The Seventh Sense

NY: No To Gay Marriage

The New York State Senate just voted against legalizing same-sex marriage in a 34-28 vote.  It had previously passes the NY Assembly 88-51.

New York would have become the sixth state, and the most populous, to allow same-sex couples to get married. And it would have been the first to grant full marriage rights from a standing start, without having first granted interim rights such as civil unions.

Only one other state, New Hampshire, has approved gay marriage by action of the legislature. The others -- Massachusetts, Vermont, Connecticut, and Iowa -- have done so primarily by court action.

UPDATE --  Nice speech from NY Senator Diane Savino from Staten Island (give a chance):

Only one senator had the balls to explain why he was voting "no", saying that not only were all major religions against same sex marriage, but so were the vast majority of NY voters.  Except that as he was uttering those words, a Marist poll of NY voters on the subject was released.  And NY voters actually favor SSM.

Breaking News: More Mass Shootings

In downtown Orlando (Gateway Center, if that means anything to you).  Live local news video fee here.

8 shooting victims.  Shooter not caught.

1:06 pm -- Interviewed woman says it was a male disgruntled (fired) co-worker of hers.  Police stopped the interview though.

1:44 pm -- Suspect's name is Jason Rodriguez.  He's on the loose, driving a silver Nissan SUV.  One person confirmed dead.  Reynolds Smith & Hills, a design firm, was where the shooting took place, and Rodriguez was laid off there a year or so ago.

2:00 pm -- I suspect the shooter will be located dead, having shot himself.

2:09 pm -- A blogger names Jason Rodriguez implores his readers: "It's not me!"

2:20 pm -- Jason Rodriguez apprehended says Orlando mayor.  Apparently he went to his Mom's house, and she turned him in.

Shooting At Fort Hood: Seven Twelve Dead, Twelve Twenty 31 Injured

Story breaking now.

Fort Hood hash tweet stream is here.

It's possibly too soon to say this, but the NRA argument that if everyone is armed, everyone is safe, is pretty much belied by the fact this incident at an army base.

UPDATE:  2 to 3 suspected shooters involved, reportedly wearing U.S. Army uniforms (although this doesn't mean they are U.S. soldiers).  One suspect possibly still at large.

UPDATE (4:10 pm):  Well, with the caveat that there is confusion and (probably) some error in the news reports, one first thought is that this might be a couple of oathkeepers.  Or some terrorist attack.  Since there were three two suspects, one can almost rule out the lone mentally deranged PTSD guy.

Latest reports say only two shooters, both caught, but some SWAT people are wounded.

UPDATE (4:30 pm):  Some reports saying 9 dead, up to 30 wounded.  Also scattered reports of another shooting at an Army residence, and it is unclear whether the base is secure yet.

UPDATE (4:50 pm):  Local Tx affiliate says one of the apprehended suspects is a military officer, an Army major.  CNN now reporting 12 dead, including one gunman.

Army spokesman just confirmed 12 dead, 31 wounded.  Shooter was killed; two other suspects arrested -- ALL of them US soldiers.

UPDATE (5:00 pm): Shooter was Army major "with Arabic-sounding name", MSNBC reports.

High Turnout In Maine Elections Today

So reports Politico.  Conventional wisdom is that this is good for the "No on 1" side.

BREAKING: Obama Signs Matthew Shepard/James Byrd Hate Crimes Legislation

Actually the Hate Crimes bill was tacked on to the 2009 Defense Appropriations Act, which Obama signed this afternoon, but it's still there, and Obama noted the significance of it:

So today I'm pleased to say that we have proved that change is possible. It may not come quickly, or all at once, but if you push hard enough, it does come eventually.

Now, speaking of that, there is one more long-awaited change contained within this legislation that I'll be talking about a little more later today. After more than a decade of opposition and delay, we've passed inclusive hate crimes legislation to help protect our citizens from violence based on what they look like, who they love, how they pray, or who they are. (Applause.)

I promised Judy Shepard, when she saw me in the Oval Office, that this day would come, and I'm glad that she and her husband Dennis could join us for this event. I'm also honored to have the family of the late Senator Ted Kennedy, who fought so hard for this legislation. And Vicki and Patrick, Kara, everybody who's here, I just want you all to know how proud we are of the work that Ted did to help this day — make this day possible. So — and thank you for joining us here today.

The new law strengthens existing U.S. laws by extending federal hate crime protection in cases where the victim was targeted because of their sexual orientation, gender, disability, or gender identity.

Balloon Boy Meme

Wow, these came quick...

See more funny videos and funny pictures at CollegeHumor.

 

Falcon Heene

I have a rather bad feeling about this boy trapped in the balloon.

I have a rather bad feeling he is not hiding, but rather, he fell.

And we're going to get all kinds of people making snap judgments about how bad the parents were -- before we have any clear evidence that they were negligent.  To blunt those, let me get a few things said.  Accidents happen.  And because they were smart and eccentric and mixed-race (yes, some conservative bloggers think that's relevent) and on Wife Swap, that means nothing.

I suppose we'll know before nightfall.

UPDATE (6:05 pm):  As I'm typing, I was just watching local Colorado news.  They just announced he's been found.  He's alive.  He was in the house, hiding in the attic in the garage in a box.  So much for the house searches earlier today.  Networks will have it shortly.

AutoTune The News #6

With Michelle Bachmann (yaaaay!), Sarah Palin quitting, Michael Jackson dying....

This may be the best one yet.

MJ Memorial Service Liveblogging

OK.  I'm done.

UPDATE:  Here, by the way, are some funny Facebook updates on the event, compiled by Buzzfeed:

 

And Kevin Drum reports:

The Michael Jackson tribute is currently being aired on 18 separate channels on my TV.  Just sayin'.

Holocaust Museum Shooting

It's all unfolding now.

Two people (perhaps 3) shot by a gunman in the Holocaust Musuem in D.C..  The gunman was also apparently shot and is in custody.

Too early, of course, to determine the motive, but since it was at the Holocaust Museum, one can surmise that the shooter was anti-Jew.  From there, it's not a far leap to suppose that the shooter was an islamic terrorist of some sort.

Then again, news reports say that the shooter was a white male "born in 1920" which doesn't exactly fit the "islamic terrorist" profile.  Could be just a demented old guy.

