The Daily Parker

Politics, Weather, Photography, and the Dog

What to teach law students

UC Berkeley Law School dean Erwin Cemerinsky and UTA Law & Government professor Jeffrey Abramson try to keep a stiff upper lip when teaching in the shadow of the most partisan Supreme Court in a century:

For the first time in American history, the ideology of the justices precisely corresponds to the political party of the president who appointed them. All six conservatives were appointed by Republican presidents and all three liberals were appointed by Democratic presidents.

If students are to one day become effective litigators on constitutional rights, they will need to understand the ideologies of the justices interpreting the law. In the past, we certainly discussed the ideology of the justices with our students, but we must focus on it far more now as the ideological differences between the Republican-appointed justices and judges and those appointed by Democratic presidents are greater than they have ever been.

Second, we must remind students that there have been other bleak times in constitutional law when rights were contracted. From the 1890s until 1936, a conservative Supreme Court struck down over 200 progressive federal, state and local laws protecting workers and consumers. In the late 1940s and early 1950s, the court refused to stand up to the hysteria of McCarthyism. The current court will not last forever, though it may feel like that to them.

Third, we should direct focus on other avenues for change. Students need to look more to state courts and legislatures, at least in some parts of the country, as a way to advance liberty and equality. For instance, the Massachusetts Legislature passed a law known as the “Roe Act,” protecting a woman’s right to abortion under state law, no matter what the Supreme Court decides.

In case you didn't already notice it's 1890 all over again, I suppose. I also quibble with "For the first time in American history, the ideology of the justices precisely corresponds to the political party of the president who appointed them." I believe that was also the same situation in 1790, with the first Court appointed by Washington.

Fed up with all that

Three items:

  1. James Fallows reminds us that the US Senate filibuster "is a perversion of the Constitution," that "enables the very paralysis the founders were desperate to avoid," among other things. (He also links to an essay by former US Senator Al Franken (D-MN) about how cynical the filibuster has become.)
  2. Jacob Rosenberg brings together workers' own stories about how they got fed up, illustrating how "the big quit" happened.
  3. Canadian political scientist Thomas Homer-Dixon has had enough of the political disunion in the failing democracy to his south, and worries what that will mean to Canada.

On the hopeful side, though, we have the Webb Space Telescope gently nudging its mirrors into place at a rate of about 1 millimeter per day.

Hot time in the city, again

It turns out, 2021 wasn't the hottest on record for the planet, nor were the most records set, nor was Arctic sea ice at its lowest level, or rainfall at its highest. But 2021 was the 7th year of a 7-year run of the hottest years ever:

In 2021, global temperatures were between 1.1 and 1.2 degrees Celsius (2.2 degrees Fahrenheit) above the preindustrial average, according to new data from NASA, the National Oceanic and Atmospheric Administration and Berkeley Earth.

Despite a La Niña weather pattern in the Pacific Ocean, which tends to cool the planet, 2021 was roughly tied for sixth-hottest year ever observed, scientists say. All of the seven hottest years on record have happened in the last seven years.

The year 2021 was the seventh in a row in which global temperatures were more than 1 degree Celsius above the preindustrial average. It’s unlikely anyone alive will see the world’s temperature drop below that 1-degree benchmark again.

The United States endured at least 20 weather disasters costing $1 billion or more last year, the second most on record, NOAA announced this week. Hurricanes, wildfires, tornadoes and floods — almost all of them made worse by climate change — killed at least 688 people and caused at least $145 billion in damage.

I meant to post about this yesterday when I read it. After all, we stand a pretty good chance of having one of the 8 hottest years on record this year.

The sign of a dying culture

In his final novel, Friday (1986), Robert Heinlein spoke through an atavistic character to warn America of its impending doom:

Sick cultures show a complex of symptoms such as you have named...but a dying culture invariably exhibits personal rudeness. Bad manners. Lack of consideration for others in minor matters. A loss of politeness, of gentle manners, is more significant than is a riot. ... It is a bad sign when the people of a country stop identifying themselves with the country and start identifying with a group. A racial group. Or a religion. Or a language. Anything, as long as it isn't the whole population.

