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Solly Mack

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Gender: Do not display
Current location: Back of Beyond
Member since: 2001
Number of posts: 72,422

About Me

Busy observing the group dynamics of dust bunnies.

Journal Archives

The GOP won't do anything, if even then, until the Kavanaugh vote and the midterms

Unless the Trump/Putin presser has clearly turned Trump into more a liability than asset. Which, judging from the most of the GOP comments, it hasn't. If they can spin it or ignore it, they will.

Pence wasn't picked as VP out of thin air. The GOP was always going to act if Trump proved to be more liability than help...but as most GOP candidates are running on team Trump for the midterms, that will be used as a measure of liability vs asset.

They also really want Kavanaugh.



Trump is attempting to dismantle the "administrative state" and Paul is all on board with that.

Administrative state agencies include the EPA, the CDC, the USDA among other regulations and oversight that keep Americans safe...or did, before Trump. (and others)


Donald Trump is presiding over the most withering, devastating, and trenchant attack on the American administrative state this nation has ever known

he administrative state, a pillar of modern American government, is tasked with making and enforcing economic and environmental regulations, designing and running social welfare programs, fighting crime and corruption, providing for the national defense and so much more.

Yet, in a little more than nine months, Trump has taken aim and hit his bull’s-eye. Far from the public’s gaze, he’s rescinded, rolled backed, and reversed countless environmental, labor, education, transportation, food and drug, and consumer protection rules and regulations.

Cast largely as liberty enhancing, these deregulatory efforts endanger the safety, health, and welfare of all Americans, not to mention a good deal of the rest of the world who depend on the United States to do its part to combat global warming, banking and securities fraud, and worker exploitation.

At the same time, Trump is vilifying the professional bureaucracy, that vast community of apolitical, career officials whose work it is to design, administer, and demand compliance with administrative regulations—and who are, by congressional design and longstanding practice, well positioned to question and challenge the directives of an abusive, impulsive, or simply hyperpartisan president.







Agencies under the "administrative state".


Administrative Conference of the United States
Agency for Healthcare Research and Quality
Agency for Toxic Substances and Disease Registry
Centers for Medicare and Medicaid Services
Central Intelligence Agency
Commodity Futures Trading Commission
Congressional Budget Office
Congressional Research Service
Consumer Financial Protection Bureau
Consumer Product Safety Commission
Drug Enforcement Administration
Farm Credit Administration
Federal Bureau of Investigation
Federal Communications Commission
Federal Deposit Insurance Corporation
Federal Election Commission
Federal Energy Regulatory Commission
Federal Housing Finance Agency
Federal Insurance Office
Federal Labor Relations Authority
Federal Trade Commission
Financial Stability Oversight Council
Food and Drug Administration
Institute of Education Sciences
Internal Revenue Service
Interstate Commerce Commission
National Center for Education Statistics
National Credit Union Administration
National Labor Relations Board
National Recovery Administration
National Security Agency
Occupational Safety and Health Administration
Office of Federal Contract Compliance Programs
Office of Financial Research
Office of Foreign Labor Certification
Securities and Exchange Commission
Securities Investor Protection Corporation
Transportation Security Administration
U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives
U.S. Bureau of Land Management
U.S. Centers for Disease Control and Prevention
U.S. Citizenship and Immigration Services
U.S. Customs and Border Protection
U.S. Department of Agriculture
U.S. Department of Commerce
U.S. Department of Defense
U.S. Department of Education
U.S. Department of Energy
U.S. Department of Health and Human Services
U.S. Department of Homeland Security
U.S. Department of Housing and Urban Development
U.S. Department of Justice
U.S. Department of Labor
U.S. Department of State
U.S. Department of the Interior
U.S. Department of the Treasury
U.S. Department of Transportation
U.S. Department of Veterans Affairs
U.S. Energy Information Administration
U.S. Environmental Protection Agency
U.S. Equal Employment Opportunity Commission
U.S. Federal Reserve System
U.S. Forest Service
U.S. General Services Administration
U.S. Geological Survey
U.S. Government Accountability Office
U.S. Government Publishing Office
U.S. Immigration and Customs Enforcement
U.S. Merit Systems Protection Board
U.S. Mission to the United Nations
U.S. Office of Information and Regulatory Affairs
U.S. Office of Management and Budget
U.S. Office of Personnel Management
U.S. Small Business Administration
U.S. Social Security Administration
United States Civil Service Commission