UPDATE:  Some sketchy reports that the shooter may not survive.

UPDATE:   MSNBC saying the shooter "had possible connections to hate groups or anti-government groups".  If this turns out to be true, and at this point -- who knows, this is another of those right wing extremist (like the Dr. Tiller murderer) that the DHS warned us about.

Ironically, this is what the Holocaust Museum looks like -- can you read the red banner?

 

UPDATE:  I got this from Twitter (really, the best place to get breaking news).  The gunman's name is James Von Brunn (confirmed by MSNBC just seconds ago)

My Google searches find this comment by James Von Brunn at a site called "The Black Jesus":

Jesus Christs tells us to love our enemies, forgive them, turn the other cheek, give them our cloak and coat; give away our personal belongings and follow Him. Have you done this?

Do you know any alleged Christians that have ?

Nietzsche said, “The last Christian died on the cross.”

One cannot love your neighbors and segregate them. Therefore. Multi-cukturalism is a prerequisite to being Christian. It is for that reason the POPE advocates open borders with Mexico. The word CATHOLIC means “UNIVERSAL” The Churdh ALWAYS has sought a united World under CHRIST. The ILLUMINATI too seeks One World Government – which may be why Henry Kissinger, ZIONIST, visits the Vatican so frequently.

He's apparently an artist.  But he's mostly known as a white supremicist: see here and here.  Here's his hate website: http://www.holywesternempire.org/

His site's bio:

James W. von Brunn holds a BachSci Journalism degree from a mid-Western university where he was president of SAE and played varsity football. During WWII he served as PT-Boat captain, Lt. USNR, receiving a Commendation and four battle stars. For twenty years he was an advertising executive and film-producer in New York City. He is a member of Mensa, the high-IQ society. In 1981 Von Brunn attempted to place the treasonous Federal Reserve Board of Governors under legal, non-violent, citizens arrest. He was tried in a Washington, D.C. Superior Court; convicted by a Negro jury, Jew/Negro attorneys, and sentenced to prison for eleven years by a Jew judge. A Jew/Negro/White Court of Appeals denied his appeal. He served 6.5 years in federal prison. (Read about von Brunn's "Federal Reserve Caper" HERE.) He is now an artist and author and lives on Maryland's Eastern Shore.

Here's his wikipedia profile, as written by him(?)....

User: James W. von Brunn, b.1920, attempted to place the Federal Resrve Board of Governors under legal, non-violent citizens arrest, 12-7-81. Von Brunn charged the FED with treason and other high crimes. The FED, a private stock-company, owned by International bankers, financed the construction of manufacturing plants in the Soviet Union during the "Cold War." War materials, produced by FED financed plants, were used by the Enemy against American military forces in Viet Nam, and elsewhere.

Von Brunn was tried and convicted by a Washington, D.C. kangaroo court; then sentenced to eleven years in federal prison by Judge Harriet Rosen Taylor; the sentence was confirmed by a racially motivated Appeals Court. Von Brunn was imprisoned for 6.5-years.

Von Brunn champions Western Culture,and the practice of Eugenics. He states that Marxism-Multiculturalism-Judaism is the Enemy of Mankind.citing Talmudic quotes to "Kill the Best Gentiles !"

Von Brunn was president of his college fraternity, SAE. He served as PT-Boat captain, USNR, during WW2, earning 4-battle stars and a Commendation Ribbon. His early business career was in NYC as copywriter, art-director and film producer; later as a real-estate broker; and lastly as a writer-artist.

He also wrote a treatise entitled "Kill The Best Gentiles!".  Here's the Table of Contents:

1. The Conspiracy
2. Khazars Invent Judaism
3. The Illuminati
4. Money
5. Spirochetes of Jew Syphilis
6. The “Holocaust” Hoax
7. Mendelism
8. The Negro
9. The Aryan Force
10. Parasitism USA
11. Pathology and Synthesis
12. Summing Up
APPENDIX
Glossary
Bibliography
Distinguished Personages
EXHIBITS:
Arson
Letter to US SecNav Webb
Letter from Admiral Crommelin
Gen. Anderson news item
Letter to Talbot County Council Star-Democrat:
Two (2) editorials in re Genetics
Poem by Josephine Beaty
Cicero ii

In a recent blog post, Von Brunn wrote that Hitler's "worst mistake" was that "he didn't gas the Jews."

I think we've got a good understanding of this guy....

UPDATE:  Brian Williams of NBC reports that he lives in New Hampshire...

UPDATE:  Also appears to be a sucker for the "Fox News" propaganda (Obama isn't really an American, etc....)

John Cole reacts:

How many acts of right-wing terrorism have to occur before DHS is allowed to start keeping track of it?

I really don’t get the conservative reaction to the original DHS pronouncement. No one is trying to lump angry Red State commenters in with honest-to-God terrorists…except, weirdly enough, the Red State commenters themselves.

There are crazy people out there shooting up abortion clinics and Holocaust museums. These people identify with causes normally described as right-wing. Deal with it. Tea bag away to your heart’s content. It’s not til you start plotting to kill people that DHS should take an interest. If anyone starts spying on you prior to that, then I, the ACLU, and dirty hippies everywhere will support your grievances.

Well said.

Defections In The NY State Senate

The Democrats no longer control to NY state senate, because of the defection moments ago of two Democratic senators, reports the New York Times.

A rift, apparently, in the Democartic party on the subject of gay marriage.

Ugly America

By now, you may have heard about the killing of Dr. George Tiller in Wichita, Kansas this morning.  It took place in (of all places) a church.

Dr. George Tiller has long been a target (literally and figuratively) of the religious right, Bill O'Reilly, Glenn Beck, and others because he performs late term abortions.  As Amanda Marcotte wrote:

[Tiller] is one of the two doctors in the country that specializes in the very small percentage of abortions performed late in pregnancy (but before viability) done for health reasons, usually because the pregnancy is a danger to a woman's health or life, or because the fetus is dead or dying.... He's been shot in both arms, stalked by the attorney general's office under Phill Kline ... and charged with the crime of performing a bunch of illegal abortions, for which he was acquitted.

This is perhaps something that needs to be emphasized: he performed abortions for women who wanted to have babies but couldn't.

