Donald’s “judge shopping” anti-liberal dog whistle tweets (Updated)

Update: I got two terms confused, “judge shopping” vs. “jurisdictional arbitrage.” I’ve updated the paragraph accordingly

On Tuesday, U.S. District Judge William H. Orrick of California stopped implementation of Donald’s executive order to eliminate money for sanctuary cities because it was likely unconstitutional. The case was heard by California because it had been brought by the city of San Francisco and Santa Clara County, both located in California.

And yet this is what Donald tweeted:

What part of “US District Court judge” did you not understand, Donald? Sure, if you sue, you’ll go through the 9th Circuit Court of Appeals, before you get to the Supreme Court, but you haven’t done that yet. Continue reading

United Airlines and its ‘calculated misery’: happy customers just aren’t needed to make money

The future of Oscar Munoz, the CEO of United Airlines, has just been re-accommodated.

You remember him, of course. After airport dragoons dragged a boarded, seated, paying customer off a United aircraft, Munoz’s first PR apology contained what Scholars & Rogues has called the “word of the year”: “I apologize for having to re-accommodate these customers.”

telemmglpict000125651009-large_trans_nvbqzqnjv4bqbe6o56qrl4zbrlmqqi7ubfvse9jsn00kzbur3ixhagoWell, that’s cost him. Munoz had been groomed to move upstairs from CEO to chairman of United Continental Holdings, the airline’s owner. (You do remember, of course, that Continental agreed to merge with United seven years ago.) Well, Munoz won’t get that top job.

United’s twin clusterfucks of policy execution (overbooking issues) and PR aftermath (“re-accommodated”) have derailed Munoz’s career — well, a little. He may lose about $500,000 from his bonus, because it’s tied in part to what airlines call KPI — key performance indicators, as indicated in consumer satisfaction surveys. But don’t shed a tear for Munoz — he received $18.7 million in total compensation for 2016, more than triple that of 2015. Continue reading

Anniversary journalism? Well, mostly it just sucks.

In early April 1970, I walked into the newsroom of my hometown newspaper and asked the editor if he knew anyone at the state department of natural resources. I’d just received my undergraduate degree in geology. I could do that kind of work for a while before I returned to university for master’s and doctoral degrees and to eventually live happily in Alaska as its state geologist.

best-earth-day-poster-ideas-pictures-2016I walked out of that newsroom as a journalist. (I lied about being able to type.) The editor needed another sportswriter but couldn’t hire one full time. He needed an environmental writer (the first Earth Day was two weeks away) but he couldn’t hire a full-time one.

I could do both, he judged. He hired me. I wrote about Sen. Gaylord Perry’s first teach-in on April 22. For the next six weeks, I wrote “green” and follow-up Earth Day stories in the afternoon, and local sports in the evening.

But come June, the editor asked for fewer “green” stories and more sports stories. By July, I’d more or less become a full-time sports writer.

In March 1975, five years later, I was asked to produce a slew of Earth Day anniversary stories. Then, a few weeks after Earth Day, no more stories. Ditto 10 years later and 15 years later.

That introduced me to anniversary journalism. I witnessed that with the rise of fall of Earth stories every five years in my newspaper and many, many others.

Continue reading

Visa review makes clear: Trump doesn’t think Americans are capable of greatness

Time to nominate a Handicapper General.

Here’s President Donald’s plan to make America #1: ban the competition.

Trump to order review of visa program to encourage hiring Americans

President Donald Trump on Tuesday will order federal agencies to look at tightening a temporary visa program used to bring high-skilled foreign workers to the United States, as he tries to carry out his campaign pledges to put “America First.” Continue reading

S&R at 10: Still thinking, ’cause it ain’t illegal, and we want to keep it that way

Fanaticism consists in redoubling your effort when you have forgotten your aim— George Santayana, 1863-1952

We’re not fanatics here at Scholars & Rogues. As our founder, Sam Smith, writes today on our 10th anniversary, our unruly mob of scholars and rogues believes in a “fierce commitment to confronting challenging questions facing ourselves, our society and our communities.”

