Last week I wrote about the factually inaccurate assumption underlying Chris Bowers questioning of Dem opposition to the GOP's 2005 Nuclear Option.

My first point was that Bowers was just wrong on his facts. And now no one, not even Chris himself, disputes that.

The second point argued is that the filibuster is more harmful to progressive policy than to "conservative" policy. See Scott Lemieux and Kevin Drum. I think that is largely wrong. For the past 30 years, the essential progressive fight has been the preservation of progressive policy achievement. The filibuster has been very useful in this fight. But I think there is a larger point being missed (that actually cuts both ways in this discussion.) Kevin Drum writes:

In a strange reply to Atrios's point that if liberal enthusiasm is important to Democratic political success then maybe Dems should put some effort in sparking liberal enthusiasm, Jon Cohn writes:

Of course, liberals shouldn't be enthusiastic about the Democrats, let alone support them, if they think Democrats aren't fighting for liberal causes and at least having some success. But that's a different argument.

(Emphasis supplied.) How is that a different argument exactly? Cohn was berating "liberals" for not clapping loud enough -- Cohn is happy so they should be too. Atrios' point is that if liberals not clapping loud enough is a political problem for Dems, then maybe, just maybe, Dems (and Cohn) should be thinking about why liberals are not clapping loud enough and start to think about things they could do that would make them clap louder. Here's a tip - berating them as stupid and foolish for not clapping loud enough is not a good strategy.

Speaking for me only

The absurd ruling (PDF) by Virginia federal judge Henry Hudson denying the United States' motion to dismiss the complaint filed by Virginia AG Ken Cucinelli attacking the recently enacted health care bill (specifically the individual mandate) is most notable for its reasoning for why Virginia has standing to challenge the law. Here is how Ilya Somin, who is sympathetic to the ruling, puts it:

Hudson rejected the federal government’s claim that Virginia did not have standing to challenge the mandate. Although states are generally not allowed standing to litigate the interests of their citizens, Hudson argues that Virginia has standing because the federal health care bill conflicts with a recently enacted Virginia state law, the Health Care Freedom Act. This, he argues, is enough to give Virginia standing [. . .]

If this ruling is eventually upheld (it won't be imo, if the district court decides in Virginia's favor), here is a great new vehicle for challenging federal actions - states could pass laws that expressly conflict with federal policies they don't like and then take the United States to court and challenge the constitutionality of the federal actions. See Jack Balkin. Yes, it's stupid. But it is rather useful, for it really places in stark relief what conservatives are about - reversing by judicial activism settled law regarding the power of the federal government. Yes, they want to refight not only the New Deal but the Civil War as well. A smart and effective Democratic Party would make hay from this.

Speaking for me only

I still haven't seen the news today, but it's time for the finale of The Bachelorette. I'm going offline so I don't read the ending before it airs here. If you want spoilers, I have them galore over at Popleft. (Don't read if you don't want to know the likely ending.) I will say that Mike Fleiss & Co. did a masterful job this season of preventing anyone from being completely certain, despite the plentiful spoilers, until this weekend.

Update: Ali made a great choice, they seem really happy. I liked her better tonight than I did all season.

Here's an open thread, all topics welcome.

I'm off to the jail and then have motions to write.

Update: the iPad on 3G gets great reception in a cement visiting room Who would have thought it? Wireless never works this good, if at all.

Here's an open thread, all topics welcome.

Sam Adam, Jr., attorney for Rod Blagojevich, is a bundle of nerves. He's not eating or sleeping, waiting on the 12 people who will decide his client's fate.

"It's not easy," he says. "You hope and you believe there are people in that jury room fighting for your side, but the truth is that you really don't know. And that's what makes it so hard."

Jury deliberations resume today.

Travel day for me.

Open thread.

Charlie Sheen and the Prosecutor's Office have been working all month at arriving at a new plea agreement in his domestic violence case from Christmas.

Given the press release sent to the media by the Pitkin County Sheriff's Office (see below), it seems Monday is the day all will be resolved.

Charlie, wisely for someone with his background, had been trying to stay off probation. He offered to do 30 days in the Pitkin County Jail in Aspen on work release as a sentnce to the misdemeanor he would be pleading guilty to. That fell apart.

Reportedly, Charlie is now willing to do probation, as he wants more parenting time with his kids and to get back to work at his TV show.[More...]

At 1:35 am this morning, Lindsay Lohan was released from jail, ushered into a van, and en route to rehab. She served 13 days of her 90 day sentence, getting out early due to overcrowding.

TMZ reports Lindsay will be at the Morningside Recovery Center at UCLA, in a unit that has "an intense specialized program to deal with psychological, as well as addiction problems."

Reports she favors Meth and is bi-polar are fabrications. As TMZ says,she takes prescription Adderall.

Adderall, which is an amphetamine. Experts in the field of rehab and addiction tell TMZ there is a difference between amphetamine and methamphetamine. We're told it would not be common for a rehab facility to consider Adderall and methamphetamine the same drug.

Hectic day, apparently for J as well.

I have no idea what is happening so you tell me.

Open Thread.

Update 8:30pm MT: Pictures via NYC Shopping Guide. They are for real, the LA Times and the NY Daily News have them too. Chelsea's dress is by Vera Wang, Hillary wore Oscar de la Renta.

Chelsea Clinton is married. Via the New York Times, [More...]

It's not easy finding a flattering picture of Hillary Clinton in the dress she wore last night to Chelsea Clinton's pre-wedding dinner. But she and Bill are definitely the proud parents today, and Congratulations, Chelsea and Marc. (Update: Found a better photo.)

As always, Bill Clinton draw a crowd:

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