Supreme Court Archives - Page 10 of 12

R is for Roger, redux

I’d been a fan of Roger Moore since I watched him as Beau Maverick on the television show Maverick.

As I’ve undoubtedly noted, the name Roger comes from the Germanic roots meaning spear bearer, specifically “famous with the spear.”

When you think of the first name Roger, who are the first people you think of? (I mean besides me, of course.) That was the question in this segment of the TV show Family Feud; I’m sorry it is incomplete.

Here’s a list of celebrities whose first names are Roger. The ones that immediately came to mind are some I mentioned three-and-a-half years ago when I last did R is for Roger, plus these that I inexplicably left off:

Roger Clemens – in 24 seasons with the Boston Red Sox, Toronto Blue Jays, New York Yankees, and Houston Astros, he won the Cy Young as the best pitcher in his baseball league a record seven times and pitched a perfect game in 1994. He would have been a lock for the Baseball Hall of Fame in 2013 except for allegations of him using performance-enhancing drugs.

Roger Federer – the tennis player from Switzerland had spent 237 consecutive, and at this writing, 302 total weeks at number 1 in the ranking and has won 17 Grand Slam singles titles. He’s considered by many to be the greatest player of all time.

Roger Staubach – in an 11-season career, all with the Dallas Cowboys, the quarterback out of the Naval Academy had a Hall of Fame career. I wasn’t much a Cowboys fan, since they were/are rivals with my New York Giants; nevertheless, I always liked him personally.

Sir Roger Moore – I’d been a fan since I watched him as Beau Maverick on the television show Maverick, then as Simon Templar in the TV series The Saint. But, of course, he’s best known as Bond, James Bond, in seven movies. See his other credits.

Roger Waters – he was a founder member of the rock band Pink Floyd, serving as bassist, vocalist, and principal songwriter. In the 1970s and 1980s, the album Dark Side of the Moon spent years on the charts; Wish You Were Here, Animals and The Wall were other hit albums. He has been performing The Wall all over the world without his former bandmates.

Roger B. Taney – he was the fifth Chief Justice of the United States (1836-1864), and the first Roman Catholic to sit on the Supreme Court. While he dealt with many other cases, I know him for just one: writing the majority opinion in Dred Scott v. Sanford (1857), that ruled that black people, who were considered inferior at the time the US Constitution was written, could not be considered citizens of the United States, whether slave or free.

Roger Williams – the theologian who left England, only to knock heads (figuratively) with the Puritans, and eventually founded the state of Rhode Island as a place of religious tolerance.

Roger Rabbit – he is the frantic, neurotic title cartoon character of the film Who Framed Roger Rabbit. The film also starred the live human Bob Hoskins, and Roger’s animated human wife Jessica, who is not bad; she’s just drawn that way.
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My review of the late Roger Ebert’s autobiography.

ABC Wednesday – Round 12

SCOTUS and marriage equality

I’m expecting some mishmash decision by SCOTUS in the gay marriage case that no one will love.

As an old political science major and a bit of a US Supreme Court junkie, I’ve been musing over what it means that the high tribunal has decided to review two cases testing the constitutionality of same-sex marriage. “In agreeing to examine California’s Proposition 8 (Hollingsworth v. Perry) and the federal Defense of Marriage Act (Windsor v. the United States), the court has created a defining moment, not only for its own legacy but for the country as a whole.”

Got that right. But how will they decide? I think one has to look at the specific people represented in the cases, specifically 83-year-old Edith Windsor who moved to New York State 60 years ago. “Ms. Windsor… married her partner, Thea Spyer, in 2007 [in Canada] after a 40-year engagement. [She relishes] the court’s decision to hear her case, a challenge to the 1996 law, the Defense of Marriage Act, which prohibited the Internal Revenue Service from treating her as a surviving spouse after Ms. Spyer’s death in 2009, costing her more than $600,000 in state and federal estate taxes.”

The Court does not rule on abstractions. The Court will decide whether Edith Windsor has been inequitably treated by the laws of the United States and New York, denied equal protection due to all people within its jurisdiction; this would then be applicable to anyone in the same circumstances. The decision then is less about “gay marriage” as a concept, as much as whether someone in a same-sex union shall be afforded all the rights and privileges of a marriage between a man and a woman. I’ve heard bandied about that there are at least 1000 legal perks of being married, among them visitation rights to see a sick spouse in the hospital without having to draw up legal papers for that purpose.

