Senator Jefferson Beauregard Sessions, III has proposed an extraordinary Constitutional theory - that 14 Senators have the power to amend the Constitution. First, let us revisit Sessions' views on Senate confirmation of judicial nominees:

“One of the many reasons why we shouldn't have a filibuster, an important one, is Article I of the Constitution. It says the Senate shall advise and consent on treaties by a two-thirds vote and simply 'advise and consent' on nominations,” he said in a 2003 floor statement. "Historicaly, we have understood that provision to mean -- and I think there is no doubt the Founders understood that to mean -- that a treaty confirmation requires a two-thirds vote, but confirmation of a judicial nomination requires only a simple majority vote."

While this reading of Article I is not supported by the text, what is really extraordinary is Sessions' views on how the Constitution can be amended:

Glenn Greenwald visits the twisted minds of the Weekly Standard:

Joscelyn insists that -- even though they've never been charged with, let alone convicted of, anything -- these men are guilty, evil Terrorists. To make his case against them, he relies on Bush-era documents containing unproven, untested, and uncharged allegations. But what he dishonestly -- though understandably -- fails to note is that each of these individuals are available to appear in the ACLU video because they were released from Guantanamo by the Bush administration [. . .] If, as Joscelyn claims, the ACLU are Al Qaeda's "useful idiots" for producing a video containing interviews with these individuals, what are Bush officials who released them onto the streets?

(Emphasis supplied.) Straight from the Ed Meese School of Constitutional law:

[F]ormer Attorney General Edwin Meese III, [. . .] when asked whether “suspects” should have the right to have a lawyer present before police questioning, replied “Suspects who are innocent of a crime should. But the thing is you don’t have many suspects who are innocent of a crime. That’s contradictory. If a person is innocent of a crime, then he is not a suspect.”

(Emphasis supplied.) This is a decades long story for Republicans and conservatives. They have long believed in a police state.

Speaking for me only

Brad DeLong is optimistic for where I sit:

For 2 1/4 years now I have been saying that there is no chance of a repeat of the Great Depression or anything like it--that we know what to do and how to do it and will do it if things turn south. I don't think I can say that anymore. In my estimation the chances of another big downward shock to the U.S. economy--a shock that would carry us from the 1/3-of-a-Great-Depression we have now to 2/3 or more--are about 5%. And it now looks very much as if if such a shock hits the U.S. government will be unable to do a d----- thing about it.

(Emphasis supplied.) 5%? That's all? That is clearly unduly optimistic. Of course, we probably have to define our terms. If GDP is your bible, then the question is how do you describe a double dip recession with the second dip lasting 18 months or so? Cuz there clearly is more than a 5% chance of that right now. And for the more populist among us, the unemployment rate is certainly getting us to 2/3 of a Great Depression. In a way, the economic situation really illustrates the great disconnect between elites and the general population.

Speaking for me only

Too often, "progressives" have excused the blatant sexism directed at Sarah Palin (as they did when it was directed at Hillary Clinton, their enemy during the 2008 primaries), I guess because she is a political opponent.

That is a bad approach. Sexism is wrong whomever it is directed at.

See also the stalwarts Shakes and echidne. Also see Brad Delong.

Speaking for me only of course.

This is an Open Thread.

Are we learning yet?

Senator Ben Nelson, Democrat of Nebraska, says he is not sure he is ready to help a Democratic health care proposal clear even the most preliminary hurdle: gaining the 60 votes his party’s leaders need to open debate on the measure later this week. Two of his fellow Democrats, Senators Mary L. Landrieu of Louisiana and Blanche Lincoln of Arkansas, are proving tough sells as well, raising the prospect that one or perhaps all three of them could scuttle the bill before the fight over it even begins on the Senate floor.

Enough of this. If they do not want to proceed to a majority vote on the bill, then it is time for the "more contentious procedural shortcut around the need for a 60-vote majority." Let's go through the motions I suppose, but once they say No, time to move on and keep them out of the room. Time for the 50 Senators who will vote for health care reform to craft the best bill they can that will garner 218 votes in the House. It is time.

Speaking for me only

We've been busy today and I'm not quite up to speed on the news.

It's also time for V and DWTS, and my Saigon soft-shell crab dinner just arrived.

Here's an open thread, all topics welcome, whether about news, tv, food or anything else that's on your mind.

The Second Circuit Court of Appeals today affirmed the convictions of defense lawyer Lynne Stewart, whose phone calls with her client Sheikh Omar Ahmad Ali Abdel Rahman were taped at the MCC, and her codefendants on all charges, including providing material support to terrorists.

The opinion is here. The Court did not uphold the sentence, and remanded for resentencing:

We therefore remand the cause to the district court for further consideration of her sentence, in light of, among other things, the charges of perjury against her and of any other matter it deems necessary or advisable, and direct the court to revoke Stewart's and Yousry's bail pending appeal and to order them to surrender to the United States Marshal to begin serving their sentences forthwith.

[More...]

Are we learning yet?

“For the final vote," says Evan Bayh, "I see no distinction between substance and procedure.” That is to say, if he decides to vote against the bill, he'll also vote against breaking a filibuster.

How about now?