S&R-logo-originalMany, if not most, of those challenges arrive at our digital doorstep because those who are fanatics have lost both their aim and their minds. We, as do you, routinely witness assaults on common sense, on dignity, on respect, and on intelligent public discourse.

We’ve tried to be more than mere witnesses here. When we’ve seen stupidity, we’ve shouted, sometimes whispered, “Hey! That’s not right. Don’t do that.”

But that’s not enough. To again paraphrase my favorite fictional president, Andrew Shepard, those who have lost their way or their minds on an issue do two things and two things only: Telling you to be afraid of it, and telling you who’s to blame for it.

Continue reading

The new-new Enlightenment and the Counter-Reformation

On lighting a fire for scholarly rogueship

US-nazi-flag.pngTen years is a long time, and it passes in a heartbeat.

When Sam invited me to join the Scrogues a decade ago, it was to be the ‘libertarian’ to counterbalance what he saw as a quite left-wing team of writers and scholars who were coming together to think deep thoughts about the world we wanted.

My opening gambit was to point out the dangers of low expectations of those whose betterment we seek.

In truth, perhaps our mistake was assuming high expectations for democracy and liberalism. Continue reading

Republican President Trump

It’s Donald’s party now. Make sure no one is allowed to forget it.

by djerrid

A piece of advice for Democratic message makers: There is no “President Trump.” There is only “Republican President Trump.”

Those who represent the Democratic Party should literally not say his name without putting “Republican” in front of it. Tying Republican Trump to the Republican Party should be done now so that it becomes an entrenched symbol of his identity in the minds of the average American voter. It will send a clear and obvious message that a major strategy of the Democrats is to put their counterparts in the tight and suffocating embrace of “their” president. Continue reading

S&R’s 2017 Word of the Year: “re-accommodation”

Is it too early to name something the ______ of the Year? Heck no. Let’s call it.

You probably saw where United Airlines CEO Oscar Munoz lamented the need to “re-accommodate” that uncooperative passenger.

What a word, that: “re-accommodation.” It doesn’t just apply to airlines – it’s application is nearly limitless.

Every night in bars across America bouncers re-accommodate unruly guests.

The US government re-accommodated the Japanese during WW2.

The US also re-accommodated the Native Americans. For example, they re-accommodated the Cherokees from NC to Oklahoma (although we have to come up with something better than “Trail of Tears”).

There’s some re-accommodation going on right now at Standing Rock. Continue reading

The only way to defeat Trump and his supporters

It’s about tribalism. You cannot work with Trumpists. Period. You must defeat them and then fix the problems that handed them control.

It is useless to attempt to reason a man out of a thing he was never reasoned into. – Jonathan Swift

Since the moment of Campaign 2016 when it became clear that Donald Trump actually had a chance, a lot of people have done a lot of thinking and pontificating and punditofying and writing and hand-wringing about the reasons for his viability. On one end of the spectrum: Donald gave the drooling, racist, misogynist, xenophobic, ignorant, anti-intellectual, hillbillies a cynical, smirking, dog-whistling charlatan they could line up behind. On the other, we’ve had all manner of thoughtful, complex analyses about how economic anxiety (and utter despair) fueled the rise of a non-partisan populist backlash against a political establishment that has spent decades betraying those it represents.

Both versions are compelling because each was built on a measure of observable truth. Continue reading

Gorsuch should be the Democrats’ deserved pound of flesh

Neil Gorsuch and Merrick Garland (image credit: CNN)

If I was a US Senator, here’s what I would do about the nomination of Neil Gorsuch to the Supreme Court, Democrats filibustering his vote, and the possibility of rule changes.

First, I’d let Gorsuch’s nomination fail. If it took a filibuster by the Democrats to kill it, so be it. After what Senate Majority Leader Mitch McConnell and Judiciary Committee chairman Chuck Grassley did to Merrick Garland’s nomination, the Democrats have a right to their pound of flesh. They’ve earned it. They deserve it. And if it takes a filibuster against Gorsuch to give them their pound of flesh, so be it.

Second, I’d tell Donald that I was going to let Democrats have their pound of flesh and to get his second choice option ready to submit, because he is going to need his backup nominee. Continue reading

American vs. unAmerican values, according to the Second Amendment of the Constitution of the United States

When it comes to the Second Amendment, only the extreme positions of banning all firearms or allowing unrestricted access to all firearms are unAmerican.

