Planet X

Scientists have discovered a tenth planet in our solar system. The name is still pending the approval of the International Astronomical Union.



The planet is at least 1.5 times the size of Pluto. This will, of course, rekindle the debate over whether bodies like it and Pluto are even planets at all. I find myself to be somewhat sentimentalist about all this. Pluto has been historically considered a planet, so it should remain so. This new object is bigger than Pluto and orbits the sun, so in my humble non-expert opinion, it should also be considered a planet. I'd love to hear what other think though.

Graphical Bush Approval

Check this out, from Pollkatz:



The first spike is 9/11. The second spike is the invasion of Iraq. The third spike is the capture of Saddam Hussein. The final gentle rise is the massive exposure and expenditures of the Republican Convention, the debates, the election victory, and the inauguration. Once Bush started governing again, he reverted to his natural gradual decline in approval.

Gallup: Bush Approval 44%

Poll results here. Summary: Bush Approval 44%, Disapproval 51%. This is the lowest approval rating Gallup has ever shown for President Bush. Bush Personal Approval 48%, Personal Disapproval 50%. This is the lowest personal approval rating Gallup has reported for President Bush, and the first time he's dipped below 50%. This is also the first time he's had a net personal disapproval. Democratic Party Identification 33%, Republican Party Identification 28%. According to Gallup, this represents a 5% shift in favor of Democrats since the first half of 2005.

The Sweet Fruits of His Labor

What's the reward for alleged treason in the Bush White House? Why a pay raise of course! Karl Rove now makes $161,000 a year. Excuse me while I throw up.

I Interfere in Ohio

So I made my first congressional campaign contribution ever today. It was to Paul Hackett in the Ohio 2nd Congressional District. I made the $20 contribution through his Act Blue page. Why? Well, this is why:

The Ohio 2nd is having a special election to replace Rep. Rob Portman (R), who resigned to become US Trade Representative, to be held August 2nd. According to Tim Taggaris over at Swing State Project, the race is within 5%. No Democrat in the last 4 elections has been able to come closer than 30% of the vote total (although the district changed slightly in the 2000 redistricting).

If a Democrat wins in an overwhelmingly Republican district, it could be taken as a sign of a coming partisan wave election. After all, in 1994, the last wave election, the Democrats' historic 54-seat loss was preceded by a string of smaller election losses in 1993 and 1994 in special elections like this one. So who knows -- if it seems the wind is blowing the Democrats' direction, maybe Republicans will begin to decide it's time to retire, and Democrats will decide it's time to seek higher offices.

And on top of all that, I like what Hackett says he stands for:

I’m ready to take your fight to Washington. I’m ready to take a stand on the issues that matter most to us, like keeping American jobs at home, protecting our Social Security benefits, making good healthcare accessible to everyone, and, of course, bringing the war in Iraq to a swift and secure resolution.

NY Gov: Pataki Out

Pataki is retiring. That probably means New York Attorney General Eliot Spitzer (D) is the next New York Governor.

Caption This

My contribution: Bush's Solution to Military Recruiting Shortages

More Insight Into Lance Armstrong's Politics

From USAToday (emphasis mine):

Armstrong, a member of the President's Cancer Panel since 2002, says "we have the smartest people in the world" working on cures, so his role is to get the funds to keep that research alive.

"Funding is tough to come by these days," he says. "The biggest downside to a war in Iraq is what you could do with that money. What does a war in Iraq cost a week? A billion? Maybe a billion a day? The budget for the National Cancer Institute is four billion. That has to change. It needs to become a priority again.

"Polls say people are much more afraid of cancer than of a plane flying into their house or a bomb or any other form of terrorism. It is a priority for the American public."

He chose the war in Iraq, not the National Endowment for the Arts, not the Corporation for Public Broadcasting, and not AIDS funding. I think it says something myself.

Private Peterson Prancing in Pink Pleather!

So will the theocrats go crazy or what over this suggestion:

A report released Monday shows that if 'don't ask, don't tell' - the law that bars out gays from serving in the military - were repealed the armed forces could alleviate a critical troop shortage.

