Monthly Archives: May 2012

Glendon on why Catholic institutions are suing

I read with interest this piece in The Wall Street Journal today by Mary Ann Glendon, headlined “Why the Bishops Are Suing the U.S. Government,” partly because she is someone I’ve suggested in the past as a potential speaker in the Cardinal Bernardin lecture series (remember, last year we brought E.J. Dionne).

I first became interested in her a couple of decades back, when I was reading a lot of communitarian literature. I was interested in her study of how nations in Europe had found it easier to come to accommodations over abortion, because unlike Americans, they didn’t frame the issue as a clash between absolute “rights.”

Anyway, here are some excerpts from her piece today:

This week Catholic bishops are heading to federal courts across the country to defend religious liberty. On Monday they filed 12 lawsuits on behalf of a diverse group of 43 Catholic entities that are challenging the Department of Health and Human Services’ (HHS) sterilization, abortifacient and birth-control insurance mandate.

Like most Americans, the bishops have long taken for granted the religious freedom that has enabled this nation’s diverse religions to flourish in relative harmony. But over the past year they have become increasingly concerned about the erosion of conscience protections for church-related individuals and institutions. Their top-rated program for assistance to human trafficking victims was denied funding for refusing to provide “the full range of reproductive services,” including abortion. For a time, Catholic Relief Services faced a similar threat to its international relief programs. The bishops fear religious liberty is becoming a second-class right…

The main goal of the mandate is not, as HHS claimed, to protect women’s health. It is rather a move to conscript religious organizations into a political agenda, forcing them to facilitate and fund services that violate their beliefs, within their own institutions.

The media have implied all along that the dispute is mainly of concern to a Catholic minority with peculiar views about human sexuality. But religious leaders of all faiths have been quick to see that what is involved is a flagrant violation of religious freedom. That’s why former Arkansas Gov. Mike Huckabee, a Baptist minister, declared, “We’re all Catholics now.”…

Religious freedom is subject to necessary limitations in the interests of public health and safety. The HHS regulations do not fall into that category. The world has gotten along fine without this mandate—the services in question are widely and cheaply available, and most employers will provide coverage for them.

But if the regulations are not reversed, they threaten to demote religious liberty from its prominent place among this country’s most cherished freedoms. That is why Cardinal Dolan told CBS’s “Face the Nation” on April 8: “We didn’t ask for this fight, but we won’t back away from it.”

Some faves from the late, lamented @PhilBaileySC

Just got around to seeing this…

On Sunday in The State, The Buzz (a descendant of a tidbits column I started in the ’80s called “Earsay”), lamented the cruel demise of @PhilBaileySC, and remembered some of his best Tweets:

• “Happy Confederate Memorial Day South Carolina. The rest of the country calls this day ‘Thursday’ ”

• “At what point do I freak out about Sharia Law coming to SC? Right after Bigfoot is proven real?”

• “Haley to send it to Georgia tomorrow. RT @WLTX: 30-foot-tall State Christmas Tree arrives in Columbia”

• “Happy Valentines Day, Ladies. The @scsenategop will be attempting to regulate your womb tomorrow.”

• “Besides the latest Winthrop Poll numbers having @NikkiHaley at 37%, Angies List gives the SC Guv a D-.”

• “ Mitt Romney and Nikki Haley settled on the endorsement in an email. Unfortunately, Haley pressed delete on the email out of habit.”

Not sure those are the exact ones I would have chosen (the fourth certainly doesn’t reflect my views), but they give you the idea. My fave of these is the first one. Very Phil.

Cindi cites Her Alleged Majesty for contempt

As was anyone with even a rudimentary understanding of the rule of law, Cindi Scoppe was aghast at our governor’s behavior last week, both when she goaded the state GOP to defy the law in order to help rid her of a troublesome senator, and when her office responded childishly to the State Election Commission’s refusal to play along.

But Cindi wasn’t struck speechless. From her column Sunday:

If the governor had been the one speaking, she might have added, L’etat, c’est moi.

At least when Louis XIV said it, he had a legal basis to do so. He was, after all, an absolute monarch.

When our founding fathers created this nation, they didn’t just reject the British monarch. They rejected the idea of a monarchy. They rejected imperial rule. And nowhere in the fledgling nation was that concept more thoroughly rejected than here in South Carolina.

The governor of South Carolina isn’t even a real governor. Yet this one fancies herself royalty. An autocrat. With the divine right of queens. L’etat, c’est moi.

She had already demonstrated that she was hypocritical. And careless with the truth. And imperious. Now add lawless. And contemptuous.

Actually, it’s the court that needs to add that last one.

Although the Election Commission blocked the party’s effort to defy a court order, that doesn’t change the fact that the party, at the urging of our governor, acted in a way that was “calculated to obstruct, degrade, and undermine the administration of justice.” That’s the definition of contempt of court, which our Supreme Court has said judges should punish in order to “preserve the authority and dignity of their courts.”

