The Wild Winds of Fortune

I really should end this hiatus from political blogging.  There are just too many important things out there that beg to be commented on.

There is the Defense Authorization Bill.  A thorough post on that will come along at some point, hopefully, but let me just observe that it passed 93-7.*  That means that a whole lot of Democrats had no problem with it, which is appalling, or were relying on President Obama to veto it,** which is cowardly, or were sure the Supreme Court will declare the objectionable parts unconstitutional, which is foolhardy and callous.  Foolhardy, because you can never predict how any given Court will rule on anything.  See Ledbetter v. Goodyear, or Kelo v. New Hampshire, or, much more to the point, Korematsu v. United States.  Callous, because if there is an as-applied challenge to the law, it means someone will have had to go through a lot of anguish.  Even when (not if) there is a challenge to the law on its face, it will cost money to pursue this through the courts, money which could be much better spent elsewhere. And yes, I know there is some language in part of the bill (I actually have read it) which states that American citizens are not included — except that is not what a lot of the Senators who voted for it claim. I find that very instructive. If nothing else, it means there is ambiguity***, which should always be construed to result in the worst case scenario, because it usually will.

There is the Regulations From the Executive in Need of Scrutiny — or REINS — Act, passed by the House, which would trash the regulating power of the Administration. A quick reading of the bill shows to it be even worse than reported by the Huffington Post, which is not often the case. A more detailed post on the Act requires a very thorough reading of the bill, so that I can talk about just how bad it is. (Or not, as the case may be. Sometimes things are not as bad as they would seem at first blush.)

There is the decision by the administration that Plan B and other emergency contraceptives should not be sold on store shelves but by pharmacists, and available to women under 17 only by prescription.  Obama claimed he was thinking of parents with that last one, but he should have been thinking of teenage girls.  Teenage girls sometime face not just restriction of their reproductive rights, but actual violence if they are discovered to be having sex.  Not to mention that there are teenage victims of rape or incest who for whatever reason cannot tell their parents or the authorities.

There is Rick Perry’s assertions about how Christians are persecuted, but that really is old hat. Fundamentalists have been claiming this for years.

There is the Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination (PRENDA) in the House, but I don’t think my blood pressure is up to that one right now.  It was a little high last time I went to the doctor, and discussing this bill is sure to send it through the roof.

There are various insane statements by Newt Gingrich, but I think I’ll ignore him for now. 

 See? Too many important things happening in the country. You would think that people would ease up in December.****

*Good for Republicans Thomas Coburn, Oklahoma; Mike Lee, Utah; Rand Paul, Kentucky; Democrats Thomas Harkin, Iowa; Jeff Merkley and Ron Wyden, both of Oregon; and the wonderful Independent Bernie Sanders of Vermont.

** Obama has says he will veto it, but for other reasons.

***Reading it over, I was struck by the inconsistency of several provisions.  So yes, I do think it is ambiguous.

****I know.  Everyone wants to get things passed before they go home for the holidays, and the “Christians are persecuted” meme resurrects itself every December.*****

*****Pun not really intended — but I like it anyway. I think Jesus would have liked puns.

Do Tim-Tams from Australia actually taste better than the ones made in the U.S. by Pepperidge Farm?*

Discuss amongst yourselves.

*We’re talking regular Tim-Tams, which are great, but not Mint Tim-Tams which are the world’s best mass-produced cookie** (filling the void left by the late, lamented Mystic Mints***) but which I have yet to see anywhere.


**Girl Scout cookies do not count: they are only available seasonally. 

***Fudge-covered Mint Oreos are not the same.  Sorry.

The Red-Headed Menace, upon listening to Bach’s “Toccata and Fugue in D Minor”: “What inspired that? What sort of a bad day had he had?”

It’s Sunday afternoon.  I am sitting in my favorite Starbucks so that I do not inflict violence on any one member — or any multiple members for that matter — of my household.

There is a party going on that I could be at — I feel I should be at — except I did not sign up because I was not sure I would feel better enough today to go.  It’s been going on for a while now, and I suppose I could go anyway, but … eh.  I’m really bad company right now and I would not want to inflict myself on a bunch of what are surely to be almost all strangers.*

I like Christmas music, but the selection this place is playing is boring me to tears.  Come on, people — better, better!

