Uppity Wisconsin
Making Wisconsin Progressive Again
Olson-Boies Give Civil Rights for Gays Hope
Wed, 05/27/2009 - 9:36am | mal contends
Update: Civil rights groups say Make Change, Not Lawsuits, explicitly discouraging a federal legal challenge. "The arguments in the briefs are not the only thing that influences the Court’s decisions. The climate of receptivity and momentum in the country on these issues matter as well. There is much we can and should do together to strengthen our hand before we put a federal marriage case before the justices," reads the question and answer online sheet.
This is a defensive, crouching strategy that argues before demanding civil rights for everyone, make sure its okay with the bigots first. Put another way, "This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism," as MLK reminded us on one very special day.
This is a defensive, crouching strategy that argues before demanding civil rights for everyone, make sure its okay with the bigots first. Put another way, "This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism," as MLK reminded us on one very special day.
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Tags: Civil Rights, bigotry, California, civil liberties, civil rights, David Boies, discrimination, gay marriage, Hate, judicial policymaking, Katami and Zarrillo v. Schwarzenegger, Lawrence v. Texas, Make Change Not Lawsuits statement, Perry, Stier, Theodore B. Olson
On Judicial Empathy, Or, Random Roadblocks Aren't Annoying. Really.
Thu, 05/07/2009 - 8:46am | fake consultant
So a Supreme Court justice that hardly anyone noticed has announced his retirement and all of a sudden the lips of The Experts are all a-flutter with the word “Empathy”.
President Obama reports he wants his nominee to have it; and Republicans are convinced that the word is a secret code for something that eventually ends in the death of free speech, massive roundups of guns by the Secret United Nations World Police, and the Internment Of All The White People In Reeducation Camps Run By Americorps And ACORN And Gay People Who Want To Marry And Are Funded By George Soros.
It is suggested that Evil Activist Judges will trample the Constitution as they create Law out of whole cloth; and that only those who interpret the Constitution just as it was written can bring the proper attitude to the Court.
It sounds like somebody needs to come along and provide a couple of cogent thoughts about this whole empathy thing...and lucky for you, Gentle Reader, we have before us today specific examples of how the quality of empathy can express itself in Court Doctrine.
On Tradition, Or, Same-Sex Marriage, Seen Through A Telescope
Thu, 04/09/2009 - 9:49pm | fake consultant
Dangerous Things are happening in America these days, we are told, and the once-innocent citizens of Iowa and Vermont have already been exposed to the hazard...and now it looks as though the contagion might spread to States across New England. But lucky for us, our friends on the Right are here again to save to save us from...(insert horror film music here)...
...The Gay.
The Gay, it turns out, want the opportunity to marry. Among other complaints, our friends on the Right feel this will destroy religious tradition, which will ultimately destroy first Christianity, then the Nation. Therefore, religious tradition must be protected at all costs.
Well as it turns out, there are some people from our past who know a few things about religious traditions and how they distort reality—and today, we’ll examine the lessons they have to teach us.
I Love Black People!
Thu, 04/09/2009 - 10:46am | mal contends
Don't know what your living situation is, but a black man moves in a couple doors up and watch the property taxes in the hood move right on down. Black people [depicted above-left from Google Images] are like magic this way; no way white guys can do that.
Reprinted below is a short column from last month, and mal invites members of my neighborhood association's newsletter—the Jamestown Neighborhood Association of Fitchburg, Wisconsin (bordering Madison)—to explain why they ran a house and street number in the Spring issue and accused the people there of being "uninvited ... drug dealers" and printing a less-than-convincing evidential basis for their conclusion. Do please post a comment below.
I Second That
Tue, 02/10/2009 - 2:37am | Outraged
There is much rhetoric flying around concerning "drunk driving". It must be remembered that many laws instituted for the purpose of one alleged problem become subverted and henceforth used to endorse a set agenda or ulterior motive. Sometimes this is simply to make money.
It seems questionable that Wisconsin, nor any state could remotely be qualified as a "drinking culture". This is rhetoric at its finest and does nothing except inflame the ideological.
I agree with Mal Contends assertion:
"It's about time someone spoke up against Kathleen Falk's bone-headed approach to addressing the issue of operating a vehicle while intoxicated (OWI) and the non-issue of Wisconsin's alleged drinking "culture" problem."
How's this for an "eye opener"?
Civil Liberties, Yes
Thu, 02/05/2009 - 7:15am | mal contends
It's about time someone spoke up against Kathleen Falk's bone-headed approach to addressing the issue of operating a vehicle while intoxicated (OWI) and the non-issue of Wisconsin's alleged drinking "culture" problem.