The Second Amendment (image credit: tenthamendmentcenter.com)

For other articles on unAmerican values, click here

Without the Declaration of Independence and the Constitution of the United States of America, the United States of America would not exist. As such, the values laid out in these two documents are, by definition, American values. And any values held in opposition to the values in these documents are, again by definition, unAmerican.

The Second Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Due to the unclear wording of the Second Amendment and the presence of an unexpected comma, the Second Amendment’s intent is vague. Until 2007, the Supreme Court had held that the Second Amendment applied to only the collective ownership of firearms of militias, most commonly understood to be the National Guards of the various states. In the District of Columbia vs. Heller decision, a 5-4 majority of the Supreme Court overturned this long history and held that the Second Amendment defined an individual right to possess firearms. Heller also held that the right was not unlimited, although exactly what limits are permissible has not yet been tested at the Supreme Court.

Ultimately, however, the confusing language and sentence structure of the Second Amendment means that Americans can hold a variety of opinions about firearms and still be aligned with American values. Continue reading

American vs. unAmerican values, according to the First Amendment of the Constitution of the United States of America

Values that run contrary to the Constitution of the United States of America are, by definition, unAmerican values. Let’s consider the rights defined by the First Amendment.

The First Amendment (image credit: Odyssey Online)

For a discussion of unAmerican values pertaining to the Declaration of Independence, click here.

Without the Declaration of Independence and the Constitution of the United States of America, the United States would not exist. As such, the values laid out in these two documents are, by definition, American values. And any values held in opposition to the values in these documents are, again by definition, unAmerican.

The First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

The United States was not founded as a Christian nation. It is not now and has never been a Christian nation. Anyone who wants the United States to be run in strict adherence to Christian morality – or Jewish or Muslim or Hindu or Wiccan morality – is advocating for an unAmerican position. Similarly, requiring prayer in a public school is also unAmerican. Continue reading

The Mature Society, pt 2: politics and leadership in the age of anti-science

Part 2 in a series.

by Dr. Michael Tracey

How stupid are Americans, anyway? And how much worse are our leaders?

Sen. Jim Inhofe (R-OK) explains climate change

Sen. Jim Inhofe (R-OK) explains climate change

Numerous events and curious beliefs – large and small – caught the eye, even before the election of 2008 and certainly beyond. Consider:

  • a CNN discussion on October 10, 2005, featuring the likes of Pat Robertson and Jerry Falwell, addressed the subject of whether recent climate events – the Christmas 2004 tsunami in Asia, hurricane Katrina in the late summer of 2005, an earthquake in Asia – actually presaged the end times, the Rapture and the second coming of Christ; Continue reading

Live in a rural area? Can you find a doctor when you really, really need one?

The vascular surgeon who removed my gangrenous gall bladder last month received his early medical training in Lahore, Pakistan. He’s been a member of the medical community in my rural valley for more than three decades.

eimyxgertMy primary-care physician for the past 20 years received his medical training in Taiwan. My urologist for a decade was an Iranian-American. The surgeon who removed a subcutaneous growth from my right elbow is a Pakistani-American. So is the internist who treated a pulmonary issue. He’s been here more than two decades.

Those who live in rural areas likely know, or have, doctors with surnames they might think uncommon. Yet all my foreign-born physicians are American citizens with deep ties to the community in which I live. They’ve taken good care of me.

But why have these wonderful doctors settled here, in rural America?

Continue reading

The Mature Society, pt 1: 1984 vs Brave New World

Part 1 in a series.

by Dr. Michael Tracey

We live in a moment of hyper-consumerism, uber-war and insidious surveillance by a vast security apparatus. But what might it look like if Orwell and Huxley were both wrong.

“The age of maturity that past authors were hoping would come seems not to be the destiny of humankind… Humanity is condemned to seek truth rather than possess it… This would be the vocation of our species: to pick up the task of enlightenment with each new day, knowing that it is interminable.”- Tzvetan Todorov, “In Defence of the Enlightenment.”