I did not make an Advent wreath again this year.  Last year was the first time in ten years I had not.  The reasons I did not made sense at the time I made the decision, but I find I am grieving the loss of tradition. Although there are likewise very good reasons for not going east this Christmas, it means I will  not get to see my Mom, who is 84 years old, or my older siblings, whom I love in spite of the fact that we have almost nothing in common — especially not politics or religion.  They are nice people.

I want magic.  I want miracles.

There is a lot to be said for making your own magic, your own miracles. 

But I am not doing that.  I am sitting in a Starbucks listening to Dean Martin trying to seduce a woman whose voice I do not recognize by singing “Baby, It’s Cold Outside” and Nat King Cole extolling the virtues of chestnuts roasting on an open fire and watching various college students tensely reading thick textbooks, highlighters in hand.

Oh, it could be worse: I could be one of those college students.  I’m not sure that would be worse, actually — I loved college and law school. I am a natural student.  It’s something I am pretty competent at.

Okay, lady.  It’s time to move on from this mood.  It’s time to concentrate on the good that has happened and that will happen:

I am slowly feeling better, and getting out of the house  a lot more.

The Red-Headed Menace’s most recent paper was well-organized and he needed a minimum amount of help on it today (mainly typos — the kid’s capitalization has gotten better, but is still not there yet), unlike other recent papers.

The California Academy of the Sciences was enjoyable yesterday, especially the Caribbean reef exhibit in the aquarium.  I love the brightly colored fish, and it reminded me of time spent in St. Croix and Hawaii.  I was struck again by the graceful beauty of the rays, perhaps my favorites fish of all.

Friday, The Muppets was wonderful, made all the better by seeing it with not only the Rocket Scientist but my friend Sarah.

Best of all, on Tuesday night a friend I had not seen in many months joined me for trivia, and we won, but much more importantly, we talked.

I have a lot of tasks to keep me busy next week. This is a good thing when I am feeling restless. And Tuesday, the Rocket Scientist, the Resident Shrink and myself are going into the city to Orson, Elizabeth Falkner’s restaurant, for “The Next Iron Chef: Super Chefs Popup,” in which she plays this week’s episode and provides commentary.  Given how much I am enjoying the show, this promises to be a lot of fun.

The Not-So-Little Drummer Boy will be home in ten days for the holidays.  I love the boy, and as he has reached adulthood and the day approaches when he will be gone for good, I treasure our time together.

As much as I want them, maybe I don’t need magic or miracles.  Maybe all I need is peace.

That’s possible.

*I probably should not be inflicting myself on you either, but you guys have heard me whine before.  I trust that you will skip over this post.

I am noticing that I got something on the order of 40 hits for my post titled “Phew” in three hours. Assuming these are not all ad-spam, I am wondering if people were concerned that something bad had happened, rather than me simply panicking over my parking situation.  If that’s the case, sorry for worrying you.

I really do need to think about how I title these posts.

Hurrah! Time for Christmas jollity!

First are my two favorite secular Christmas songs: “Elf’s Lament” by the Barenaked Ladies, and “Fifty Kilowatt Tree” by the Bobs.  For something a little more thought provoking, there is “The Christians and the Pagans” by Dar Williams.  And who can miss “Merry Christmas From the Family” by Robert Earle Keene?  (Though the Jill Sobule version is pretty cool, too.)

And one of the many music synced light shows. I like this one because it does not contain “Wizards in Winter.”* And someone who may have neither the skill nor the patience to compete with the neighbors when it comes to light displays.**

And my all-time favorite Christmas blog post, “The Year Kenny Loggins Ruined Christmas,” from Hyperbole and a Half.  Forget laughing until I cried, I laughed until I choked.

Enjoy!

*Although it still sounds like the Trans-Siberian Orchestra.  It certainly is not Metallica, more’s the pity.
**Or maybe they just don’t want to foot the insane electrical bill people with massive displays must run.

I never use Google Map street view.  Never.  Quite frankly, it creeps me out a bit.  Today, however, it came in very handy.

Remember how I said I was panicking about having missed a reason that a parking space was open?  I was worried about having not seen a red curb or a fire hydrant.

Never fear, Google Street view is here! After fumbling around a bit, I managed to find the spot I was parking on the street view.  It showed a car parked right where I had parked.  Unless there is a temporary “No Parking” sign, and I do not think there is,  I should be fine.

