Yeshiva University v. The LGBT Club, Victory for the 1A

October 6, 2022 // 2 Comments »

The Supreme Court is poised to grant a victory to religious conservatives via the First Amendment in blocking recognition of an LGBT club at Yeshiva University. Yeshiva is a Jewish law school which objects to the club on religious grounds. This is important news for other religious schools across America facing similar legal challenges.

Though the Court as an intermittent step referred the case back to the lower courts as Yeshiva University v. YU Pride Alliance, Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett made no bones in their dissent that they would stand with the 1A when the full case comes before the Supreme Court, as it is expected the lower courts will demand Yeshiva recognize and fund the club. The Court refused to hear the case on an expedited basis, ordering instead that it first exhaust options in other, lower courts. Alito, et al, objected to that 5-4 procedural decision and telegraphed their ultimate response via dissent once they get the full case.

The issue is simple: Yeshiva University wants to deny recognition of an LGBT club (YU Pride Alliance), claiming their foundational values as written in the Torah do not support that. The club claims it is being discriminated against, as other non-religious groups can form clubs. At issue is the 1A versus Title IX and other “human rights” laws.

Alito argues the courts have no right to use the power of the state to compel Yeshiva to host the club. “Does the First Amendment permit a State to force a Jewish school to instruct its students in accordance with an interpretation of the Torah that the school has concluded is incorrect? Surely ‘no.’” He rejects the idea religion is being used to support bigotry, and sticks with a conservative view of the 1A saying government should not impose itself on religion in this case. The court’s duty, wrote Alito, “is to stand up for the Constitution even when doing so is controversial.” Alito went further, stating “At least four of us are likely to vote to grant” review if the university loses on its First Amendment arguments on appeal, and Yeshiva will likely win if its case came before us. A State’s imposition of its own mandatory interpretation of scripture is a shocking development that calls out for review. The Free Exercise Clause protects the ability of religious schools to educate in accordance with their faith.” One progressive outlet called what many conservatives would consider a promise of future justice an “implicit threat.”

The balance between the 1A and Title IX (i.e., human rights, in this case New York law) has always been tricky. To protect religious freedom, the federal Department of Education has granted exemptions to 120 religious colleges and universities to practice their religious tenets, even when they conflict with protected LGBT and other “human rights.” The New York courts have held for schools like Yeshiva (a law school, not purely a religious training school or seminary) the 1A should cover only those parts of the school’s business which directly constitute religious acts, and allow secular law to cover the secular part of the school. Specifically, New York said Yeshiva violated New York City’s human rights law. That law prohibits “public accommodations” – places that are open to the public – from discriminating based on sexual orientation and gender identity. Despite its Jewish orientation, Yeshiva admits students of any religion, the “public” part. Yeshiva came to the Supreme Court, calling the ruling an “unprecedented intrusion into church autonomy.”

In siding with Yeshiva, Alito is also going after bigger fish, looking to weaken or overturn Employment Division v. Smith. In that case the Supreme Court held that religious objectors typically must follow all “neutral laws of general applicability” (though racial discrimination is still prohibited.)  Alito claims that New York’s human rights law is not neutral or generally applicable because it does not apply to “benevolent orders,” i.e., “any club which proves that it is in its nature distinctly private.”

Carveouts from civil rights laws for private clubs are common. The federal law banning businesses that offer their services to the public from engaging in many forms of discrimination (bakers who refuse to make cakes for gay couples, for example) exempts “a private club or other establishment not in fact open to the public.” It is likely the First Amendment, which grants rights of free association to membership organizations that do not apply to public businesses, forbids states from enacting anti-discrimination laws that require genuinely private clubs to accept members they do not want to accept.

Alito, in other words, is saying in his dissent if a state enacts an anti-discrimination law that exempts private clubs, then it must also exempt religious objectors from that law. In practice, that means Alito would give all religious objectors fairly sweeping exemptions from huge swaths of anti-discrimination law, including those at Yeshiva University who object to an LGBT club on campus. Weakening Employment Division v. Smith would open the door wider for private religious schools to decide which organizations they wished to recognize without having to apply to the federal Department of Education for an exemption. It would be a victory for the First Amendment, and a victory for religious rights over “human rights.”

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Democracy

BLM License Plate Rocks Hawaii

September 20, 2022 // 4 Comments »

If politics makes strange bedfellows, defending free speech sends one down some equally odd paths. The 1A and laws protecting speech exist for every thing that can be said, but end up being tested at the margins of what society tolerates in the name of free speech. A recent case in Hawaii, involving a car license plate, is a perfect example.

Like most states, Hawaii issues specialty/vanity license plates where the owner can chose his own letters or numbers. The only restrictions are the letters/numbers not be “misleading” or “publicly objectionable.” Otherwise pick your combination, pay the fee, and you have your unique license plate, such as LUV YOU. That was the plan of Edward Odquina, who runs a web site named www.fckblm.org in support of his media business that shares those same initials, Film Consulting Krav Maga BLooMberg. Odquina also elsewhere on his site claims the initials stand for Fight Communism & Knuckleheads Bitch Liberal Marxists. He also does not care much for the Black Lives Matter movement. He applied for, and was issued in 2021, a FCKBLM car license plate which he displays on his vehicle alongside a Trump 2024 placard and other patriotic insignia.

At some point the state of Hawaii claims it received unspecified “complaints,” and Odquina was ordered to surrender the plate. He refused. Until he does give in, he cannot renew his car registration and is subject to citation and seizure of his vehicle. Odquina filed a lawsuit against the county and its attorney general, claiming they infringed on his First Amendment right to free expression.

Specifically, the 23 page lawsuit claims Hawaiian authorities failed to define the terms “misleading” or “publicly objectionable.” He further holds that his application for FCKBLM was approved and the plate was issued, and that the law includes nothing in it to allow that decision to be re-reviewed if “complaints” are received even though a complaint phone line exists.

The core of the suit focuses on the Hawaii statute restricting messages allowed on personalized plates as being overly broad (a “void for vagueness” says the filing), and that the state, city, and county have all failed to adopt administrative rules to define such terms and create a process for making determinations. Instead, the suit says, the city and state have created a process allowing bureaucrats to make the determinations based on their individual and personal opinions with no recourse or remedy. The suit asks the court for an order to prevent the government officials from enforcing a ban on “misleading or publicly objectionable” license plates until new rules and procedures can be created.