The court cannot ignore such blatant disregard for its orders. It needs to find the governor in contempt. And while it’s at it, it should do the same to the state Republican Party, and the Florence County Republican Party. This is about far more than the candidates who have been mistreated by our state. It’s about the authority of the court itself.

But Nikki Haley wouldn’t know anything about that.

When did truckers become so law-abiding?

Over the weekend, I was a passenger in my wife’s car when I saw the following amazing sight, and reported it on Twitter:

Just saw a tractor-trailer do a U-turn at Gervais and Huger. Really. Brown Trucking Co. of Lithonia, Ga.

Seriously. We were several cars back from the light on Gervais, waiting to proceed eastward (with the McDonald’s on our right) and this truck, which was going the way we were, pulled out into the intersection, cut way left and swung across several lanes to turn all the way around within the intersection, and head back toward the bridge over the river. Cars converging on the intersection from four directions just froze — probably in amazement. He did it on the first try, which makes me think it wasn’t his first time.

And this got me to thinking of something. I got to thinking about how you seldom see truckers do really crazy stuff anymore.

I mean, compared to back in the ’70s, about the time of the CB radio craze. Back then, it was seemingly an outlaw culture. Driving on an interstate in a normal car (much less my Volkswagen Rabbit I had back then), was truly taking your life in your hands, with kamikaze behemoths hurtling down upon you at ungodly speeds.

If you saw a trucker doing less than 80 in those days, it meant he was climbing a steep grade and hadn’t gotten as much of a running start as he’d like.

It was SOP for truckers to bear down upon you from the rear (especially if you dared to get into the left lane to pass somebody), closing at speeds that would ensure that it was all over if you tapped your brakes. You had to veer out of their way the first chance you got; it was imperative to survival.

Then, suddenly, just a few years ago (I want to say it was the middle of the last decade), I noticed something — truckers were almost all driving at or below the speed limit. They were no longer aggressive, much less homicidal. Cars passed them, instead of the other way around. The interstate seemed much less dangerous than it had been.

Anybody else notice this? And does anyone know why it happened? Was it:

  • Rising fuel prices, which made it imperative that they drive in a more economical fashion?
  • Tougher enforcement? (If it was this, it happened in multiple states at once.)
  • Those “How Safe is My Driving” signs with the phone numbers?
  • A change in trucker culture, a maturation beyond the “Smoky and the Bandit” stage?

Or something else I’m not thinking of?

Theories are welcomed. Anyone who actually knows something from within the industry would be even more so.

The Birth of The One Who Will Bear the Name

Why have I been writing off and on about “guy stuff” all week? Well, it’s been on my mind, and here’s why. I’ve been getting ready.

Today, my first grandson was born. Here’s what a milestone he is:

  • The first boy born into the family since my younger son, who is now 31.
  • We’ve had eight wonderful, beautiful girls in a row in the meantime — my two youngest daughters, my brother’s two daughters, and my four granddaughters.
  • My father had only one brother, who had no sons. Then there was my brother and me, and my two sons. And now my older son has a son, and he’s the only one in his generation.
  • He’s the first boy in an even longer time on the other side of his family (the Herring side).

So you can see how I would be contemplating the nature of the male of the species, and trying to get my head around the concept.

We are excited. Excited the way we have been with every one of our grandchildren, only this time with a novel factor (for us).

Look at him. He’s a big boy, isn’t he? Look at those hands — I think he could palm a baseball. Unfortunately, I forgot to take one into the nursery with me (see how you can forget stuff when you haven’t had a boy in a while?). He’s 9 pounds, 7.5 ounces. A mannish boy. And dig that Kirk Douglas cleft. All the women who see him exclaim over that.

He will have all new stuff, unlike all the girls who had loads of hand-me-downs. We are not set up for a boy, but we will adjust.

His big sister, the super-articulate 2-year-old, isn’t entirely sure what she thinks. But I know she’ll love him, as we love her. He’s going to have her, and 6 girl cousins, hovering over him. But I think he’ll handle it OK.

We’re going to spend a lot of time with this guy in the days to come. And with our granddaughters, too, reminding them of how awesome and special each of them is.

This is going to be fun.

Let’s raise the “naming” bar a LITTLE, at least

Oh, gee, you gotta be kidding me. I just got this from Wesley Donehue:

In recognition of Andre’ Bauer’s awareness of and efforts to meet the needs of South Carolina’s seniors during his tenure as Lt. Governor, Lexington County Recreation & Aging Commission is naming its senior center in Batesburg-Leesville the “Andre’ Bauer Senior Center.”

The naming ceremony will be at 11:00 AM on Wednesday, May 23 at the senior center, 241 Highland Avenue in Batesburg. Speakers honoring former Lt. Governor Bauer will include Batesburg-Leesville Mayor, Jim Wizowaty and Senator Jake Knotts.

