Discussing the SCOTUS' 5-4 decision that state law fraud claims are not preempted by federal labelling statutes, Ann Althouse notes:

This is one of those cases where state law is preserved, yet no one extols the values of federalism. No one even says the word "federalism," as the liberal Justices decide in favor state power, and the conservative Justices worry about "non-uniformity." The tort plaintiffs will be able to go forward with their case, and the cigarette companies must take their lumps.

Sounds like Prof. Althouse thinks some results oriented votes were cast in that case. I imagine they were. It reminds me of my dispute with Prof. Althouse over Bush v. Gore.

Speaking for me only

lilburro has a new diary on the intelligence community and the Obama Administration. Well worth the read.

This is an Open Thread.

The Democratic Strategist is publishing a series of white papers on Democratic electoral goals in the near future. Ed Kilgore (PDF) discusses the prospects for 2010. It is a good piece but, imo, buries the lede:

The “reaction versus realignment” debate over the implications of this year’s Democratic victory continues to percolate through the mainstream media and the blogosphere. For the record, I agree with Paul Starr’s assessment that it represents a “realignment opportunity” that could either succeed, fail, or hang in suspended animation, depending in no small part on the Obama administration’s governing ability (in conjunction with a Democratic Congress).

(Emphasis supplied.) No small part? Kilgore is the master of understatement here. It is, in my view, almost entirely dependent on the performance of the Obama Administration and the Democratic Congress. Obama will either be FDR or Jimmy Carter politically, imo. I doubt there is a middle ground. More . . .

Human Rights Watch released a report Sunday on the quality of criminal justice in Iraq.

This 42-page report documents how thousands of defendants in Iraq wait months or even years before facing a judge and hearing charges against them in the Central Criminal Court (CCCI), and cannot pursue a meaningful defense or challenge evidence against them. A US-Iraq security agreement that takes effect at year's end will transfer detainees held by the US-led Multinational Force to Iraqi jurisdiction, adding to the court's cases.

The 42 page report is available here (pdf).

Among the findings: [More...]

In his discussion at FDL, Paul Krugman wrote:

. . . I should say that I don’t buy the idea that inequality and stagnant wages, bad as they are, are responsible for the financial mess. You can have a fully employed economy producing disgusting luxury goods rather than middle-class necessities; it’s not nice, but it can work.

Perhaps that is true regarding the financial crisis, but is it true regarding our economic crisis? In the modern American economy, as Krugman himself notes, consumption is 70% of GDP. Even if the long term goal is to increase savings (also known by economists as "investment"), in the short term, can we have an sustainable economic recovery that does not cut income inequality and reverse wage stagnation? More . . .

Denver hasn't dipped to 15 degrees below zero since 1901. Wind chill factor is 36 below. I didn't even open the door today.

Our homeless shelters are operating above capacity. The Rocky Mountain News reports the Salvation Army may cut services despite increased demand due to lagging donations.

Yet, Senator-elect Mark Udall and his competitor broke fundraising records this year, taking in $20 million between them. At his first fundraiser for 2010 last week, Sen. Ken Salazar raised $400k in one night.

Politics over charity? Priorities, anyone?

Michael Isikoff of Newsweek scores a huge exclusive, NSA warrantless wiretap whistleblower Thomas Tamm's story, in his own words.

Exhausted by the uncertainty clouding his life, Tamm now is telling his story publicly for the first time. "I thought this [secret program] was something the other branches of the government—and the public—ought to know about. So they could decide: do they want this massive spying program to be taking place?" Tamm told NEWSWEEK, in one of a series of recent interviews that he granted against the advice of his lawyers. "If somebody were to say, who am I to do that? I would say, 'I had taken an oath to uphold the Constitution.' It's stunning that somebody higher up the chain of command didn't speak up."

[More...]

President Bush made a suprise visit to Iraq today. He said the war is not over, but "it is decisively on its way to being won."

As the two leaders shook hands in Maliki's private office, an Iraqi journalist hurled his shoes at the US president, shouting: "It is the farewell kiss, you dog." Bush was not struck.

Soles of shoes are considered the ultimate insult in Arab culture. After Saddam's statue was toppled in Baghdad in April 2003, many onlookers beat the statue's face with their soles.

The New York Times adds: [More...]

Open Thread.

Via lilburro, it amazes me still that sentences like these can still be spoken by supposedly respectable people:

Mr. Obama will soon face the same awful choices that confronted George W. Bush and Bill Clinton, and he could well be forced to accept a central feature of their anti-terrorist methods: extraordinary rendition. If the choice is between non-deniable aggressive questioning conducted by Americans and deniable torturous interrogations by foreigners acting on behalf of the United States, it is almost certain that as president Mr. Obama will choose the latter.

The writer is a former CIA official and is indicative of everything that is wrong with the intelligence community. They know nothing, learn nothing (torture does not work and never has) and of course have no moral compass (the writer thinks Bush and Cheney will be vindicated). The more I read from these people, the more I am convinced that the CIA requires a complete overhaul.

Speaking for me only

Yesterday, a legislative commission established to examine the death penalty in Maryland released its final report and recommended the death penalty be abolished.

"There is no good and sufficient reason to have the death penalty," Chairman Benjamin R. Civiletti said at a news conference. Regarding the commission's recommendation of repeal rather than reform, he said, "There are so many faults, so many flaws within the system that we could not imagine ... ways in which to cure it."

Ben Civiletti was the U.S. Attorney General under Jimmy Carter. I've had many conversations with him over the past decade as we serve on a board together, and while I admire him tremendously, I can assure you he's no "softie" on crime issues.

The chief findings in the report: [More...]

I am going to try and do a daily open thread that features the better diaries written by our readers. Today we have 2 new ones from Jacob Freeze - Obama's Crooked Muse, discussing the dealings betwen Penny Pritzker and the FDIC and Obama And FDR: The Politics of Low Expectations. We also have a new diary from lilburro, who has been stellar on the issues involving the intelligence community and Obama, Rand Beers for CIA Chief.

If you write quality diaries, I will be sure to feature them in an Open Thread. So please do. This is an Open Thread.