The report, prepared by the Williams Project at the UCLA School of Law, and released today by the Servicemembers Legal Defense Network shows that without the ban, the military could expect to see 41,000 new recruits.

It comes as the Pentagon admits it will not meet its recruiting goal this year for the first time since 1999.

Yes, we have a troop shortage. I'm not blaming anyone (*cough* Clinton *cough*) for starting it, but Bush is President now, and he is not addressing it. One easy way is repealing "Don't Ask , Don't Tell". Not only is it the right thing to do to end official discrimination, it will immediately result in 41,000 new troops.

Not included in this number are the new recruits that would be more willing to join a military that does not discriminate. Also not included are the new recruits that could be persuaded if colleges that banned military recruiters because of "Don't Ask, Don't Tell" lifted their bans and allowed recruiters on to campuses again.

All in all, it would be a smart move. But will the Republicans do that? Probably not -- it sends a message that gay men are manly enough to serve in the military, and honorable enough to serve in the military. The last thing they would want to do is acknowledge that gays can be manly or honorable.

A Democratic Congress on the other hand, would be much more inclined to lift the ban now than in 1993.

You Done Me Proud

Yay! Lance Armstong wins 7th Tour de France! As an Austinite, this makes me very proud. Talk of Armstrong entering politics intrigues me. From Time Magazine:

After that? Armstrong has hinted at a future in politics. He’s inspired millions of Americans to wear yellow Livestrong bracelets, so he has a base. “Lance showed everybody that willpower matters,” says Giorgio Andretta, a Charlotte, N.C. bicycle importer who traveled to the Champs-Elysées to catch Armstrong’s last win. And his home state of Texas will elect a governor next year. “Never say never,” Armstrong told TIME about his political ambitions. “I’m a fighter, and I do have certain beliefs. I don’t think I’m truly cut out for it, but if people want it in ten years, who knows?” Ten Tour de Frances, or Senator Armstrong in ten years? If we have to settle for elections, his greatest wins may still be down the road.

What would a Senator Armstrong be like? Well, the only thing I've seen so far is this from Politics1 (emphasis mine):

Congrats to American cyclist Lance Armstrong on scoring his record-setting seventh Tour de France win on Sunday. No other man has ever one more than five of the grueling, three-week bike race circle around France and over steep mountains in the Pyrenees and Alps. On Saturday, US Senator John Kerry was the honored guest riding in the Discovery Channel team car immediately behind Armstrong. Kerry is an amateur cyclist and -- like Armstrong -- a cancer survivor. Kerry has been wearing one of Armstrong's ubiquitous "Livestrong" yellow bracelets for over a year. After the race, Kerry told the AP that Armstrong "would make a terrific politician" if he chooses to pursue that when he returns to Texas. "I think he'd be awesome, he'd be a force. I just hope it's for the right party," said Kerry. During his racing career -- and particularly during the 2004 elections -- Armstrong was very careful to never express support for any candidate or political party, or even define his political views beyond some rather vague comments implying he is moderately liberal on a few social issues. Armstrong has also known President Bush for many years, going back to Armstrong's first Tour wins while Bush was Texas Governor.

So he's friendly with Bush, which is not surprising since Bush and Armstrong were simultaneously famous people living in Austin. And he's moderately liberal on a few social issues. Sounds like perhaps he's a Schwarzenegger-style Republican. Or perhaps not, given that he wouldn't support Bush despite being a Texan and a friend of the President's. Who knows? I can't wait to find out though.

Shrewd Move Indeed

Apparently, Arizona Governor Janet Napolitano (D) may not get a top tier Republican challenger because the job doesn't pay enough. In a fit of political shrewdness, Napolitano actually turned down a $65,000 pay raise last year. Proof the Republicans are indeed the Fat Cat Party.

Dancing Jack!

Proof that my blog has readers! Woohoo! "Bree loves abram" says in comments to my post So it begins about the upcoming battle over Supreme Court nominee John Roberts:

Listen, J.R. is a weiner - no one is denying that. But you've gotta admit his kid can DANCE!

http://www.happycrumb.com/2005/07/20/john-robertss-son-dancing-i-missed-big-brother-6/#more-215

Do I get a cookie for being 1st to comment? How about best procrastinator in school?