The construction of the senior center in Batesburg-Leesville, completed in 2007, would not have been possible without $350,000 of Senior Center Permanent Improvement Project (SC PIP) funding provided by the Lt. Governor’s Office on Aging. Prior to the construction of the Andre’ Bauer Senior Center, the senior program shared 2,000 square feet of space with programs for other age groups at the Batesburg-Leesville Leisure Center. The SC PIP dollars covered approximately 56% of the cost of building the 4,500 square foot center.

In recognition of the needs of the rapidly expanding senior population in South Carolina, the SC Legislature established the SC PIP program to help entities and communities that provide programs and services to seniors build, expand, and renovate Senior Centers. Money for the SC PIP program is generated by bingo taxes. Funding for a senior center is obtained through a grant application process with the Lt. Governor’s Office on Aging. Under former Lt. Governor Andre’ Bauer, numerous senior centers were built, expanded, or renovated throughout the State.

Lexington County Recreation & Aging Commission (LCRAC) serves Lexington School Districts 1, 2, 3, and 4. LCRAC’s mission is to improve the quality of life for all citizens through creative, meaningful, life enriching experiences. This is done through the provision of program services, facilities, and education. To make programs and services easily accessible to seniors, LCRAC operates seven senior centers. Each center offers nutrition (home delivered and center based meals), education, recreation, fitness, transportation, health promotion, volunteer opportunities, and support services that are responsive to the needs of seniors in the local communities.

Over 1,400 seniors participate in programs offered by the seven senior centers. More than 600 people receive a noon meal from LCRAC, Monday thru Friday, approximately 60% are home delivered meals.

Currently, more than 200 seniors benefit directly from programs, services, and activities offered at the Andre’ Bauer Senior Center. Sixty plus of them receive home delivered meals. The center, with its walk-in freezer and cooler also serves as a food distribution site for both the Gilbert-Summit and Lexington senior centers, impacting the health and well-being of another 500 plus seniors.

Lexington County Recreation and Aging Commission is pleased to be able to recognize the impact former Lt. Governor Andre’ Bauer has made in helping to improve the lives of seniors in South Carolina.

Yes, I know that Andre took that make-work function that lawmakers gave him so he could pretend being Gov Lite was a real job, and worked hard at it. Andre works hard at everything. And I hear that the old folks he worked with doted on him, although I haven’t polled them.

But… come on. This business of naming things after living politicians was already ridiculous enough in this state. If we’re not going to stop doing it altogether, which we should, how about if we just curtail it to this degree: Why don’t we make a rule that you can’t have a senior senator named after you until you are actually a senior?

That would be a start…

Phil Bailey, exposed to Jake, misbehaves

This just goes to show you what peer pressure can do to you.

Phil Bailey, Wesley Donehue’s co-host on “Pub Politics,” has always been an easy-going, reasonable guy who gets along with everybody — even his opposite number, Wesley. (Phil works for SC Senate Democrats, Wesley for the Republicans in that same body.) You couldn’t ask for a nicer guy. (Well, maybe you could, but who’d listen?)

Then a video surfaces showing him listening to Jake Knotts ooze ethnic intolerance all over him (“She is a sheik, and tryin’ to be a Methodist…”) — and Wesley, and the impressionable young Boyd Brown, and the elegant Anne Peterson Hutto (at least, I think that’s who everybody was; the picture was blurry).

And now… Phil is in all sorts of trouble for having called Nikki Haley a… let me get this right… a “Sikh Jesus.” From The State‘s story. No, not “sweet Jesus;” that’s something your grandpa used to say when he was deeply moved and grandma wasn’t around:

Phil Bailey, the S.C. Senate Democratic Caucus political director, was reprimanded and told to take down his Twitter feed after calling Gov. Nikki Haley a “Sikh Jesus” in tweets, a Senate leader said.

Bailey’s tweet on Wednesday came after Haley spoke to the S.C. GOP executive committee before the group voted to certify Katrina Shealy to run in the Republican primary against Sen. Jake Knotts of Lexington. Shealy was among more than 180 candidates punted from the ballot after the state Supreme Court ruled office seekers needed to file a paper copy of their statement of economic interest.

Bailey tweeted: “@nikkihaley is the Sikh Jesus. She can resurrect an unlawful campaign from the dead by simply appearing at a @SCGOP hearing,” according to a report from BuzzFeed. He used the term “Sikh Jesus” in another tweet…

Now what that tells me is that Phil was as flabbergasted as I was at what the state GOP presumed to do in the Shealy case. Only I, being older and more courtly, was not so shocked as to engage in blasphemy.