David Brooks spent his column today saying we've gotten to that point:

[S]omething darker and deeper seems to be happening as well — a long-term loss of solidarity, a long-term rise in estrangement and hostility. This is what it feels like to live in a society that is dissolving from the bottom up as much as from the top down.

Some of our poisons must be sociological — the fraying of the social fabric. Last year, Gallup had a report titled, “U.S. Church Membership Falls Below Majority for First Time.” In 2019, the Pew Research Center had a report, “U.S. Has World’s Highest Rate of Children Living in Single Parent Households.”

And some of the poisons must be cultural. In 2018, The Washington Post had a story headlined, “America Is a Nation of Narcissists, According to Two New Studies.”

But there must also be some spiritual or moral problem at the core of this. Over the past several years, and over a wide range of different behaviors, Americans have been acting in fewer pro-social and relational ways and in more antisocial and self-destructive ways.

Right on cue, the National Park Service reported that "Adrian, Ariel, Isaac and Norma" defaced a 3,000-year-old piece of indigenous rock art at Big Bend National Park in Texas just after Christmas. And author Alex McElroy says toxic masculinity has given way to "petulant masculinity," which she does not see as an improvement.

In other news, perhaps not as dire:

And apparently, I have to try some Paper Thin Pizza.

About as well as expected

NPR's Steve Inskeep worked for six years to land a 15-minute interview with the XPOTUS, and yet no one felt any shock or surprise when it ended abruptly:

Trump and his team have repeatedly declined interviews with NPR until Tuesday, when he called in from his home in Florida. It was scheduled for 15 minutes, but lasted just over nine.

After being pressed about his repeated lies about the 2020 presidential election, Trump abruptly ended the interview.

When pressed, it was excuse after excuse — it was "too early" to claim fraud, his attorney was no good, things just seem suspicious.

But it all comes back to the same place: He has no evidence of widespread fraud that caused him to lose the election.

The tone of the interview changed. Trump then hurried off the phone as he was starting to be asked about the attack on the Capitol, inspired by election lies.

Philip Bump rolls his eyes at "the eternal lure of reasoning with the irrational:"

Many or most of us like to consider ourselves rational, considering the evidence before us and reaching reasoned conclusions based on what we see. Presented with a refutation of a belief, we like to think, we would change our minds and acknowledge our errors. Ergo: Present Trump with refutations of his claims, and he’d crumble.

The problem, of course, is that this isn’t how it works. Humans are emotional more robustly than they are rational, and when a belief is rooted in emotion — desire, fear, anger — you can’t reason your way around it. Put succinctly, you can’t combat irrationality with reason.

This pattern repeated a few times. Inskeep would offer a rational, accurate, indisputable point about the election results, and Trump — uninterested in rationality or accuracy but very interested in disputes — would wave them away.

Why bother even trying to convince Trump of reality when it’s not going to make a dent?

The answer, I think, is in keeping with the spirit of this article. Emotionally, I and others in the media think it’s important to confront falsehoods with accurate information. Rationally, I know it won’t make a difference; rationally, I’m sure Steve Inskeep understood it was unlikely that Trump would suddenly cop to simply making things up. But the virtue of combating misinformation holds an appeal that rational consideration can’t uproot.

I refuse to believe that it’s unimportant to tell the emperor that he’s not wearing clothes, even if it doesn’t prompt him to put on pants.

I listened to the first few minutes of it this morning, and marveled at Inskeep's ability not to laugh in the XPOTUS's face. Inskeep, of course, is a professional, unlike the interviewee. And Bump has a good point: when arguing with a fantasist, there is no middle ground.

Winter in Chicago

The temperature bottomed out at -14.4°C around 1:30 am, and has climbed ever so slowly since then to -0.3°:

Will we get above freezing? The forecast says yes, any moment now. But the sun will set in about 5 minutes. Anyway, a guy can dream, right?

Meanwhile, Chicago's teachers and schools have agreed to let the kids back tomorrow, even as the mayor herself tested positive for Covid. And the Art Institute's workforce has formed a union, which will operate under AFSCME.

And that's not all:

And finally, just as no one could have predicted that more guns leads to more gun violence, the same people could not have predicted that the NFT craze would lead to NFT fraud.

Cold again

Today's temperatures have hovered around -9°C, with a forecast of bottoming out around -18°C tomorrow morning. But hey, at least the sun is out, right?