The Proposition 8 case, merged with the Windsor case by the high court, has a more convoluted path to SCOTUS, with the surprising legal pairing of liberal attorney David Boies and conservative lawyer Ted Olson, who were on opposite sides in Bush v. Gore, on the same side, in favor of marriage equality.

The Court could vote to limit same-sex marriage. I seriously doubt it would overturn law in the nine states that have already decided to allow it, especially since three states – Maine, Maryland, and Washington – had voter-approved legalization in November 2012. And at least a plurality of Americans polled now support same-sex marriage. On the other hand, 30 states have constitutional bans against it. Pew has a great breakdown of the issue.

The Court could vote to overturn all same-sex marriage bans in the country. It would not be unprecedented: Loving v. Virginia (1967) not only negated laws against racially mixed marriages in Virginia but in more than a dozen other states. But this would be a radical move by a court that is quite conservative, not only from a political point of view but in temperament. Still, the Court tends to believe in precedent, and it has long determined that “marriage is one of the basic civil rights of man, fundamental to our very existence and survival.” It would be surprising, but not beyond belief, that the Court take this route.

I’m expecting some mishmash decision that would overturn the discrimination as it has been applied in the US tax law and other federal issues, and apply these as well to the states that have decided to allow for marriage equality, and including California, while leaving the other states to decide on it on their own timetable, something like Senator Lindsey Graham of South Carolina is now advocating. I would not at all be surprised by a split decision, with three or four voting to support anti-gay marriage laws in the land, three or four voting to limit or eliminate the laws, and one or two (Kennedy, and maybe Roberts) coming up with some grand compromise that no one will love. One could assume that Scalia is in the former group, since he has recently defended comparing homosexuality to murder, and his political clone Thomas will likely vote the same.

I’d love to hear other opinions about what the Court might do.

Curiouser and curiouser: 20 questions

Donald Trump, because he’s a twit. Planned Parenthood, because it’s constantly under attack.

There’s this website Curious as a Cat, and it asks one to three questions each week. Here are some from 2006 and 2007 I deigned to answer.

1. What is the one experience in your life that has caused the most pain?
Physical pain. Tie between a broken rib and oral surgery. Emotional, surely an affair of the heart.

2. If you had to pick one thing, what would you say is the single thing that can destroy a soul?
Telling so many lies that you start thinking it’s the truth.

3. What one thing always speaks deeply to you, to your spirit, no matter your mood or what else is going on in your life?
Music, always. I hear it all the time. Sometimes it’s something I’ve heard recently, but more often it’s a tune suitable for the moment.

4. What is the least appropriate thing to pray for?

Actually, the harm of someone else. But I get most irritated when sports figures seem to think that God was on THEIR side after a victory; I was reading a Guideposts magazine article recently, which said, and I agree, “God doesn’t care.”

5. If you could remove one of the current Supreme Court justices based on their moral positions, whom would you choose?
Tough. Clarence Thomas is SO awful, and ought to be impeached for ethical violations. But Antonin Scalia (pictured) tends to steer Thomas’ voting compass, so I guess I’ll say him; he ought to be checked out, too.

6. Name one event that changed your relationship with your family the most.
I think it was the rapprochement of my two sisters in the past few years, who used to argue a lot. They would (especially one of them) call me up and vent about the other. Now that that’s no longer the case, I get fewer calls.

7. If you were to make a collage to describe yourself to others, what sorts of pictures or symbols would you include?
Clearly, it would have a picture of red sneakers; I used to have a Christmas ornament of red sneakers, but it broke. A racquetball racquet, the picture of me as a duck, the cover of the Beatles Revolver album, the cover of a Howard the Duck comic book, a caricature of me singing several years ago, the front cover of the World Almanac, a picture of my two sisters and me when I was a kid, a picture of my parents, a picture of my wife & daughter & me.

8. Which year was the best of your life? How old were you? Would you want to live it again?
1978, when I moved to Schenectady, got a job I liked, had my first steady girlfriend in over two years. I was 25. Absolutely not.