This got Phil in so much trouble that he was forbidden to play on the interwebs. For how long, I don’t know. Surely not for long. Not even the state Democratic Party, as clueless and out of the swim of things as it is, could think that a guy could represent it effectively in 2012 without a Twitter feed. Heck, even Cindi Scoppe’s got a Twitter feed these day.

Anyway, I hope Jake really is sorry for what he started

I’ve got a case of Katrina Shealy whiplash

So I read the lede story in The State this morning, and said, “What the…huh?!?”

How could the executive committee of the state Republican Party, after a session in which that party’s governor emoted all over it, overthrow the decision of the state Supreme Court and say, hey, Katrina, you can be on the ballot? How could anyone think for a second that the party had the power to do that? Like the professional valet parking guy said, “What country do you think this is?”

And that was the first thing I was going to blog about this morning. Only I didn’t have time to blog this morning. By the time I was able to turn to it, late this afternoon, the state Election Commission had stated what should have been obvious:

The South Carolina Elections Commission said today that Katrina Shealy’s name cannot appear on the June 12 primary ballot despite being certified by the state GOP executive committee on Wednesday.

The commission said the ballots became official with the names submitted May 4. Shealy had been decertified along with more than 180 other candidates who county parities found had not submitted copies of their statements of economic interest when they filed for office.

But then, just in case that double-double back didn’t throw your neck out of joint, Ms. Shealy promised to do her best to jerk it back in the other direction yet again:

A spokesman for Shealy’s campaign referred comments to the state GOP.

“The State Executive Committee is examining its legal options in light of today’s State Election Commission statement,” the S.C. GOP said in a statement.

Oh, and get this from the governor (in fact, go read the whole story, most of which I’ve reproduced here):

Haley said today that the elections commission should not squash voters’ rights: “Under no circumstances should a government bureaucracy stand in the way of a free and fair election in South Carolina. The people of our state deserve to have their voices heard.”

You see, the duly constituted official authorities — along with the Supreme Court — are “bureaucrats.” Apparently, the decisions about who appears on the ballot should be left up to Nikki Haley, and the state party, if it agrees with her.

Look, I think it’s lousy that all these people got booted from the ballot, too. And Ms. Shealy no more and no less than any other candidate so affected, if they acted in good faith. But you don’t get to make an exception in one instance to the Supreme Court’s matter-of-fact ruling that the law says what it says, even if the governor really, really, really wants you to, with sugar on top.

Of course, one can hardly blame the governor being confused about all this rule-of-law stuff. I’ll confess to being pretty confused about various aspects of this situation. For instance, I need to ask Todd Kincannon, next time I see him, to ‘splain to me how a case about trying to be on the ballot turned into a case about… military absentee votes? Whabba-who? Homina-homina?

There’s just all kinds of bad craziness going on.

Virtual Front Page, Wednesday, May 16, 2012

Army Specialist Leslie H. Sabo Jr., an American hero.

Here’s what we have at this hour:

  1. Greeks withdraw €3bn in 10 days since election (The Guardian) — And the rest of us watch in fascination, hoping Europe doesn’t go down the tubes and take us with it.
  2. House unanimously passes “born alive” bill (?????) — Note the question marks, and the lack of a link. I haven’t seen an MSM story on this. Will Folks is running a press release saying this happened (and as he notes, “The above communication is an email from a politically active organization”), and I received a release from Senate Republicans congratulating the House. No independent news coverage yet. But it seemed like something that would generate controversy, and I didn’t want to ignore it.
  3. Voters to decide if governor, lt. governor should run jointly (thestate.com) — How about that? Voters in SC will actually get to vote on a governmental reform. Columbia City Council, please take note.
  4. Ratko Mladic trial finally begins (BBC) — And the world takes another halting step toward civilization.
  5. Decades Later, Soldier Gets Medal Of Honor (NPR) — It took us far too long, but thank you, Spec. Sabo.
  6. They Moved a Robot With Their Minds (NYT) — “Scientists said a tiny brain implant allowed two people who are virtually paralyzed below the neck to maneuver a robotic arm.” Wow.

I just thought I’d add some elaboration on the Medal of Honor presentation. From the AP story:

Obama presented the Medal of Honor to Sabo’s widow, Rose Mary, and said doing so helps right the wrongs done to a generation that served freedom’s cause but came home to a brooding and resentful nation.

“Instead of being celebrated, our Vietnam veterans were often shunned,” Obama said in a hushed East Room. “They were called many things when there was only one thing that they deserved to be called and that was American patriots.”

Spec. Leslie H. Sabo Jr. of Elwood City, Pa., was serving with U.S. forces near the village of Se San in eastern Cambodia in May of 1970 when his unit was ambushed and nearly overrun by North Vietnamese forces.

Comrades testified that the rifleman charged up from the rear, grabbed an enemy grenade and tossed it away, using his body to shield a fellow soldier. And shrugging off his own injuries, Sabo advanced on an enemy bunker that had poured fire onto the U.S. troops — and then, pulled the pin on his own grenade.

