Senator Ted Kennedy Has a Brain Tumor

From the New York Times/AP:

Doctors for the Massachusetts Democrat say tests conducted after Kennedy suffered a seizure this weekend show a tumor in his left parietal lobe. Preliminary results from a biopsy of the brain identified the cause of the seizure as a malignant glioma, they said.

His treatment will be decided after more tests but the usual course includes combinations of radiation and chemotherapy.

The 76-year-old senator has been hospitalized in Boston since Saturday, when he was airlifted from Cape Cod after a seizure at his home.

His wife and children have been with him each day but have made no public statements.

His doctors said in a statement released to The Associated Press that he has had no further seizures, is in good spirits and is resting comfortably.

Malignant gliomas are a type of brain cancer diagnosed in about 9,000 Americans a year -- and the most common type among adults. It's a starting diagnosis: How well patients fare depends on what specific tumor type is determined by further testing.

Average survival can range from less than a year for very advanced and aggressive types -- such as glioblastomas -- or to about five years for different types that are slower growing.
I hold him in the Light.

And woe betide any wingnut who cheers, mocks, or makes some snide comment about him and his condition. Period.

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HAPPY BIRTHDAY, TODD!!!

To a Great American Patriot:



Happy Birthday to youuuuuuuuu!
Happy Birthday to youuuuuuuuu!
You're as awesome as an American Eeeeeagllllllle—
Carrying a Bible and a flag, tooooooo!


I loves ya and I don't know what I'd do without ya, darling.

You're really just fooking tremendous.

Happy Birthday!

(Shakesville contributor Todd is one of my dearest friends in the whole world, for more than half my life. He's also big brother to contributor Kenny Blogginz!)

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Shaker Gourmet: Grilled Cedar-Plank Salmon

I saw this recipe posted on a board that I'm a member of and thought it sounded good for something different to try. And? It is ZOMG!-worthy, let me tell you. It's an excellent summer main-course, very easy, and is a good one for the "impress company" file as well.

Cedar planks are pretty easy to find. We got ours from Costco, where a pack of six planks was about $8. I think most places that sell grills also sell cedar planks for grilling.

Cedar Plank Salmon


1 cedar plank (6 by 14 inches)
2 salmon fillets (1 1/2 pounds total)
Salt and freshly ground black pepper
6 tablespoons Dijon mustard
6 tablespoons brown sugar

Soak cedar plank in salted water for 2 hours, then drain. Remove skin from salmon fillet. Remove any remaining bones. Rinse the salmon under cold running water and pat dry with paper towels. Generously season the salmon with salt and pepper on both sides. Lay the salmon (on what was skin-side down) on the cedar plank and carefully spread the mustard over the top and sides. Place the brown sugar in a bowl and crumble between your fingers, then sprinkle over the mustard.

Set grill for indirect grilling and heat to medium-high. Place the cedar plank in the center of the hot grate, away from the heat. Cover the grill and cook until cooked through, around 20 to 30 minutes. The internal temperature should read 135 degrees F. Transfer the salmon and plank to a platter and serve right off the plank.

Cook's Note: A direct method to grill the salmon may be used. Soak the cedar plank well. Spread the mustard and brown sugar on the salmon, but do not place the fish on the plank. Set up the grill for direct grilling on medium-high. When ready to cook, place the plank on the hot grate and leave it until there is a smell of smoke, about 3 to 4 minutes. Turn the plank over and place the fish on top. Cover the grill and cook until the fish is cooked through, reaching an internal temperature of 135 degrees F. Check the plank occasionally. If the edges start to catch fire, mist with water, or move the plank to a cooler part of the grill.
We have a charcoal grill and used the indirect method--it took exactly 30 minutes for perfection. Also: how to skin a salmon fillet.

If you'd like to participate in Shaker Gourmet, email me (include a blog link!) at: shakergourmet (at) gmail.com

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Grumbles Writes Letters

To the personage of CNN Mental Flossateee Christopher Connolly, Esq:

My good man, it is my duty as Shakesville's resident expert on Victorian women to inform you that your article making the outrageous claim that women's lib arrived on bicycles is thorough-going poppycock! For a start, sir, I can inform you that women's liberation, as you hippies like to call it, began as soon as some crumble-nutted dingaling got it in his head that the fairer sex ought to be taught to read!