For those of you too lazy to follow the link, here is the kid she's referring to:



The kid is Jack, hyperactive, adorable spawn of our up and coming Supreme Court wanna-be. As Jon Stewart pointed out on The Daily Show the other day, Jack is a strategy frequently employed by the Bush administration to distract attention from its less popular goals and its mistakes.

A partisan hack who will overturn Roe v Wade? Well, I don't... Look! It's Dancing Jack!


Well, I don't know why we haven't found any weapons of mass destruct -- Look at the evil terrorist!



Casualties mounting in Iraq? Wait -- did you hear about the Runaway Bride?



Underperforming economy? Why, that's ridicu-- O my goodness! Will you just look at the cute puppy?



I shall henceforth call this the Dancing Jack maneuver. Distract attention from concrete issues with photogenic and sensational mush. Bush is rather good at it, though the Dancing Jack would be a much more difficult maneuver if there was an opposition-controlled Congress.

One last point: If there is one lesson here, it is that the media is stupid or cowardly or both. And if there's two lessons, the second is that if you have a username with "loves Abram" in it, you will be far more likely to get your comments promoted to the front page.

Why I vote Democratic for State Legislature

In Oregon, the Governor Kulongowski is a Democrat. The State Senate is Democratic-controlled. The State House, is marginally Republican-controlled. So we get this:

Supporters of civil unions in Oregon say the issue isn't dead even after Republicans in the statehouse drastically altered a bill to allow same-sex couples the benefits of marriage. On Thursday house Republicans used what's called a "gut and stuff" maneuver on Senate Bill 1000. The move eliminated language regarding civil unions and replaced it with a reciprocal benefits package, which would allow any two adults to receive just a handful of the rights of marriage.

So I'm hoping that if 2006 does indeed turn out to be banner year for Democrats - they're overdue - that the wave will extend to the state legislatures around the country. It will undoubtedly result in more civil unions bills being passed, and those that pass being more comprehensive.

Ch-Ching!

The Hill has it that DSCC fundraising is soaring.

Through June, the DSCC had raised $22.6 million while the NRSC had raised $20.9 million, say officials from both committees.

More significant than the Democrats’ $1.7 million advantage is that they now have $15.2 million on hand after the first six months of the year, while Republicans have $8 million.

Meanwhile, the Democrats' fund-raising operation designed to help the 10 most vulnerable Democratic incumbents in the House in 2006, Frontline Democrat, has kept pace with its Republican counterpart.

Democrats raised an average of $339,000 for each of the Frontline members, just short of the Republican average of $361,000. Last quarter, the Frontline program raised just less than $200,000 per member, compared with a much more robust Republican average of $390,000.

Despite the Democratic gains, Republicans maintained an edge in overall cash in the bank, with each of the nine members of its Retain Our Majority Program (ROMP) reporting $630,000 in cash on hand as of June 30, as compared to $457,000 for each of the Democrats.

Democrats attributed their higher numbers to disillusionment with Republicans.

And while the Republican National Committee (RNC) is still beating the Democratic National Committee (DNC), the DNC has improved over 50% while the RNC has increased only 2%. (Thanks to Chris Bowers over at MyDD for the heads-up on this one.)

Democrats raised $86.3 million in the first half of this year, beating their total for the same period in 2003 by more than 50 percent. Republican fundraising increased slightly over the same nonelection-year periods.

Overall, the GOP still held a sizable fundraising edge, taking in $142.7 million from January to June of this year, according to Federal Election Commission figures released Thursday.

That total was 2 percent more than the party raised in the first half of 2003.

The financial reports covered the Republican and Democratic National Committees, plus party groups that raise money for House and Senate candidates, and state and local fundraising arms.

Republicans spent $98.1 million in the first half of the year, compared with $60.2 million for Democrats.

By midyear, Republicans had $72.5 million cash on hand and $800,000 in debts. Democrats reported $32.7 million cash on hand and $4.6 million in debts.