Raymond Kethledge - potential SCOTUS justice

I've done the Top 3 picks - Kavanaugh, Kethledge, and Barrett. ALL 3 would - given the chance - vote to overturn Roe v Wade or severely curtail a woman's right to choose. Anyone pretending otherwise is FOS. Any of the three will lie if asked about Roe v Wade during a confirmation hearing - waffling (lying) their answer to appear open. Giving a non-answer instead of the truth.


Raymond Kethledge



1 - Appointed by anti-choice President George W. Bush (and Bush is anti-woman - if you're anti-choice, you're anti-woman. You either agree women have the right to make reproductive choices or you don't - and if you don't, you're telling me that you get to make my choices for me and that I don't matter.)

2 - He was the Judiciary Committee counsel for anti-choice Sen. Spencer Abraham (R-MI) while Sen. Abraham was pushing for the Federal Abortion Ban.

3 - He supported the Supreme Court nomination of Samuel Alito; Alito became the fifth vote to uphold the constitutionality of the Federal Abortion Ban.

4 - Kethledge has contributed to anti-choice candidates and elected officials including Spencer Abraham, George W. Bush, Joe Knollenberg, and Keith Butler.

5 - Kethledge is active in the conservative, anti-choice Federalist Society.


Kethledge is a strong "originalist" - the same as the died-way-too-late Scalia. Kethledge is also a hardcore "religious liberty" judge. Yes, that would be "religious liberty" as defined by the religious right.

Kethledge is also a challenger of the "administrative state'" - meaning regulatory agencies/social services - meaning he would rather dismantle the power of regulatory agencies - like what Pruitt did to the EPA and what Trump will continue to do with his next appointment.

If you reverse all regulatory actions that serve the people, you end up with Trump world - where the EPA now thinks clean water is overrated. Now apply that thinking to all social service agencies that regulate and serve the greater good. (USDA, Civil Rights offices within agencies and offices of government, etc..)

Kethledge is exactly like Gorsuch in that regard. Both Gorsuch and Kethledge believe the "Chevron" standard - "which requires that courts defer to agency interpretations of federal law" - gives too much power to agencies like the EPA to regulate what businesses and people do.



Amy Coney Barrett

Brett Kavanaugh


OK. I'm done now.


Brett Kavanaugh - potential SCOTUS justice



Garza v Hargan:Garza revolves around Jane Doe (as she is described in court filings), an undocumented minor who came to the United States in September without her parents. The government placed Doe in a federally funded shelter, where she learned that she was pregnant. She requested an abortion, but the shelter refused, following guidance issued by the Office of Refugee Resettlement—a wing of the Department of Health and Human Services that oversees shelters for undocumented, unaccompanied minors like Doe. In March, ORR announced that these shelters could not take “any action that facilitates” abortion for unaccompanied minors, including “scheduling appointments, transportation, or other arrangement,” without “direction and approval” from Scott Lloyd, the agency’s director.

Lloyd, a Trump appointee and anti-abortion activist, refuses to provide such approval. Instead, he directs shelters to take pregnant minors to “crisis pregnancy centers” to be “counseled” out of their decision. At least once, he has also personally called a minor to urge her not to terminate her pregnancy. Doe’s shelter took her to a crisis pregnancy center, but it did not change her mind

A staff member at the shelter then called Doe’s mother and informed her that her daughter was pregnant. Still, Doe wanted the abortion. She went before a state judge and obtained judicial bypass, as required by Texas law when a minor wants an abortion without parental consent. But the federal government declined to honor the judge’s decision. It ordered the shelter to prevent Doe from getting the abortion that, under Texas law, she is legally entitled to obtain.