“It’s said he held that grenade and didn’t throw it until the last possible moment, knowing it would take his own life but knowing he could silence that bunker,” Obama recounted. “And he did. He saved his comrades, who meant more to him than life.”

Sabo was 22 years old when he gave his life for his comrades.

GM says ads on Facebook don’t work (Oh, and why is it going public anyway?)

At the worst possible time — on the eve of the social site’s IPO — The Wall Street Journal reports that General Motors plans to quit advertising on Facebook because ads there don’t get the job done:

General Motors Co. plans to stop advertising with Facebook Inc. after deciding that paid ads on the site have little impact on consumers’ car purchases, according to a GM official.

The move by GM, one of the largest advertisers in the U.S., puts a spotlight on an issue that many marketers have been raising: whether ads on Facebook help them sell more products. On Friday, Facebook is expected to sell shares in an initial public offering that could put a market value on the company of as much as $104 billion…

That aside… personally, I have trouble understanding why Facebook wants to go public anyway. Of course, I’m pretty sure Mark Zuckerberg doesn’t want to — hence his childish, obnoxious gesture of showing up for business meetings on Wall Street in a sweatshirt.

But while I blame him for not dressing like a grownup, I find any reluctance he feels to go public totally understandable. I say this as someone who suffered for decades working for publicly-traded newspaper companies — and who would still be a newspaperman if his paper had not been owned by an overleveraged public company. To me, anyone who is making plenty of money from his private company would be totally insane to go public.

No one, but no one, would accuse me of being any sort of financial whiz. But I fail to see the presence of any of the usual reasons for going public. What does Facebook really need an infusion of cash for? It’s not capital-intensive like, say, a steel mill. It’s always been able to rake in the money for relative little investment.

Yes, I’ve gone out there and read explanations of why. But I’m unconvinced. So what if, for instance, going public would be a huge windfall for Facebook employees? Why would I, as an investor (if I were an investor), want to spend my money to give them that windfall? Where’s the competitive advantage in encouraging a company’s founding talent — the people responsible for making the property valuable — to cash out?

The one rational excuse seems to be that in this converging online world, the only way to compete with the other titans out there, such as Google, is to have mountains of cash on hand, so you can beat the others to the punch when it comes time to buy a YouTube or an Instagram.

In other words, it’s a necessary step in the bid to become all things to all people online. Which seems, in and of itself, a debatable goal. But hey, nobody’s asking me.

Brooks sees Obama the way I do, as a mensch

David Brooks didn’t quite go all the way to calling President Obama a Michael Corleone (as opposed to a Sonny, which is more like what George W. Bush was), but he did everything else but say the name:

The key is his post-boomer leadership style. Critics are always saying that Obama is too cool and detached, arrogant and aloof. But the secret to his popularity through hard times is that he is not melodramatic, sensitive, vulnerable and changeable. Instead, he is self-disciplined, traditional and a bit formal. He is willing, with drones and other mechanisms, to use lethal force.

Normally, presidents look weak during periods of economic stagnation, overwhelmed by events. But Obama has displayed a kind of ESPN masculinity: postfeminist in his values, but also thoroughly traditional in style — hypercompetitive, restrained, not given to self-doubt, rarely self-indulgent. Administrations are undone by scandal and moments when they look pathetic, but this administration, guarded in all things, has rarely had those moments….

Brooks said that in the process of marveling at the fact that Obama even has a chance at re-election, since so many of the fundamentals are against him. He concludes that “In survey after survey, Obama is far more popular than his policies” because of what Americans think of him as a man. Not just as a person, but as a man.

Oh, and for those who are tired of me talking about “guy stuff” this week, don’t blame me on this one; Brooks brought it up.

I don’t think either of us has precisely hit the nail on the head. I keep saying “Michael Corleone” to describe his quiet, non-blustering toughness. But of course, the president is a better man than Michael Corleone. “Mensch” doesn’t quite say it either, but it points in that direction. As for Brooks’ reference to “ESPN masculinity” (a term so important to his piece that it’s his headline) — well, I don’t even know what he means by that. Maybe I don’t watch enough sports. (I’ll confess that I also get confused with what people mean when they say “postfeminist.” Some seem to use it to refer to feminism being over and done with, and therefore “NONfeminist.” Others seem to refer to a state in which feminism is taken for granted and no longer a movement, just part of life. So the word is unhelpful to me.)

Another way to say what Brooks is trying to say — “thoroughly traditional in style — hypercompetitive, restrained, not given to self-doubt, rarely self-indulgent” — is “Gary Cooper.”

But we all want to be Gary Cooper (in “High Noon,” specifically — “I’ve got to, that’s the whole thing.”). What Brooks is saying, in a way, is that Obama pulls it off.