The RNC collected a record amount for a nonelection year, taking in $62 million, for a nearly 12 percent increase from the mid-2003 total. The DNC collected half that - $31.3 million - for a 66 percent increase from two years earlier.

So Democrats in the Senate are kicking ass, Democrats in the House are keeping pace, and Democrats overall are doing much better than last election, though still a bit behind.

There are two specific Democrats who've been doing some impressive fund-raising as well. I mentioned Hillary Clinton's impressive fund-raising in this post. But also, Paul Hackett, the Democratic candidate for the Ohio 2nd District special election being held on August 2, is raising some serious dough. Smarter people (link good for 1 week) than I say there is little chance he will win, but hopefully he'll do better-enough-than-expected to get some national attention.

It's early to start talking with too much confidence about what will happen in November 2006. But there are two things to pay attention to in this season: candidate recruitment and fundraising. The fundraising side looks better for Democrats than it has in years.

Spies Like Them

Ok, this post from dailykos may or may not be telling the complete story, but it sure is fascintating. Basically, the poster (Pen) tries to link together various news reports into a timeline of espionage to describe who the players were in putting information from forged documents about Saddam Hussein seeking uranium from Niger into Bush's State of the Union. It's kind of long, but interesting stuff. The most interesting part to me was the linking of the espionage to two stories I had heard before, but not in this context: the break-in to the Nigerian Embassy in Italy and Franklin, the guy who was arrested for passing secrets to Israel through AIPAC.

Gay Rights Abroad

Mostly good news to report:

The Greek and Italian opposition parties announced they support some gay partner rights despite the opposition of the Roman Catholic and Greek Orthodox churches.

Latvia's courts protects a gay pride parade from the evil Prime Minsiter.

And of course, Spain and Canada have legalized gay marriage.

But, then there is the bad news:

First, there is Poland where the Evil Wonder Twins are seeking to exploit the rampant homophobia there.

And, most disturbingly of all, in Iran, two teenagers were executed in a public hanging, simply for being gay. (Warning - the link contains graphic and disturbing images of the hanging.)

Thanks up there!

First, (via John Aravosis at AMERICABlog) there was this:

WASHINGTON (Reuters) - Dark chocolate can not only soothe your soul but can lower blood pressure too, researchers reported Monday.

The study, published by the American Heart Association joins a growing body of research that show compounds found in chocolate called flavonoids can help the blood vessels work more smoothly, perhaps reducing the risk of heart disease.

But, then this:

LOS ANGELES (Reuters) - Irish actor Colin Farrell has taken legal action to try to stop a 14-minute videotape of him having sex with a Playboy model from going public.

So, to recap: First, God tells me chocolate is health food. Then, God tells me there exists a Colin Farrell sex tape scandal waiting to escape into the media. If someone's trying to cheer me up after the Supreme Court news, it worked!

So it begins

Our descent into Family Research Council hell... John Roberts, partisan hack, is Bush's nominee. Meanwhile, Rove slithers off into the bushes...

Great Headline

Check out this CNN article for a clue about what will happen if a Republican with 100% Conservative rating becomes President. (Hint: It involves Mushrooms, Clouds, and Mecca.)

The Rove Poll

So the poll numbers came in for the first time since Cooper sang. They don't look good for Bush and Rove. From ABC News:

75 percent say Rove should lose his job if the investigation finds he leaked classified information. That includes sizable majorities of Republicans, independents and Democrats alike — 71, 74 and 83 percent, respectively.

And there isn't really a partisan divide here. As there shouldn't be. If someone leaked classified information, they should be fired. If that someone is Karl Rove, that someone should still be fired.

Despite this poll, which surely the Bush Administration had the political acumen to anticipate the result of, Bush today raised the bar for Rove's dismissal, saying: (emphasis mine)

"I would like this to end as quickly as possible so we know the facts and if someone committed a crime they will no longer work in my administration,"

I imagine this is a coded message from Rove saying:

You can have this Deputy White House Chief of Staff badge when you pry it from my cold dead hands.

Anyway, Charlie McCarthy can't fire Edgar Bergen. It just doesn't make sense. [Full Disclosure: I saw this joke on Buzzflash in this excellent editorial.]

