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It is becoming more and more difficult

Stephen Views the News - July 4, 2008 - 2:01pm
It is becoming more and more difficult to resist the groundswell urging me to run for elective office. Billboards and bumper stickers are literally flooding the landscape. News3Online has the video and details. What began as a modest blog one year ago, Stephen Views the News has stirred the interest and patriotism of citizens across a broad spectrum of political philosophies and demographics. While assembling a group of seasoned advisors I have begun working on a platform that includes:

~ At press conferences, town hall meetings and debates candidates must be connected to a lie detector with the results instantly shown on a 77 inch plasma screen.
~ People of Greek descent can not own Jewish delicatessens. Corned beef and feta on pita does not work!
~ Paid medical insurance for congressmen will be discontinued and they will be required to enroll in a pay-as-you-go HMO.
~ If a congressman votes for the country to go to war they, their children and their grandchildren immediately become eligible for a military draft.
~ For every adult vibrating instrument banned in Alabama a gun will have to be relinquished.
~ Executives of companies that import toys from China are required to have their children play with the toys before they can be released to the public.
~ On the night of elections no results can be released and Wolf Blitzer will be muzzled until every voting location is closed.
~ Members of the National Guard are not permitted to be deployed outside of the United States.
~ No member of the Bush family will be permitted to run for office within the United States.
~ People with safety pins, rings and bars penetrating facial parts are not permitted to work in food stores or restaurants.
~ Cell phones will automatically shut off when entering an automobile, a restaurant or a restroom.
~ For every weapon that a gun manufacturer produces, a bullet proof vest must be donated to a police department.
~ For every Big Mac sold, Ronald McDonald must make a donation to The American Diabetes Association.
~ No member of congress will be allowed to sponsor or vote for a same-sex marriage ban that has engaged the services of a prostitute or solicited sexual favors in an airport restroom.
~ The Environmental Protection Agency will amend its mandate to actually protect the environment and the public.
~ Before a School Board member is allowed to vote on the inclusion of Intelligent Design in the curriculum they must first enroll in No Child Left Behind.
~ FOX News – reference 77 inch plasma screen.
~ To ensure diversity one can only cast a ballot for a candidate of a different race, gender or sexual orientation.
~ Terms for Representatives will be extended from two to three years and terms for Senators reduced from six to four years.
~ The waiting period for former elected officials to register as lobbyists is extended from 2 to 38.5 years.
~ Before a congressman can pontificate about expelling the 12 to 20 million undocumented residents in the U.S. they are required to present a practical plan to implement the expulsion.
~ Before one can watch fireworks on July 4th it is required to know the significance of the holiday being celebrated. This requirement has special application for the President and Vice President of the United States.

We are a most fortunate people to have inherited the legacy of freedom and opportunity that began on this date 232 years ago. In appreciation I wish you a happy Day of Independence.

“If nominated, I will not accept; if elected, I will not serve.”
William Tecumseh Sherman (1820 – 1891)

* The passing of comedian George Carlin

Stephen Views the News - June 28, 2008 - 11:58am
* The passing of comedian George Carlin this week generated citations of his humor and philosophy. The following appeared in the Philadelphia Inquirer:
While critical of society, Carlin was no political activist. His view of the human condition was bleak.
"I really don't have a stake in any of this," he said. "I'm not a cheerleader for a certain outcome. Most liberals who despair of the current state of things, most of them think there's a solution and so they're naturally disappointed. It's built into their thinking system. I know there's no solution, so I just enjoy what's here and I enjoy the journey."
Conditions in this world and this country are in some ways bleak. I am certainly guilty of harboring disappointment. Where Mr. Carlin and I diverge is his assessment that there is no solution. It ignores the very essence of what has made America one of the greatest countries in world history. Addressing the challenges of large-scale community and overcoming man’s foibles and weaknesses are the very heart of this nation. America has stumbled and at times failed but finding solutions to the challenge of people living together defines America.