While many abortion opponents are quick to condemn the killing (see, e.g., the Christian News Wire), the rank-and-file are, well, quite rank:

The comments on Free Republic are typically nauseating and vile as well.

This is a divided country on many issues.  But I don't see anyone on the left killing anyone on the right.  And if one did, there wouldn't be smatterings of applause.

In any event, if one is anti-abortion, I fail to see how this moves the ball forward.  More likely, the opposite.

As for the killer, who some will no doubt call a hero, all we know right now is this:

Wichita television station KAKE-TV reported that police were looking for a blue Ford Taurus with a K-State vanity plate, license number 225 BAB. Police described him as a white male in his 50s or 60s, 6 feet 1 inch tall, 220 pounds, wearing a white shirt and dark pants.

Latest Update:

KWCH Eyewitness News has confirmed the suspect in the shooting of Dr. George Tiller is in custody in the Kansas City area. Wichita police say the man was arrested near Gardner, KS at around 2:00 Sunday afternoon.

Google Outage

Yeah, it's happening now, worldwide.  World at a standstill.

Are we relying on Google too much???

UPDATE:  More than a few people on Twitter did what *I* did -- i.e., tried to find out about Google outage by searching "google outage".... except they searched on Google.  Duh!

It does pose an interesting dilemna: how do you find out about Google problems when Google is having problems.  We really do rely on it too much.  (Oh, sure, there's Yahoo search, and Twitter, but they're stone age by comparison...)

UPDATE 2:  Problem apparently affect Google search, Google News, Gmail, and anything that syncs with Google, including YouTube and Blogger.

UPDATE 3 (11:40 am EST):  As far as I can tell, this CNET article is the only thing in the media confirming the outage, but it says it is over.  Not!!

UPDATE 4 (12:02 pm EST):  CNET still the only one reporting this, in a new article:

Many people found Google's search site was extremely slow or inaccessible Thursday, and other reports pointed to troubles with other properties including YouTube, Gmail, Google Analytics, Google Maps, Google Docs, AdSense, and Blogger.

Judging by a Twitter search for the #googlefail hashtag, the problem was international in scope, though it wasn't immediately clear how universal the problems were. Google didn't immediately comment for this story, though it did confirm an earlier Google News outage that lasted about three and a half hours.

Google is central to the online lives--and livelihood--of many, and an outage shows exactly how central it's become--and not just through its primary business, search.

"The Internet dies without Google. Can't get to my bank Web site because it's waiting on 'google-analytics.com.' This is made of lame," said Twitter user Tadiera.

I also note (from Twitter) that may people are turning to Yahoo Search "for the first time in [7,8,9...] years"

UPDATE 5 (12:12 pm):  Readwriteweb has more info:

We have seen our fair share of failures from web based products, but this morning, for a large number of users (at least in the U.S.), it looks like every Google service has been either wiped off the Internet or is running extremely slow for a large number of users. Even Google Search is only creeping along slowly right now, and YouTube, Google Reader, Blogger, Google Analytics, Gmail, Google Maps, and Google Apps are pretty much unavailable as well.

Typically, these outages have never lasted for long, but once again, this outage shows how depended we have become on Google for so many of our daily tasks.

As of now, all of our attempts to contact any Google property are timing out, but we'll keep you posted once we find out more about this.

Update: Judging from the comments here and the conversations we are tracking on Twitter, it looks like these outages are somewhat localized, though we haven't seen any patterns evolve yet. It does seem, though, like the outages are mostly in the U.S., though we are also seeing some reports from European users, while Google seems to be working just fine in most Asian countries.

Currently, this looks like a networking issue, as users on some ISPs are able to access all of Google's services, while their neighbors are unable to connect to Google's servers.

The comments to this article are interesting.  There's a person in Boston saying it's down, and another person in Boston saying "no problem here"

FINAL (?) UPDATE (12:16 pm EST):  Googlefail is over.  Over for me, and for lots of others....

 

ANOTHER FINAL UPDATE (12:24 pm):  Who's to blame -- f***in' AT&T.

Maybe I'll bookmark the Internet Storm Center, now that I know it exists, for future problems.

And now that Google's back, you can Google "google outage may 2009" and see that I'm the #1 search result.... which is why this blog is getting slammed (for me) right now.

Binghamton Shootings

Death toll up to 13, some reports say.  It's not even clear, as I write this, if the situation is over with.  Some reports say a man was arrested, some say two men were arrested, and still others say there is a hostage situation.  [UPDATE 2:45 pm -- Now hearing it was a single gunman, and he is dead.]

It's too early -- waaaay to early -- to ascribe motive, but since the shooting took place at The American Civic Association -- a business that helps immigrants and refugees with counseling, resettlement, citizenship, family reunification, interpreters and translators -- it's a reasonable guess that the shooter was either a disgruntled immigrant, or a rightwinger with a bone to pick with immigrants. [UPDATE 4:00 pm -- NBC and FOX are reporting the shooter, now dead, was a 42 year old Vietnamese immigrant named Jiverly Voong.  Apparently this was on his driver's license, which suggests he was a legal immigrant.]

Anyway, there seems to be a spate of these lately.  Disturbing....

Writing Your Own Obituary

It must be weird to be a reporter at The Rocky Mountain News -- Colorado's oldest newspaper (150 years old) and winner of 4 Pulitzer Prizes -- and have to report the death of The Rocky Mountain News.

RNC Leader Follies

I love the little news scrolls coming across my desk today, as the Republican National Committee seeks to elect a new chairman -- the guy who will lead the Republican Party.

The first ballot had Mike Duncan in the lead.  Mike Duncan has been the head of the RNC, which mounted massive losses in Congress in the 2006 and 2008 election (not to mention, of course, the loss of the White House in 2008).  Duncan was Bush's appointed guy, and a strong supporter of Bush policies.  So electing him would signal that the Republican Party is going to stay with the Bush doctrines, foreign and domestic.

Naturally, though, there was competition.

And by the third ballot, Mike Duncan has dropped to second place.  He then, in a surprise to many, withdrew his name.

So who became the frontrunners?  Michael Steele, noted because he is an African-American.  And Katon Dawson of South Carolina, who recently had to abandon his membership in a "whites only" country club.