More

Despite the fact that Doe has been granted a judicial bypass by the Texas courts, and despite a federal court having ordered that she be allowed to have the procedure, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit refused to order the Department of Health and Human Services to allow her to have the procedure. In four weeks she will be too far along in her pregnancy to terminate in Texas, yet the federal appeals court told HHS last week that they now have 11 days to find a sponsor to take charge of Jane Doe. That is a process that can take months. This week, her lawyers asked the full D.C. Circuit to revisit that decision.



Jane Doe, a pregnant teenager currently staying at a shelter for unaccompanied immigrant children in Texas, has been prevented from getting an abortion by the Office of Refugee Resettlement (ORR). She has already been subjected to egregious delays to her medical care as well as counseling and procedures without her consent:

1 - The Department of Health and Human Services required her go to a government “approved” counselor at a religiously affiliated, anti-abortion “Crisis Pregnancy Center,” which urged her to continue her pregnancy.

2 - Federal officials forced her to have a medically unnecessary sonogram against her will.

3 - ORR blocked her from travelling to her medical visits, even after judicial authorization and after her court-appointed attorney and guardian have offered to provide transportation to the abortion provider. She has also secured private funding for her abortion.
Federal officials told Jane’s mother about her abortion despite her clear wishes not to tell her parents and despite Jane getting a court order under Texas law to consent to her abortion without notification of or consent from her parents. Jane did not want to involve her parents because they were physically abusive to an older sister who became pregnant.

On October 25, Jane Doe obtained an abortion


In December, the ACLU became aware of two additional unaccompanied immigrant minors in ORR custody in two additional states (other than Texas) who sought but were refused access to abortion by ORR. On December 15, we returned to court seeking another temporary restraining order prohibiting the government from blocking these young women (known as Jane Roe and Jane Poe in court papers) from accessing abortion.

The government contended that because Jane Roe and Jane Poe are in the government’s care, the government is entitled to determine what it thinks is in their “best interest” and act accordingly; however, in the states in which these young women are detained, even a parent could not veto a minor’s decision to obtain an abortion.



Judge Henderson dissented, arguing that J.D. (Jane Doe) was not a “person” under the Due Process Clause, and thus did not have the same abortion rights citizens do.

In other words, immigrants at the border/ in detention don't have rights under the Constitution because they aren't recognized as "people" under said Constitution.




Judge Kavanaugh also dissented, joined by Judges Henderson and Griffith. He defended the panel’s decision allowing more time to find a sponsor who could remove J.D. from ORR’s custody, characterizing the en banc majority’s decision as creating “a new right for unlawful immigrant minors in U.S. Government detention to obtain immediate abortion on demand.”
39. Id. at 752 (Kavanaugh, J., dissenting).

Instead, he would have held that sponsorship is not an undue burden, arguing that avoiding the need for the government to facilitate the abortion successfully balances the parties’ interests.

Kavanaugh earlier suggested the young girl could wait until she had a sponsor who would "facilitate" an abortion, though she already had been waiting and Texas law has a 20 weeks cut-off. The longer she had to wait the less likely she could get a legal abortion.

The government (Trump/Sessions) threw up all kinds of roadblocks and even knowing this, Kavanaugh still claimed there was no undue burden on the young girl to obtain a sponsor in order to get an abortion. Kavanaugh also argued that the government had a vested interest in forcing the young girl to carry her child to term.






Amy Coney Barrett would vote to overturn Roe V Wade

Raymond Kethledge

Precedent and Jurisprudential Disagreement (stare decisis) by Amy Coney Barrett

Precedent and Jurisprudential Disagreement from the Texas Law Review, 2015.