* For lunch I will have a B & L sandwich – Our government can listen to almost any phone call or track an email through eleven servers over 3 continents. At the same time it cannot identify the source of killer tomatoes grown somewhere in the United States. If only tomatoes could be designated terrorist fruit.

* Funding Iraqi TV ~ the hell with Public Broadcasting – The Bush administration has slashed the proposed public broadcasting budget by 56 percent -- putting at risk vital news, educational and cultural programming that millions of Americans say they prefer to commercial media. The website Free Press has details and a petition to Congress urging that these funding cuts not be approved. It is interesting that “since the 2003 invasion of Iraq, the U.S. government has spent nearly $500 million on an Arabic language television and radio station.” The network is known as al Hurra and its initial mission was to counter the influence of the Qatar-based al-Jazeera news network in Iraq and elsewhere in the Middle East. How has this venture worked out? Based on a joint investigation by 60 Minutes and ProPublica it resembles so many other Bush administration efforts. The president of the network Brian Conniff “does not speak Arabic and is unable to understand anything broadcast on the radio and television networks he is paid to manage. Conniff has no journalism experience and worked previously as a government auditor. The news director has no television experience. Much of the staff lacks Arabic language skills and a background in broadcast journalism. There has been little financial accountability. There's also evidence that the station was exacerbating the sectarian tensions in Iraq…” TPM Muckraker has more details. My concern for public broadcasting led me to wonder if some of its funding could be found in Pakistan. The Bush administration has paid Pakistan more than $2 billion without adequate proof that the Pakistani government used the funds for their intended purpose of supporting U.S. counterterrorism efforts. Maybe there is some loose change lying around.

* Symbolism as art form– A San Francisco group is attempting to place an initiative on the November ballot. It proposes re-naming a water-treatment plant the George W. Bush Sewage Plant. “The renaming would take effect on Jan. 20, when the new president is sworn in. And regardless of the measure’s outcome, supporters plan to commemorate the inaugural with a synchronized flush of hundreds of thousands of San Francisco toilets, an action that would send a flood of water toward the plant, now called the Oceanside Water Pollution Control Plant.”

*The Alternative Universe:

~ Watching the pennies - The Defense Contract Audit Agency found $4.9 billion "in overpricing and waste" in Iraq contracts since 2003, a figure that doesn't include an additional $5.1 billion in "expenses charged without documentation." Although oversight is years late, the Army moved to add 5 active-duty Generals to oversee purchasing and monitor contractor performance. The White House has killed the move citing the proposed additional cost of $1.2 million as its reasoning – for a program that cannot account for $10,000,000,000 (billion). Is it possible the White House did not want to expose its corruption and incompetence? While this $1.2 million expenditure is considered extravagant the Bush budget for the Abstinence Only program to encourage teens to avoid sex is $50 million. The program is such a failure that only half of the states are accepting the funding. Perhaps some of these unused funds can be re-budgeted to find the missing $10 billion or finance public broadcasting.

~ Pride: the happy satisfied feeling somebody experiences when having or achieving something special - John McCain opposed increased benefits for veterans in the Webb GI bill saying they were too generous. When the Senate passed the legislation this week he was not present for the vote. At a town hall meeting in Ohio on Friday McCain took credit for the bill. It was an apparent proud moment for the “straight talking” candidate as seen in this YouTube video.

~ A sour note to “Let Freedom Ring” - A new WorldPublicOpinion.org poll of citizens’ attitudes about torture in 19 nations finds Americans among the most accepting of the practice. “Although a slight majority say torture should be universally prohibited, 44 percent think torture of terrorist suspects should be allowed, and more than one in 10 think torture should generally be allowed. In the United States of America, FORMERLY a world leader for morality and human rights, we find so many of our citizens believe the concept of rights, due process and rule of law to be blah, blah, blah and the torturing of SUSPECTS acceptable. Thank God we are still One Nation under God.