Where are they now?  Given (primarily) those two choices, what is the temperature of the new "rebranded" Republican party?

After the surprise drop out of former Chairman Mike Duncan, South Carolina party chairman Katon Dawson has taken a two-vote lead over Michael Steele, 62-60.

This comes despite Duncan encouraging his voters to go with Steele, a source close to Duncan told First Read.

Anuzis moved to 31, and Blackwell remained at 15, rounding out fourth-round voting.

The winning candidate needs 85 votes to clinch. That means Dawson now needs 23 more votes, and Steele needs 25.

Duncan met with Steele privately prior to dropping out to tell him of his plans, a source said. The source added that "he likes Steele," but he's not sure that the members will all move to Steele. Many of them aren't warm to Steele, because he's not a committee member.

The source also said that Duncan pulled out because he's a "party guy" and didn't want a long, drawn-out fight.

This now is shaping up to be a fight between, fundamentally, an "insider" (Dawson) and an "outsider" (Steele). It also ironically sets up the first African American to lead the Republican Party against a party chairman from the South, who was a member of a country club that was formerly was all-white.

It would be a political embarassment to have the black guy lose; it only solidifies (perhaps unfairly) the perception that the GOP is not exactly minority-friendly.  On the other hand, if Steele (who is not only black, but more moderate) wins, what will be the response of the Republican rank-and-file?

Then again, this whole "RNC leader" selection process might just be like rearranging deck chairs on the Titanic.

UPDATE - 3:08 pm:  Blackwell (another African-American), who was running last in the fourth round of balloting (see above), bows out and throws his support to Steele.

UPDATE - 3:30 pm: Michael Steele has re-gained the lead in the fifth round of voting for RNC chair.

Michael Steele: 79
Katon Dawson: 69
Saul Anuzis: 20

Aaaand... Anuzis dropped out without endorsing anybody. 

So the next round should be the last.  Which is good because, in his liveblog, NRO's Jim Geraghty notes that in addition to the other weighty questions hanging over this balloting for the chairman of the RNC who will lead the party out of the political wilderness ...

the RNC has to be out of the ballroom by 5 p.m. because a wedding is slated to use the room starting at 5:30.

Steele only needs to get 6 of Anuzi's forfeited 20 to win 85 votes and take the throne.

UPDATE - 4:05 pm:  It's Steele, with 91 votes.

Steele is the most moderate candidate, and (unlike Dawson) not from the South (NOTE: But he is pro-life).  And he's black.  Signs of a major shift in the Republican party.

Conservatives are becoming dust in the wind.....

UPDATE:  On Twitter, Ana Marie Cox observed, “Strong showing for Steele –widely considered a ‘moderate’ — in #rncchair suggests that Rs at least considering abandoning Palinism,” which she defined as, “[a]ggressive know-nothingism, pride in ignorance.” “It’s a diverse party. We’re tired of being labeled as white supremacists,” said a committee member from Rhode Island.

And it looks like social conservatives will be very unhappy.....

Kennedy Collapses At Inauguration Luncheon

Wheeled out on a stretcher.  Remember, he was diagnosed with a malignant brain tumor in May.

Senator Byrd (D-W.Va) collapsed as well, although it doesn't sound as serious.  I'm not a big fan of Byrd, being a former Klansman and all.

(Photo from earlier in today's inaugural luncheon)

UPDATE:  Senator Claire McCaskill (D-Mo), who has been twittering all day, notes Kennedy's collapse.

Air Disaster Over NYC

A flock of birds was apparently struck by a much larger metallic bird.

2 geese presumed killed so far.... 

Breaking News: O.J. Sentenced

A good long one, too.  16 years.  Eligible for parole in 6 years.  Good.

I guess it's really good for the "real killers" who won't have O.J. on their trail for a few years.

Bush Speaks To Nation; Reassures Everyone

During the course of his chat with the nation, the Dow dropped 60 points.

I'm thinking maybe he needs to not talk to us anymore.  We're just sick of him (which is why, I think, Oliver Stone's "W" is going to have lackluster box office receipts).

Dow Plunges Below 10,000

But you probably know that already.

And as for that $700 billion bailout?

Money well spent....

Recovery Plan Bill Passes House

I guess that's what... good?

Oh, okay. Good.

Morgan Freeman In Serious Condition After Mississippi Car Wreck

Sad....

Happened last night.  Car flipped several times.

Let's hope for the best....

UPDATE:  MSNBC is reporting he was talking at the scene of the accident, so that bodes well....

Little Tremble in California

The Nevada Seismological Lab Helicorder webcam (in my righthand column) caught it:

UPDATE:  Happened six minutes ago as I write this. 

Data from USGS says it was a 5.8.  Epicenter is 3 km ( 2 mi) SW of Chino Hills, CA, which is an LA suburb.  Happened at 2:42:15 pm. EST, which is 11:42:15 am Pacific Time.

News reports just coming in....

UPDATE:  USGS says epicenter was 47 km (29 miles) ESE (103°) from Los Angeles Civic Center, CA.  It appears to have been 12.3 km (7.6 miles) deep, which is, as earthquales go, pretty shallow.  Could mean some structural damage.

Looks like many smaller aftershocks, too....

MSNBC reporting only minor structural damage

Heller Decision In

5-4 in favor of individual gun rights, meaning that you can own a gun for self-defense and hunting (rather than for being in the militia, which arugably is what the Second Amendment says).  Justice Scalia wrote the opinion, joined by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito. Justice Breyer dissented, joined by Justices Stevens, Souter, and Ginsburg; there's also apparently another dissent.   MSNBC reports that the opinion "went further than even the Bush Adminstration hoped for".  Great.

The ruling is here (PDF), but good luck getting it right now.  Site seems to be flooded.

UPDATE:  Apparently, Stevens (and perhaps others) in the dissent believed it to be an individual right as well, but thought that D.C.'s ban was a permissible restriction.

UPDATE:  From Scotusblog:

Individuals have a constitutional right to possess a basic firearm (the line drawn is unclear, but does not extend to automatic weapons) and to use it in self-defense.  The government can prohibit possession of firearms by, for example, felons and the mentally ill.  And it can also regulate the sale of firearms, presumably through background checks.

