitudes which treat their freedoms as moral absolutes while regarding similar freedoms for other groups as merely instrumental.

In these particular cases, it is particularly important to remember that (as far as I have seen) no laws were broken, or even really bent. You may well DISAGREE with the existing state of the law, and that is totally fine. But let’s be clear about what this is. There isn’t really a ‘scandal’ here; there is a debate about what the law ought to be and a debate about whether the executive ought to exercise more discretion than they are legally obliged to do.

My basic position: I’m in favor of some executive flexibility to make judgments on this sort of stuff. While it does seem like in these cases they may have been overly enthusiastic about prosecuting the case—and ought to suffer some blowback on these issues—I’m not convinced anything seriously terrible happened here. If this sort of thing becomes far more standard, and we can begin to see real evidence of a ‘chilling effect’ on journalistic pursuit of significant stories, I think the political pushback would grow significantly. And I would absolutely join the chorus.

But we are not there right now, and honestly I don’t think we’re all that close either.

– The IRS. Okay, this is a real scandal although it’s one where the optics strike me as far more important than the actual content. The harm in question wasn’t really all that big, and it does seem to have been shut down before it could really go much of anywhere. That said, the governmental bureaucracy in general and the IRS in particular need to operate as fairly and independently as possible so when they fail to do so, it really does matter.

I’ll be pretty shocked if this ends up mattering in any kind of serious policy way for the long term. But there’s no denying it will be pretty good fodder for the anti-tax folks for many a year.

– Sexual assault in the military. And here we have a genuine scandal with absolutely horrifying consequences for those affected. 26,000 sexual assaults per year, with not nearly enough done to police them. And now several officers tasked with combating these attacks have themselves been arrested for sexual assault. That’s a problem for some pretty obvious reasons. Except: it doesn’t seem to be included on any of the lists recounting the series of scandals. I wonder why that is.

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Feel the energy all around me

Brainwash – Cillie Barnes

This song answer the question that I never knew I needed to ask: what if Cat Power wanted to combine the smooth lyricism and melodies of late 60s Motown with the liquid feel of modern chilled out electro-pop? What you end up with is a languid and wonderfully smooth beat with hints of folk and brass, all of which provides the backup to a soulful vocal performance.

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It always ends the same

Television – You Won’t

So simple, so warm, so great.  There almost couldn’t be less going on here musically.  It’s the same simple refrain sung again and again – wafting above a slow round of handclaps and a line of nine piano chords on repeat.  Really, after the first ten seconds, there is nothing new to discover musically in the rest of the song.

But that’s precisely what makes it so great.  This is one of those short little songs that somehow manages to feel like it’s been going on for decades.  it’s folk music in the old sense – you can imagine it begin sung around campfires on the frontier, or dancing around a maypole in the old world.

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Just Like Any Other Man, Only More So (a short story)

Transistor Radio – Cloud Cult

It is a little known fact that intelligent life is, in fact, alive and thriving on several other planets in our very own solar system. The reason scientists have failed to discover them is simply that they have not wished to be seen…until now.

A peaceful morning in Everytown, America. Children are lined up waiting to get on the school bus like any other day. Today, however, is not quite any day. As the door to the bus opens, they realize the driver is no longer the lovable rascal, Dennis “Doofus” Simpson. Instead, staring at them from behind the big wheel is Zorro! The children step back in consternation only to realize Zorro has bounded out of the van brandishing a sword. “On the bus, puny earthlings, we set sail immediately.” The children do not go to a particularly good school or else someone might have noticed the bus is not currently equipped with any sails. But that is neither here nor there.

Fearfully, the kids get on one by one until only little Joey remains. Do you remember Zack from Saved By the Bell? Joey looked nothing like him. He did get beat up a lot, though, which had drained him of all fear. Compared with the daily threat of losing his Magic playing cards money to the school bully, Zorro’s sword was nothing. He refused to get on the bus. Zorro certainly was not going to stand for this. He had a schedule to keep, after all. His sword flashed three times, cutting an entirely predictable Z across Joey’s shirt, causing the sour patch kids that had been safely contained in his shirt pocket to spill onto the ground.

Now Joey was a man who knew what he liked and he LIKED sour patch kids, so this naturally made him burst into tears and run away. Zorro was getting bored with the story by this point so he let Joey go and returned to the bus.

What he didn’t know, though, is that the sour patch kids were MAGICAL. Where the landed, they began to quickly grow in a manner reminiscent of Jack in the Beanstalk. Except this time, instead of plants, they produced giant replicas of the hungry hungry hippos. Zorro tried to drive away before they became too big, but since he was more used to riding horses than driving buses, he didn’t know about keys and things, so the bus didn’t move until it was swallowed up by the purple hungry hungry hippo, which certainly didn’t care that it was never explained why Zorro was from another planet or what he was doing kidnapping children in a school bus. It was pretty pissed about the tense changing halfway through, though. Hippos are like that sometimes.