~ Loving to be hateful - On Monday FOX News personality Laura Ingraham declared that Democratic Presidential candidate Barack Obama has been endorsed by North Korean leader Kim Jong Il. It is still early in the presidential campaign. By September FOX will be claiming that Osama bin Laden, Che Guevara and Fidel Castro have endorsed Obama and that Genghis Khan is slated to be Obama’s Secretary of Defense.

* McCain campaign advisor Charlie Black said that a terrorist attack on the U.S. prior to the presidential election would help McCain get elected. The comment stirred quite a controversy but little comment about the logic – assuming that logic applies to elections in this country. A terrorist attack prior to the election would occur during Bush’s tenure. Since McCain has tied his presidential bid umbilical cord to the Bush mother ship might not the opposite of Black’s assertion occur? Political fodder aside, what is most important to each of us is the candidates’ policy positions. A visit to McCain’s and Obama’s websites is illustrative of their approaches. Both advocate a strong and modernized military. McCain mirrors the Bush mantra of fighting Islamist extremists but omits specifics as to how he would actually protect America from terrorists. At the Obama site, under the heading “Protecting the Homeland,” he discusses the following areas that Bush and McCain have to a large and serious degree ignored:
Protecting Our Chemical Plants
Keeping Track of Spent Nuclear Fuel
Evacuating Special Needs Population in Emergencies
Reuniting Families After Emergencies
Keeping Our Drinking Water Safe
Protecting the Public from Radioactive Releases
Perhaps 2008 will be a time when “logic” re-enters the national discourse. Call me an optimist.

* ~ In America, anyone can become president. That’s the problem.
~ Bipartisan usually means that a larger-than-usual deception is being carried out.
~ Conservatives say if you don't give the rich more money, they will lose their incentive to invest. As for the poor, they tell us they've lost all incentive because we've given them too much money.
~Once you leave the womb, conservatives don't care about you until you reach military age.
George Carlin (1937 – 2008)

* Patriotism or Avarice? – President

Stephen Views the News - June 21, 2008 - 9:24am
* Patriotism or Avarice? – President Bush and Republicans are pushing Congress very hard to give immunity to telecommunication companies that broke the law cooperating with the government's illegal warrantless surveillance program. As of Friday the House has capitulated to the White House demand for telecom immunity and the Senate will debate the bill next week. We are told that companies such as Verizon and AT&T were being patriotic. Perhaps they were. Perhaps they were not. According to Washington Technology magazine, Verizon received $1.3 billion, Sprint $839 million and AT&T $505 million in federal prime contract revenue for fiscal 2007, for a total of $2.6 billion. While the companies have been government contractors for a long time, it still represents a significant increase in revenue. Glenn Greenwald has an excellent blog on the amounts being spent through lobbyists by this group in 2008 and the sleazy influence they have on Congress. One company that did not participate in illegal spying was Qwest and they subsequently lost hundreds of millions of dollars in contract opportunities. Qwest did not participate because they thought the program illegal. In a court opinion from 2006 U.S. District Chief Judge Vaughn R. Walker commented, "AT&T cannot seriously contend that a reasonable entity in its position could have believed that the alleged domestic dragnet was legal." I will reserve judgment whether the telecoms were being patriotic. I do not doubt that the Bush administration waved a very lucrative financial stick with threat of strong reprisal when enlisting the telecoms to participate in an illegal venture.