Our Next Supreme Court Justice?

(Via Mike Tidmus)

Hillary's rolling in it.

Hillary Clinton is rolling in cash. Literally. Right now. She's rolling around in her pile of campaign money like a pig in the mud, squealing with delight, possibly suffocating in the smell of crisp, freshly-minted greenbacks.

With $6 million raised between April and June and over $12 million cash on hand, Hillary will very likely scare away any serious competition for her Senate seat in 2006. Then she'll distribute her money to poor and needy Democratic children... I mean... candidates for 2006, collecting nothing in return except soul-binding debts of eternal gratitude that can be redeemed only by 2008 presidential campaign endorsements. This is the way Presidents arise, ladies and gentleman. We are looking into our future and it is her.

Nixonian

This is truly Nixonian. Apparently the FBI is gathering data on civil rights and anti-war groups, including 1,173 pages on the ACLU and 2,383 pages on Greenpeace. I suppose there could be an innocuous explanation, like, oh I don't know, trying to stifle the critics of the Bush Administration, but it's probably just to keep tabs on the terrorists running those organizations.

Food-o-pedia!

A good friend of mine, Paul, has started a blog so he can review Austin restaurants. Check it out. If you live in Austin, and like food, that is.

Borf lives!

Alas, as it does for all great artists, tragedy has befallen the mysterious Washington grafitti-er Borf. A moment of silence please...

I'm not dead yet!

Rehnquist says he won't retire. While this is surely true, and good news for Democrats, it doesn't mean he won't change his mind in a couple years, or even a couple months. Of course, an old ailing judge can cling to his job until he dies in this country. So who knows? I still suspect he'll be replaced before 2008.

RNC Talking Points regarding Rove

Ok, so I don't know if Rove broke the law or not. But it seems to me that he shouldn't have leaked the identity of a CIA operative. The RNC talking points are silly. They are:

1. Democrats are politicians.
2. Joseph Wilson was a bad man, so therefore leaking CIA operative identities is ok.
3. Special Prosecutor Patrick Fitzgerald is responsible for Republicans inability to coherently defend Rove further.

Look, Rove is a hack. Everyone knows it. I find it very easy to believe that he recklessly disregarded national security for partisan gain. The RNC talking points are an octopus specifically designed to spew ink into the water and obscure the trouble Rove is in. But they seem weak to me. What the hell happened to the scary people from the 2004 election?

How not to play the game

"Never be more trouble than you're worth." This guy should have followed that advice. Hilarious.

Oops

Obviously, Rehnquist has not retired yet. Novak seems to have been mistaken about the imminentness of that bit of news. I still suspect he'll retire soon. He's old. He's been on the Supreme Court since Nixon. He's the "ailing Chief Justice" in over 700 news reports so far. Of course, I hope he stays on until after 2008. But I fear I hope in vain.

Would you give it back?

Seems the new Harry Potter book was leaked... 15 copies were sold in Canada, and the publisher wants them back. And in exchange?

"And in exchange, what we will do, is on July 16 at one minute past midnight, we will return their copies to them along with a signed autographed bookplate to be affixed in their book from J.K. Rowling, and some gift items as well."

They even obtained an injunction to prevent people who'd bought the book from revealing plot details. That's a media empire at work, there!

Leak Master Novak

First O'Connor. Now Rehnquist. According to Bob Novak (emphasis added):

Adding to the tension is word from court sources that ailing Chief Justice William Rehnquist also will announce his retirement before the week is over. That would enable Bush to play this game: Name one justice no less conservative than Rehnquist, and name Gonzales, whose past record suggests he would replicate retiring Justice Sandra Day O'Connor on abortion and possibly other social issues. Thus, the present ideological orientation of the court would be unchanged, which would suit the left just fine.

Well, the scenario put forward by Novak will probably look like this, according to the Conventional Wisdom. Alberto Gonzales to replace O'Connor. Justice Scalea elevated to Chief Justice, replacing Rehnquist, but leaving an opening for his own seat. And Michael Luttig to replace Justice Scalea.

