There are certain court cases everyone schooled in America at least recognizes the names of: Marbury v. Madison, Plessy v. Ferguson, Brown v. Board of Education, and, most recently, Roe v. Wade. Even if you don't remember the particular details in these cases, chances are you'll at least have heard all of these names before. And we could be on the brink of another landmark case entering this pantheon of pivotal legal decisions: Perry v. Schwarzenegger. Yes, California's "Governator" may go down in history as being on the wrong side of this case (even though he personally supports overturning Proposition 8).

Read Complete Article »

Instead, I am amazed once again (even though I really shouldn't be by this point) at how adept Republicans and conservatives (but not hardcore Libertarians, I have to admit, who generally put their political philosophy above pandering to the public) are at suddenly throwing large parts of their core ideology over the side of the boat whenever something is happening (or about to happen) that they just don't agree with on a gut level. "Get the government off everyone's back!" very quickly becomes: "Get the government into your bedroom, your end-of-life decisions, or what chemicals you choose to ingest in the privacy of your own home -- and do it in a manner which we agree with!"

Read Complete Article »

Crack cocaine, it is widely known, causes irrational behavior. I speak not of irrational behavior among the drug's users, but rather among politicians. It has done so ever since crack appeared on the scene in America during the 1980s. Today it was announced that Congress has approved a bill (which will now head for President Obama's desk) which will scale back the worst of the irrational legislation which passed in the Reagan era. Somewhat. In true incrementalist fashion, Democrats have now made things slightly less unfair, but fell far short of actual fairness. It's as if, right after the Civil War, Congress announced that black people would now count as four-fifths of a person, instead of the previous three-fifths -- in other words, a step towards equality, but not exactly the giant leap of the Thirteenth and Fourteenth Amendments. Which makes it rather hard to praise such an effort, even though it does represent (some) progress.

Read Complete Article »

I have to apologize right away for that headline. But it is hard to resist the urge to use the "what have you been smoking?" joke when discussing California Attorney General Jerry Brown's recent comments on marijuana, since Brown is talking such patent nonsense.

Read Complete Article »

Obama, after gaining a bit in his average approval ratings in May, slipped back in June. But the reversal was slight, continuing a five-month streak of amazingly stable numbers. Since February, Obama's approval rating has stayed within one half of one percentage point, which is pretty remarkable. Unfortunately, this trend may be at an end, and his numbers may be headed even further downwards in July.

Read Complete Article »

A Supreme Court ruling just out may serve to blunt Republican criticism of Elena Kagan, who started her confirmation hearings today in the Senate. So far, Republicans haven't come up with much of any substance to attack Kagan on (although I admit, I haven't watched any of today's confirmation hearings yet), but they all pretty much agree upon one issue -- the fact that Kagan, as dean of the Harvard law school, upheld a school policy of barring military recruiters from campus due to the fact that the military discriminates against gays. But the ruling in Christian Legal Society v. Martinez seems to give the high court's imprimatur to universities not allowing groups that practice such discrimination on campus -- which Kagan can now point to in defense of her position.

Read Complete Article »

The Supreme Court recently ruled that the post-9/11 laws against "materially supporting" terrorist groups should be very broadly interpreted. Even counseling any group on the official list of terrorist organizations about peaceful topics is now to be considered "supporting terrorism." Which leads me to wonder what they'd say about actually paying a terrorist organization tens of millions of dollars.

Read Complete Article »

Our headline today quite obviously references the legislative progress this week on banning the military's "Don't Ask, Don't Tell" policy (of not allowing gay people to openly serve their country)... but we've got another asking-and-telling issue which we simply must deal with first, before we get to any of that.

Read Complete Article »

Rand Paul, who just clinched the Republican Party nomination for the Senate race in Kentucky, is apparently not quite ready for primetime. His recent remarks on the Civil Rights Act painfully show why being a politician is not as easy as some people think. The problem for Paul, son of Ron Paul, is that even if he somehow survives this flap, it is almost guaranteed that there are going to be plenty more of them during the campaign. Because both Pauls, father and son, are (at heart) libertarians. Which requires some explanation, because many folks have never come into contact with the concept of libertarianism.

Read Complete Article »

Pat Buchanan, in his usual less-than-charming manner, brought up a point last week about the religious diversity (or lack thereof) of the Supreme Court. Buchanan pointed out that, if Elena Kagan is confirmed to the highest court (as seems likely), there will be only two religions represented on the court -- Judaism and Catholicism. He further points out that the court will be one-third Jewish, when Jews account for only two percent of the American population. Now, aside from the highly amusing spectacle of right-wingers advocating some sort of quota system, I think there's a deeper point here than Buchanan's "pity the unrepresented Protestant majority" theme. Because, even though virtually no politician would ever admit it, there is indeed a widespread (but unacknowledged) religious bigotry in America.

Read Complete Article »