* Unlawful acts engender their own momentum – Physicians for Human Rights has just released their report
Broken Laws, Broken Lives: Medical Evidence of Torture by the US. It details torture suffered by 11 prisoners from Guantanamo Bay and Abu Ghraib. As noted by the Washington Post, “One of the interviewed detainees, Ali al-Qaisi, detailed horrors of defecation, sodomy, excruciating pain and humiliation… The assessments of 11 men formerly held in U.S. detention camps overseas revealed scars and other injuries consistent with their accounts of beatings, electric shocks, and shackling.” ALL 11 MEN WERE EVENTUALLY RELEASED FROM CUSTODY WITHOUT BEING CHARGED WITH CRIMES. The Supreme Court ruling last week concluded that habeas corpus applies to prisoners being held by the U.S. military and that just cause must be demonstrated to justify incarceration. The Courier-Journal of Louisville, Kentucky commented in an editorial favoring the Court decision: “Critics should shelve their usual braying about ‘permissive liberal judges.’ Does American conservatism truly now embrace a doctrine of authoritarian executive power?... Due process, fair trials and timely resolutions are American strengths, not weaknesses. The Court has wisely cleared the way for them to work.” Once laws are ignored doors open to further abuses and this truth has been demonstrated repeatedly over the past 7 years. No oversight of imprisonment, the use of torture and illegal spying on Americans are examples of this administration’s acts that stain our country and our society. The America of George Bush and Dick Cheney is not the America that most of us envision. It is beyond time for Americans and Congress to comprehend and then reject the thorny road carved out by this President and Vice President. To do less multiplies their sins of commission and our sins of omission.

* Exercising exorcism ~ exorcising science – One of the leading candidates to be John McCain’s vice-presidential nominee is Louisiana Governor Bobby Jindal. Mr. Jindal would bring a unique perspective to the McCain ticket. It is difficult to recall a VP candidate who claims to have rid a friend of cancer through an exorcism. In 1994, the now 37 year- old Republican, describes just such an event in an essay he submitted to the publication New Oxford Review. The article, ”Beating a Demon – Physical Dimensions of Spiritual Warfare,” he describes using a bible, a crucifix and chanting Hail Mary to rid his friend of the illness. Furthering his maverick status the exorcism procedure Jindal used is apparently outside of Church law and protocol. Taking one nano step closer to “mainstream” ideas Jindal is a big proponent of Intelligent Design – the religious right alternative to scientifically based evolution. Appearing this past Sunday on Face the Nation Jindal “defended intelligent design as a legitimate scientific discipline that has a place in the nation’s classrooms… Jindal said that local school districts should decide for themselves what theories to teach and that federal and state governments should stay out of the equation.” This statement may have gravitas for strict adherents of states rights but not to anyone with a sense of the validity of science. The President of the National Academy of Sciences, Bruce Alberts, said in a NY Times op-ed, “Because ‘intelligent design’ theories are based on supernatural explanations, they can have nothing to do with science.” I think that Gov. Jindal is a good fit for a McCain campaign unburdened with truth and fact and policy positions as flexible as the predictions of a storefront psychic.

* Preparing for disaster ~ before it happens – The current Iowa flood disaster has regenerated interest in a plan that had stalled in the Pennsylvania legislature. The bill would create the state’s first dedicated fund for flood prevention and storm cleanup. The proposed funding appears to be simple and painless for residents. “The proposed PA Flood Grant and Assistance Program would require all property owners to pay a surcharge of 20 cents on every $100 of insurance premium payment.” For the average residential policy the cost would amount to $1 a year and generate $9.5 million annually. There is no cost to the state or insurance companies and the money spent to prevent floods could potentially save both parties untold millions and higher insurance rates for homeowners in the event of a disaster. Perhaps this plan requires a larger scale or a different approach but at a minimum it is creative and proactive toward preventing and addressing catastrophic events. It is well-documented that over-development, a deteriorating infrastructure and changing climate are placing many communities across America at risk. Attention to these issues now will save lives and treasure.