The opinion leaves open the question whether the Second Amendment is incorporated against the States, but strongly suggests it is.  So today’s ruling likely applies equally to State regulation.

So it sounds like nothing has really changed; it only has the official stamp of approval from SCOTUS.

UPDATE:  Still can't get the opinion, but here are (reportedly) some selected quotes from it:

“Logic demands that there be a link between the stated purpose and the command.”

“We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans.”

“the most natural reading of ‘keep Arms’ in the Second Amendment is to “have weapons.”

“The term was applied, then as now, to weapons that were not specifically designed for military use and were not employed in a military capacity.”

“Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation.”

“Thus, we do not read the Second Amendment to protect the right of citizens to carry arms for any sort of confrontation, just as we do not read the First Amendment to protect the right of citizens to speak for any purpose.”

“The prefatory clause does not suggest that preserving the militia was the only reason Americans valued the ancient right; most undoubtedly thought it even more important for self-defense and hunting.”

Whoa.  I gotta stop there.  The prefatory clause of the Second Amendment says (in full): "A well regulated militia being necessary to the security of a free State, ....".

That clause does suggest that the militia was the only reason, since it is the ONLY reason mentioned.

Furthermore, what's with this "most undoubtedly thought it even more important for self-defense and hunting"?  What?  Is the majority mindreaders?  And even assuming that is true, maybe it is more IMPORTANT, but that doesn't mean they intended to make it a RIGHT.  Ugh.

Back to more selected quotes from the majority opinion....

“It was plainly the understanding in the post-Civil War Congress that the Second Amendment protected an individual right to use arms for self-defense.”

“Like most rights, the right secured by the Second Amendment is not unlimited.”

“Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”

“We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those ‘in common use at the time.’ 307 U. S., at 179.”

“Whatever the reason, handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid.”

“In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense. Assuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home.”

On the question of the Second Amendment’s application to the States: “With respect to Cruikshank’s continuing validity on incorporation, a question not presented by this case, we note that Cruikshank also said that the First Amendment did not apply against the States and did not engage in the sort of Fourteenth Amendment inquiry required by our later cases. Our later decisions in Presser v. Illinois, 116 U. S. 252, 265 (1886) and Miller v. Texas, 153 U. S. 535, 538 (1894), reaffirmed that the Second Amendment applies only to the Federal Government.”

That last bit is important.  Remember, this case involves D.C., which is all federal law.  Doesn't look like incorporation is happening, so states still can go further to ban guns.

Ted Kennedy Has a Brain Tumor

It's malignant:

(CNN) -- U.S. Sen. Edward M. Kennedy has a malignant brain tumor, doctors treating him at Massachusetts General Hospital said Tuesday.

Kennedy was hospitalized Saturday morning after suffering a seizure at his family's compound at Hyannis Port, Massachusetts.

"Preliminary results from a biopsy of the brain identified the cause of the seizure as a malignant glioma in the left parietal lobe," according to a statement from the doctors treating the senator.

"The usual course of treatment includes combinations of various forms of radiation and chemotherapy," they said.

The story is less than ten minutes old, and already there is much (sickening) rejoicing at The Free Republic:

"I would take a stab at what Mary Jo will say to him but I don't think they're going to meet in the same place."

"Strange how you can wish all sorts of terrible things upon someone who has almost single-handedly destroyed the country and then you hear about something like this and you remember what your grandmother told you about not saying anything if you have nothing nice to say, so......"

"Not wanting to get banned,I won't reveal my complete thoughts on the matter.But if I did they would feature the frequent use of the word "hell"."

Morons....

UPDATE:  The comments were so bad, the forum had to be shut down

Obama And Wright (The Latter Gets Thrown Under The Bus)

Well, I think Obama is doing (as I type this) what he needs to do.  Here in WInston-Salem, he is STRONGLY denouncing Wright.

Hopefully, this will put an end to the matter.

UPDATE:  Reformed log cabin Republican Andrew Sullivan:

That was a very impressive, clear and constructive re-framing of the core message of his candidacy; and a moment given to him by Wright. No one will ever be able to say that Obama threw his father-figure and pastor under the bus. We all know that the reverse happened. We also know that this clear repudiation of Wright's toxic, indeed "ridiculous" views on AIDS, 9/11 and permanent immiseration of people of color could not have happened unless Wright had made it necessary. Skeptics may wonder whether Wright actually deliberately did Obama a favor. I doubt it. But a favor it unintentionally is.

Maybe God does bring good out of bad. Maybe these racial and cultural divides can help us understand how better to move beyond them. Cynics may scoff - and certainly will. They will parse every nuance and try to paint Obama as another cynical, positioning pol. I don't believe it. He has more sincerity and integrity than the vast majority of politicians, more honesty, and more resilience in a very tough spot.

And today, we found that he can fight back, and take a stand, without calculation and in what is clearly a great amount of personal difficulty and political pain. It's what anyone should want in a president. It makes me want to see him succeed more than ever. It's why this country needs to see him succeed more than ever.

Okay, then.

Next manufactured controversy?

UPDATE:  The video.....

Baby News [Bumped and Promoted]

Heather is delivering her baby today, after staying up all night with contractions.  Looks like her husband Jeff was live-blogging it from the hospital this morning (they're still waiting around as of 8:45 am), although as the day goes on, I suspect he will have better things to do.

Thought and prayers to the two three of them.

UPDATE:  Cassandra Christine Maggs. Born this 14th day of April 2008 at 11:48am, weighing 6lbs. 2oz. at New York Presbyterian Hospital.  Pictures here.

And Four In Charlotte....

News of five bodies, apparently murdered in Iowa, was in the news this morning....

Now comes breaking news of four bodies, apparently murdered, found in Charlotte....

Sadly, as the economy gets worse, I think we're going to see more and more stories like this.

Fallon Out; War With Iran In?

In a recent article in Esquire, CENTCOM Commander Adm. William "Fox" Fallon openly criticized the idea of a possible war with Iran, which Fallon called an "ill-advised action".  Fallon implied that he would resign rather than go to war against Iran.  (Fallon is not alone on this; most military leaders are opposed to war with Iran).

Breaking news out of the Pentagon (so new there's no link) -- Fallon is stepping down as CENTCOM cammander.

Uh oh....