Although Novak says this leaves the ideological orientation of the court unchanged, he ignores the fact that Gonzales has not been particularly forthcoming in explanations of his philosophy. He may be far more liberal or far more conservative than we guess. For that matter, justices change their ideological orientation over time. Byron White went from liberal when JFK appointed him to conservative pro-lifer at the end of his term. Anthony Kennedy has gotten somewhat more liberal, particularly on abortion and the death penalty, during his term. That's the effect of having lifetime appointments and no mandatory retirement age.

Most Dangerous Republicans

There are three in my mind. Here are signs one may be indicted. But I won't hold my breath. Powerful dangerous villains often know how to manipulate the rule of law to their benefit. It doesn't mean they shouldn't be Democrats' targets though.

No words

KY Governor's Enemies List

Apparently, Kentucky's Governor Ernie Fletcher kept an enemies list. In the list Democrats to be purged from the civil service. Some indictments were handed down, including an indictment of Fletcher's Deputy Chief of Staff, Dick "Heavens-to" Murgatroyd. That was pretty fast - Fletcher was only elected in 2003.

Republicans seem to be facing scandal after scandal this year. Let's see, there's Tom DeLay, Jack Abramoff, Randy "Duke" Cunningham, the Plame Leak, Ohio's Coingate, and now this. Of course, most of this is because of one-party rule in DC, Ohio, and Kentucky. But, barring a third party unexpectedly rising from the dust, partisan politics in America is a zero-sum game. If Democrats run against this corruption, it will only help them. In order to punish Republicans, voters must reward Democrats.

Will Congressional Democrats take advantage of all this? Looks like they may have decided to be collegial instead. Sad.

This was fun.

And educational.

Gonzo Torturo and the Fury of the Theocrats

James Dobson and his allies are furious that ambiguously conservative Alberto Gonzales may be picked to be on the Supreme Court instead of whoever they have picked out. Republicans are trying to rein them in. My personal guess, based solely on what's coming out the media, is that Bush wants his friend and attorney general, Alberto Gonzales, on the Court. He is either planning him for this vacancy or the coming Chief Justiceship vacancy. It's a matter of when, not if. As such, the President really doesn't want Gonzales trashed in the media by the theocrats.

Gonzales isn't really all that liberal anyway. He's occasionally labeled pro-choice, but I think it simply isn't known. I suspect he's probably a vote to limit abortion rights. His restrictive definition of torture fits right into the conservative philosophy that the executive branch should be able to do basically whatever it wants, unfettered by media, Congress, or the courts. But what it comes down to is that Gonzo Torturo is Bush's guy, not Dobson's. That's the issue here. It will be interesting to see who comes out on top.

I Can See My House From Here

If your PC meets their requirements, you should download Google Earth. It's awesome, yet simultaneously creepy. I wonder what the CIA thinks of having this tool in the hands of everyday people of any country. Here's a sample screenshot:

Dobson's Pet Moderate Puffed By NYT

From the New York Times (emphasis mine):

In nearly 25 years on the Senate Judiciary Committee, Senator Arlen Specter, Republican of Pennsylvania, has sat through nine Supreme Court confirmation hearings, some short and polite, some ugly and drawn out. Now that he is the chairman, he is prepared for the next one to go either way.

"I'm not going to anticipate a bruising battle," Mr. Specter said in an interview on Friday after Justice Sandra Day O'Connor announced her resignation, "but I'm not going to run from one either."

Although Mr. Specter may not anticipate a bruising battle, just about everyone else in Washington does, and the inevitable confirmation fight could be the defining moment in his long career. It comes as he faces a battle of a more personal sort, against Hodgkin's disease.

Perhaps more than any other senator, Mr. Specter will be the pivotal figure as he tries to manage his bitterly divided committee, his own uneasy relationship with the White House and the intense pressure that is already bearing down on him from both the left and right at a time when both sides are deeply suspicious of him.

As I wrote earlier, Specter seems to have been tamed by James Dobson back in November 2004 or so, during the uproar over his suggestion that Bush appoint judges who would uphold Roe v Wade. His decision to support the nuclear option, and to not sign on to the Gang-of-14 deal that ended the nuclear option debate show his reluctance to become a lightning rod for the theocrats again. If he's the pivotal figure in the upcoming Senate confirmation battle for O'Connor's replacement, I'm not so optimistic.