“He wants to be able to express himself, which is what the statute allows, the statute allows that you can pick any six letters, up to six letters, and any combination that you want to convey a message,” said Odquina’s attorney Kevin O’Grady. O’Grady says his client disagrees with Black Lives Matter’s positions and is also using the license plate to promote his business. At issue is viewpoint (content) discrimination, when a state offers a venue, such as specialty license plates, for some groups to convey their messages, but does not permit others like Odquina to express their views. Presumably Hawaii would not object to YEA BLM.

Odquina has precedent on his side when it comes to courts striking down state and local government restrictions on laws banning offensive license plates. In 2020, a federal judge struck down a similar law to Hawaii’s in California after it was challenged by people who had been denied requests for plates.

The California case shows that that state has a much more extensive and well defined list of things that it considers misleading or objectionable compared to Hawaii, including terms with sexual connotations, of lust or depravity, or vulgar terms, a term of contempt, prejudice, or hostility, an insulting or degrading term, a racially or ethnically degrading term or is a swear word or term considered profane, obscene, or repulsive, or has a negative connotation to a specific group, misrepresents a law enforcement entity or is a vulgar foreign or slang word. The California law goes on to specify procedures for adjudicating all that, including use of the Urban Dictionary and lists of gang symbols, and for how a plate may be taken back after issuance.

Yet despite its bureaucratic thoroughness compared to Hawaii’s almost haiku-like rendering of the same intent, California lost its case. In ruling against the state, the District Court judge wrote the Supreme Court has repeatedly held “the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers.” The plaintiffs were allowed to keep their plates OGWOOLF, SLAAYRR and QUEER. BO11LUX was still rejected because the configuration “has a discernable sexual connotation or may be construed to be of a sexual nature.”

The issue is ripe for another pass by the Supreme Court. A New Hampshire court ruled in 2014 that the state couldn’t ban a plate that read COPS LIE. A Rhode Island judge ruled that a motorist had the right to display a license plate that read FKGAS.  But Texas was able to bar FU COVID, NOPENIS, and CNN LIES from its vanity license plates. Then again, Maine allowed KISMYAS.

The critical finding in the California case is that license plates are to be consider private speech, a statement by the user protected by the 1A, and not an expression of government, even though they are technically government property. The court held that the government by making vanity plates available for sale gave citizens the right to consider what they say as private expression of opinion or support. The court said any restrictions on that expression must be both viewpoint neutral and reasonable. This is in contrast to the Supreme Court, which held specialty license plates are government speech, immune from First Amendment challenges, thus setting up one of the principle legal tussles Hawaii and Odquina will enjoin — whose speech is it, his or the government’s? Odquina meanwhile continues to drive around town expressing himself.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Democracy

Negotiations Continue on Guns and Abortions

August 1, 2022 // 1 Comment »

We don’t really negotiate much in the U.S. and so we’re bad at it. Even when we are forced to “haggle,” we employ rituals, like the salesperson at a used car dealership “checking with his manager” on our offers, or the dance between real estate agents that goes along with buying a house. Car offers come back from the mysterious manager as impossible, and offers on a house are just refused, no chance to talk because two layers of agents stand in the way. That’s why we cannot find any common ground on abortion and gun control. We do not know how to be reasonable.

The American style of negotiating is to demand everything and settle for nothing less. So we’re taught to make our first offer the final offer (it works a little different when the issue is simply money, then we ask for an outrageous amount and “bargain down” after the other side offers an equally outrageous small amount. Starting anywhere near your actual price is considered a sign of weakness.) We don’t like gray areas and we don’t like to feel we’ve lost out on something. So being asked to support something on its face reasonable like allowing two people in love living together in a home they co-own to marry means buying into a whole LGBTQIA2+ agenda that somehow includes forcing kids to listen to drag queens read stories aloud about sexually ambitious caterpillars and their same-sex tadpole pals. Seeking restrictions on abortion ends up cruelly forcing rape and incest victims to carry to term.

We do the same thing in broader swathes, when reporters who misuse pronouns or support the Harry Potter author are not just sidelined or argued with, but canceled, deleted, defunded, disenfranchised, literally thrown down the memory hole to just take their opinion and go away, leaving only your opinion standing. The presumption is even on the most ideological of arguments there is a clear right and wrong only. We have evolved speech to match this mindset, things like “my way or the highway,” “all or nothing,” and “in or out.”

Back in the day when I worked for the State Department every summer embassies abroad had to ask for funding for summer hires to help us catch up on clerical work. There was only so much money around and not everyone could get all they wanted. At first I did what was standard, ask for ten people knowing I only needed five, with all sorts of silly justifications I had to eventually walk back. One year I played it different. I wrote in detail what five people would do, what would not get done with only four, and why six would be a waste of personnel. That year and the ones that followed were the easiest ever; Washington and I jumped right to the meat of the problem and nobody was forced to belittle the other on the road to negotiating a compromise.

That’s what did not happen recently in overturning Roe v. Wade. Though Roe was poor jurisprudence and Constitutionally hilarious, it was the product of negotiation. First trimester abortions were basically allowed, second term were generally allowed, and third was more or less up to the states.  Roe produced a workable solution to a very complex problem, uniquely American as it combined religious, moral, and Red and Blue thought into what was often falsely presented as a binary decision — abortion was legal or not. The compromises in Roe were far from perfect or widely accepted, simply the output of a beleaguered Court willing to talk about something the rest of America would not.

The problem was Roe’s supporters and opponents almost from day one set about trying to take a compromise solution and make it an absolute. States latched on to their freedom to dictate third semester rules by gleefully promoting gory end term abortions where a viable baby was aborted. There can be good medical reasons to consider this, but the issue was not presented that way, it was “a woman’s right.” Same on the other side. Clever legal tricks were deployed so that, sure, you can get a first trimester abortion, only not where clinic regulations and hospital affiliations were manipulated to make it near impossible to meet the standards. As was intended. No one was going to sit back and allow compromise to stand.