Secondly, the portrait you paint of the typically conjured image of a Victorian lady is as preposterous as a ginglefurk in a halsbury sack!

She's sickly and pale, relies on men for everything, and occasionally peeks out from behind an ornamental fan (usually before touching her wrist to her forehead and fainting). The frailty of a "lady" was such that preventing females from studying, working, voting and doing much of anything at all seemed a rational measure.
Naturally that is the preferred image of a proper Victorian lady, but I have it on good authority that the ruffians around here, especially the women's libbers, might call to mind a more radical lot.














As you can see from the above photographic images, my good man, the seven pounds of underwear and other fashionable trappings required of a Victorian lady did not, in fact, keep many of the hysterics cloistered away as any upstanding gentleman would have liked. (I don't know this "jog bra" that you speak of, but, based on the activities of certain women around here, it doesn't seem to keep them in line, either.)

Perhaps we can schedule a meeting at a local soda shop and further discuss over sarsaparillas the many misconceptions you appear to have about Victorian ladies.

I can, however, assure you that horseback riding does indeed damage the ladybits. Once Mrs. Grumbles came back from her ladies' holiday, she informed she'd ridden a stallion named Andre which had ruined her to me forever.

Good day, sir.

Benjamin H. Grumbles, Esq.
Detector of Potions, Elixirs, and Poisons for
the US Government and Its Occupied Territories

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Oh, You Lucky Women!

As we all know, the ZOMG awesomest thing in the world about being a man is that you can write your name in the snow with your pee. But hey, snow doesn't exist all year in every part of the world; what the hell are guys supposed to do to keep entertained while relieving themselves* during the summer months? Huh? Huh?

Beer drinkers to the rescue!

BRUSSELS (Reuters) - Two Belgian beer fans have launched a video game named 'Place to Pee', which allows players to slalom down ski slopes or kill aliens while relieving themselves at urinals.

[...]

The 'Place to Pee' booth is designed for two users at a time and offers two games -- blowing up aliens in outer space or skiing down a virtual slope. Gamers hit their target by aiming at sensors positioned on either side of the urinal.
But here's the best part... ZOMG, are you ready for this? I don't think you're ready for this.
A specially designed paper cone allows women to play too, the inventors say.
Ta-daah! Yes, you are very lucky women. As we all know, no one can stand the mind-numbing boredom during the thirty or so seconds it takes to pee; now you too can entertain yourselves in the potty!

If, you know, someone happens to install one of these urinals in the ladies room.

Ahem.

This has to be the greatest thing written in any Reuters article, ever, by the way:

"This thing had to be invented by Belgian people and that's what we are," they said.

Well, I can't argue with that! (Zuh?)

(*By the way, I'm curious if women's public washrooms have also been obnoxiously invaded with advertising. It seems you can't go anywhere without some sort of ad posted directly above the urinal right at eye level, which I find really annoying. Look, I'd like to be able to escape from constant ads for a few seconds of my day, thank you.)


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ZOMG Science!

Shaker Eastsidekate has an idea for the New York Times re: their science coverage:



Oh, I'm sorry. Did I say idea? I meant message.

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Why is the IL Dept of Transportation using sex to sell seat belts?

by Shaker Veronicaa woman trying to navigate and understand the intersection between being a feminist, a mom, and a Latina. Veronica always wears her seat belt as does her husband. You can find her blogging at vivalafeminista.blogspot.com, www.workitmom.com and www.chicagoparent.com.

Why is the IL Dept of Transportation using sex to sell seat belts?

I ask because I recently caught their new PSAs for the "Click it or Ticket" campaign and they use two very attractive women to urge their men to use their seat belts. Two women...one white and one African-American with sultry voices and in cute outfits telling their men, "You know what I want..." Where is the Latina PSA?

En Espanol! Because us Latinas are never more sexy than when we're seducing our hombres into wearing seat belts than when we're speaking Spanish, eh? The problem is that not all of Latino men speak Spanish or at least would be watching Spanish language TV. I can only consider that a lack of English-language Latina PSA means that the state thinks we all only speak Spanish, they could give a damn about us English speakers, or our Latina sexuality is just too much for English TV.