III. Institutional Legitimacy and Reliance Interests

Because stare decisis is relatively weak in constitutional cases, the moderating function is the main contribution of the constraint against overruling in cases involving deep-seated jurisprudential disagreement. It forces the Court to proceed cautiously and thoughtfully before reversing course, but it does not force the Court to retain precedent. Yet while this may be consistent with the Court’s actual practice, it is contrary to the arguments of those who have argued in favor of a significantly stronger role
for stare decisis in constitutional cases.89

It also arguably gives short shrift to the risks associated with departures from precedent—in particular, preservation of the Court’s institutional legitimacy and the protection of reliance interests.90 This Part considers those concerns in turn and concludes
that even a weak system of constitutional stare decisis protects institutional legitimacy and reliance interests more than is commonly supposed.

A. Institutional Legitimacy

Leaving room for new majorities to overrule old ones allows changed membership to change what the Court says the Constitution means. One of the stated goals of stare decisis, including stare decisis in constitutional cases, is institutional legitimacy, both actual and apparent.91 If the Court’s opinions change with its membership, public confidence in the Court as an institution might decline.92 Its members might be seen as partisan rather than impartial93 and case law as fueled by power rather than reason.94 Others have challenged the view that protecting the Court’s reputation is a valid reason to retain precedent.95 Akhil Amar captures the criticism well:

“ It does not seem to me that when the Supreme Court has made a mistake, it ought to respond by not telling the citizenry because it fears that the American people cannot handle the news.”96


But even assuming that the Court should make decisions with an eye toward its reputation, there is little reason to think that reversals would do it great damage. Stare decisis is not a hard-and-fast rule in the Court’s constitutional cases, and the Court has not
been afraid to exercise its prerogative to overrule precedent.97 Still, public confidence in the Court remains generally high.98 Moreover, members of the public (and particularly elites) regularly argue that the Court should overrule certain of its cases.99

If anything, the public response to controversial cases like Roe reflects public rejection of the proposition that stare decisis can declare a permanent victor in a divisive constitutional struggle rather than desire that precedent remain forever unchanging.


Court watchers embrace the possibility of overruling, even if they may want it to be the exception rather than the rule. The “protecting public confidence” argument seems to assume that the public would be shaken to learn that a justice’s judicial philosophy can affect the way she decides a case and that justices do not all share the same judicial philosophy.1

Cheeto American from the orange cheese portion of Earth's moon. (That's science. Period - Spicer)

(or an alternative fact - KA Conway)

Their skin becomes a soft squishy pinkish red away from their native cheesy land and they need to use orange spray tan to achieve their normal skin hue.

You'll know them mainly by their orange skin and freakish hair. A separate living organism that attaches itself to the heads of Cheeto babies shortly after they are plucked from the Cheeto mother tree. All Cheetos® come from the same mother tree.

Cheeto-Americans can be easily found (and avoided) due to their constant braying over every little slight - real or imagined.

Lying is how they breathe and Cheeto-english is their primary language.

Cheeto-english is sort of a Palinesque off-shoot mixed with gibberish, but said with as much braggadocio as possible. Native speakers are known for repeating the same words over and over again, as well as pursing the lips into the shape of a hen's ass to achieve the proper Cheeto desired effect.

Cheetos® can breed with humans but the resulting offspring is expensive to maintain and useless in function.

To date, there has only been one Cheeto to make the trip from the orange cheesy nether regions of Earth's moon. Fred Trump touched down on earth some 112 years ago. He was allowed to stay and granted citizenship. His son, Donald, much like the artificial representation of cheese his skin hue suggest, is also an artificial representation of a human.


The End.








Besty Devos lied about the history of school choice and she knows she lied.

Education Secretary Betsy DeVos offered a positively Orwellian explanation Monday of why historically black colleges and universities were created in the United States. Incredibly, she suggested that they were “real pioneers” in the school-choice movement and “started from the fact that there were too many students in America who did not have equal access to education.”



But the truth about school choice is:

Once schools were desegregated, white people would start inexpensive private schools to keep their white children from attending public schools with black children.

And - this is the actual birth of "school choice" - those all white segregation academies demanded taxpayer vouchers to pay their tuition.

