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Wednesday :: July 01, 2009

MADD Strikes Again

The latest over-the-top "solution" to the problem of drunk driving -- brought to you by the zealots at Mothers Against Drunk Driving -- would dramatically increase the value of companies that manufacture and sell ignition interlock devices.

A new highway bill pending before Congress would instruct all 50 states to require every motorist convicted of driving under the influence equip their car with interlock systems that shut down a vehicle when a measured amount of alcohol is detected. ... There are already about 150,000 interlock system now in cars in the U.S., placed there for drivers with multiple DUI convictions. But the proposed mandate would expand the use of interlock systems exponentially; MADD's statistics indicate that nearly 1.5 million Americans are arrested annually on DUI charges, making it the number one crime for which American are arrested.

Only one-third of the drivers arrested for a drunk driving offense are repeat offenders. While the majority of first offenders will never be involved in an alcohol-related accident or arrested for a similar offense, MADD wants to burden them with an expensive gadget that will typically keep them from driving even if they're under the legal limit. The MADD plan has been adopted in some states, but MADD will settle for nothing less than federal legislation.

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Tuesday :: June 30, 2009

Tuesday Night Open Thread

I've been stuck for two days trying to fix my Fujitsu "scansnap" scanner. A few weeks ago, it began scanning documents in 8.5 × 14 instead of 8.5 × 11, and the court told me they couldn't accept my attached filings that way. For some reason, the scanner software wouldn't open and I couldn't get into the program to change the setting. How do you even know who to call when these things happen?

After five uninstalls and reinstalls, I almost threw it out the window. The scanner still scans but the computer refused to recognize the software. Then I decided to use my HP all-in-one printer that has a scanner function but it wouldn't recognize my computer even though it's on the network. Since I wasn't about to throw two machines out the window, I went back to trying to uninstall and reinstall the Fujitsu software. About 4:00 this afternoon, after wasting about 8 hours on this, the scanner mysteriously reset itself to regular size pages. I still can't access the software but at least I can get my stuff scanned so I can file scanned documents with the court. What a waste of time.

Hope your Monday and Tuesday went better. Here's an open thread as I catch up on the news and watch Weeds and Nurse Jackie, both of which I missed last night. All topics welcome.

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Rachel's Law Passes in Florida, Stengthens Protections for Informants

Rachel's Law, named after a murdered police informant, goes into effect in Florida on Wednesday.

The new law will require police departments to train officers who recruit confidential informants, tell informants they can't promise a reduced sentences in exchange for their work and allow informants to consult with a lawyer if they ask.

....The bill "makes it more safe for people to be able to cooperate with law enforcement officials across our state," [Gov. Charlie] Crist said.

Will it make their testimony any more reliable? I doubt it.

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Judge Overturns Allen Stanford's Bail Order

U.S. District Court Judge David Hittner today reversed the magistrate court judge's order granting bail to indicted financier Allen Stanford. (Background here and here.)

Stanford's lawyers say they will appeal to the 5th Circuit.

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Bill Clinton And Bill Kristol Agree: Todd Purdum Stinks

Eric Boehlert writes:

Kristol writes:

Here’s a highlight of Purdum’s reporting: “More than once in my travels in Alaska, people brought up, without prompting, the question of Palin’s extravagant self-regard. Several told me, independently of one another, that they had consulted the definition of ‘narcissistic personality disorder’ in the Diagnostic and Statistical Manual of Mental Disorders . . . Is there any real chance that "several" Alaskans independently told Purdum that they had consulted the Diagnostic and Statistical Manual of Mental Disorders? I don’t believe it for a moment.

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The Al Franken Decade Begins

So sez the Minnesota Supreme Court:

– A unanimous Minnesota Supreme Court ruled Tuesday that Democrat Al Franken should be certified the winner of the state's long-running Senate race, paving the way for the former Saturday Night Live comedian to be seated after an almost eight-month fight.

Coleman concedes. It's over.