Senate Majority Whip Dick Durbin isn't inflating anybody's expectations about Harry Reid's chances for passing a health care bill with a public option on the Senate floor. On MSNBC last night, Durbin said it would be a hard slog. "We're working on it, struggling," he said.

I think the real question is what form of a health care reform bill can garner 50 votes in the Senate and 218 votes in the House via the reconciliation process. Regular order is dead. Maybe the Village will start dealing with that reality soon.

Speaking for me only

Pittsburgh U.S. Attorney Mary Beth Buchanan is officially out of office. Her one regret: Accepting a plea deal from Tommy Chong. I take that to mean she's sorry she didn't force him to trial so she could have slammed him with more than 9 months for selling bongs on the internet.

She made no secret that she wanted President Obama to keep her in office. Good for him for declining. Her chief legacy will be Tommy Chong, who, via Celeb Stoner, responded:

"I'm honored to be Mary Beth's only regret. Now does she regret going after me? Or does she regret that I never got enough time? I tend to think she wishes she'd never heard my name. I have become her legacy. Mary Beth Loose Cannon is now looking for a job. She blew her last job busting me. Karma is so sweet! She's looking for a work while Cheech and I start our second multi-million dollar tour thanks to the publicity she created for us! Thank you Mary Beth - may you find peace and happiness in your search for your soul."

Another over-the top prosecution (and failure): That of Cyril Wecht.

The Government has agreed to sever the trial of William Cellini, a co-defendant of former Ill. Governor Rod Blagojovech. The reason: After dismissing the charges against deceased Chris Kelly, who was the link between Cellini and Blago (and because Cellini's charges, while he was named an unindicted co-conspirator in Blago's counts, had very little to do with either Blagojevich brother, absent the tie-in from Kelly,) the Government agreed that it was fairer to try Cellini separately. So the Government filed a motion, with which Cellini's lawyers agreed, that Cellini's trial should be severed and proceed after Blagojevich's trial. The Court approved.

Blagojevich's Chief of Staff, Robert Harris, agreed to an early plea deal, so he's gone. Last month, another co-defendant, Alonzo Monk, took a deal for 24 months in exchange for cooperating against Blagojevich (plea agreeement here.) Now that Cellini, Monk and Kelly are gone, the only two left are Rod Blagojevich and his brother Robert Blagojevich.

Another busy day ahead.

This is an Open Thread.

Sarah Palin better have a back-up plan. A new Washington Post poll shows 60% of Americans say she's unqualified to be President.

[H]er favorability rating remains stuck well below what it was when she first emerged on the national scene at last year's Republican convention....if the goal is the White House, public opinion is now tilted against the idea: asked if they would consider voting for Palin in 2012, 53 percent say they would not.

A CNN poll shows similar numbers. (Added: Same for a new CBS poll.) I don't think she's serious about running for anything. She appears to be into making money -- and sales from her book are her main income right now. I just wish Levi would stop helping her. Today he's threatening a custody battle, which will only keep the family in the news. Sarah is not an Internet buzz.

And more Sarah book fallacies, this time on the timeline of when the McCain campaign knew about her daughter's pregnancy. [More...]

Illinois Governor Pat Quinn is in favor of moving Guantanamo detainees to the almost empty Thomson Correctional Center, 150 miles from Chicago. (Background here.) So are local residents. It would be an economic boom to the area -- up to $1 billion over four years.

Who objects? Republicans.

House Republican Aaron Schock of Peoria plans to introduce a measure aimed at prohibiting the use of federal dollars to move the detainees to Thomson...The spokesman for Schock said House Republicans Tim Johnson, John Shimkus and Peter Roskam, all from Illinois, have agreed to sign on to the measure and efforts were ongoing to bring all seven GOP House members from Illinois on board.

If the deal goes through, it will be at least as secure as Supermax, and detainees would not be allowed to have visitors (other than legal counsel.)

Alabama Senator Jeff Sessions says he will filibuster the nomination of Indiana federal judge David Phillips to the 7th Circuit Court of Appeals.

Sessions conceded that he probably lacks the votes necessary to ultimately prevent a final vote on Hamilton's confirmation....Decrying Hamilton's "steadfast resistance" to informed consent abortion laws and other positions that the Obama nominee has taken on the bench goes beyond the norm, Sessions argues.

A vote could take place tomorrow. Democrats likely have the votes necessary to confirm Phillips.(Even Sen. Dick Lugar (R-Ind.) will vote for Phillips.)

Roll Call reports Obama is ready to step up the pace of judicial nominations.

Via the Oregonian:

Oregon opened another chapter in U.S. marijuana history when at 4:20 p.m. Friday, about three dozen people christened the nation's first cafe for licensed residents to sit down, sip coffee and smoke marijuana.

...Excited patrons spilled down the outside steps at 700 N.E. Dekum St. as the cafe prepared to open at the appointed hour -- "420" being slang for using marijuana. In line were military veterans, grandmothers, young workers, men and women, old and young, black, white and Latino.

The Los Angeles City Council today rejected a proposal to ban sales of medical marijuana. And in Colorado, Attorney General John Suthers issued a legal opinion that medical marijuana sales are subject to taxation, and dispensaries must obtain a sales tax license.