Falk's criminalization and anti-civil liberties OWI agenda drew reproach from her opponent, Nancy Mistele, at the first debate (January) between the two likely candidates for Dane County Executive in the general election in April.
Mistele hit the statist, heavy-handed Falk program by pointing out that personal responsibility and private action were critical vis a vis government's involvement of changing the "culture," to a round of groans from Falk supporters.
Yesterday's Captial Times hits Falk's approach, though not naming Falk as a leading advocate; [wish they had].
Falk's criminalization and anti-civil liberties OWI agenda drew reproach from her opponent, Nancy Mistele, at the first debate (January) between the two likely candidates for Dane County Executive in the general election in April.
Mistele hit the statist, heavy-handed Falk program by pointing out that personal responsibility and private action were critical vis a vis government's involvement of changing the "culture," to a round of groans from Falk supporters.
Yesterday's Captial Times hits Falk's approach, though not naming Falk as a leading advocate; [wish they had].
Does Wisconsin Still Like the Fourth Amendment?
Thu, 01/22/2009 - 10:46am | mal contends
Update: On the federal level, US SC dilutes the 4th
One repulsive feature in the liberal arguments for routine police roadblocks [advocates call them “sobriety checkpoints”] is one of omission: The absolute refusal to address why roadblocks are offensive to liberty and specifically Fourth Amendment concerns.
One repulsive feature in the liberal arguments for routine police roadblocks [advocates call them “sobriety checkpoints”] is one of omission: The absolute refusal to address why roadblocks are offensive to liberty and specifically Fourth Amendment concerns.
Instead, we are treated to 38 other states do it; the Supreme Court’s doctrine of the Roberts Court says it’s okay, and so on.
Whatever happened to the libertarian ethos that we must be suspicious of claims demanding that we hand over our liberty for safety and security?
And when did we start taking our cues on liberty from Chief Justice John Roberts?
From Kathleen Falk, Jim Rowan, and other liberals, there is not so much as lip service paid to Fourth Amendment concerns.
Tyranny or Rule of Law at Stake in Al-Marri Case
Tue, 12/02/2008 - 1:50pm | mal contends
Update: Supreme Court to Hear Indefinite Detention Case, Al-Marri v. Pucciarelli
A small band of lawyers remain diligently at work fighting for a Supreme Court win in Al-Marri v. Pucciarelli that would answer a huge question for our democracy: Whether we are a tyranny or a country where the rule of law, due process, and habeas corpus reign supreme.
Typical of today's Republican Party, the GOP has come down on the anti-liberty side of the argument.
From the Brennan Center:
Question Presented – Does the Executive have legal authority to detain a legal resident arrested in the United States without charge by declaring him an 'enemy combatant'? This case challenges the President’s assertion of unchecked executive detention power over all individuals in the United States.
For more information see:
A small band of lawyers remain diligently at work fighting for a Supreme Court win in Al-Marri v. Pucciarelli that would answer a huge question for our democracy: Whether we are a tyranny or a country where the rule of law, due process, and habeas corpus reign supreme.
Typical of today's Republican Party, the GOP has come down on the anti-liberty side of the argument.
From the Brennan Center:
Question Presented – Does the Executive have legal authority to detain a legal resident arrested in the United States without charge by declaring him an 'enemy combatant'? This case challenges the President’s assertion of unchecked executive detention power over all individuals in the United States.
For more information see:
Fla Court Rules Gays Get Equal Protection, Adoption Ban Unconstitutional
Wed, 11/26/2008 - 11:50am | mal contends
Has Miami-Dade Circuit Court Judge Cindy S. Lederman been getting too much sun or is she seeing the light?
Judge Lederman ruled on a case challenging a Florida law that bans lesbians and gays from adopting, ruling the statute unconstitutional.
The case raises the big question Republicans are pondering as they decide which way forward for their battered Party: Embracing ignorance and authoritarianism or some manner of qualified libertarianism.
Judge Lederman ruled on a case challenging a Florida law that bans lesbians and gays from adopting, ruling the statute unconstitutional.
The case raises the big question Republicans are pondering as they decide which way forward for their battered Party: Embracing ignorance and authoritarianism or some manner of qualified libertarianism.
[Pictured above is Martin Gill with the two brothers he hopes to adopt in Florida.] From the ACLU:
Why I'm scared - Constitution-free zones created to control 2/3 of U.S. population
Thu, 10/30/2008 - 8:51pm | warmmidwest
WASHINGTON – The extraordinary powers of customs and border agents to invade the privacy of individuals at the U.S. border are spreading inland and creating what amounts to a “Constitution-free Zone” that covers fully two-thirds of the American population, the American Civil Liberties Union said today in a press conference at the National Press Club in Washington, DC.