* A view from abroad ~ President Bush concludes his final European jaunt – A leading British newspaper, The Independent, ran an opinion piece titled, “The Tragic Legacy of a Disastrous President.” The entire article is worth a read because it provides a perspective of America from one of our closest, long-term allies. One excerpt is most telling: "Perhaps Mr. Bush's most significant legacy, as far as Britain is concerned, will be the destruction of the instinctive trust of America and its leaders that once prevailed here. It is no exaggeration to say that Mr. Bush has done more damage to relations between our two nations than any president in living memory. This rupture is not an accident of circumstance; there are no impersonal forces of history to blame. This sorry state of affairs is the consequence of the actions of a single leader and his small coterie of advisers. ... And whatever the future holds for transatlantic relations, there will be very few in this country who watched President Bush's plane depart yesterday without a feeling of profound relief that the end of this disastrous presidency is finally in sight." An overwhelming majority of Americans will share this feeling on January 20, 2008.

* The worse laid plans… – When President Bush initiated his “exporting democracy” policy several years ago few imagined it would result in millions of people being “freed” - from their homes and a life of normalcy. The UN Refugee Agency is reporting that currently 3.1 million refugees are Afghans and 2.3 million are Iraqis. Let freedom ring!

* Gay rights ~ wedding bell blues – I applauded the California Supreme Court’s decision to strike down the state’s ban on same-sex marriage. Many gay couples have begun taking advantage of the right to have their relationship receive legal status through civil ceremonies and in some cases ceremonies conducted in a house of worship. However, the extension of rights to one group should not result in the diminishment of the rights of others. There are some religious denominations and particular houses of worship that refuse to conduct marriages for couples of the same sex. This refusal is resulting in lawsuits that strike a faulty note. Gaining the right to same-sex marriage does not void another’s right to their belief system. That should not have to be adjudicated.

* Disingenuous dissertation ~ de rigueur – Republicans, instead of directing their attention to a responsible energy plan, want to drill for oil off our coasts and in wildlife preserves in Alaska. Once again lies and fear justify their agenda. “In a speech to the U.S. Chamber of Commerce, VP Dick Cheney said…that waters in the eastern Gulf of Mexico, long off limits to oil companies, should be opened to drilling because China is already there pumping oil (off the Cuban coast).” Red China, Communist Cuba and the boogeyman would surely be an influential cocktail to win the day! When it was documented that none of these assertions are true the Vice President’s office “acknowledged that he was mistaken”. Well, okay – some things have changed. Following Cheney’s initial lies about China drilling off Cuba the U.S. did not bomb the island.
~ The benefits of off-shore oil to consumers are meager. A Philadelphia Inquirer editorial noted that off-shore oil exploration and construction will take three to 10 years at best, and an additional 10 years for full ramp-up, leading to a savings per gallon of . . . pennies.” Who does benefit from this approach? Can you say, “Big Oil?”

* Energy policy ~ who speaks for the people? – This week the Senate began debate on the Climate Security Act sponsored by Senators Boxer, Lieberman and Warner. The bill is opposed by energy special interests as well as John McCain. McCain says that he opposes it because it does not provide sufficient funding for nuclear power plants. That may be the case but perhaps there are other influences at work. Since 1990 McCain has received just over $2 million dollars in campaign contributions from oil, coal, electric utility, auto, chemical and nuclear industries ($1 million of it from gas and oil). The only Senator to have received more money from this group is Texas Senator (R) Kay Bailey Hutchinson at $2.8 million. Adding to the influence of special interests is the fact that “John McCain has at least 22 people working for his campaign, either as top fundraisers or as senior campaign staff that have lobbied for Big Oil.” There are many environmental groups that oppose this bill believing it to be weak and shortsighted – opposition based on merit and concern for the environment. Friends of the Earth provides a critical analysis of this bill. I do not believe that Mr. McCain is a member of this group.

* Government concern for consumers – For quite a long time this concept has been an oxymoron, especially with respect to a poorly regulated financial industry bolstered by laws and regulations clearly anti-consumer. The Federal Reserve Board and two other federal banking agencies are proposing a rule to reform some of the most unfair credit card tricks that include applying higher interest rates to an old balance and sending bills so close to the due date that many will wind up paying late charges. Not surprisingly, the banking industry and their lobbyists are opposing reform. The organization Americans for Fairness in Lending is providing a petition to the Federal Reserve Board supporting credit card reform.