The Court itself is not immune; in combination with the gutting of Roe (another all or nothing type decision) Judge Clarence Thomas opened the door to ending Federal law allowing for same sex marriage. If you can’t have all the rights you should have none of them he seems to be saying to the Left. Specifically, Thomas was threatening Griswold v. Connecticut, a 1965 decision that declared married couples had a right to contraception; Lawrence v. Texas, a 2003 case invalidating sodomy laws and making same-sex sexual activity legal across the country; and Obergefell v. Hodges, the 2015 case establishing the right of gay couples to marry. How again are those directly related to the hyper-complex issue of abortion?

More importantly, has anything changed in society that requires a new look, something gone amiss? No, the only thing that has changed is a different side now holds a majority on the Court and wants to run with it. They have no more interest in compromise than the demonstrators massing around Justices’ homes in hopes of harassing them into compliance with the mob, or AOC on TV screaming people are going to die.

Same for gun control, the other recent Supreme Court decision. In New York State Rifle v. Bruen, the Supreme Court again swung widely. The existing law, basically saying the right to bear arms in the 2A did not automatically mean a right to openly carry arms in public, had been misused by anti-gun states. In Hawaii, for example, every single open carry permit had to be approved personally by the chief of police. Multiple chiefs over a period of recent years found no reason to approve even a single permit and in the past 22 years there have been four open carry permits issued in Hawaii; all or nothing, as if somehow not one applicant in recent memory was capable of safely openly carrying a weapon. So the response from the now-conservative Supreme Court was to do away with provisions governing carrying a weapon. The counter-response from those states who are anti-gun, such as Hawaii, is to promise to jerry-rig their laws with outrageous training requirements or exorbitant fees to somehow get around the Court’s perceived free-for-all, and to cite recent mass shootings (which had nothing to do with handguns or open carry laws) as fear-inducing excuses. Nobody sees any of the middle ground of reality.

And that is why the Supreme Court’s rulings on abortion and gun carry law resolve nothing. In the extreme progressives will simply wait it out until it is 1973 again, and the Court will have turned over to a more liberal group of jurists who will reinstate black to replace white or vice-versa. The real answer on abortion, a rough and robust debate in Congress followed by a set of compromises, or an equally rough and robust debate at the state level, will never come. Americans are not very good at negotiating and so usually pay more at the car dealer than they should. The same problems plagues us on much more serious issues regarding abortion and the Second Amendment and that ends up costing us a lot more.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Democracy

Democracy is Doing OK

July 25, 2022 // 1 Comment »

It was the July 4 holiday which brought out the worst of it, those claiming our democracy is in danger, failing, or in some cases, failed. But the holiday was just an excuse for our daily dose of doom. The blight of articles followed a familiar path, starting with some event (January 6 was the clear leader) and explaining how it was the start of fascism, comparing it one of the few historical examples allowed quotable by progressives, usually something to do with the Reichstag, and then growing that image to say, Trump standing over Lady Liberty, that kinda grin on his face.

Actually, our democracy is doing just fine. Things are working more or less exactly as they are supposed to.

The runner up to January 6 as the last gasp of democracy is the recent set of Supreme Court decisions. Centerpiece is the overturning of Roe v. Wade, a sign of democratic failing because it fully strips women of their rights and shows the Court has no respect of precedent and could overturn anything. Usually this means the end of same-sex marriage as another Democratic emote-o-point, but in some screeds reaches as far as banning inter-racial marriages and contraception. Any day now!

Slow down, kids. If you go too fast you’ll miss the scenery, in this case things working about normal. Perhaps it is necessary to remind our “democracy” is sort of like sharing crayons in kindergarten, sometimes you have to use the yucky brown one and let the other kids use the preferred red and orange. Progressives, with a lock hold on the Supreme Court for many decades, never mind the media, advertising, entertainment, and academia, grew too used to getting their way, too used to defining democracy as “expansion of rights that I favor and shrinking of those you favor.” So expanding the Bill of Rights automatically meant ignoring the Second Amendment and dilating the 14th to loop in abortions. It was easy to see it all as progress when for the most part it was just you always getting more of what you wanted.

But a real democracy shares nicely, and as voting patterns (remember when Ohio used to be a well-contested purple state? Florida always up for grabs? John King zooming the CNN Magic Map practically into voters’ backyards?) and national moods change so does the makeup and decisions of the Court. Remember back in 1896 when the Court decided in Plessy v. Ferguson separate rail cars for whites and blacks were equal enough as required by the 14th Amendment, that race was constitutionally a way to judge people? The upshot was constitutional sanction to laws known as Jim Crow (the name comes from a popular minstrel character of the time) designed to maintain racial segregation by means of separate public facilities and services.

Then in 1954’s Brown v. Board of Education the Court ignored a whopper of stare decisis and ended separate but equal as an unjust albeit long-held societal standard. Race was not constitutionally a way to judge people. Nobody is keeping score but it was 59 years of separate but equal, and 49 of Roe. People said a lot of things in 1954 when the Brown decision was handed down, but it is hard to find a genre of “end of democracy.” Indeed, enforcing Brown, even to the point of deploying Federal troops to do so under the Insurrection Act everyone was afraid of on January 6, is often cited as a high point of democracy. WHen tested, the system worked.

January 6 should be a semi-holiday, like 9/11, something worth noting every year as an example of democracy working exactly as intended. Let’s look for the undemocratic element: 1) American holds an election and not everyone agrees who won (nothing new, where do you think all those complex presidential election rules came from but past instances of disagreement?) 2) Lawful protests take place at the Capitol; 3) When a minority of protestors start trespassing, law enforcement steps in and after one terrible fatality on the ground in Ashli Babbitt, the crowd disassembles. 4) Delayed a bit, the Vice President ignores any background noise and simply carries out his Constitutional duty in the ceremonial certification of electors selected earlier. With the possible exception of the cops gunning down the unarmed Babbit, everyone did their duty, and another peaceful transfer of power took place. No tanks on the White House lawn.