Can you imagine if JLo, Salma, or Lynda Carter aka Wonder Woman did a PSA in English? Ay, Papi, we'd bankrupt the state due to all the Latino men falling under their Latina spell and always buckled up! Especially if we used Wonder Woman's lasso of truth!

And what's with the men in these PSAs? They are squirming in their seats as if they are innocent virgins and the hot-to-trot women are fiery sirens seducing them into doing oh-so-naughty things. When I first saw these PSAs, it was after 10pm and I thought it was another ad for a chat line. "Wanna be bad? Let's use our seat belts!"

Ironically, I had to go to YouTube to see the PSAs and they are not mentioned on the state's website or offered in their 'Get involved' section. Is the state ashamed of their blatant use of sex to get men to buckle up?







(Cross-posted.)

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Two-Minute Nostalgia Sublime

Joanie Loves Chachi

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Separated at Birth

Every time Cubs' pitcher Ted Lilly leaves the mound after completing an inning, he gives this jaunty little satisfied grin that reminds me of one of the greatest all-time Cubs fans and one of the best crooners evah of "Take Me Out to the Ballgame" during the 7th inning stretch at Wrigley.



Separated at Birth?
Cubs Pitcher Ted Lilly and Comedy Genius Bill Murray

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Question of the Day

What iconic character of books, plays, and/or films would you like to have over for dinner?

The first two that came immediately to mind for me are Maude and Graham Dalton.

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Re-Centering

This morning while reading Andrea Smith's great essay (PDF) "Without Bureaucracy, Beyond Inclusion: Re-centering Feminism," which notes, in part, that "if one were to develop a feminist history centering Native women, feminist history in this country would start in 1492 with the resistance to patriarchal colonization," I was reminded of a conversation I had with Iain recently, during which I recalled to him how much I loved reading stories about Native Americans when I was a kid.

When Mama Shakes would take my sister and me to the library on a Saturday morning, to pick out three books apiece, I always looked for books about "Indians"—it's quite likely I plucked Sadako and the Thousand Paper Cranes from the school library because the name "Sadako" sounded Native American to me—and when I got to browse the shelves at a department store for a new Little Golden Book, I looked for the ones about nature and animals, because they sometimes featured Native Americans (portrayals I preferred to cartoony stories like the Disney Little Golden Book Hiawatha, which was cringe-inducing even by my childish standards). Books about horses, which were also a favorite, had, in retrospect, an unusually high correlation with Native American protagonists—especially as I eschewed the cowboy stuff.

I begged Mama Shakes to put long braids in my dark hair "just like Pocohontas" when I read about the Powhatans, and, when we played Ewoks at recess, I chose Sacagawea as my Ewok name after reading about the Shoshones. (Years later, when we had a lesson about Sacagawea in US History, a classmate, upon hearing the name, belted out, "Hey! That was Melissa's Ewok name in fourth grade!" as if it were quite the amazing coincidence.)

Any time I got to choose a topic for a paper for social studies or history class, I would ask Papa Shakes (a now-retired US History teacher) for a suggestion about what Native American history would fit the requirements. "Trail of Tears." "Wovoka's Ghost Dance." "The Santee Sioux Courts-Martial." Any excuse to immerse myself in Native American stories.

But, I told Iain, it wasn't until I read Paula Gunn Allen's The Sacred Hoop as a young adult that I realized why it was I had always been so attracted to these stories: Because Native American women had featured so (comparatively) prominently. And given the choice between reading about Sacagawea accompanying Lewis and Clark on their exploration of the Western US, or Betsy Ross sewing a flag, I went for kayaking up the Missouri River every time.

Now, part of my choice was dictated by the editors of Early American History books, who favor (or did, at least when I was in school, and I suspect they do still) women like Betsy Ross and Dolley Madison to women like Deborah Sampson and Mum Bett. But part of my choice was also an unconscious recognition of something unique in those stories, different from the stories of "white" American history: American women of European extraction did not live the same kind of lives, did not have the same kind of freedom of choice and equality, as most American women with indigenous roots did. (And it goes without saying that early "black" American History, the slave history filtered for my consumption through the mostly white eyes of book editors and educators, did not intrinsically lend itself to stories of freedom or equality, nor was it designed to highlight the exceptions of such.)