9. What is your favorite way to travel?
By train. I like the light rail in San Diego a lot as well.

10. What spiritual concept, from any religion, is the hardest for you to understand? Is it something you have studied, or something you have only observed from the ‘outside’?
I think Christianity has a lot of difficult concepts: the virgin birth, the resurrection of the dead. But nothing seems to mystify as much as the notion of the Trinity, God in three persons. I’ve studied it a lot, but couldn’t explain it adequately if I tried. St. Patrick used to say it’s like the three-leaf clover, three flowers in one, but that falls short for me.

11. What is your earliest memory? Why do you think you have remembered that particular event or thing?
Trip to the now-closed Catskill Game Farm when I was three, which I remember because there were pictures. So it may be the pictures I recall, not the trip.

12. What position in any team sport is the hardest to play? Why? Have you played that position?
Catcher in baseball, and yes, I played it in a pickup league.

13. Imagine you could redesign your hands. Whose hands would you remodel yours to resemble?
Or would you keep the hands you’ve got?
I like my hands. I like the length of my fingers, the shape of my fingernails. I do which they didn’t have the vitiligo on the back.

14. What bothers you most in other people, generally?
Impatience. People four cars back beeping because the line isn’t moving, and it isn’t moving because some considerate driver’s actually letting an older pedestrian cross. Or the surge of shoppers at the front door on Black Friday openings, which is why I avoid that day like the Plague.

15. What one thing have you done that pleased your parents the most?
Graduating from college. Took five years. My one sister and I actually graduated on successive weekends, she from SUNY Binghamton and me from SUNY New Paltz, and my parents, who were by then living in Charlotte, NC, came up to both.

16. You have to choose one rich person to be forced to give all their money away to a cause or charity. Whom would you choose, and to which cause or charity will the money go?
Donald Trump, because he’s a twit. Planned Parenthood, because it’s constantly under attack.

17. Is there an emotion that you think has gotten stronger as you’ve aged? If so, why do you think that has happened?
I’m more of a sentimental sap, where songs or TV movies might make me a bit misty-eyed. I think it’s a function of the experiences, and the fragility, of life.

18. What kind of cowardice do you most despise?
Lack of conviction. I may hate Rick Santorum’s politics, but I believe he believes what he says (and that’s scary.) Whereas I think Mitt Romney will say just about anything to appeal to whomever he is speaking at the moment.

19. If the U.S. had to give up one state, which one would you pick? Why?
Texas. It was briefly its own country and still acts like it.

20. When were you most moved by a ceremony?
I’m often moved by ceremony – communion, weddings, a US naturalization. The funeral of a 20-month old, though…

You say it’s in the Constitution: your most/least favorite Supreme Court decisions

I believe Bush v Gore signaled, for some people, the beginning of the end of the Supreme Court as a deliberative body and the perception, true or not, as another political operation.

For Constitution Day:

I recall that, four years ago, Sarah Palin, who was running for Vice President of the United States on the Republican line, could only name one Supreme Court case she disagreed with. ABC News came up with 24 Supreme Court Cases Every Presidential Candidate Should Know and something called Ranker ranks the Most Controversial Supreme Court Cases. Palin named Roe v. Wade, regarding abortion, #1 on the Ranker list, #11 on ABC News’ mostly chronological roster. In that light:

What are your favorite Supreme Court rulings?

What are your least favorite Supreme Court rulings?

On my favored side has to be Gideon v. Wainwright, where the right to an attorney was affirmed (ABC #6); Miranda v. Arizona (ABC #9); Lawrence v. Texas (Ranker #4 ABC #18); and my all-time favorite, Loving v. Virginia (ABC #10), which I wrote about here, and elsewhere. What about Brown v Board of Education, (Ranker #2, ABC #5)? Important in the broad sweep of breaking down separate but equal, which had been codified in Plessy v Ferguson (Ranker #9, ABC #3), but the resegregation of public schools is mighty discouraging.

On the least favored side:
Citizens United (Ranker #6, ABC #8), which encouraged an outrageous amount of big money in the political process; Kelo v. City of New London (ABC #19), the wrong use of the eminent domain, in my view; and of course, the Dred Scott decision (Ranker #7, ABC #2). Bush v Gore (Ranker #2, ABC #16) holds a special place, though, for I believe it signaled, for some people, the beginning of the end of the Supreme Court as a deliberative body and the perception, true or not, as another political operation.
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Last year, in Newsweek, in a title changed to The GOP Candidates Read Wacky Books (they got rid of the Bizarro reference from the print version), Paul Begala wrote:

Which brings us to Rick Perry, who got a C in animal breeding at Texas A&M. He’s not a big reader. But he claims to have been influenced by The Five Thousand Year Leap: 28 Great Ideas That Changed the World by W. Cleon Skousen. Glenn Beck, who went from Fox News stardom to oblivion, has pushed Skousen’s book relentlessly. It is stridently anti-Washington, tracing the decline of federalism to the 17th Amendment, which allows citizens, rather than state legislatures, to choose senators. Skousen, a John Bircher, is so far right that even National Review’s Mark Hemingway has called him an “all-around nutjob.”