To create the same climate of fear progressives more or less successful maintained during the four years of the Trump administration without blaming Joe Biden for some of the highest inflation and gas prices, and lowest stock vitality in years takes some clever word play. It exists in abundance. The Supreme Court judges (the bad ones!) become right wing extremists, not jurists. Their decision on Dobbs is based somehow on only rights that existed in 1868, and so forth. Taking away the EPA’s unilateral power to make climate change rules without full and open debate and returning that authority to Congress is somehow twisted to be both undemocratic and a sign of the apocalypse. Even Left Wing Extremist Sotomayor (exaggeration is fun!) wrote of Dobbs that the majority decision “undermines the court’s legitimacy” as if such a thing happening in a democracy — the majority carrying the day — was something extraordinary and particularly rare in its evil. But just saying things are true does not make them so.

Of course George Soros had to weigh in since we’re talking about the threat to our democracy. “There is only one way to rein in the Supreme Court: throw the Republican Party out of office in a landslide. That would allow Congress to protect through legislation the rights that had been entrusted to the protection of the Supreme Court. It is now clear that doing so was a big mistake. Congress must act.”

Now we’ll leave aside the part about Congress not acting on abortion, same sex marriage, inter-racial marriage, contraception, the EPA, and a lot of other supposed threats to democracy for decades, including when Democrats held majority power in both houses, the Court, and the Executive.

But Soros still sees a problem: “When it comes to organizing a landslide victory against the radicalized Republicans, opponents face almost insuperable obstacles. Republicans have not only stacked the Supreme Court and many lower courts with extremist judges. In states such as Florida, Georgia, and Texas, they have enacted a raft of laws that make voting very difficult.”

We’ll take Texas as an example. You can register to vote there online, which does not seem too hard given anyone who can borrow a cell phone and do it from a parking lot. You do have to present one of seven forms of ID to register and to vote, including a drivers license, a handgun permit, military ID, or others. You can’t have a decent adult night out without one of those, and several are issued by the Federal government well outside the hands of racist old Texas. In certain circumstances a utility bill or a cashed check can suffice. Not clear what’s so hard; 17 million people in Texas are registered so far, which sounds like alotta democracy is working just fine. Now, showing the same photo ID (and a vax card) just to sit down and eat a burger, that has some undemocratic overtones to it…

Soros aside, no one clings to the “democracy is dying” meme like a convert named Max Boot. Covering the gloom beat for WaPo, Boot warns “we’re in danger of losing our democracy.” He is stirred by Americans coming together to support Ukraine’s “fight for freedom” (better there then on the beaches of Santa Monica, eh Max?) “But it is dismaying,” he writes, “to see that there is no similar consensus on defending democracy at home.” The solution is simple, vote for Democratic candidates only, even if you don’t agree with them, because what could be more democratic then being told who to vote for and asked to not think about your choice. “Panic,” Max writes, “…is sometimes warranted.”

Boot supports one of the most undemocratic things possible, to demand the end of democratic institutions when their call has not gone your way. Don’t like Dobbs? Support packing the Supreme Court (what happens when Republicans regain power and re-pack it?) Don’t care for the electoral system? Demand the Constitution be damned and the popular vote given precedence. Max Boot, again, declares with the straight face of someone who must have failed eight grade civics class “There is no justice in a political system that gives Republicans six of nine Supreme Court seats even though a Republican has won the popular vote for president only once in the past 30 years. So, too, there is something deeply amiss with a Senate that gives California (population 39.3 million) the same number of seats as Wyoming (population 581,348).” “The Founders never envisioned such an imbalance between power and population,” wrote Boot in a multi-Pulitzer-winning newspaper.

Um, they actually did. It was the Founders who created our proportional representation system precisely to balance the power of big states and small ones.

Keep in mind there is a reason progressives are trying to keep people in a state of fear. Fearful people are easy to manipulate; you need only scare them to the point where they demand relief, and then provide them the way out as the final solution. A standard trick of any demagogue. “Democrats need to lean into the politics of fear,” says the NYT. So it is a natural extension of “Trump is Putin’s boy” to “let’s have a war against Putin.” Or from “some states ban abortion” to “next is a national abortion ban enacted by a Republican Congress.” Historically fear has driven any number of crusades and Crusades. The solution of course is not to be drawn in, to stop and ask yourself if something is true (“it’s hard to vote in Texas”) and react out of intellect and not emotion. Heck, if half of Germany would have thought through the Reichstag fire and not bought into fear mongering, George Soros, et al, would need a whole new go-to bad guy as they try and pre-defeat Trump in 2024.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Democracy

Who is to Blame if Roe is Overturned?

May 13, 2022 // 2 Comments »

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Democracy

Ginnie Thomas and the January 6 Committee

April 9, 2022 // 1 Comment »

In one of the most desperate moves since January 6, 2021, the Select Committee to Investigate the January 6th Attack on the United States Capitol is considering subpoenaing Ginni Thomas, wife of Clarence Thomas, to review a handful of texts she sent which the Committee feels may amount to treason. The connection is weak, along the lines of evidence that Trump was the one who actually slapped Chris Rock, but the need to come up with a new crisis to revive attention to the events of January 6 post-Ukraine is real.

The genesis of this “crisis” begins in the Hail Mary plans to use the January 6 Committee to rescue Democrats from near-certain electoral defeat. Though Ginni Thomas’ conservative roots go back to the Heritage Foundation and the Tea Party, it was left to Democratic journo-operative Bob Woodward late last month to highlight a series of texts Ginni sent on January 6 to Trump Chief of Staff Mark Meadows. The texts had been voluntarily turned over to the January 6 Committee by Meadows (who has since ceased cooperating.) Someone on the Committee leaked the texts and a not so spontaneous chorus of Dems, lead in part by straining-for-relevance AOC, erupted calling for Clarence to recuse himself from all cases dealing with the 2020 and 2024 elections, or resign, or face impeachment.

The texts are online. Read them if you like, but they come no closer to treason than this article, even though one progressive magazine calls Ginni a threat to the Court itself. Ginni has long been the target of conspiracy theorists, who falsely accused her of busing in protesters on January 6 to bolster the Capitol assault force.

In case you are unfamiliar with the events of January 6, a bunch of disgruntled Trump supporters turned a legal rally into illegal entry. MSM and Dems reimagined the entire day into some sort of attempted coup. Absolutely nothing could have happened on January 6 that would have resulted in some new form of government on January 7 and that is what a coup is and why what happened was not one and never will be no matter how many times the January 6 Committee tries to claim it was.