What I was drawn to, despite my inability to articulate it, or even recognize it, until I read The Sacred Hoop, was the gender-flexible gynocentrism of many Native American tribes that Paula Gunn Allen describes thusly:

[F]or millennia American Indians have based their social systems, however diverse, on ritual, spirit-centered, woman-focused world-views.

Some distinguishing features of a woman-centered social system include free and easy sexuality and wide latitude in personal style. This latitude means that a diversity of people, including gay males and lesbians, are not denied and are in fact likely to be accorded honor. Also likely to be prominent in such systems are nurturing, pacifist, and passive males (as defined by western minds) and self-defining, assertive, decisive women. In many tribes, the nurturing male constitutes the ideal adult model for boys while the decisive, self-directing female is the ideal model to which girls aspire.

The organization of individuals into a wide-ranging field of allowable styles creates the greatest possible social stability because it includes and encourages variety of personal expression for the good of the group.

In tribal gynocentric systems a multitude of personality and character types can function positively within the social order because the systems are focused on social responsibility rather than on privilege, and on the realities of the human constitution rather than on denial-based social fictions to which human beings are compelled to conform by powerful individuals within the society.
If you've been paying attention, that sounds a lot like that for which we advocate, work toward, and fervently desire, every day.

It's no wonder Native American stories held me in thrall. Their women were full human beings.

After conveying all of this to Iain, my love for the stories and history, and my later realization why, thanks to Paula Gunn Allen, and noting how I knew the names Pocohontas and Sacagawea only because they helped white men, the writers of the history I was taught, Iain said, approximately: "And isn't it amazing that Euroopean men's interactions with indigenous woomen, whoom they troosted and respected as hoonters and trackers and teachers, in a way they didn't respect 'their oon' woomen, never suggested tae them their ideas oof woomen were limited. They didn't take back any commentary oon woomen generally, oon woomen's potential, even after meeting extraordinary woomen in the New Woorld."

"Of course," I said. "Because they Othered native women. It was fine for a brown-skinned woman to ride a horse and shoot an arrow, but not their lovely, delicate white women."

Not the civilized ladies they'd worked so carefully to oppress.

I lament the tragic irony that here we are, 200 years later, women of all colors fighting for everything the women native to this place already had when Europeans arrived and decimated the social structure that celebrated their autonomy.

And I feel, quite pointedly, the need to re-center feminism, without bureaucracy and beyond inclusion.

Please read Andrea Smith's powerful essay.

[H/T to brownfemipower, via Sudy.]

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This Just In From CNN Headline NOOZ

Campaigning in Kentucky, Clinton hears sermon on infidelity:

Hillary Clinton left Oregon late Friday night to focus her efforts on Kentucky before the state’s primary on Tuesday. “My opponent said the other day he wasn’t coming back so I’ve got the whole state to myself. What a treat!” Clinton exclaimed at a Sunday afternoon rally at Western Kentucky University.

What was likely less of a treat was Pastor Paul Fryman’s sermon she heard Sunday morning at Bowling Green’s State Street United Methodist Church on marriage and adultery entitled “When the Devil Whispers Over Your Shoulder.”

Pastor Fryman launched into his sermon with Matthew 5, verse 27, “You have heard that it was said, ‘You shall not commit adultery.’ But I say to you that every one who looks at a woman lustfully has already committed adultery with her in his heart.”

The verse goes on to say anyone guilty is better off plucking out their eye or cutting off their hand lest they end up in hell.
The article also helpfully reports that Clinton sat "quietly in the second pew praying and singing along with the rest of the congregation" and "smiled broadly as a baby was baptized." Probably because she wanted to DEVOUR IT!!!

Anyway… So, what's the news here exactly? If you answered "There isn't any" to that question, you're right—give yourself a cookie! There is, in fact, no news here whatsoever; the subject of the sermon would never have been reported except for the fact that, in case you haven't heard, HER HUSBAND CHEATED ON HER!!!11!!elevety-one!!!!! Like 13 years ago. Reporting that he was in church when that sermon was given would have been tasteless and pointless; reporting that she was present for it is just an attempt to humiliate her.