The Center of the Court

People for the American Way has a list of 5-4 decisions in which O'Connor's was the deciding vote.

Grutter v. Bollinger (2003) affirmed the right of state colleges and universities to use affirmative action in their admissions policies to increase educational opportunities for minorities and promote racial diversity on campus.

Alaska Department of Environmental Conservation v. EPA (2004) said the Environmental Protection Agency could step in and take action to reduce air pollution under the Clean Air Act when a state conservation agency fails to act.

Rush Prudential HMO, Inc. v. Moran (2002) upheld state laws giving people the right to a second doctor’s opinion if their HMOs tried to deny them treatment.

Hunt v. Cromartie (2001) which affirmed the right of state legislators to take race into account to secure minority voting rights in redistricting.

Tennessee v. Lane (2004) upheld the constitutionality of Title II of the Americans with Disabilities Act and required that courtrooms be physically accessible to the disabled.

Hibbs v. Winn (2004) subjected discriminatory and unconstitutional state tax laws to review by the federal judiciary.

Zadvydas v. Davis (2001) told the government it could not indefinitely detain an immigrant who was under final order of removal even if no other country would accept that person.

Brentwood Academy v. Tennessee Secondary School Athletic Association (2001) affirmed that civil rights laws apply to associations regulating interscholastic sports.

Lee v. Weisman (1992) continued the tradition of government neutrality toward religion, finding that government-sponsored prayer is unacceptable at graduations and other public school events.

Brown v. Legal Foundation of Washington (2003) maintained a key source of funding for legal assistance for the poor.

Morse v. Republican Party of Virginia (1996) said key anti-discrimination provisions of the Voting Rights Act apply to political conventions that choose party candidates.

Federal Election Commission v. Colorado Republican Federal Campaign Committee (2001) upheld laws that limit political party expenditures that are coordinated with a candidate and seek to evade campaign contribution limits.

McConnell v. Federal Election Commission (2003) upheld most of the landmark McCain-Feingold campaign finance law, including its ban on political parties’ use of unlimited soft money contributions.

Stenberg v. Carhart (2000) overturned a state ban on so-called partial birth abortion

McCreary County v. ACLU of Kentucky (2005) upheld the principle of government neutrality towards religion and ruled unconstitutional Ten Commandments displays in several courthouses

Jackson v. Birmingham Bd. Of Educ. (2005) ruled that federal law protects against retaliation against someone for complaining about illegal sex discrimination in federally assisted education programs.

O'Connor retires.

Justice Sandra Day O'Connor announced her retirement today. This is big news. She is the swing vote on a number of cases that are extremely important. Issues like race-based redistricting, the death penalty, affirmative action, and the separation of church and state. She is one of the 6 pro-choice judges. If she were replaced with a pro-lifer, Roe v Wade would be in the hands of Justice Stevens' doctor.

The two most important issues to me are the separation of church and state and gay rights. While she was not the swing vote on gay rights (Kennedy is), she was the swing vote on the separation of church and state. Witness the recent decisions regarding the Ten Commandments displays. A monument indoors is forbidden, but a monument outdoors is acceptable. This is classic O'Connor splitting the difference. Any appointee Bush picks will be worse than O'Connor on secularism.

This fight will be very hard for liberals. Republicans control the Senate, with a 5 seat majority. They were nearly able to break the rules and eliminate the filibuster using the nuclear option earlier this year. The pressure for them to try again will probably be irresistable. Even if the filibuster is preserved, it will be difficult for red state Democrats like Senator Nelson of Nebraska and Arkansas Senators Lincoln and Pryor to resist the pressure to vote for an extreme nominee. There will be less pressure on blue state Republicans because abortion rights groups are weaker than anti-abortion groups.

Moderate Republicans may be good when they vote directly on the issues. But when the issue is an appointee of the President and the President is a Republican, they tend to follow the party line. That is the primary reason I vote for Democrats for the Senate and Presidency, even over moderate Republicans.