UPDATE:  Here's a link; Fallon asked to resign, supposedly....

Student Body President Of UNC-Chapel Hill Shot Dead

Breaking news:

Chapel Hill police have identified a woman found dead near the University of North Carolina campus Wednesday morning as the university's student body president.

Eve Carson, 22, a UNC senior and biology major, was found shot multiple times in the head about a half-mile from campus.

Police have also issued a bulletin for Carson's blue 2005 Toyota Highlander with Georgia license plate AIV-6690.

Officers spent most of Wednesday and Thursday morning following up and searching for leads in the case. At a news conference Thursday, they called it a "fairly random crime."

Anyone with information about case is asked to call the Chapel Hill Police Department at 919-968-27600.

University Chancellor James Moeser has scheduled a memorial at 3 p.m. at Polk Place on campus, and police will hold another news conference at 5:30 p.m.

RELATED:  Story from yesterday, before she had been identified...

Also, her student government profile and candidate page

BREAKING: McCain Relationship With Female Lobbyist?

I think this New York Times article is a little short on facts, long on innuendo.  And, it was 8 years ago.  Nevertheless, it's going to be the story for the next few days...

Early in Senator John McCain’s first run for the White House eight years ago, waves of anxiety swept through his small circle of advisers.

A female lobbyist had been turning up with him at fund-raisers, in his offices and aboard a client’s corporate jet. Convinced the relationship had become romantic, some of his top advisers intervened to protect the candidate from himself — instructing staff members to block the woman’s access, privately warning her away and repeatedly confronting him, several people involved in the campaign said on the condition of anonymity.

When news organizations reported that Mr. McCain had written letters to government regulators on behalf of the lobbyist’s clients, the former campaign associates said, some aides feared for a time that attention would fall on her involvement.

Mr. McCain, 71, and the lobbyist, Vicki Iseman, 40, both say they never had a romantic relationship. But to his advisers, even the appearance of a close bond with a lobbyist whose clients often had business before the Senate committee Mr. McCain led threatened the story of redemption and rectitude that defined his political identity.

Breaking News: Richardson Bows Out Of '08 Race; 6.5 Magnitude Off Of Oregon Coast

The two are not apparently related.

"This Well-Known Game Show Host Suffered A Heart Attack Today"

Um, who is Alex Trebek?

Rove To Quit

Cool.

Apparently without irony, he told reporters that he is going to go dove-hunting.  Seriously.

People think that Rove was an "evil genius" because of his strategic brilliance.  Carpetbagger thinks that a lot of hype, but:

His significance has everything to do with his cutthroat, win-at-all-cost style. Rove believes the political rule that there are no rules. Laws are meant to be broken. Scandals are meant to be covered up. Enemies are meant to be destroyed. The key to electoral success is to tear the country in half and see who comes out with the bigger chunk.

Moreover, Rove helped usher in an unprecedented approach to executive-branch governing — one in which the line between policy and politics no longer exists. Every agency, every official, every decision was a political opportunity to be exploited, laws and ethics be damned.

When history looks back at the disgrace of the Bush presidency, the one celebrated quote that will help capture much of what went wrong will be John DiIulio’s. It was DiIulio, the first director of the president’s White House Office of Faith-Based and Community Initiatives, who told Ron Suskind, “What you’ve got is everything — and I mean everything — being run by the political arm. It’s the reign of the Mayberry Machiavellis.”

This was Rove’s idea, and it was Rove’s job to execute the strategy. He’ll be leaving the White House in a few weeks, but his place in history is secure. That’s not a compliment.

Another Bridge/Overpass Collapse

This time in Arizona.  Thankfully, no one hurt, probably because it was under construction.

Do these things happen in threes?

Skip Prosser Dead

Not much of a college basketball fan myself, but the city of Winston-Salem has come to a stop as news is spreading that Wake Forest BB coach Skip Prosser just died.

More Cracks In The Wall: Rove Subpoenaed

Breaking news from CNN: they have issued a subpoena to Karl Rove to testify about his role in the Department of Justice attorney firings.

If he goes the route of Harriet Miers and Joshua Bolton -- i.e., refusing to comply -- he (like them) faces contempt of Congress charges.

Contempt!

MSNBC:

WASHINGTON - The House Judiciary Committee voted contempt of Congress citations Wednesday against White House Chief of Staff Josh Bolten and President Bush’s former legal counselor, Harriet Miers.

The 22-17 vote, which would sanction the pair for failure to comply with subpoenas on the firings of several federal prosecutors, advanced the citations to the full House.

The full House will take it up after the August recess.

Fun fact:

The last time a full chamber of Congress voted on a contempt citation was 1983. The House voted 413-0 to cite former Environmental Protection Agency official Rita Lavelle for contempt of Congress for refusing to appear before a House committee. Lavelle was later acquitted in court of the contempt charge, but she was convicted of perjury in a separate trial.

413-0.  That was back in the day when the GOP had enough principles to put down its partisanship and simply enforce the law.  I don't that could happen with today's Republican Party.

I've Seen This Movie....

Breaking news:

A strong earthquake struck northwestern Japan on Monday, causing a radioactive water leak and fire at one of the world's most powerful nuclear power plants and turning buildings into piles of lumber. At least seven people were killed and hundreds injured.

The plant leaked about a half-gallon of water in a building housing one of its reactors, said Katsuya Uchino, a Tokyo Electric Power Co. official.

Uchino said the water contained a tiny amount of radioactive material -- a billionth of the guideline under Japanese law -- and is believed to have flushed into the Sea of Japan.

Soon:

Breaking News: Iraq War Not Just A "Civil" Internal One Anymore

Turkey invaded?  Oh, great.

UPDATE:  Avarosis gives the 30-second background and analysis about the possible implications:

In a nutshell, Turkey is worried, has been worried, about the Kurds in northern Iraq. (You'll recall that Iraq is mainly made up of three groups, Kurds, Sunnis and Shias.) Turkey has a good number of Kurds in eastern Turkey - 20% of Turkey's entire population is Kurdish, and 50% of the entire Kurdish diaspora is in Turkey. Some of those Kurds started a violent separatist movement in the 1980s...