So how did all this end up in Clarence Thomas’ lap? Dems claim almost two years after Ginni sent those texts and after Thomas has sat on the bench for 30 years and after the pair has also been married for three decades, that this month Mrs. Thomas’ politics may influence her husband’s decisions. The solution is for Mr. Thomas to resign, or recuse, or be impeached while his wife is dragged before the Committee as an example of the vast conspiracy behind what did not happen on January 6.

Thomas and Ginni are far from unique; often modern women have jobs outside the home. And we’ll leave aside the many Washington journalists married to policy makers (Alan Greenspan and Andrea Mitchell) people on different sides of the aisle cohabitating (James Carville and Mary Matalin) and others (Mitch McConnell and Elaine Chao.) There are also those other political wives with agendas of their own, including Michelle Obama, Elizabeth Dole, and Hillary. If you work inside the DC bubble you are going to meet others who also do, and navigating the idea that politics makes strange bedfellows is part of life in the capital.

Nonetheless, looking to stock the witness list for the January 6 Committee, this seems to be all the Dems have to work with, so 1950 it is! Of course it makes no sense, this idea that a wife cannot be in the same general business as her hubby, especially to a Democratic constituency  built around the idea of empowering women, pink hats, and all that. But the flexibility of Democratic supporters on such matters is exemplary — look at how a group who otherwise stands for LGBT rights can’t seem to get its fill of Trump-Putin homophobia.

Nonetheless, in the interest of showing as completely as possible how shallow the Dems are on Ginni-gate, let’s look at the law and precedent. Supreme Court justices enjoy uniquely protected status, and are not subject to disqualification from decisions over their own activities that bear directly on cases, never mind those of their spouse. Justice Kagan, for example, voted in favor of Obamacare despite having helped create the legal strategy to defend it as solicitor general. Justice Breyer ruled on constitutionality of sentencing guidelines he helped write as a Congressional staffer. Justices Louis Brandeis, Thurgood Marshall, Abe Fortas, and Hugo Black had politically active wives. Ruth Bader Ginsburg did not recuse herself from cases involving her husband’s law firm.

Outside of the Supreme Court, DC Circuit Judge Nina Pillard is married to the ACLU’s litigation director. Ninth Circuit Judge Stephen Reinhardt’s wife leads an ACLU chapter. Even those instances did not violate 28 USC Section 455, the law which covers judicial recusals. You get the picture — there is no marriage penalty. Yet a prominent New York University law professor still writes with a straight face “Ginni Thomas alone among the husbands and wives of the justices has shown utter disregard for the harm she inflicts on the court and the administration of justice in the service of her political goals.”

I know how Clarence Thomas must feel. I joined the State Department not long after it had phased out including diplomats’ wives on performance evaluations. The generations before me spoke in a funny/not funny way about how their bosses kept track of how many teas their wives attended, who did the “right” kinds of charity work, and who was too “ethnic” to fit in. Either your wife tried played nicely or she sat on the sidelines and your own evaluation mentioned she was a none participant. That was generally thought of as better than a bad evaluation of her finger sandwiches.

That all seems so long ago. To watch the Democrats try and drag Ginni Thomas back into the 1950s for their own partisan purposes is as funny as it is sad. One wonders what scoop Bob Woodward might uncover next — are Ginni Thomas’ cucumber sandwiches really served with the crust still on?!?

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Democracy

Education in Fairfax, Virginia Vies for the Darwin Award

February 26, 2022 // 2 Comments »

Fairfax County, Virginia is ground zero for wokeness. It is 65 percent white and votes solidly Democratic. The median income is over $124k. I used to live there; it was common to hear white people brag about having black friends (but at work you know, not the kind that come over to the house) and worry about whatever the issue-of-the-week is as promoted by NPR. Hell, with the county’s proximity to Washington, DC, a lot of people there work for NPR.

The jewel in Fairfax’s public school system is Thomas Jefferson High School for Science and Technology, known to all simply as TJ. TJ is widely considered the best high school in the country for STEM, and serves as a steady feeder into top universities. It would not be exaggeration to say TJ is a critical part of America staying ahead of other national economies. It’s a big deal, and it worked well until about a year ago based on the fact that the only way in was to pass a very competitive entrance exam. Kids would start studying in elementary school if their goal was TJ ten years later. Entry into TJ meant you were a smart kid with the discipline to put in the hard hours with no guarantee of success, a perfect definition of those who would also go on to succeed at Harvard.

The problem was with the danged Asians. As many as 73 percent of students offered admission to Thomas Jefferson High School were Asian. That drew criticism from people who felt black and Hispanic students were underrepresented. Typically only about two percent of the TJ students were black. The answer was a) to improve all middle schools in the area so they better prepare their kids to enter TJ; b) offer all students rigorous after-school programs to prepare for TJ c) or just lower TJ’s admission criteria to balance out the races.

Yeah, they did C. The crazy-hard entrance exam was dropped, the $100 application fee was dropped, and both were replaced by “A holistic review will be done of students whose applications demonstrate enhanced merit… Students will be evaluated on their grade point average; a student portrait sheet where they will be asked to demonstrate Portrait of a Graduate attributes and 21st century skills; a problem-solving essay; and experience factors, including students who are economically disadvantaged, English language learners, special education students, or students who are currently attending underrepresented middle schools.”

Catch that last part? Experience factors? That basically opened the door to one of the criteria being “whatever we say this all means.” The result at TJ was a drop of more than 11 percent in the number of Asians, and double-digit growth on the part of blacks and Hispanics, achieved by making being poor a criteria for acceptance. No matter white students account for only 22 percent of admissions, despite being 65 percent of the county population. This was done despite 85 percent of voters opposing race as an admission criteria; this is mirrored nationally, where 73 percent of Americans said colleges and universities should not consider race in admissions decisions.