197.4 million people live within 100 miles of the U.S. borders, and the government has just assumed extraordinary powers to search U.S. citizens within these zones.
This is not tinfoil hat stuff. Look at the map (scroll down a little). Do you know what this means?
“In the United States, citizens are not supposed to need an internal passport,” said Steinhardt. “This is our country and we are free to go where we please, without being stopped and interrogated by the authorities, as long as we are not behaving illegally or in a way that is clearly suspicious.”
New Pres Will Move Supreme Court Sharply
Mon, 10/27/2008 - 9:59am | mal contends
Several Supreme Court (SC) justices will likely retire or pass away in the next eight years and replacements will be appointed by a President Obama or McCain.
The composition of the SC will bear directly on the legally protected liberty (and the related capacity to pursue happiness) of our fellow citizens.
Do you like the choice to decide whether to have a baby? Like feeling secure and safe in your home and person away from the prying eyes of police? Like the fact that if you are arrested you get to contest in a court the rationale behind your arrest? Like sharing consensual intimacy with whom you choose. Of course you do. Guarantees exist to protect your liberty. You are a person with rights.
One fact of American society is that a mass movement for authoritarianism flourishes, dedicated or indifferent to the diminishment of rights and liberties.
Knowing which justices hold a high regard for the liberty interest of Americans, and knowing which type of justices in this regard a President Obama (high on liberty) and a President McCain (hostile to liberty) will appoint, some facts are listed below to take into account when you consider contributing your time and money to Obama in these last days of the campaign.
The composition of the SC will bear directly on the legally protected liberty (and the related capacity to pursue happiness) of our fellow citizens.
Do you like the choice to decide whether to have a baby? Like feeling secure and safe in your home and person away from the prying eyes of police? Like the fact that if you are arrested you get to contest in a court the rationale behind your arrest? Like sharing consensual intimacy with whom you choose. Of course you do. Guarantees exist to protect your liberty. You are a person with rights.
One fact of American society is that a mass movement for authoritarianism flourishes, dedicated or indifferent to the diminishment of rights and liberties.
Knowing which justices hold a high regard for the liberty interest of Americans, and knowing which type of justices in this regard a President Obama (high on liberty) and a President McCain (hostile to liberty) will appoint, some facts are listed below to take into account when you consider contributing your time and money to Obama in these last days of the campaign.
GOP Voter Fraud Hoax Gets Knocked Around
Wed, 10/15/2008 - 9:01am | mal contends
The desperate GOP is lying in unison. It's what they're good at.
And truth and civil rights aren't going to stand in the way. It would nice if just one GOP official would stand up and say, 'This is wrong. Suppressing voters is wrong,' Dare to dream.
Andrew Burmon has a piece in Salon knocking down the lie in Behind the GOP's voter fraud hysteria.
Bullying Milwaukee Police Fine 70-Year-Old Widow for Defending Dog
Tue, 08/12/2008 - 9:15am | mal contends
Salon: Surveillance State Huge, Investigation May Be Finally Coming
Wed, 07/23/2008 - 6:50am | mal contends
Those longing for an accounting of Bush's historic abuse of power may get their wish.
In Salon, Tim Shorrock has uncovered new modes of state surveillance of Americans, and revealed documents contemplating "a potential investigation of the White House that could rival Watergate."
Breaking new ground on the government's programs monitoring Americans to be used in a declared national emergency, Shorrock reports on programs "designed for use by the military in the event of a national catastrophe, a suspension of the Constitution or the imposition of martial law."
Some excerpts:
Senator Feingold Enjoys Culver's Too
Sun, 07/06/2008 - 11:19am | bschmock
Yesterday, I went up to Bloomer, WI with my parents to talk about Thailand at a retirement home. On the way, we decided to stop at Culver's along Highway 53 to have some lunch. I saw a man sitting in a booth that looked fimiliar--I had to do a double-take, but I was certain it was Senator Feingold. My mom and dad concurred when they joined me at our table. I almost approached him and let him know that I appreciate his stance on FISA, but he seemed to be enjoying his ButterBurger a LOT. I am not sure if anyone else in the restaurant recognized the Senator--if they did, they allowed him to enjoy his 4th of July weekend "off the job".
It is always cool to see national figures in the Chippewa Valley; it is doubly cool to see them at such an everyday spot. Keep up the good work Senator Feingold!--I'll treat you to some custard next time I see you.