Blood, music, SCOTUS

I got a big chuckle out of my daughter vigorously singing the chorus to a Phil Ochs song.

I’ve now donated blood 149 times. The only two times I’ve ever had difficulty were time #59, obviously several years ago, and time #148, in April 2012. The commonality was that I was sitting in a chair each time, rather than lying down. The April visit was brutal, with three different attendants manipulating my arm, the needle…it took well over 20 minutes when it generally takes me 6 or 7; I’m talking about the actual blood flow time, not the preliminary exam, et al. I was so exhausted and bruised afterward, that I went home and went to bed, instead of going to choir, which had been my intent.

So when I went again last week – getting “back on the horse,” as it were – I made sure I went to a place (Empire State Plaza, for you locals) that had cots.

Sure enough, 7 minutes and 6 seconds, and I’m done. The medical person helping me this time insisted that lying down is better for the blood flow, and easier for recovery, but that people prefer the chairs because they are more comfortable. She also noted that 5 to 8 minutes is optimal; some guy who bragged about being able to donate in 4 minutes would be in serious trouble if HE were ever in a serious accident.
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For Father’s Day, my wife gave me a ticket to the Old Songs Festival at the Altamont Fairgrounds, about a half-hour from here. When I was younger, I went all the time, but I think the last time I attended was in 2002, the year my wife went to Ukraine. She did not go with me this time either because of church obligations; she is on the Administration Committee and is helping sort through over 100 resumes for a part-time church secretary.

But the Daughter went with me on Saturday, June 23. We spent the first hour trying to wash sunscreen out of her eye, but eventually, we could enjoy the program. Went to see a couple called Magpie, and another couple, Kim and Reggie Harris perform songs of Phil Ochs, the noted folk singer who died over 35 years ago. Sunny Ochs, Phil’s sister, was there, too, and she has long encouraged singers of Phil’s songs to change the lyrics to more contemporary references when necessary. I knew LOTS of the songs, but I got a big chuckle out of my daughter vigorously singing the chorus to Love Me, I’m a Liberal, one of those songs with changed verses. (No one knows who the late talk show host Les Crane was anymore.)

Then we went to the Songs of the African diaspora with Peace Train, a black woman and a white woman from South Africa, assisted by Kim and Reggie Harris, who had come from about as far on the fairgrounds as one can. Kim noted that the girl who was sitting in front at this show (yes, the Daughter) was dancing at the Ochs show (true) and that Kim wishes she had that kind of energy.

The last Sunday in June, the whole family attended a high school graduation party. Ever have a really good friend you lose touch with, even though they aren’t that far away? That was the case with my friend Debbie, the mother of the graduate, who was one of my very best friends in the 1980s, but who I’ve talked with only intermittently since. It was good to see her again, though she was so busy playing hostess that we didn’t talk much. Maybe next time…

So what did you think of that Supreme Court ruling last Thursday? Oh, not that health care thing, the decision that the Stolen Valor Act is unconstitutional. “The Stolen Valor Act…makes it a federal crime to lie about having received a military decoration or medal, punishable by up to a year in prison if the offense involved the military’s highest honors.” I support the ruling that the law was unconstitutional on First Amendment/freedom of speech grounds with the same biting-of-the-lip sensation that had when I agreed with the Court allowing Nazis to demonstrate in Skokie, IL. I support the principle more than I hate the action.

As for that OTHER case, I had taken a “Well, it’s better than the status quo” take on that 2010 health care bill, the Affordable Care Act. But with the meltdown by its opponents, I am enjoying its affirmation by the Supreme Court far more than I expected. Meanwhile, CNN should slink off in shame for reporting, for seven minutes, the absolute wrong outcome. (FOX News also muffed it for two minutes, but it HAS no shame.) The term “Obamacare” had been designed as a dis, but that putdown may now work in the President’s favor.