But is it… racism? Seems so. One school board member texted another “I mean there has been an anti-Asian feel underlying some of this, hate to say it lol,” according to correspondence obtained by non-profit Parents Defending Education. In another exchange, Thomas Jefferson’s admissions director asked a school district official if she could “provide us a review of our current weighting (of experience factors) and whether or not this would be enough to level the playing field for our historically underrepresented groups.” She replied “My gut says that you may need to double all the points so the applicants can receive up to 200 points overall for these experience factors.” Another school board member wrote we “screwed up TJ and the Asians hate us” to which another responded he was “just dumb and too white” to address the diversity deficit in properly.

The school went further. There will now be three different “pathways” for admissions each year: the first for 350 high-performing students, the second for 100 students judged on a combination of half academic merit and half external factors, and 50 underrepresented students. Some people in town call them the Yellow, Brown, and Black lanes.

We’ve gotten so twisted in thinking America is shackled by systemic racism that we created a system of education admissions itself built on a foundation of systemic racism. We somehow think racially gerrymandering schools is a solution. We ignore John Roberts dictum “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” Why are we hell-bent on self-harm by sacrificing our education system on layers of false progressive assumptions?

The first false assumption is access to learning equals learning. A student has to be prepared intellectually to succeed, or he fails, or the institution is forced to dumb down to accommodate him. Progressive education thought is to publicly disavow what we all know to be true in private, that some students are just smarter than others. We are absolutely not all alike. Imagine if colleges chose who’ll play on their football teams based not on athletic skill but racial quotas. Who knew education was only skin deep, and the football team more intellectually honest than the philosophy department?

The next false assumption is the magic number; XX percent of the population is black so XX percent of the student body should be black. If it is not, de facto some form of systemic racism is wished into being to blame. This typically focuses on the admissions process (to include testing, like the SAT) and thus the answer is to scrap every part of the admissions process that seems to rub against that XX percent. You don’t have to show question 27 on the SAT is itself “racist,” only that the SAT results won’t get XX percent of black kids into Harvard and must ipso facto be racist. So, let more black kids into Harvard by eliminating the SAT and that will result in more black doctors and lawyers and a more just society. Problem solved.

Well, sort of. There still is that issue of getting admitted to Harvard is not the same as graduating from Harvard; you have to be able to understand the classes and put in the hard work of studying, that ultimate form of delayed gratification. And Harvard only has so much space so to let in more black kids means saying no to others. In most progressive instances, that means telling “Asians” to go away (the term “Asian” itself is yet another false assumption, that somehow Chinese, Thais, Japanese, Koreans, Filipinos, Laotians, Indians, Bangladeshis, et al, are lumpable into one omnibus racial garbage can.)

What you’re left with is the certainty that more exclusion by race is the answer to the alleged problem of exclusion by race. After some forty years of seeing something that egregiously dumb as a good idea, the issue is now coming again before the courts for a reality check, starting in Fairfax County, Virginia. Someone may decide it’s time to ask why we regularly end up with “cosmetically diverse” institutions, rather than anything real that leads to broad social progress.

A group calling themselves the Coalition for TJ sued the school system to reverse the admission process changes, which they allege were meant to diminish the number Asian students. That qualifies as discrimination based on race, outlawed under the 14th Amendment’s equal-protection clause, they claim. In late January a U.S. District judge turned down the Coalition’s request for a jury trial, claiming that since no material facts are at issue, he will instead issue a ruling later this year. Both sides will then be able to appeal, suggesting the issue will overlap another admissions season. A second suit is also in play. A bill before the Virginia legislature would also affect TJ, seeking to remove race as an admission criteria.

The move to eliminate racism in admissions processes in Virginia is mirrored at the national level. The Supreme Court agreed to decide whether race-based admissions programs at Harvard and the University of North Carolina are lawful (Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. University of North Carolina.) The case against Harvard accuses the school of discriminating against Asian students by using subjective criteria such as likability, courage, and kindness, effectively creating a ceiling for them in admissions, a nasty echo of the 1930s when it was thought Jews lacked the “character” to be Harvard men. In the North Carolina case, the argument is simply that the university discriminated against white and Asian applicants by giving preference to PO other C. Don’t expect a decision before next year.

Once upon a time Americans decided race should not be a factor in education, doing away with segregated schools and ending separate could be equal. Somewhere we lost our way, to the point where leveling down, and creating twisty definitions of things like “experience points” brought race directly into education again. Only this time we convinced ourselves that discriminating against whites and Asians was perfectly OK. That current system is under fresh attack in the courts, and well it should be. The way to stop discrimination on the basis of race is to stop discriminating on the basis of race. You don’t have to go to Harvard, or TJ, to figure that out.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Democracy

Sotomayor and End of Roe v. Wade

December 20, 2021 // 11 Comments »

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Democracy

1A Victory: SCOTUS Again Confirms ‘Hate Speech’ is Protected

August 19, 2018 // 20 Comments »

In the world we awoke to on November 8, 2016, a myth took hold among many progressive people that so-called “hate speech” — speech that demeans on the basis of race, ethnicity, gender, religion, age, disability — is not protected by the First Amendment. Even Howard Dean contributed to the falsehood.

The Supreme Court just made it very, very clear that is wrong. Offensive and hateful speech is as protected as any other. It is vital to protect all speech, for the road of prohibiting speech one disagrees with is a slippery one. There is a right to offend; deal with it, snowflakes.

Hate speech is not protected by the first amendment. https://t.co/DOct3xcLoY

— Howard Dean (@GovHowardDean) April 21, 2017

A recent case, Matal v. Tam, focused on an all-Asian band called The Slants, who wanted to trademark their group’s name. “Slant” of course is one of a dictionary full of racist terms used to offend Asians, and the group wanted to push the word into the world’s face to disarm it, as gay men have done with the slur queer.

The United States Patent and Trademark Office said no, the group could not trademark the name The Slants because of the disparagement clause, which denies federal trademark protection to messages that may offend people, living or dead, along with “institutions, beliefs or national symbols.” This same reasoning denied the Washington Redskins’ trademark renewal of their team name in 2014, seen as disparaging toward Native Americans.

No more. The Supreme Court just ruled the government cannot use trademark law to stop people from promoting an (potentially offensive) name. That constitutes the government prohibiting free expression, a clear violation of the First Amendment.

The First Amendment protects offensive speech, Justice Samuel Alito wrote in this unanimous decision. “The proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate,’” he said, quoting the classic 1929 dissent from Justice Oliver Wendell Holmes.