Turkey does not want to see the Kurds in northern Iraq gain their independence, lest the Kurds in Turkey choose to join them, splitting Turkey in two and leading to all-out civil war. But if Turkey invades Iraq in order to quell the anti-Turk insurgents there, the question remains as to how many troops Turkey will send, how far into Iraq they will go, and just how long they plan to stay. Will Turkey effectively annex northern Iraq? And what will that do to US efforts to quell the growing civil war nationwide? In effect, we'd have yet another all-out war to deal with in the north. And it's not clear whose side we'd choose - Turkey is a NATO ally and we could not accept the division of Turkey, but are we really going to start down the path of dividing up Iraq, which not only could make the current civil war explode even bigger, it could end up creating a Shia state that sides with Iran.

UPDATE:  Details still sketchy.  In fact, the Kurds are denying they've been invaded (yet).

Falwell Dead? [Update: Yes]

Breaking news

Obviously, I'm no fan, but it's always momentous when an influential man passes.  His zenith was in the Reagan era, when he set this country on a path which dictates much of the social and political landscape today.

UPDATE:  Retrospective from the Carpetbagger.

Also, the GOP '08ers are having a debate tonight.  Look for lots of lavish praise heaped on Falwell in order to woo the conservative right (just as they did on Reagan in the last debate).

BREAKING: Supreme Court Upholds Ban On Partial Birth Abortion

MSNBC story here.

Opinion here.

No time to read the opinion and give my expert legal analysis, but it's clear that Stenberg v. Carhart (2000) is effectively overturned (although the majority opinion denies that they are doing so).  The different between that case and this one?  Alito is on the Court; O'Connor is not.

UPDATE:  Lyle Denniston of SCOTUSBLOG does the work, so I don't have to:

Dividing 5-4, the Supreme Court on Wednesday gave a sweeping -- and only barely qualified -- victory to the federal government and to other opponents of abortion, upholding the 2003 law that banned what are often called "partial-birth abortions."

Justice Anthony M. Kennedy wrote for the majority in the first-ever decision by the Court to uphold a total ban on a specific abortion procedure -- prompting the dissenters to argue that the Court was walking away from the defense of abortion rights that it had made since the original Roe v. Wade decision in 1973 recognized a constitutional right to end pregnancy medically. Roe v. Wade was not overturned by the new ruling, as some filings before the Court had urged.

The Court said that it was upholding the law as written -- that is, its facial language. It said that the lawsuits challenging the law faciallly should not have been allowed in court "in the first instance." The proper way to make a challenge, if an abortion ban is claimed to harm a woman's right to abortion, is through as as-applied claim, Kennedy wrote. His opinion said that courts could consider such claims "in discrete and well-defined instances" where "a condition has or is likely to occur in which the procedure prohibited by the Act must be used."

Kennedy said the Court was assuming that the federal ban would be unconstitutional "if it subjected women to significant health risks." He added, however, that "safe medical options are available." His opinion noted that the Bush Administration "has acknowledged that pre-enforcement, as-applied challenges to the Act can be maintained."

The majority said it had not "uncritically" deferred to Congress' factual findings in passing the Partial-Birth Abortion Ban Act of 2003. "We do not in the circumstances here place dispositive weight on Congress' findings," Kennedy wrote, adding that the Court was not accepting the Bush Administration argument that the law could be upheld on the basis of those findings alone. He added "The Court retains an independent constitutional duty to review factual findings where constitutional rights are at stake."

Justice Ruth Bader Ginsburg, speaking out in the courtroom for the dissenters, called the ruling "an alarming decision" that refuses "to take seriously" the Court's 1992 decisions reaffirming most of Roe v. Wade and its 2000 decision in Stenberg v. Carhart striking down a state partial-birth abortion law.

Ginsburg, in a lengthy statement, said "the Court's opinion tolerates, indeed applauds, federal intervention to ban nationwide a procedure found necessary and proper in certain cases by the American College of Obstetricians and Gynecologists. For the first time since Roe, the Court blesses a prohibition with no exception protecting a woman's health." She said the federal ban "and the Court's defense of it cannot be understood as anything other than an effort to chip away at a right declared again and again by this Court -- and with increasing comprehension of its centrality to women's lives. A decision of the character the Court makes today should not have staying power."

That final comment, concluding remarks delivered matter-of-factly, clearly was a suggestion that the ruling might not survive new appointments to the Court -- just as the arrival of Chief Justice John G. Roberts, Jr., and, especially, Justice Samuel A. Alito, Jr. -- had led to the switch she claimed had come about this time. Ginsburg pointedly noted that the Court is "differently imposed that it was when we last considered a restrictive abortion regulation" -- in Stenberg in 2000.

Joining Kennedy in the majority were the Chief Justice, and Justices Alito, Antonin Scalia and Clarence Thomas. With Ginsburg in dissent were Justices Stephen G. Breyer, David H. Souter and John Paul Stevens. Thus, Alito's replacement of retired Justice Sandra Day O'Connor made the most difference in turning the Court around from its 2000 decision in the Stenberg case. O'Connor was in the majority in that decision, as were the four dissenters in this new decision.

Something strikes me as a bit odd about the procedural aspects that result from this ruling.  It looks like the law banning partial birth abortions can still be challenged in as-applied, "discrete" instances.  The problem, of course, is that if a partial birth abortion procedure is medically required, the woman patient isn't going to have the time to dick around for months in courtrooms.  Maybe I'm missing something.

Personally, I can't get too worked up about this.  The partial birth abortion procedure has gotten a lot of press, and anti-choice advocates get really really worked up about it.  But the fact is, it is a very, very little-used procedure, used only in the rarest of abortion cases, and only where it is medically necessary.  I'm not sure this opinion represents a huge victory for the anti-choice crowd, nor does it really come close to signalling the death knell for Roe v. Wade.  Perhaps the negative impact of this decision is a change in the way courts look at abortion challenges, rather than the actual result in this particular corner of the battle.  But I'd have to get in to the opinion to make that assessment for sure.