* Speaking of oxymorons and empty rhetoric:
“At this moment, America's highest economic need is higher ethical standards -- standards enforced by strict laws and upheld by responsible business leaders.”
George W. Bush, current President of the USA, corporate responsibility speech - July 9, 2002

* "The only title in our democracy superior to that of President is the title of citizen."
Justice Louis Brandeis (1856 – 1941)

* My rock garden – Several years ago

Stephen Views the News - June 14, 2008 - 11:44am
* My rock garden – Several years ago I placed a number of rocks by a flower garden. The landscaping still looks beautiful but I have no expectation that the rocks have any more intelligence now then when first placed on my property. My rock garden is analogous to the Bush administration. They arrived in Iraq several years ago and, like a rock, they are no more intelligent now then when they instituted this immoral war. If anything, they have regressed while justifying and juxtaposing their original sin. McClatchy Newspapers is reporting that “the United States is demanding 58 bases (28 more bases than currently in place) as part of a proposed "status of forces" agreement that will allow U.S. troops to remain in the country indefinitely (hello, John McCain)… Leading members of the two ruling Shiite parties said in a series of interviews the Iraqi government rejected this proposal along with another U.S. demand that would have effectively handed over to the United States the power to determine if a hostile act from another country is aggression against Iraq. Lawmakers said they fear this power would drag Iraq into a war between the United States and Iran (a concern of international magnitude).” Many Iraqis see this proposal as “more abominable than the occupation.” The Bush administration is in place for about 7 more months. It is imperative that what have been a demonstrably weak congress and a compliant military somehow find the courage and ability to keep Bush and Cheney in check. The alternative is further devastation of our military and treasure and a worsening of our ability to address the Iraq quagmire once the rocks drop out of office.

* George Bush in free-fall – not the reality, the game – A reader forwarded an online game that has our 43rd President free-falling through the sky. With your cursor you can stop him from falling and flipping. My cursor chose the passive approach.

* Freedoms in free-fall ~ not the game, possibly the reality – Most of us treat it lightly that the U.S. government’s spying on its own citizens is increasing but at a rate unknown under the blanket of “national security.” The Soviet Union once called it state secrets. A reader brought to my attention an ACLU dramatization of what you may experience by 2010 when ordering a pizza. I smiled during the one minute video presentation. Upon reflection, my smile faded.

* Economics and individual rights ~ boosting the economy and helping America be America – When the recent court ruling in California announced the state would recognize same-sex marriages cash registers started ringing. “…wedding businesses started getting calls from thousands of gays and lesbians planning their nuptials. Many businesses have begun wooing the couples — Macy's, for example, recently took out a huge ad in several newspapers celebrating the ruling and promoting its wedding registry.” According to a UCLA study, “Same-sex weddings could swell the wedding industry's coffers by $684 million (over the next 3 years).” It is a win-win situation for everyone except the arrogant religious-right pretending they have the “God-given” right to tell people how to conduct their lives.

* Concentrated wealth and power control America ~ forces that have seriously wounded our country – In the late 19th and early 20th century congress enacted laws such as the Robinson-Patman Act and the Sherman Anti-Trust Act to control the power of corporations. Eventually, the essence of these laws waned, controls on financial institutions were negated and we saw the rise of private equity firms that face few controls and pay a tax rate of 15% (higher than the rate paid by file clerks working for these companies). “The equity firms such as Carlyle Group and Kohlberg Kravis Roberts take over companies with little of their own money, lay off workers and reap the profits when they resell.” Their involvement in the economy benefits few. Their economic power, as expressed through lobbyists to influence congress, makes for a bad situation for the American worker and consumer and the American economy. Their influence over Republicans and Democrats in congress is egregious. In October of 2007 the Senate decided “its schedule was too busy” to try to close the tax loophole that allows these investment firms to be taxed at a 15% rate. One of the reasons that this is a problem is the old adage that the rich get richer and the poor get poorer. It was never more appropriate than it is today. “The richest 1 percent of Americans currently hold wealth worth nearly $16.8 trillion, $2 trillion more than the bottom 90 percent.”