An apology from Jake Knotts (apparently)

Overnight, I got this email that says it’s from Jake Knotts (I didn’t know the email address):

STATEMENT BY SENATOR JAKE KNOTTS WITH REFERENCE TO: Release of leaked video tape

When this story first appeared two years ago, I was embarrassed.  I’m embarrassed again now.
It was a very poor attempt at satire in an interview given inside a pub.  But it wasn’t funny.  It was offensive.  And I very much regret my remarks.
Once again I offer my sincere apology to the Governor and her family.
I only hope people will realize this two year-old interview is being leaked by campaign operatives who hope to hurt me politically.  But that’s no excuse for my behavior.  Heated political rhetoric is not the answer.  I can only say again that I’m sorry.
This experience has made me a better public servant.  I’m not going to let attacks and leaks by opponents distract me.  My focus is on creating jobs and helping the people I represent build a brighter future for their families.

This is in reference to a clip showing his “ragheads” remark from Pub Politics, which has surfaced as an “exclusive” (which means no embed code, which is just plain stingy) on BuzzFeed.

Tell you one thing — whenever Jake’s up for re-election, things are never boring.

The execution of the wrong Carlos

The Guardian has a fascinating story about the Columbia Human Rights Law Review‘s expose of a case in which, its exhaustive research indicates, an innocent man was executed in Texas.

Some excerpts:

From the moment of his arrest until the day of his death by lethal injection six years later, DeLuna consistently protested he was innocent. He went further – he said that though he hadn’t committed the murder, he knew who had. He even named the culprit: a notoriously violent criminal called Carlos Hernandez.

The two Carloses were not just namesakes – or tocayos in Spanish, as referenced in the title of the Columbia book. They were the same height and weight, and looked so alike that they were sometimes mistaken for twins. When Carlos Hernandez’s lawyer saw pictures of the two men, he confused one for the other, as did DeLuna’s sister Rose…

At the trial, DeLuna’s defence team told the jury that Carlos Hernandez, not DeLuna, was the murderer. But the prosecutors ridiculed that suggestion. They told the jury that police had looked for a “Carlos Hernandez” after his name had been passed to them by DeLuna’s lawyers, without success. They had concluded that Hernandez was a fabrication, a “phantom” who simply did not exist. The chief prosecutor said in summing up that Hernandez was a “figment of DeLuna’s imagination”.

Four years after DeLuna was executed, Liebman decided to look into the DeLuna case as part of a project he was undertaking into the fallibility of the death penalty. He asked a private investigator to spend one day – just one day – looking for signs of the elusive Carlos Hernandez.

By the end of that single day the investigator had uncovered evidence that had eluded scores of Texan police officers, prosecutors, defense lawyers and judges over the six years between DeLuna’s arrest and execution. Carlos Hernandez did indeed exist.

Liebman’s investigator tracked down within a few hours a woman who was related to both the Carloses. She supplied Hernandez’s date of birth, which in turn allowed the unlocking of Hernandez’s criminal past as the case rapidly unravelled…

You should just go read the whole thing. Or for that matter, the original study.

This, of course, is one of the main reasons I oppose the death penalty. There are others, but this one is enough for a lengthy discussion…

Och! Wee bairns to be forced to work to 77

Admittedly, I’m mostly posting this for the opportunity to say “wee bairns” — which Walter Russell Mead beat me to, over on Twitter.

But I thought it interesting to put a bit more of a face on “austerity,” the concept that’s getting such a workout over across the pond:

Pension Crisis in Scotland?

U.S. states aren’t the only places facing pension crises at the moment: Underfunded and unsustainable pensions are wreaking havoc in Europe too. The Scotsman, in particular, is up in arms over new rules tying retirement to life expectancy; the paper describes the future under the rule changes as “a grim picture of aged toil.”

The gradual ratcheting up of life expectancy means that future retirees in the UK may be forced to continue working well into their seventies. And within the next decade, retirement age will rise from 65 today to 67. These changes will become more drastic as time goes on. Today’s toddlers may work until they turn 77, and their children are projected to work until they are 85.

The Scotsman (and others) shouldn’t forget the rather shiny silver lining to this supposedly ominous forecast: People may be forced to work longer, but that’s only because they are living longer too, and the new pension plan guarantees 20 years of coverage. Today’s youth may have to work until they are 77, but they can also expect to reach the ripe old age of 97 on average…

I’m with Mr. Mead. As austerity measures go, this one makes perfect sense. We should be be thinking more along those lines in this country.

Yeah, 77 is well up there. But it’s hardly the “grim picture” that the Scotsman would have it.

UnParty wannabe fails to pick candidate

OK, so maybe that’s a bit snide. After all, the real UnParty hasn’t even tried to pick a candidate — for anything, much less president. At least Americans Elect gave it a go.