UPON SOME REVIEW:  I'm loving Ginsburg's dissent.  Her points, distilled by me:

• The majority is saying that the government has a legitimate and substantial interest in preserving fetal life.  But that's a bullshit rationale, because the law in question doesn't save a single fetal life.  It only bans one method of abortion, forcing (some) women to choose an alternative (and perhaps more dangerous) procedure.
• The majority admits -- they admit -- that their basis for upholding the ban is based on "moral concerns".  But when it comes to "moral concerns" over "fundamental rights", it is the job of the courts to protect rights.
• The majority whips out that old canard that women who have abortions come to regret this decision and suffer from "severe depression".  Do they have any evidence for this?  How frequently does this happen?  While the decision to have an abortion is unquestionably difficult for most women, what's that basis for the conclusion that most, or even many, women "come to regret the decision"?  There is no conclusive evidence -- yet the majority just states it as if it was fact.
• The majority's decision is paternalistic, harkening back to the ancient days where women knew their place and men made all the important decisions.  Under the court's decision today, women will become less informed about decisions that affect their bodies and their lives.
• The majority is clearly biased,  They use the word "baby" and "unborn child" to describe what is more accurately a "fetus".  Obststricians are referred to as "abortion doctors" (a perjorative term).  Second term abortions are referred to as "late term" abortions.
• The decision allows for an "as applied" challenge to the law.  But in the real world, when a doctor is faced with having to make an immediate decision -- i.e., to perform a partial birth abortion when the mother is in medical need -- what's he going to do?  Save the woman and risk criminal prosecution?  The court's decision really puts the screws to him and mothers.

Here's her strongest quote:

Today’'s decision is alarming. It refuses to take Casey and Stenberg seriously. It tolerates, indeed applauds, federal intervention to ban nationwide a procedure found necessary and proper in certain cases by the American College of Obstetricians and Gynecologists (ACOG). It blurs the line, firmly drawn in Casey, between previability and postviability abortions. And, for the first time since Roe, the Court blesses a prohibition with no exception safeguarding a woman's health.

Breaking: Libby Guilty

on four of five counts in his perjury and obstruction of justice trial.

The verdict isn't as important as what the whole Plamegate process and trial actually revealed, i.e., the Vice President's main adviser has just been convicted of obstructing an investigation not just of himself but of the Vice President, and the trial brought out substantial evidence that Cheney was Libby's original source of the information that Valerie Plame was a CIA agent; that Cheney remained aware that Plame worked at the CIA throughout the relevant period; and that Cheney made it an important part of the pushback against Joe Wilson after Wilson published his op-ed, probably directing Libby to disclose Plame's identity to Judith Miller on July 8 in order to get the information published.

And why?  Because Joe Wilson called Bush on a lie (the lie that Saddam had tried to obtain uranium from Africa).

RELATED:  Here are all my Plame posts (the first post I had about the Plame scandal was 3 years and one day ago)

Breaking News: Gas "Cloud" in Manhattan

This doesn't smell good.

UPDATE:  Source of the gas smell is unknown.  Officials are saying it's not likely a terrorist attack.

RELATED:  Downtown Austin closed due to the mysterious death of birds.  Weird stuff happening today.

Bolton Resigns

Good way to start the week.

BREAKING NEWS: RUMSFELD RESIGNING!

CNN has the headline, no article.

MSNBC has something -- he's being replaced by Robert Gates, CIA Director under Bush 41.

The NY Times editorial from this morning is prescient.

UPDATE:  Apparently, it's been in the works for some time.  Yet, Bush said last week that Rummy would stay on for the remaining two years.

So . . . Bush lied (again).  When asked why he kept it a secret from Americans, Bush said he didn't want to influence the elections.  Does that make sense?  if Rummy had resigned two weeks ago, the Republicans might have pulled this one out.

Liars and morons.

UPDATE:  Apparently, Bush doesn't think the bad election results (from his perspective) had anything to do with Iraq and/or that Americans don't get the it.  Yeah.  Keep talking, Delusion Boy.

Still this is a....

Rummy, we hardly knew ye.

Not What We Think

It has the earmarks of an accident.... but you always wonder.

UPDATE: Looking like the pilot was a pitcher for the New York Yankees -- Cory Lidle.  The plane was registered in his name, and his passport was found on the street below.

ANOTHER UPDATE:  I note from the Cory Lidle link above that the Yankees placed Cory Lidle on their "bereavement list" on August 18.  A "bereavement list" is described in the Baseball Glossary:

"A player who is grieving (due to the death of a family member or friend) can be placed on the bereavement list with league permission. He must stay on the list for at least three days and be activated within ten days. His roster spot can be filled by another player."

A Foul Wind

Well, this doesn't sound good....

Thousands evacuated from N.C. town

APEX, N.C. - As many as 17,000 people were urged to flee homes on the outskirts of Raleigh early Friday as flames shot from a burning hazardous waste plant and a chlorine cloud rose high over the area.

CNN adds:

Family wakes up after knock on the door at 1 a.m.

All area hotels were booked up, according to Radford, and at least 200 residents had gathered at an elementary school that was transformed into an emergency shelter.

At the shelter, the parking lot was full as several hundred residents and their pets milled around, including Cory Cataldo, his wife, Sherry, and their two young sons, according to AP.

Cataldo said the family was awakened around 1 a.m. by a knock at the door, and a man told them to evacuate because of a chemical fire. "That's about all I needed to know," he said. "My first concern was just to get everybody out."

The downtown is covered in thick black smoke, and Radford said he is concerned about people who have ventured near the fire for a closer look. Residents as far as two miles away could see the plume or smell the chemicals, officials told AP.

"People are going to want to come in and sightsee at this fire scene," Radford told AP. "They will either get terribly sick or they will be arrested. No questions asked."

Live local NBC affiliate coverage here.  Other live news coverage here.

One Night In Bangkok

CNN and MSNBC are reporting that there may be a coup attempt in Thailand....

This story is only minutes old -- even AP has nothing.

UPDATE: 12:10 p.m. - Okay, everyone's got the story now.  Still, some good blogger coverage at Bangkok Pundit and 2bangkok.

I confess.  I have absolutely no knowledge of Thai politics.  I couldn't even hazard a guess.  So I have no idea if the coup is a good thing or a bad thing. 

But usually, military coups are a bad thing.  So, I'll go with "bad thing". 

Our economy is affected by Thailand.  We have many manufacturers there (you know, cheap labor) so anything destabalizing to that country (and I think an armed military coup probably qualifies) is not a good thing.