There was a ray of light when congress ignored its responsibility to address this serious situation in the person of Barack Obama when he said, "If there was ever a doubt that Washington lobbyists don't actually represent real Americans, it's the fact that they stopped leaders of both parties from requiring elite investment firms to pay their fair share of taxes, even as middle-class families struggle to pay theirs. When I'm President, the American people won't have to spend record amounts on lobbying to get their voice heard in Washington. I will close tax loopholes for big corporations...."

The past decade reaffirmed historical evidence that greed on steroids does not allow for equity or fairness in the marketplace. Taxation is only one aspect. Fair paying jobs, workers rights, work place safety, product safety, competition and consumer rights have all suffered as business interests have come to dominate the national and international landscape. Only a strong president and legislature can effectively change the playing field as it now exists. It is imperative that Americans realize this reality and change the makeup of the White House and the Congress through their votes. To do less is self-destructive and imperils the requisite framework for a viable democratic structure. In the not too distant future we will learn if the American people choose to be governed within a democracy or ruled by an oligarchy. There is no gray area. Obama and John McCain offer us the stark choices that will define this country going forward.

* Our tax dollars at work ~ well, actually on sabbatical – When you think that the Bush administration could not have screwed up the aid to Katrina victims any more than has been reported, they continue to exceed our expectations. It seems that $85 million in household supplies intended for the New Orleans flood victims living in government supplied trailers actually wound up sitting in warehouses for two years. When the Federal Emergency Management Agency (FEMA) realized that the cost of storing these goods was $1 million per year they gave the goods away to federal and state agencies. The intended recipients of these basic necessity products were the ones living in FEMA-provided trailers, also known as toxic tin cans because they contained dangerously high concentration levels of formaldehyde. Dealing with a large-scale disaster is a challenge for the best among us. When those assigned to address the aftermath of such disasters are themselves challenged in competence and integrity, victims are further victimized and as a society we fail our neighbors. As our thoughts and best wishes go out to the many residents of the mid-West seeking shelter and safety from record flooding, we hope for a better response to their needs than were afforded our Gulf Coast neighbors.

* A nation of laws – On Friday bold type headlines told us that the Bush Administration lost another Supreme Court decision with respect to its handling of detainees at Guantanamo. The Court ruled unconstitutional a provision of the Military Commission Act of 2006 that at the administration’s urging, stripped the federal courts of jurisdiction to hear habeas corpus petitions from detainees seeking to challenge their designation as enemy combatants. There is no doubt that some of those held are terrorists, but we have also seen evidence that many who are or have been imprisoned were held without evidence of wrongdoing. That is contrary to a nation of laws and the reason why all elements of the system must function transparently and with oversight. Following 9/11 the Bush administration, through a psychotic overreach for power and a psychological weakness of fear, rushed to undermine the legal structure of the country and the laws it swore to protect. Their misconduct and malfeasance will continue to be exposed and reversed.

The other very interesting aspect of this 5 to 4 court decision is which Justices opposed the majority ruling. Roberts, Alito, Scalia and Thomas have demonstrated that their judicial philosophy is more attuned to a legal system and society that would allow a George Bush to function unfettered, a business community to dominate the economic rights of the country and a far, far right view of the social and civil rights of the citizenry. It is these jurists that John McCain cites as examples of the type of judges he would appoint to the Supreme Court. One more appointment of such judges gives them a majority on the Supreme Court. The November presidential election has much more in the balance than the next four-year presidency. Appointments to this highest court are for a lifetime.

* “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.”
Justice Anthony M. Kennedy, writing for the majority, as to why Guantanamo detainees are subject to the rights of habeas corpus.
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