Meanwhile, in the rest of the world:

Finally, if you're looking to get away from it all, you might have to pass on the Isle of Rum off the coast of Scotland. Its population has almost doubled in the past couple of years, to 40.

Quick links

The temperature at Inner Drive Technology World Headquarters bottomed out at -16.5°C around 8am today, colder than any time since February 15th. It's up to -8.6°C now, with a forecast for continued wild gyrations over the next week (2°C tomorrow, -17°C on Monday, 3°C on Wednesday). Pity Cassie, who hasn't gotten nearly enough walks because of the cold, and won't next week as her day care shut down for the weekend due to sick staff.

Speaking of sick staff, New Republic asks a pointed question about the Chicago Public Schools: why should their teachers be responsible for making life normal again?

The Washinigton Post asks, what will people do with the millions of dogs they adopted when they (the people, not the dogs) go back to work?

The lawyers for Cyber Ninjas ask, who's going to pay their fees after the grift-based organization shut down abruptly?

And North Michigan Avenue asks, will any more pieces of the Hancock Center fall off the building?

And I ask, will Cassie ever let me sleep past 7am?

School's still out

The Chicago Public Schools and the Chicago Teachers Union keep butting heads, resulting in CPS closing the schools for another day tomorrow:

Chicago Public Schools and the teachers union have filed unfair labor charges against one another, with each side asking state officials to end the current dispute over in-person learning in their favor.

The latest escalation in the conflict over adequate COVID-19 safety measures in schools comes as CPS saw a new record number of coronavirus cases Tuesday — the last day of classes before the lack of agreement with the Chicago Teachers Union shut down schools districtwide for two days.

As CPS and the union continued their fight Thursday, Illinois reported another record-shattering day for new COVID-19 infections, with 44,089 new confirmed and probable cases reported statewide, with a record 7,098 people hospitalized with the virus overnight Wednesday.

The Mayor and CTU have been at loggerheads for most of her term. Naturally, the parents wish a pox on both their houses:

It’s not clear how long the impasse could last. The city filed an unfair labor practice complaint against the union, and officials are considering litigation to force teachers back to their classrooms if negotiations continue to stall, Mayor Lori Lightfoot said Wednesday.

Parents said they’re desperate for a resolution — and a stable learning environment for their kids.

Numerous parents said they scrambled to find last-minute child care Wednesday. The union did not announce its vote to go remote and CPS didn’t officially inform families there wouldn’t be classes until about 11 p.m. Tuesday.

Jennifer Jones, whose two teenagers attend large Northwest Side high schools, said she fully supports the union’s vote to go remote and she was disappointed CPS canceled classes. Jones said her sons are prepared to learn remotely and feel safer learning from home with cases spiking citywide and inconsistent mask-wearing at school.

“Given the ongoing pandemic, CPS should have been prepared for a switch to remote learning,” Jones said.

Josh Marshall sees similar fights brewing in other cities, and concludes that the people making decisions about schools aren't the ones affected:

There’s a deep conventional wisdom out there which has it that liberal Twitter and the broader Blue State commentariat is a hotbed of demands for school closures. The reality is almost diametrically opposed to this. From mid-2020 the country’s most esteemed and prestigious liberal/cosmopolitan publications, electronic broadcasts and university programs have been dominated by voices of highly educated, affluent and mostly white people demanding schools never close, even for brief periods, and almost always in the name of students from minority and/or marginalized communities.

But there is an upside down character to the image these demands create. In fact, during the pre-vaccine period, when significant sections of the country remained in remote leaning, it was precisely these communities which were most resistant to going back to in-person education. The blunt reality is that the staunchest voices against school closures of any sort for any duration are people with PhDs working from home.

And Chicago Mayor Lori Lightfoot's re-election chances took another hit today when former CPS CEO and US Education Secretary Arne Duncan made some noises about running against her.

The Paper Anniversary

In the US and UK, it's customary to give gifts of paper for the first anniversary. In that spirit, I say we give all the insurrectionists new subpoenas today.