Same thing DeVos supports now. Taking money away from public schools to fund vouchers in the name of "school choice".

So, school choice began as a racist response to school desegregation. White people not wanting their kids to attend public schools with black students.

Betsy DeVos told a huge lie about HBCU and school choice and she knows she lied because she knows the racist history of school choice/vouchers in America, but pretends she doesn't. I don't think she would have tried to link "school choice" with HBCU if she didn't know the racist history of school choice - in an attempt to downplay that racist history. Which makes her statement that much more egregious.


Segregation Academies and Other History Stuff by me

And, to add, because my research was used by a school district in New Jersey to fight against vouchers and taking public school funds away from public schools.

More on Segregation Academies.

In Southern Towns, 'Segregation Academies' Are Still Going Strong


Yes, that is what she means. If a president does it, regardless of what it is, then

it is presidential by definition, since the word presidential can simply mean, relating to a president.

So if a president does it, it's presidential.

Now, you and I, and everyone else hears - acting in a manner befitting the office of president.

But that's not the meaning she is going with.

So, when Trump breaks law after law after law, and lies and steals, and whatever, Conway will continue to use the simple definition. Because a president does it, it's presidential. She's taking the Nixonian stance and expandng it out to include everything - not just breaking the law. Recall how Trump has already said as much - "‘the president can’t have a conflict of interest’".

People read that statement and think of course a president can have a conflict of interest - anyone can. But Trump means it the way Nixon did it. As president, he is above such considerations. Why? - because he's president and anything a president does is, by definition, presidential.

And around and around we go!

Oh, and yeah - she is full of shit but that won't stop anything.

On Trump, PTSD, and being a Coward.

I wrote this in 2005. I am including both the link to the original article and the article itself.


June 8 2005

A question was recently posed asking at what point do American soldiers in Iraq and Afghanistan cross the line and go "from duty to brutality."

It's an excellent question and one that needs to be asked. More importantly, it needs to be answered. Yet Americans can't look to the office of the president for the answer, because the president is too busy denying that there is a problem. The president believes that reports of torture and abuse are "absurd" and that a "few bad apples" are to blame.

What he ignores are the horrors of war for both the civilian and the soldier. What he ignores are the crimes being perpetuated in every American's name. What he ignores is the damage caused by his personal quest for glory and a place in history.

George Bush's illegal war has brought not just death, but with his lies and denials, George Bush has given America yet another dark stain on her short history as a nation - the consequences of which have yet to be fully realized. George Bush will tell you he is keeping America safe. I will tell you that he is bringing death and destruction to all involved that will be felt for years to come.

While Bush is busy ignoring and denying war crimes - and not because such things speak ill of America, but because of his own involvement in those crimes - American troops have been learning, first-hand, what causes a soldier to cross the line between doing their duty and becoming a war criminal.

But I can't live in George Bush's denial. I can't embrace his lies. You see, my husband is a soldier. He spent a year in Iraq.

The question of soldiers crossing the line and becoming war criminals comes up a lot in our home. We talk about this all the time. My husband was lucky - not just because he survived, though I'm not discounting that in the least, but because when he saw other soldiers crossing that line, he told his command. He kept his humanity.

My husband has never killed anyone. Odd statement that. It's not a brag, it's a sigh of relief. I'm not sure how to help others feel the emotion those words can bring. "He never killed anyone." It's like missing the collision but still being on the highway driving at top speed with no brakes. Every close call is punctuated by "this time."

So we talk.

"Why do some soldiers cross the line?"

Because some soldiers are already crazy, and some soldiers go crazy during war. Because some soldiers just don't care and they buy the lies and the hate, and because some soldiers just go along with the crowd. Some soldiers are just so scared, they don't think.

"But when it comes to war, you aren't trained to think, you're trained to react."

That's not true. The catch is, if you react without thinking you'll endanger everyone (civilian and soldier alike). Those are the worst soldiers - the ones who do not think. They might survive the war but they'll lose the battle - they have become damaged humans.