But it didn’t work out, according to Politico:

Americans Elect, the deep-pocketed nonprofit group that set out to nominate a centrist third-party presidential ticket, admitted early Tuesday that its ballyhooed online nominating process had failed.

The group had qualified for the general election ballot in 27 states, and had generated concern among Democrats and Republicans alike that it could wreak havoc on a close election between President Barack Obama and Mitt Romney.

But just after a midnight deadline Monday, the group acknowledged that its complicated online nominating process had failed to generate sufficient interest to push any of the candidates who had declared an interest in its nomination over the threshold in its rules.

“Because of this, under the rules that AE delegates ratified, the primary process would end today,” said the group’s Kahlil Byrd in a statement issued at 12:01 a.m. Tuesday. He seemed to leave the door open for proceeding outside the original process, however, adding, “There is, however, an almost universal desire among delegates, leadership and millions of Americans who have supported AE to see a credible candidate emerge from this process.”…

When I first heard about Americans Elect sometime last year, I was briefly excited about it. I even spent an hour or so answering the seemingly never-ending questionnaire about my political attitudes that I found on the group’s website.

But before I could even get around to writing about it on the blog, I started having my doubts, and decided to sit back, wait and see.

What gave me pause was the online process itself.

The Web is an awesome tool for many purposes. It beats snail mail all hollow. It’s a great way to shop (as long as you don’t want to examine the merchandise closely). And it enables us to do all sorts of things we couldn’t do before — such as share videos — with a wide audience. And it can be used effectively in the service of many political aims — the first serious step in any campaign is the establishment of a Web presence.

But I worry when we start using it as a substitute for analog participation. I especially don’t like the idea of online voting — or any type of voting that makes the process too easy. Perhaps I should say, too facile. I believe excessive ease breeds carelessness, and we have enough careless voting going on right now. People should have to think about how they’re going to vote, and go to a certain amount of trouble to go cast their votes.

As for forming a political movement from scratch… well, I think maybe “Ivy Day in the Committee Room” might be a better approach than an Ollie-Ollie In Come Free online invitation. If you’re trying to forge a Third Way movement, it seems like you need maximum interaction among people committed to the ideas upon which your movement is based, honing the principles involved and deciding upon standard-bearers — then turning to the public for input.

Or so it seems. Admittedly, I’m sort of thinking out loud here, and I welcome your input.

In any case, the approach that Americans Elect chose was doomed to fail. With the process wide open, it was predictable that what happened would happen — the group ended up with Ron Paul as its top vote-getter. As I’ve noted in the past, one of the best ways to boost readership of a blog is to put “Ron Paul” in a headline. Paulistas love them some Interwebs.

The main two problems with that result were 1) Rep. Paul is far on the outer fringe of one of the parties, the very opposite of the kind of centrist candidate the group was seeking, and 2) He didn’t want the group’s nomination anyway.

What the group wanted was someone of the ilk of Joe Lieberman or Lamar Alexander — either one of which could have persuaded me to vote for the ticket. But sensible guys like that do not get spontaneously nominated by a mob. You have to put them forward deliberately, and promote them in a concerted manner.

The duel that wasn’t (so far as we know)

It looked like the sort of facetious thing that people say on Twitter and which are quickly forgotten. Yet Katrina Shealy seems to be pinning her hopes for unseating Jake Knotts on the substance of Tweet sent in 2010.

The Tweet in question is reproduced above.

Perhaps there’s more to it, but one couldn’t find it in either the story in The State this morning, or the post by Will Folks that apparently prompted it. (The story in The State seemed to be of that new variety we’re becoming accustomed to — one that the MSM would never have reported in the past without having nailed down all the facts first, but publishes now so as not to appear out of the loop. Neither Jake nor Ms. Shealy was reached before publishing the story, which speaks of a sense of hurry.)

Here are some of the questions that the story raises in my mind:

  • Did Knotts ever say anything to Haddon?
  • Did he actually challenge him to a duel? (Duels, of course, properly constituted, require that both parties be gentlemen. I don’t know Haddon, but Jake has never seemed the dueling sort to me. He’s more of the pick-you-up-and-throw-you-across-the-room kind of guy. Ask Dick Harpootlian.)
  • Is that Tweet Mr. Haddon’s response to the challenge? If so, it is both unclear, and doesn’t seem to follow the accepted forms. It takes more the form of barroom bluster than a formal reply. Perhaps if he would identify his seconds, we could ask them.
  • Has either Mr. Knotts or Mr. Haddon been “out” before (which in the age of dueling meant something different from what it means today)? Who would have the upper hand?
  • If there’s any substance to this, will Jake be barred in the future from conducting classes for those who wish to carry concealed weapons? He has taught such classes in the past. One hopes those classes have not involved standing back-to-back, or pacing off distances.
  • Does Ms. Shealy in any way have standing to be taking legal action in this matter? She thinks she does, because her aim is to bar Sen. Knotts from office. But how does that give her any more standing than any other constituent? It seems that only parties to the alleged duel would have standing. And of course, the Code would (I assume) bar a challenged gentleman from resorting to the courts in order to avoid the Field of Honor.

