J is unavailable today. I should be around.

Open thread.

Today is National Signing Day for college football recruits. In the only news that matters, new Florida coach Will Muschamp is doing decently in holding the recruits Urban Meyer had lines up, but is not adding much to the class. Probably a Top 15 class. Next year is when you can judge Muschamp on recruiting.

Open thread.

In an editorial yesterday extolling Judge Vinson's decision striking down the health bill, the Wall Street Journal wrote:

Judge Vinson introduces ObamaCare to Madison and Marshall.

[. . .] Federal Judge Roger Vinson opens his decision declaring ObamaCare unconstitutional with that citation from Federalist No. 51, written by James Madison in 1788. His exhaustive and erudite opinion is an important moment for American liberty, and yesterday may well stand as the moment the political branches were obliged to return to the government of limited and enumerated powers that the framers envisioned.

Perhaps the Wall Street Journal needs an introduction to James Madison. From Federalist 44:

Discussing Judge Vinson's ruling on the health bill, Orin Kerr writes:

If you are an originalist, [. . . i]f you’re a libertarian [Judge Vinson's ruling] is [. . .] very appealing [. . .]. But there’s a technical problem here that I want to draw out: Judge Vinson is only a District Court judge. Under the principle of vertical stare decisis, he is bound by Supreme Court precedent. See, e.g, Winslow v. F.E.R.C., 587 F.3d 1133. 1135 (D.C. Cir. 2009) (Kavanaugh, J.) (“Vertical stare decisis — both in letter and in spirit — is a critical aspect of our hierarchical Judiciary headed by ‘one supreme Court.’”) (citing U.S. Const. art. III, § 1). [. . . T]he judge has to apply the doctrine established by the Supreme Court and has to ignore the original meaning.

[. . . Y]ou have to confront the doctrinal test that the U.S. Supreme Court offered in a majority opinion just a few months ago in United States v. Comstock:

[I]n determining whether the Necessary and Proper Clause grants Congress the legislative authority to enact a particular federal statute, we look to see whether the statute constitutes a means that is rationally related to the implementation of a constitutionally enumerated power.

[W]hen the Supreme Court says that this is what “we look to see” when determining if a power falls within the Constitution, then that is a doctrinal test to which a trial judge is bound under the principle of stare decisis.

More . . .

Atrios writes:

I'm Not Sure What Judicial Activism Is

Even when their side does "it," I still think it's a very poor term which most of the time means "rulings I don't like." There are judges who are more or less deferential to the other branches, and there are judges who are total hacks who will contradict themselves across rulings, or make absurdly stupid arguments, in order to achieve whatever political/policy ends they want to achieve, but "judicial activism" is a bad frame which suggests that it's somehow illegitimate for the judiciary to act. Call out the hacks for being what they are, but don't call them "activists."

(Emphasis supplied.) I'm sympathetic intellectually to Atrios' point. but the context of the historic use of the term "judicial activist" as a pejorative, which arose in response to the Warren Court's series of decisions on individual liberty, makes the phrase a potent political weapon for progressives attempting to hold back the attempted radical conservative judicial counterrevolution. It would be naive for progressives to discard it now. More . . .

The military commission trials at Guantanamo are gearing up. Next up: Feb. 14, United States vs. Noor Uthman.

Media reservation requests should be e-mailed to Tanya.bradsher-at-osd.mil. All requests must be received by 5 p.m. EST, February 4, 2011. Due to a limited number of seats aboard the flight and limited accommodations at Guantanamo Bay, media travel is not guaranteed.

One more day of 20 below weather and I might volunteer (Except I probably don't have the necessary security clearance.) No matter, Carole Rosenburg of the Miami Herald will be there and she does a great job of both reporting long style and tweeting the essential updates.

You can read about Noor Uthman's case here.

Yemeni President Ali Abdullah Saleh has announced he won't run for another term.

"No extension, no inheritance, no resetting the clock," he said, making reference to ruling party proposals to institute term limits that had been seen as allowing him to run again.

His announcement comes a day before planned protests, called "A Day of Rage" are scheduled. Yemen has been on the edge of failing for a while. As I wrote a year ago:

Yemen will become a failed state without aid. Between the rebel tribes in the north, the secessionists in the south and al-Qaida, the Government is out-matched. Add to that its dwindling oil reserves, critical lack of water and horrendous prison system that just breeds more terrorists, and it's a certainty Yemen can't fix its problems on its own.

It sounds like a series of domino effects is in play: Egypt, Tunisia, Jordan and now Yemen. What's next? Sudan? Or Algeria or Syria?

"We've already said good-bye...Go now"

President Obama called Egypt President Hosni Mubarak after his announcement today to tell him the transition to a new government needs to begin now:

He said he told Mubarak of "my belief that an orderly transition must be meaningful, it must be peaceful, and it must begin now."

Egyptian President Hosni Mubarak is speaking now. Rough summary:

I never sought power for influence. My top priority is to restore the security and stability of the nation. I did not intend to run again. I have exhausted my life serving Egypt. I am intent on ending my career and handing over the power in a way that preserves the stability and security of the nation.

In the few months of my remaining term, I will work for the peaceful transition of power.

I will be judged by history.

Speech over. The crowd is chanting, cheering and jeckling. This falls short of what they wanted. Now they are chanting "Leave, leave." Very strong emotion in the chanting.

Update: Finally Mubarak speaks. New thread for speech here.

Update: (10:50 pm Cairo time): Mubarak sure is drawing this out. Egyptian state TV is still saying "any minute."

Update (10:26 pm Cairo time): Still waiting for Mubarak's statement. Apparently, it will be recorded, not given live. MSNBC reports President Obama may speak afterwards.

Update (10:08 pm Cairo time): The crowd is getting louder. They are chanting "Freedom" and "May it be tonight." The crowd also seems thinned out. (In the crowd I saw a sign from today saying "Yes we can too." ) Here's a live screengrab from al Jazeera's live feed.

Update (10 pm Cairo time): You can watch the release of Mubarak's statement live when it happens here.

Reuters reports, via Al Arabiya TV, that Egypt's President Hosni Mubarak will give a speech today and say he's decided not to run for re-election in September. He also says he has "a solution." [More...]

Michelle Obama announced today that Charlotte, N.C. beat St. Louis, Cleveland and Minneapolis as the site of the Democratic National Convention in 2012.

Republicans have chosen Tampa.

A million people marched today in Cairo. In Jordan, protests have led the King to dismiss his Prime Minister and his cabinet.

"There's something happening here...."