President Biden marked the occasion with a speech excoriating his predecessor:

“The former president of the United States of America has created and spread a web of lies about the 2020 election,” Mr. Biden said, standing in the same National Statuary Hall invaded by throngs of Trump supporters a year ago. “He’s done so because he values power over principle, because he sees his own interests as more important than his country’s interests and America’s interests, and because his bruised ego matters more to him than our democracy or our Constitution. He can’t accept he lost.”

Political essayist Rebecca Solnit wonders why so many Republicans share the XPOTUS's delusions:

Hannah Arendt used the word “gullible” repeatedly in “The Origins of Totalitarianism,” published in 1951. “A mixture of gullibility and cynicism is prevalent in all ranks of totalitarian movements, and the higher the rank the more cynicism weighs down gullibility,” she wrote. That is, among those gulling the public, cynicism is a stronger force; among those being gulled, gullibility is, but the two are not so separate as they might seem.

Distinctions between believable and unbelievable, true and false, are not relevant for people who have found that taking up outrageous and disprovable ideas is instead an admission ticket to a community or an identity. Without the yoke of truthfulness around their necks, they can choose beliefs that flatter their worldview or justify their aggression. I sometimes think of this straying into fiction as a kind of libertarianism run amok — we used to say, “You’re entitled to your own opinions, but not your own facts.” Too many Americans now feel entitled to their own facts. In this too-free marketplace of ideas, they can select or reject ideas, facts or histories to match their goals, because meaning has become transactional.

A lot of conspiracy theories are organic or at least emerge from true believers on the margins when it comes to topics like extraterrestrials, but those at the top of conservative America have preached falsehoods that further the interest of elites, and those at the bottom have embraced them devoutly. Though when we talk about cults and conspiracies we usually look to more outlandish beliefs, climate denial and gun obsessions both fit this template.

Authoritarians don’t just want to control the government, the economy and the military. They want to control the truth. Truth has its own authority, an authority a strongman must defeat, at least in the minds of his followers, convincing them to abandon fact, the standards of verification, critical thinking and all the rest. Such people become a standing army awaiting their next command.

Author John Scalzi says, just wait for next time:

The GOP is officially done with the notion of democracy in the United States. Its only interest in it at this point is using its remaining functioning processes to shut it down. The GOP has no platform other than a Christianist White Supremacist Authoritarianism, no goal other than a corrupt oligarchy, and no plan for its supporters other than to keep them hyped up on fear and hatred of anyone who is a convenient target. The Republican party problem with the coup is not that it happened. It’s that it was so poorly planned and executed. Now they’ll have to attempt another one.

Which is coming! The GOP has already made it clear they have no intention of honoring another presidential election that might allow a Democrat into the White House. They are attempting all sorts of strategies to limit the ability of suspected non-Republicans to vote, to discount their vote if they still manage to do it, and to disrupt the certification of the vote if it doesn’t go the way they want it to. A Democrat winning is enough evidence of “voter fraud” for a Republican to attempt to gum up the works for as long as possible, to sow distrust in the system, and to pave the way for GOP Coup II, i.e., “We Didn’t Want To But Look What the Dirty Democrats Made Us Do.” This coup may or may not have an “armed citizen” component to it; as noted the GOP has gotten very good at using the processes of democracy against it. The Republicans would love a coup that they could punt up to a compliant Supreme Court, and that would probably not be a coup with shooting in it. But a coup it would be nevertheless.

A political party that can’t turn its back on a traitor who endangered even some of its own members should not be trusted. A political party that embraces that same traitor and doubles down on its allegiance to him should be reviled. A political party that has decided to abandon the constitution and the republic should be dismantled. Here in 2022, when the Republican party has clearly and unambiguously done all three, no person with any sense of moral character or loyalty to the republic should vote for the GOP, for any position, at any level, or support it in any way, but especially with money.

[H]ere’s a simple test: Substitute the words “Donald Trump” with “Hillary Clinton” and “Trump supporters” with “Clinton supporters” and then run January 6 through your memory banks. You good with a President Hillary Clinton encouraging her supporters to storm the Capitol to stop the certification of, say, President-Elect Donald Trump as the 46th president? Unless you are absolutely 100 percent lying to yourself — and you may be! — your answer here is “Hell, no.” And you would be correct. It’s treason, and any political party giving aid and comfort to such an act is beyond redemption.

So, one year out, where are the rest of the indictments?