(Trump-era snowflakes usually misapply Holmes’ famous line — not shouting fire in a crowded theatre — to justify banning offensive speech by claiming it incites violence. They’re wrong; it doesn’t work that way at all. The whole thing is laid out here.)

“The danger of viewpoint discrimination,” Justice Anthony Kennedy wrote in The Slants’ case, “is that the government is attempting to remove certain ideas or perspectives from a broader debate. That danger is all the greater if the ideas or perspectives are ones a particular audience might think offensive, at least at first hearing. To permit viewpoint discrimination in this context is to permit government censorship.”

The ACLU called the decision a “major victory for the First Amendment.”

And… mic drop.

The marketplace of ideas needs to be broad and deep, and awful people must be free to spew terrible words, into it, so they can be exposed and bad ideas shoved aside by good ones. That’s how the Founders intended the system to work, that is how it has worked through over 200 years of controversy, and the Supreme Court made it clear this week Trump, Howard Dean, Milo Yiannopoulos or your favorite nazi have no place in trying to change things.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Democracy

Scalia Dined at the Great Trough of Corruption

February 29, 2016 // 13 Comments »

Antonin Scalia was the longest-tenured justice on the current Supreme Court, and a great friend to conservatives in his opinions. It turns out he also ate his share at the great trough of American corruption.


Though the information was somehow not exposed to the public over the decades Scalia was making decisions that affected all of our lives, now, just two weeks after his death, we learn that he was a frequent traveler, all paid for by private “sponsors.”

When Scalia died, he was staying, for free, at a West Texas hunting lodge owned by a businessman whose company had recently had a matter before the Supreme Court.

Then we learned that over the last ten years Scalia took 258 subsidized trips (2004 to 2014), with at least 23 privately funded trips in 2014 alone to legal hotspots like Hawaii, Ireland and Switzerland. A few weeks before his death, he was in Singapore and Hong Kong, all expenses paid. The information on all this comes from the New York Times, who either knew about it all for some time and just never got around to publishing it, or who did a helluva lot of research in the last few days.

No Ethics

Ethical standards supposedly prohibit judges from accepting gifts from anyone with a matter currently before the court. But those guidelines presented no barrier to John Poindexter, who invited Justice Scalia to stay at his West Texas ranch. One of Poindexter’s companies, the Mic Group, was a defendant in an age discrimination lawsuit filed by a former employee who unsuccessfully petitioned the Supreme Court for a review last year. Funny thing, that the Court refused to hear the case and thus let Poindexter off the hook.

Maybe it was an open-and-shut case.

Scalia is not alone in his piggery. The Times also dutifully reports in 2011, a liberal advocacy group, Common Cause, questioned whether Justice Scalia and Justice Clarence Thomas should have disqualified themselves from participating in the landmark Citizens United case on campaign finance because they had attended a political retreat in Palm Springs, sponsored by the conservative financier Charles Koch. The disclosure report filed by Justice Thomas made no mention of the retreat. It said only that he had taken a trip, funded by the Federalist Society, a conservative legal group, to Palm Springs to give a speech.

Swine

There is no such thing as a free lunch. People do not give away trips to Hong Kong, or pay $200,000 for a short speech, for nothing. They are buying influence and access. Simple test: do you think you could get a Supreme Court justice on his cell phone this afternoon? Do you think West Texas rancher John Poindexter can?

Anyone who believes these payments, in cash or in air tickets, are anything other than bribes is an utter fool. Our democracy has been bought, and damn cheap, too.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Democracy

Supreme Court Rules in Favor of TSA Whistleblower Robert MacLean

February 6, 2015 // 9 Comments »

Whistleblower laws exist because government officials do not always act in the nation’s best interests.

The Obama administration, in its war on whistleblowers, just lost a major battle. Major in its venue — the Supreme Court — and major in its implications for future whistleblower cases.

The Court’s decision in Department of Homeland Security v. Robert MacLean curtails the government’s manipulation of pseudo-classified information to punish whistleblowers, and strengthens the Whistleblower Protection Act (WPA).

The Facts

In July 2003, TSA alerted all marshals of a possible hijacking plot. Soon after, TSA sent an unclassified, open-air text message to marshals’ cell phones canceling several months of missions to save on hotel costs. Fearing such cancellations in the midst of a hijacking alert created a danger to the flying public, veteran Air Marshal Robert MacLean tried to get TSA to change its decision.

After hitting a dead end, MacLean spoke anonymously to MSNBC, who published a critical story. Only 24 hours later, and after 11 members of Congress voiced concern, TSA reversed itself, putting marshals back on the flights. A year later, MacLean appeared on TV in disguise to criticize agency policies he felt made it easier for passengers to recognize undercover marshals. The TSA recognized MacLean’s voice and discovered he had also released the unclassified 2003 text message. He was fired in April 2006.

MacLean discovered that months after firing him, TSA had retroactively classified as “security sensitive information” (SSI) the unclassified text message he had leaked. SSI is a designation created by TSA via administrative memo, and had no basis in law. TSA decided nonetheless that leaking a retroactively SSI-classified document was cause enough to fire a federal worker. MacLean fought back.

In 2013, after a long series of legal wrangles, a United States Court of Appeals decided that MacLean was entitled to his old marshal job back under the Whistleblower Protection Act of 1989. The act generally limits its protections to “disclosures not specifically prohibited by law.” The court said SSI information was not really “classified” at all, and thus MacLean’s disclosure was not a violation of law.

The Department of Justice challenged the decision in front of the Supreme Court. The Supremes agreed on January 21 with the lower court’s decision, ruling in favor of MacLean and against the government.

Significance of the Decision

The Court made clear TSA’s self-created classification, SSI, did not have the power of law. MacLean’s disclosure of SSI material thus did not violate any actual laws making disclosure of properly classified material a crime. There were no grounds to have fired him.

While by law the U.S. government recognizes only three basic levels of classification (confidential, secret, top secret), since 9/11 government agencies on their own have created pseudo categories of secrecy like SSI, hybrids that casually seek to incorporate the full weight of formal law. There are currently 107 designations just for “sensitive” information alone, none of which receive any review outside of the agency that created them. Allowing any part of the government to declare this or that classified under their own rules means everything can be classified, and every statement by every official potentially actionable, with no external oversight or redress possible.