[H/T to Shakers MsFeasance, AcerRubrum, and Bill in Birmingham. I'm excluding this from the Sexism Watch by the skin of its teeth, and only because I can imagine if the sexes were reversed, CNN still would have published this swill, with the same intent—to further humiliate the victimized spouse.]

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Hey, Fatties: Thanks for Screwing Everything Up for the Rest of Us

by Erica Barnett

As soon as I saw this BBC story blaming all the world's problems on—surprise!—obesity, I knew it was going to be a good one.

Scary headline? Check: "Obese blamed for the world's ills."

Headless fatties, designed to titillate, disgust, and make the reader feel morally superior? Yep: The accompanying photo shows an unidentified man's big, shirtless, hairy, stretch-marked belly, with the caption "The world's obese population is rising." (Like a tidal wave—of FAT!)


Attribution of vague but frightening conclusions to unnamed "experts"—while the quoted experts themselves make far more qualified statements? Naturally: After all, what fat-blaming story would be complete without statements like "obese people are contributing to the world food crisis and climate change, experts say"?

Let's get into the details, shall we?

The London School of Hygiene and Tropical Medicine calculated in a recent study—whose results were published in The Lancet—that obese people consume 18 percent more calories than non-obese people. They got to that number by considering how many calories a population of non-obese people (those with an average BMI of 24.5) would need to consume to keep their weight stable with those a population of obese people (BMIs over 29) would need. Let's leave aside for a second the fallibility of BMI (well-documented by Kate Harding here) as a measure of health, well-being, or, frankly, fat; let's ignore also the presumption that neither of these hypothetical populations exercise or do anything to increase their caloric needs other than being fat. (Although I don't anticipate I'll see the headline "compulsive exercisers to blame for world's ills" any time soon.) Let's even accept the study's premise that fat people stay fat simply because they eat more.

The conclusions still don't follow the data.

Here's what the study found: Because of their greater food consumption, obese people drive up global demand for food, raising food prices worldwide. Higher demand for food also increases agriculture's need for oil, driving fuel prices (and thus food prices) higher. Finally, fat people drive more and use more fuel when they drive—all that extra weight!—which contributes to global warming and drives fuel prices higher still.

Let's look at these conclusions one by one.

Conclusion #1: Fat people are to blame for global warming because they drive everywhere and cost more to move around.

First of all, the study cites no data in claiming that overweight people drive more than people of normal weight. Assuming no physical impediments to walking (being wheelchair-bound, for instance), the amount a person drives is determined far more by urban planning—how accessible and user-friendly is the transit system? Is the grocery store/cinema/video store within walking distance? Does the city encourage alternative forms of transportation like biking, or are bike paths spotty and hard to navigate?—than by whether he or she is overweight. You'll see a lot more people of all shapes and sizes walking where I live, Seattle, than in Houston, Texas, the car-dependent city where I grew up. So doesn't it follow that Houston-style planning is the real problem—not whether a person's BMI is a few ticks north of "normal"?

As for the "drag" issue: I don't know whether 10 or 40 extra pounds makes much difference in the amount of fuel a person uses, but I do know this: Hauling around a big family—to say nothing of the climate impact of having a big family—has got to add more to fuel costs (both in weight and the cost of fueling a bigger car) than being overweight. The reason you won't see a story titled "Breeding blamed for world's ills" is that being fat is discouraged, and having children isn't.

Conclusion #2: Fat people are to blame for high food prices, because increased demand for food drives up production, which drives up fuel prices, increasing the cost of food.

No, no, no, no, no. What drives production isn't demand for more food. We have more food than we can consume—some 3,900 calories a day for every man, woman and child in the country, or nearly twice what most people consume. Fat people aren't clamoring for still more, more, more Cherry Cokes, Twinkies, and sugar cereals—the US food system is producing them because they have to find new ways to make us eat as much as possible. Blame the producers, not the consumers.

Meanwhile, there are plenty of reasons food costs are rising. Among them: An agricultural system that subsidizes commodity crops like corn, taking food crops out of the food supply (ironically, in response to increased demand for ethanol because of rising fuel prices); demand for US exports in developing countries like China, where meat production is rising' drought and other weather crises, quite possibly the result of climate change; and the globalization of the world's agricultural systems, which forces small countries to import most of the food they once produced locally. And, of course, fuel costs.