In The Empire Strikes Back, young Luke Skywalker asks his Jedi master, Yoda, whether the dark side is stronger than the good? “No,” Yoda replies, “easier, quicker, more seductive.”

Begin afresh, afresh, afresh…” Philip Larkin, The Trees

This essay is, in the first instance, impelled by a deep sense of disappointment at the immense gulf between the grand promise of this country, the United States, and its objective contemporary condition, the sense one has looking out across the landscape with squinted eyes that there is, as Milton writes in Paradise Lost, “Demoniac frenzy, moping melancholy, / And moon-struck madness.” Continue reading

Unnamed sources? Journalists should teach readers why they were used

On Thursday, four journalists for CNN reported:

The FBI has information that indicates associates of President Donald Trump communicated with suspected Russian operatives to possibly coordinate the release of information damaging to Hillary Clinton’s campaign, US officials told CNN.

CATEGORY: JournalismInformation. Indicates. Associates. Communicated. Suspected. Operatives. Possibly. Coordinate. Information. US officials.

Huh? Could this lede be any more vague? This lede is all may have — which leaves open the possibility of may not have.

The story, reported by Pamela Brown, Evan Perez, Jim Sciutto, and Shimon Prokupecz, contains unnamed sources in 10 of the story’s 18 paragraphs. The FBI director is named, but only in reference to stories reported earlier. White House spokesman Sean Spicer and Kremlin spokesman Dmitry Peskov are named, but only in chiding the findings of the story. Two paragraphs near the end of the story contain no sources and appear to be the conclusions of the reporters.

Continue reading

WordsDay: Literature

Jane Austen, alt-right heroine…say what…?

“I do not want people to be very agreeable, as it saves me the trouble of liking them a great deal.” – Jane Austen

Various news sources, both here in America and elsewhere, are claiming that Jane Austen, doyenne of English respectability, has become a heroine to the despicable group called by the all-too-euphemistic moniker the alt-right.

Jane Austen (image courtesy biography.com)

For any rational person (and my beloved Miss Austen was nothing if not rational) her embrace by such loathsome characters is both horrifying and bizarre. Conservative as she was (Austen found her contemporary Byron’s behavior wild and reprehensible, for example, violating as it did the established social mores of Regency England), Austen undoubtedly would have found the behavior of a number of the more well known figures of the alt-right movement equally reprehensible. One has a difficult time, indeed, imagining Miss Austen feeling able to tolerate being on the same planet, much less in the same room with creatures such as Richard Spencer and Milo Yiannopoulos.

The alt-right loves them some Jane, though – for reasons that mystify anyone capable of reading Austen’s work intelligently. Continue reading

Donald’s “America First” budget puts Americans dead last

Donald Trump at the Republican National Convention.

This is the America First budget. In fact, we wrote it using the president’s own words. We went through his speeches. We went through articles that have been written about his policies … and we turned those policies into numbers. (from NPR)

That’s what Mick Mulvaney, director of the White House Office of Management and Budget, said while briefing reporters on Donald’s proposed budget.

America first.

How does eliminating the healthcare of 24 million people put America first?

How does eliminating funding for the Independent Chemical Safety Board, which investigates industrial chemical accidents and ensures the safety of the public, put America first?

How does eliminating funding for the Corporation for Public Broadcasting, which ensures universal access and helps fund non-profit, community television and radio stations around the country, put America first?

How does defunding the organization that helps train and pay for minorities to access civil rights lawyers, the Legal Services Corporation, put America first? Continue reading

Nearly everything you need to know about TrumpCare

Trumpcare (image credit: NotionsCapitol)

TrumpCare’s first draft was written in secret. Obamacare was written largely in the public view.

TrumpCare was written over the course of a few weeks. Obamacare was written over the course of four months.

When drafting Trumpcare, Republicans didn’t get public input from doctors, hospitals, insurance companies, or patients’ advocacy groups. Democrats held public hearings with doctors, hospitals, insurance companies, and advocacy groups to get their input on early drafts.

TrumpCare was introduced to the House before the Congressional Budget Office had a chance to estimate how much money TrumpCare would save or cost, or how many people would lose their insurance. Obamacare went through multiple revisions, most of which were reviewed by the CBO. Continue reading