"What makes the difference?"

The character you carry within you. That moment of choice - and you choose the right path. You never know really. Different things for different people keep them from crossing the line. Some would never think to cross it and some have to fight that struggle each and every moment. Some are just lucky.

"And you?"

I don't know. Some things just never cross your mind. I didn't think of why I didn't do something, I just didn't do it.

"And what is your lasting memory of Iraq?"

The little girl.

The little girl had leprosy. He met her early on. Her disease was so advanced she was dying from non-treatment. In her entire short life, she got next to no treatment. My husband carried her dying body, along with her mother and father, through three cities seeking help for her. He couldn't find it. Iraqi doctors too scared or wanting money (to survive with) and American medics not concerned.

He finally reached into his wallet, took out all his cash, then gave it to an Iraqi doctor. The doctor helped the child die comfortably because that's all they could do for her by then.

That's what my husband brought home. That's what he remembers most about Iraq.

He still twitches in his sleep. He still cringes when we drive near a bridge. Narrow roads make him jumpy - but all that's gotten better over time. It used to be way worse. It's the little 7-year-old girl that will haunt him forever.

What makes a soldier cross that line?

I don't know but some do, and they have gone to a place inside themselves I can't begin to understand. But it's the ones that don't cross that line that live with heartaches that I'll never be able to imagine, and they are the ones you and I will never hear about. Their pain doesn't make the news.

Those soldiers come home from George Bush's illegal war, to the lies and the cover-ups and the denials, and will be forgotten and overlooked because our president doesn't just ignore the "bad apples" and deny the torture, he ignores and denies all of the troops.



October 4, 2016


I wished it took a special kind of callous indifference to the pain and suffering caused by war (as displayed by Trump), but it has been my experience that far too many people willingly embrace any excuse to forget or downplay the horrors that war can bring. Both during and after, the toll on the human body, both mentally and physically - crippled by the unrelenting fear and terror, the anguish that stays with you, and a sorrow so deep a person never really feels whole again - can't be bargained away by treaty or set right by diplomacy.

For those who have suffered the cruelties of war, the end is seldom the end.

You carry it with you always.

A very human reaction to the inhumanity of war is something Trump will never understand. He can't.

To do so would require him to tear down the braggadocian facade he hides behind and admit he's afraid. Make no mistake, Trump is afraid. Everything and everyone he attacks is a source of nightmares for Trump. Persons of color and women cause him to feel great fear. For anyone to even question that he might not do everything (or anything) particularly well is seen as an attack against his character and his abilities. And like any all-too-typical coward, he's a bully who hopes his bravado will disguise his weaknesses.

It doesn't. It never will.




My husband still dreams of that little girl. He always will.


Thank you,

Solly Mack
















Free Film "Selma: The Bridge to the Ballot" for Educators/Civic Groups

Selma: The Bridge to the Ballot is the true story of the forgotten heroes in the fight for voting rights—the courageous students and teachers of Selma, Alabama, who stood up against injustice despite facing intimidation, arrests and violence. By organizing and marching bravely, these change-makers achieved one of the most significant victories of the civil rights era.

The sacrifices of those who fought so hard for equality should never be forgotten. In the 2012 presidential election, more than 90 million eligible voters did not go to the polls. In the 18–24 age group, only six out 10 voted. And, in 2014, voter turnout dropped to a 72-year low.

This 40-minute film, narrated by Academy Award winner Octavia Spencer, is a crucial reminder that each of us has the ability to bring about powerful social change and will help inspire young people and communities across the nation to exercise their right to participate in our democracy.



Selma: The Bridge to the Ballot


Brought to you by




If you are an educator or part of a civic group you can order this free film as a teaching aid. March 25, 2016 (March 25, 1965) marks the anniversary of the march from Selma to Montgomery. Get the film, then host a screening as both a celebration and a reminder of how important it is to vote, the struggle to vote, and to never stop fighting against voter suppression.

I've ordered mine.






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