Conclusion #3: Fuel costs are rising because fat people are increasing the demand for gas.

This one's the easiest to debunk. Fuel prices aren't rising because fat people drive more (until very recently, in fact, we were all driving more); fuel prices are rising because we're running out of easily accessible oil. The harder oil is to get, the more it's going to cost. That situation isn't going to reverse itself until we invent new technologies, start investing in alternatives to driving, or both; but blaming high gas prices on fat people is definitely the wrong place to start.

Interestingly, the conclusions of the study itself (as opposed to the media's hyperventilating coverage of the study) don't contradict that. In the first paragraph of the Lancet article, the two men who performed the study argue that we need "argue for "greater recognition of the importance of reducing the demand for transportation fuel in resolving the struggle for energy between people and cars." But given the choice between encouraging people to eat less and, I don't know, supporting alternatives to driving, I know which one I would pick.

(Cross-posted.)

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Monday Blogaround

Sock it to me, Shakers!

Recommended Reading:

Minstrel Boy: самиздат (Samizdat)

Anxious Black Woman: Speaking of "Affirmative Action for White Guys"...

Echidne: Jack and Jill Went Up The Hill. Or the Stories We Tell About Gender and Science.

Pam: Oregon: Obama draws 75,000 in Portland

SAP: Gonna Need a New Box of Crayons

Melissa: Hollywood Feminist of the Day: Faye Dunaway

Leave your links in comments!

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Gender Diversity: So Fashionable and Stylish!

Shaker JMonkey, via email: "This is a good story on gender bias and sexual harassment in the engineering and technology fields, but...er...why the hell is it in the FASHION AND STYLE section?"

JMonkey was being rhetorical. He knows why.

Because it's about girlz.

[Also see: Which one of these things doesn't belong?]

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The Femostroppo Awards 2007

The Hoydens have put together the inaugural Femostroppo Awards with a retrospective of the Top Femostroppo Hits of 2007, in which I am hugely flattered that my "This is really shaping up to be a 'back-to-bed' day of the highest order." was included in the Top 10. (Thank you, Hoydens!)

The rest of the Top 40 list is just made of awesome—and they've also got a list of their posts which were nominated (but that they didn't include in the Best Of list), also made of awesome.

Lots of excellent reading from many of our favorite feminist bloggers, including Shakes contributors Kate Harding and Zuzu. It's a wonderfully diverse and international list, too—yay!

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From the Mailbag…

Shaker Graham recommends this article at the BBC: "Whether it's Heather Mills or Kerry Katona, the celebrities that ordinary people vilify seem disproportionately to be female. Why?"

Iain and Shaker SF pass on this article at CNN about a 16-year-old girl whose rape case was dropped by the state's attorney, so she took her case to YouTube, pleading for help.

Shaker Helena Handbasket forwards this Icelandic cartoon, featuring Barack Obama as a cannibalistic tribesman cooking Hillary Clinton in a pot—except that she's naked evidently regarding the pot like a hot tub for sexytime. It's…a clusterfucktastrope, basically. (And part 95 in the Sexism Watch and part 45 in the Racism / Muslim / Unpatriotic / Scary Black Dude Watch.)

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Mike Tyson Gets Standing Ovation at Cannes

Shaker Kathy sent along "Boxing great Tyson tells all in film at Cannes," in which it is reported that the "boxing great" and convicted rapist "got a prolonged ovation" at the screening of Tyson, a documentary film integrating old video footage and interviews.

Says Kathy: "I guess this is how much we respect women." Indeed. Suffice it to say Tyson did not get the standing O for confessing to being a misogynist rapist asshole:

Tyson spares no details in describing his sex life, and covers his career's low points, like biting Evander Holyfield's ear in 1997. He admits to many, many bad decisions.

But on one issue, he still refuses to take responsibility. He insists he is innocent of the 1991 rape of an 18-year-old beauty queen for which he served three years in prison.

"I've been abusive to women before in my life," he acknowledged. But in this case, "I thought (the conviction) was wrong, I thought it was unfair."
Uh-huh. Well, you can't always get rape charges dismissed without even being interviewed, I guess. And one out of five ain't a bad record for a guy who claims he never raped anyone but nonetheless says of the woman he was convicted of raping: "She put me in that state where now I really do want to rape her and her mama."