Whew.

I am at the California Academy of Sciences today, having driven the Red-Headed Menace and a classmate into the City for a leadership training conference by the Alliance for Climate Education. I have a lovely seat on the balcony outside the education center, looking out the glass wall on the front of the building to the Music Concourse and the de Young Museum across the way.  I have wireless.  I have a bottle of water, somewhere, and in any case, I believe there is a cafe somewhere in the building.  All I have to do is chill for the next four and a half hours.  Not a bad thing. I even found street parking so that I do not have to pay $28 for the underground garage.*

It is a beautiful day outside, but brisk.  The sky is lovely.  I have the best of both worlds: I can see the lovely sunshine, and not freeze while doing it.  And the best part is how the air smells in here.

The California Academy of Sciences is home to the Steinhart Aquarium.  Where I am in the building smells like the ocean: clean, salty, comforting.

All in all, there are much worse places I could be.

*Of course, right this very instant I am panicking — I got the space right as someone pulled out.  I did not see a red curb, but what if there was a fire hydrant I missed? If it were not a significant walk (at least in my current state of health, and lugging my computer, etc.)  I would go out and check.  The last thing I need today is a tow.

In spite of being tired, after resting for much of the day, I went to see The Muppets with the Rocket Scientist.  I am not going to give a full review, but I do just want to say…

I will never hear “Smells Like Teen Spirit” in quite the same way ever again.

PPL Montana, LLC v. Montana is it.  My favorite case pending before the Supreme Court this term.  It has nothing to do with the AEDPA or zombie copyrights or the Stolen Valor Act.  It is about…

Navigable waters. Oh, boy.*

Without going into detail (because I’m really, really wiped and not thinking clearly and because the good folks at SCOTUSBlog do such a much better job of that than I do), the issue is what tests do you use to determine whether the waters of a river were navigable at time of statehood?  In this case, 1889. (It should be noted that, in the words of the Montana Supreme Court, “the concept of navigability …  is very liberally construed by the United States Supreme Court.”) This matters because the state owns title in the riverbeds of bodies of water that were navigable at the time of statehood.

Part of the evidence that has been introduced are the journals kept by Lewis and Clark.  This case is a Western history buff’s wet dream.

For me, the most interesting aspect to this case is its origins.  The case before the Supreme Court is an action on the part of Montana to recoup back rent for the sections of the Missouri, Clark’s Fork, and Madison riverbeds under several dams.  The oldest dam had been built in 1891, only two years after Montana achieved statehood.  All of the other dams likewise were decades old, and all had been bought by PPL in 1999-2000.  At no point between the time the dams were built and 2003 did the state attempt to collect compensation for use of these lands.

Actually, the state of Montana did not initiate this action, either — parents representing Montana schoolchildren did. In Montana, some state-owned public lands are administered by the State Land Board for the benefit for the public schools.  The parents in this case argued that the land under the dams were part of the school trust lands, and that the power company was required to compensate the state.  

It was at this point that the state decided to join the suit, even though it had never sought payment for the use of the property before.** A couple of successful motions for summary judgment later, and violà!, here they are at the Supreme Court getting ready to argue over whether sandbars and portages made the rivers in question unnavigable in 1889.

I hope that every high school civics class in the state is following this case closely.  It’s a rare chance to see the Court deciding on something that you can so clearly identify as being in your own interest — in this case, whether the schools in Montana get the extra millions of dollars in their budget that a victory on the part of the state would provide.  And just think how much fun this would be to study in American History.  Talk about teachable moments.  It just goes to show how history really is just like a …. um, yeah.

I cannot wait for December 7th and the oral argument on this.

*No, I am not being sarcastic. I really do find navigable waters questions interesting.  Besides, as the Rocket Scientist pointed out when I told him about this, no one is going to die if the Court does something stupid, unlike in many of the cases I am passionate about.
**I am, of course, glossing over a ton of procedural and other case history here.  The history of the project and the case is more complex than I make it appear, and there are a whole set of affirmative defenses (estoppel, laches, preemption by federal law) that the Montana courts kicked out. Also, prior cases about the state school trust lands had held that the state had a fiduciary duty in administering those lands for the schools, and so the state joining the suit made sense.