The Court also shot down government claims that a law allowing TSA to “prescribe regulations” means the agency can otherwise control disclosures with the force of law. The statute, the Court said, “does not [itself] prohibit anything; instead, it authorizes” the TSA to make choices. No one prohibited MacLean from disclosing an at-the-time unclassified text, nor would it be reasonable to assume something unclassified couldn’t be disclosed.

The Court did agree with TSA that actions such as MacLean’s can have legitimate national security repercussions. Dealing with that issue “must be addressed by Congress or the President, rather than by this Court,” and, by extension, not by TSA acting on its own.

Regulation is Not Law

And as if the point was not clear enough, the Supreme Court stated “interpreting the word ‘law’ to include rules and regulations could defeat the purpose of the whistleblower statute. That interpretation would allow an agency to insulate itself… simply by promulgating a regulation that ‘specifically prohibited’ all whistleblowing.”

The Supreme Court’s decision answers a key question regarding the scope of exemptions to federal whistleblower protection law. In a blow to the self-proclaimed “most transparent administration ever,” the Court ruled against the use of pseudo-classification as a tool to hide from the public embarrassing or even criminal information. Had the Court held otherwise, no act of whistleblowing could be considered protected. All the government would have had to do to stop an act by a conscientious employee would be to retroactively slap a self-made category of secrecy on whatever was disclosed, and wash its hands of the miscreant.

Attorney Tom Devine,of the Government Accountability Project, was part of the team that represented MacLean. “This victory,” Devine said, “means that the cornerstone of whistleblower rights has survived — the supremacy of statutory rights passed by Congress over agency secrecy rules. If Mr. MacLean had lost, agencies could cancel those rights through internal regulations, and the Whistleblower Protection Act would have been an unenforceable honor system. In the aftermath, the WPA is alive, well and stronger than ever.”

What About that Retroactive Classification?

Also a part of MacLean’s firing from TSA was the issue of the agency retroactively marking the information he was punished for leaking as SSI, some time after it was sent out to all air marshals in an unclassified open text. The Court let stand this government power to retroactively classify information.

According to MacLean attorney Tom Devine, retroactively pseudo-classifying information as SSI was not an issue in MacLean’s appeal, and should not inhibit all whistleblowing. Following MacLean’s firing, Executive Order 13556 in 2010 made clear categories such as SSI alone does not affect disclosure laws such as the Whistleblower Protection Act. In addition, the “anti-gag” provision of the later Whistleblower Protection Enhancement Act already outlawed liability for disclosures involving “unmarked but classified” information. That law’s definitions require information to be specifically designated as classified, not just to deserve secret status.

Whither MacLean?

That’s the bigger picture. On a more personal level, what’s next for MacLean?

“I’m a sheepdog, I fight until I’m unconscious or dead,” said MacLean. “The public paid me considerably more than most federal employees. I had the power to arrest people. I was extensively trained and gave an oath that I would risk my life engaging in firefights inside crowded missiles.”

“I want to resume serving in law enforcement,” said MacLean. “If my country wants me back serving as an air marshal, I will serve to the best of my ability and with honor.”

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Democracy

Good News? Maybe. Supreme Court Says Cell Phone Searches Need Warrants

July 1, 2014 // 9 Comments »

There are signs of hope that the Supreme Court will return to its check and balance role of the Constitutional era.

One such sign, directly addressing the Fourth Amendment (the Court also just issued a ruling determining the procedures for challenging one’s inclusion in the No-Fly list are unconstitutional, another hopeful sign) is a recent opinion that the police cannot search the contents of an arrestee’s cell phone without a warrant.

Good news? Maybe.

The Supreme Court Recognizes Tech Affects the Fourth Amendment

Prior to this decision in the case of Riley v. California by the Supreme Court on June 25, 2014, law enforcement held that if they arrested someone, say for a simple traffic offense, they had the right to examine the full contents of his or her cell phone– call lists, photos, social media, contact, whatever was on the device, what one writer called a “montage of the user’s life.” Police traditionally have searched physical objects they find on an arrestee without a warrant, typically with the rationale that such searches were for the protection of the officers (Got a gun in that backpack?) In the case that was before the Court, a traffic stop for one man ended up with him in jail for other alleged crimes based on the contents of his phone. The Court combined the Riley case with a similar one in its decision.

The Court acknowledged that cell phones today represent far more than a “physical object.” The information they hold is a portrait of someone’s life, the same as a closet at home, or a computer sitting on your desk. Searches of those locations almost always require a warrant, and now, so will searches of your cell phone if you are arrested. An exception exists for “exigent circumstances,” such as the infamous ticking time bomb scenario where a terrorist with knowledge of an imminent attack is arrested. An legitimate exigent circumstance might also include a child kidnapper caught running a red light, whose phone might reveal the location of his victim. Common sense, if not abused by the cops.

(As background, the Supreme Court flirted with these issues about two years ago in ruling against warrantless use of GPS tracking devices by the police. In U.S. v. Jones the Court stated “GPS monitoring generates a precise, comprehensive record of a person’s public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations” and thus violates a person’s expectation of privacy.)

Bad News

Does this matter when talking about the NSA’s and the FBI’s technological dragnet? Maybe. Some suggest that law enforcement will work around the new restrictions by seeking perfunctory, expedited warrants automatically for each arrest, or through the use of technologies such as Stingray, which can electronically gather cell conversations without warrant. Stingray can also be used to track a person’s movements without a warrant, negating the old-school GPS devices the Supreme Court declared require a warrant.

Good News

On the positive side, while the Supreme Court decision on cell phone searches applies directly to street-level law enforcement, it does suggest an evolution within the Court that recognizes the way advances in technology have changed the Fourth Amendment. A cell phone is not an object anymore; it is recognized as a portal to other information that a person has gathered in one place for convenience with, as of this decision, a reasonable expectation of privacy.

The hope now is that future Court cases will take the “new” concept that using a cell phone creates a reasonable expectation of privacy, and enlarge that to cover more of Americans’ digital lives. Can you hear us now NSA?

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Democracy