I, along with you, await answers to all of the above.

Whose hand is in whose pocket?

This morning, I ran into Samuel Tenenbaum and Henry McMaster having breakfast together. They asked me to join them, and I sat listening to their chat for several minutes before I had to ask the question I’d been thinking since I’d seen them:

Who is trying to get money out of whom?

As you may know, Samuel is the chief fund-raiser for the Palmetto Health system, and Henry now works raising cash for USC’s new law school.

When I asked that, two guy a  few feet away at the big round table of regulars there at the Capital City Club (Tom Persons and Jerry Whitley) both laughed out loud, because they had been thinking the same thing.

Samuel and Henry said “neither,” that they were just exchanging fund-raising ideas.

I got up and walked away, holding my coat pockets as tightly closed as I could…

Would a Mason by any other name be as trendy?

OK, here’s another hint as to why I’m thinking about guy stuff this week.

Did you see today’s news about baby names? It seems that “Mason” has joined the top five boy’s names this year, apparently because of something called a “Kardashian.” Which, of course, is appalling.

But mostly, the names are pretty stable.

Here are the top five for boys:

  1. Jacob
  2. Mason
  3. William
  4. Jayden
  5. Noah

And for girls:

  1. Sophia
  2. Isabella
  3. Emma
  4. Olivia
  5. Ava

I looked through the Social Security Administration’s Top Five database going back 100 years, and was interested to note that:

  • None of my daughters or granddaughters’ names were ever on the top five list. The names we call them by, I mean. One or two middle names made it.
  • Both of my sons’ first names did make the list, but only several years after each of them was born (indicating that they are trendsetters, I suppose).
  • Of all the very run-of-the-mill names that you might expect to rise to the top, it’s really kind of cool that Jacob and Sophia have been riding so high. Although, the more kids you run into with those names, the less cool it becomes, I suppose.
  • Jayden? Really? More than plain Jay, or Jason? Where did that come from.
  • Apparently, parents these days having girls are really into über-feminine names. As opposed to names popular earlier such as, say, Madison — which we actually considered naming one of our daughters, several years before it was popular.

Your Virtual Front Page, Monday, May 14, 2012

Bet you thought you’d never see another one. Well, I like to defy expectations, so here’s your top news at this hour:

  1. Greek deadlock heightens fears of full Europe crisis (WashPost) — And so we all watch with bated breath, especially if we are named Barack Obama — since this is the one thing most likely to mess up his re-election chances, totally beyond his ability to do anything about it. Of course, if Europe goes down the tubes, it will pretty much suck for the rest of us, too.
  2. Brown Asks Californians to Choose: Cuts or Taxes (WSJ) — Meanwhile, news from another failed state. No, really, I just like to check in now and then to see what’s happening with the original Gov. Moonbeam. Which I mean in a nice way — I’ve always liked Jerry Brown, and here we have him bravely trying to manage the unmanageable. In case you can’t read this version on account of the WSJ pay wall, here’s the NYT version.
  3. Bus service cutbacks go into effect (thestate.com) — Most riders knew about the changes, which were brought about by our ongoing failure to fund a decent transit system.
  4. Paul Ends Active Campaigning for Presidency (NYT) — You know what this means, don’t you? It means that from now on, when we type, “Mitt Romney, the last GOP presidential candidate left standing,” we won’t have to add, “except, you know, for Ron Paul. If you count him.”
  5. Algorithms: Ever-Growing, All-Knowing Path To Future (NPR) — Thought you might find this a fun read. Of course, I won’t be all that impressed with the power of algorithms until Netflix starts doing a better job of predicting which movies I’ll like.
  6. Brooks to learn of hacking charges (Guardian) — OK, this story isn’t that important, I just wanted an excuse to link to you pictures of that incredible head of red hair. Boudica lives!

Something else women would never think of

This week, we’re going to be celebrating the particular genius of the human male — why he is special and essential, as wonderful as women may be. I mean, as wonderful as they are.

I’ll explain why later.

Here’s something else (in addition to the subject of this earlier post) a woman would never think of.

Seriously. First of all, it’s hard to get most of them even to care about video games. You may have noticed this. But to think of inserting Bo Jackson into Super Mario Brothers to run the board? That is something that only the male of the species, with his uncanny willingness to sit and think about stuff like this for hours on end, could possible conceive. And to actually spend the time turning the idea into reality? Well, you have to have that extra bone in your head that the male is blessed with to achieve it.

Watch the video, and bask in the brilliance of the concept, even if the execution is a bit lacking (obviously, Bo should have been bigger, so you could see him better — but that leaves room for the next generation of guys to improve the concept, so it’s all good).