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Drunks and children they always tell the truth

Drugs And Kittens I’ll Drink To That – Mighty Mighty Bosstones

Today is National Drug Take-Back Day.  The idea is that you can dispose of your expired or unused prescription drugs in a safe manner.

Let’s compare that idea to gun buybacks.  Famously, because of the ‘gun show’ loophole, the private sale of guns is basically unrestricted.  This was made extremely evident at a gun buyback a couple months ago, when a guy simply stood outside and offered to out-bid the government.

If the same fellow wanted to do this today at a drug take-back event, he wouldn’t be allowed to do it.  Why? Because selling prescription drugs for non-medical use is illegal.  After all, someone might get HURT.

Crazy world, huh?

On a related note: here’s a nice thinkpiece from John Cassidy at The New Yorker: What If the Tsarnaevs Had Been the ‘Boston Shooters’?

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Cover my skin with your sunkissed light

Texas – Magic Man

I don’t miss the 80’s.  It was a terrible decade mostly full of terrible people.  And on the whole, the music wasn’t great either.  But every rule has exceptions, and in this case it’s synth pop.  Sure, like all genres it has some trainwrecks.  But when done right, there isn’t much that sounds better.

Magic Man seem to agree.  They are the logical heirs to that tradition, blowing some of the more famous bands of recent years (The Killers, The Bravery, etc.) clean out of the water. Just listen to that synth line, those thumping drums, the ode to sunshine and nights spent on a rooftop and a whole lot of sex.  This is one of those songs that sounds so simple that you’d think anyone could do it, but which would turn saccharine and chintzy in the hands of all but the most deft musicians.

Thankfully, Magic Man do it right.

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I wanna be your best friend

Best of Friends – Palma Violets

It’s got that messy garage rock feel, but I can also hear a lot of Springsteen in the guitars and the shouted chorus.  And it sure sounds like they consumed a fair amount of Strummer and Jones while writing this one.

All of which is to say: there’s nothing particularly new here.  But who cares?  It sounds great, and the world will never have enough shouted punk anthems.  As long as there continue to be young guys armed with guitars, songs like this are worth listening to.

If you want a contemporary reference, Palma Violets are basically the Arctic Monkeys for 2012.  They burst onto the scene in the UK, and the question now is whether they catch any ears over on this side of the pond.  Based on this song, you have to like their chances.

The album is called 180, and it came out last month.

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When 90% isn’t really 90%

So we all know that 90% of people support background checks.  A fact which has caused Maureen Dowd to become a parody of herself (seriously, that column has to represent the exact moment when we hit Peak Dowd, right?).  But some new polling helps to splash a bit of cold water on that number – and clarifies some of the confusing elements at work in our contemporary political environment.

According to a Pew poll:

The key Senate vote that halted gun control legislation last week is drawing a mixed reaction from the American public: 47% express negative feelings about the vote while 39% have a positive reaction to the Senate’s rejection of gun control legislation that included background checks on gun purchases. Overall, 15% say they are angry this legislation was voted down and 32% say they are disappointed. On the other side, 20% say are very happy the legislation was blocked, while 19% say they are relieved.

That doesn’t sound like 90% support.  So what’s up?

Well, a couple things. First, there are ‘background checks’ and then there are background checks. People might support the general concept that there should be some sort of check without supporting the specific things that were up for debate here. That said, I think you would find many people who fell into the ‘relieved’ and ‘very happy’ category who couldn’t really explain what precisely was wrong with this bill. Which leads to the second – and far more important – point.

The way people feel about policies is VERY STRONGLY connected to larger themes of partisan/communal identification. For many people, strong NRA rejection of a proposal indicates that it’s the ‘wrong sort’ of background check, and strong Republican opposition signifies the same thing. Conversely, a strong push from Obama might well dissuade a lot of these people from supporting the idea. If you think that Obama is a socialist Fifth Column for global UN domination, then you’re just never going to trust him to implement this stuff in a good manner.

The larger point here is that MANY policies fall into this confusing area, where theoretical support evaporates as soon as actual ideas are on the table. Lots of people want to cut spending, but they aren’t very happy about the actual proposed spending cuts. Lots of people in 2009 were pretty sure that health care was broken, but hated every single idea for improving things. Even up in the Supreme Court, you can find Anthony Kennedy: who thinks that states are not allowed to impose ‘undue burdens’ on women seeking abortion, but never seems to think that any actual policy constitutes such a burden.

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Nobody actually wants to be forgiven they just hate to be wrong

Sunglasses – Saturday Looks Good to Me

Am I crazy for thinking this song basically sounds like someone laid an indie-pop vocal track on top of an old ska song and then threw a bunch of old girl group harmonies into the mix?  One thing I can say for sure: it’s pretty damn catchy.

This is off their upcoming album One Kiss Ends It All, which promises to be a festival of jangle pop the likes of which we haven’t seen since…well, since Allo Darlin’ last year.

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