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What Obama Can Learn From FDR

So writes Time magazine this week:

Alas for countless pundits and inspirational speakers, it is apparently not the case that the Chinese word for crisis is spelled by joining the characters for danger and opportunity. But that common fallacy nevertheless captures an important metaphorical truth: whatever the perils it brings with it, a crisis can be a grand opportunity. Among those who have understood that truth was Franklin D. Roosevelt. . . . [T]he crisis of the 1930s also provided an object lesson in the relationship between economic danger and political opportunity — a lesson Barack Obama is now trying to follow. Obama, too, came to office in the midst of an economic crisis, and in the solutions he has offered, it appears he has often looked to the example of F.D.R., whose presidency — and the very idea of activist government that it represents — is very much back in the public mind this year. Roosevelt pushed through policies that aimed not just to deal with the immediate challenge of the Great Depression but also to benefit generations of Americans to come. Pulling off a similar feat will require Obama to persuade Americans to see opportunities in the present crisis as well.

Not bad. But it also provides me an excuse to link again to my first post at TalkLeft in the summer of 2006, What Obama Needs To Learn From . . . FDR. Probably my best post here. It's all been downhill since then.

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Tuesday Morning Open Thread

I think I have written enough about Ricci to last a lifetime.

Let's talk about something else. What's on your mind?

This is an Open Thread.

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Chuck Todd: Ricci Majority "Legislated From The Bench"

What's funny about that clip? Joe Scarborough acts as if the phrase has never been said before. Of course he never heard it applied to judicially activist conservative jurists before. He was nonplussed. Pretty funny. Good job Chuck Todd!!

Speaking for me only

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Wendy Long Now Writing Stuart Taylor's Columns

Doug Kendall writes today:

In an unbelievable post today, Wendy Long of the ironically-named Judicial Confirmation Network claims that the Supreme Court's bitterly divided 5-4 ruling in Ricci v. DeStefano was actually a 9-0 slap in the face to Judge Sotomayor . . .

But that is what one would expect from Wendy Long. And sadly, now that is what one expects from Stuart Taylor, Jr.. But this is the road Taylor has chosen to travel for a long time. For some reason he is treated as a serious legal journalist - with perches at the National Journal and Newsweek.

Rather than wondering what they are doing embracing blatant judicial activism by the Gang of 5, Taylor and his Limbaughian "Lunatic Fringe" cohorts are too busy disingenuously distorting Justice Ginsburg's dissent in Ricci (just weeks before this same lunatic fringe was complaining that Justice Ginsburg was "endorsing" Judge Sotomayor.) Even Fred Hiatt's crew decried the judicial activism of the Ricci majority, in an editorial that stated the Gang of 5 had "Flunked the Test":

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Monday :: June 29, 2009

Monday Night Open Thread

My guilty pleasure - 2 hours of Family Guy on TBS starting at 8.

Please note that Olbermann still has the dull Turley to comment on legal questions. This fellow simply does not understand legal issues very well. Read this ill informed analysis of Ricci from him. It's like he never actually read Title VII, the amendments thereto, Griggs or Albemarle. For some actual legal analysis of Ricci, here is the ACS blog. Olbermann needs someone better on these things. Back to Family Guy.

Speaking for me only

Update (TL): I am watching The Bachelorette (of course) and hoping to see country music singer Wes, who is not a bad guy despite how ABC is editing him, move on to Spain.

This is an Open Thread.

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Ricci And What The Obama Administration Can Do

I've written below urging the Congress to act to overturn the SCOTUS' judicial lawmaking in Ricci. The National Women's Law Center notes that the Obama Administration can also act. NWLC President Marcia Greenberger said, in part:

[W]hile today’s ruling diminishes employers’ ability to comply with anti-discrimination law, it does leave the door open for employers to act responsibly. As the Court recognized, employers are still obligated to take steps to remove both intentional discrimination and unjustified practices that adversely impact individuals based on their sex, race, national origin or religion. We call on the Obama Administration to issue guidance for employers on how to ensure that they offer fair promotional and job entry exams.”

(Emphasis supplied.) Good thinking from the NWLC. The Obama Administration also has a significant role it can play to dampen the effects of Ricci.

Speaking for me only

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