"Prolonged ovation."

Kudos to the AP for including the protestation about his rape conviction immediately after "Tyson spares no details in describing his sex life." Stay classy, AP.

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Kristol: Wrong Again

William Kristol began his illustrious tenure at the New York Times last winter by getting his facts wrong in his very first column when he cited the wrong source for a quote. Since then he has managed to demonstrate his flair for the error in both perception and fact, and today is another case in point.

In trying to make the case that John McCain is the exception to the rule that the current crop of GOP candidates running in special elections in previously safe Republican strongholds stink on ice (0-3), he cites a number of factors that bode well for Mr. McCain, including the ruling last Thursday by the California State Supreme Court overturning the ban on same-sex marriage.

On Thursday, the California Supreme Court did precisely what much of the American public doesn’t want judges doing: it made social policy from the bench. With a 4-to-3 majority, the judges chose not to defer to a ballot initiative approved by 61 percent of California voters eight years ago, which defined marriage as between a man and a woman. In 2003, the Massachusetts Supreme Judicial Court redefined marriage in that state, helping to highlight the issues of same-sex marriage and judicial activism for the 2004 presidential campaign. Now the California court has conveniently stepped up to the plate.

Obama’s campaign issued a statement that its candidate “respects the decision of the California Supreme Court.” The McCain campaign, by contrast, said it recognized “the right of the people of California to recognize marriage as a unique institution ... John McCain doesn’t believe judges should be making these decisions.” Since the next president will almost certainly have one Supreme Court appointment, and could have two or three, this difference on judicial philosophy could well matter to voters — and in a way that should help McCain.

Furthermore, the action of the California court will remind voters of the Defense of Marriage Act, which says a state is not required to recognize same-sex marriages performed in other states and which was passed overwhelmingly by Congress and signed by Bill Clinton in 1996. McCain voted for and supports it. Obama opposes it.
If Mr. Kristol had bothered to read the history of the case or the ruling itself rather than launch his typical right-wing volley of "activist judges" missiles, he would have known that the court ruling was not making social policy from the bench at all, but doing exactly what the court was created to do in the first place: interpret the laws and the constitution of the state. The California Assembly had twice tried to pass laws legalizing same-sex marriage, only to have them vetoed by Gov. Arnold Schwarzenegger, who wanted the State Supreme Court to first decide whether or not such laws would pass constitutional muster. The court so ruled on Thursday, citing only the state constitution and pointedly avoiding the social policy aspect of the case.

This isn't rocket science. As Glenn Greenwald has pointed out in a column on the New Jersey case in 2006, you don't have to be a legal scholar to figure this out.
Anyone can read the judicial opinion, then go read the precedents on this provision, and inform themselves about what the [California] State Constitution does or does not guarantee. But -- as is true for any other topic -- a basic understanding of the relevant issues, so plainly lacking in all of these overnight experts, is required to be capable of anything more than baseless demagoguery.
The same is true for the California case.
The point is that whoever wants to make a reasoned argument about the court's ruling must -- by definition -- familiarize themselves with the relevant issues, and there is only one relevant issue here: does the California State Constitution bar the law in question? The way our government and system of laws were created, judges have no discretion if the answer to that question is "yes." They're required to strike down the law. As Alexander Hamilton put it in Federalist No. 78, regarding the duties of the federal judiciary: "wherever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former." [Emphasis in original.]
In other words, anyone who declaims on the ruling of the court without knowing the facts of the case and the basic premise of the law behind it is making it quite clear that they don't know what they're talking about and is using the ruling for nothing other than political posturing in hopes that the people who hear them will not have bothered to examine the issue themselves. The fact that William Kristol can try to get away with it is no surprise; this kind of demagoguery is his stock in trade, and I'm pretty sure that even if he had bothered to read the facts of the case, he would still try to exploit it. The fact that he uses it in a column to try to make the case for electing John McCain (and in doing so cites McCain's own ignorance of the facts as well) and contrast that with Barack Obama's position of respecting the decision of the court -- the same thing Gov. Arnold Schwarzenegger said -- only makes it very clear -- one might say Kristol-clear -- that he won't let reality get in the way of a right-wing talking point.

(Cross-posted.)

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