John Nichols said it best: in WI, no checks, no balances, exist.
Folks, all week I’ve resisted the impulse to post anything after the recent “victory” by Scott Walker and his allies on the Wisconsin Supreme Court. Please see this article from John Nichols at the Capital Times, who agrees with me that after this week’s decision, no effective checks or balances to the power of Gov. Scott Walker (R) may be seen to exist.
Then, see this extraordinary decision by the WI state Supreme Court, along with the incendiary dissents of Chief Justice Shirley Abrahamson and learned, scholarly judge N. Patrick Crooks.
Now, as for what I feel about all this?
After several days of reflection, I’m spitting mad. I believe that the four Rs on the court — including two who seem heavily tainted, Michael Gableman and the recently re-elected David Prosser — have not done the people’s business here. Further, they’ve made a mockery out of the whole “separation of powers” that is inherent in the United States Constitution and re-affirmed in the Wisconsin state Constitution — these four Justices appear to remember, always, that they are conservative Republicans first, and Supreme Court justices second. And, apparently, being a conservative R seems to trump everything else.
Justice N. Patrick Crooks, a renowned legal scholar, said on p. 11 of his dissent that:
The ready availability of a direct appeal by aggrieved parties makes this all the more puzzling. The majority does not really come to grips with the obvious fact that an appeal is an available remedy here. As many of the parties to these cases have argued, it would be a simple matter for an aggrieved party to intervene in this matter and file an ordinary appeal, which would proceed the usual way.
In other words, there was no need to create a precedent here, but the four Rs on the court did just that; they set aside Dane County Circuit Court Judge Maryann Sumi’s ruling in total, because they felt Sumi had overstepped her authority — yet her ruling was detailed, thorough, and took months to decide. Whereas the Supreme Court of the state of Wisconsin took only a few days.
Abrahamson’s dissent (most relevant parts quoted in Nichols’s article) is stinging, but Crooks’s dissent is even worse in a scholarly, non-argumentative way. Crooks seems completely dismayed with what’s occurred here; he doesn’t get it, and if people as knowledgeable about the court as Abrahamson, Crooks, and Justice Ann Walsh Bradley don’t get it, I suppose it’s not too surprising that I don’t get it, either. (Nor does Nichols seem to understand why the four Rs did this, except for purely political, rather than legal, reasons. While I hope that isn’t the case, it surely doesn’t look good at this time for those four conservative Justices.)
* * * * *
UPDATE: Blogger Rick Ungar of conservative Forbes magazine agrees with Nichols, and me, that this ruling is seriously messed up.
Relevant (unfortunately rather lengthy) quote:
While the State of Wisconsin has a lot on its plate in the recall department, I’m afraid they now have little choice but to consider taking a look at some of their Supreme Court Justices for similar action.
Not because the court handed down a ruling that will make people unhappy – but because the people of Wisconsin now have every reason to believe that their Supreme Court has been corrupted and their opinions subject to invalidation.
Make no mistake. This is not about a judicial philosophy with which I might disagree. Reasonable, learned judges can – and often do – apply the law to a fact situation and come up with different opinions and they do so in the utmost of good faith and their best understanding of the law.
However, the minority opinion issued yesterday in the Wisconsin Supreme Court did not charge mistaken application of law. The opinion charged perversion of the facts and the law to meet a desired result.
If this is true, this is court corruption at its absolute worst and the people of Wisconsin cannot permit this to stand.
Amen, brother!
* * * * * end update * * * * (Now, back to our regularly scheduled posting.)
Really, there was no need to create a precedent here; the Supreme Court should’ve taken its time and decided this case solely on the narrow merits — did the Fitzgerald Brothers (Jeff in the Assembly, Scott in the Senate) break the Open Meetings Law, or not? Justice Sumi said they did; the three Supreme Court dissenters appeared to believe Sumi had done her job thoroughly and that more time needed to be given, by them, to figure out whether or not Sumi’s judgment was inherently flawed. But those four Rs apparently believed there was no need for deliberation; Scott and Jeff Fitzgerald said the case needed to be decided by Tuesday night, and thus, perhaps not so coincidentally, those Justices decided that case by Tuesday night.
This is why the recall elections are so important. Right now the Court (judicial branch) is in the hands of the Republican Party, the Governorship (the executive branch) is in the hands of the Republicans, and the Legislature (legislative branch) is also in the hands of the Republicans. This is too much power for any given party, and it must not be allowed to stand.
That some Republican Senators, like Alberta Darling (who will face a recall election on July 12, 2011) and my own R Senator Van Wanggaard, seem to think this was a good result and have said so, quite loudly and vociferously, just shows how out of touch they are. And how badly they need to be recalled, because they just aren’t listening to their own constituents, the people of the state of Wisconsin.
We know that times are tough. There would have been hard choices to make, economically, this year for any Governor, and any Legislature. But the choices being made thus far have disproportionately affected the low-income folks, the disabled, children, senior citizens, and the unemployed. This is no way to run a government, and it is not the Wisconsin way to throw people out just because right now they are ill, or injured, or have no money, or can’t give you a campaign donation.
Whoever our elected representatives are, regardless of their respective offices, they should be trying to do the best they can for all the people of Wisconsin. Writing a budget that cuts $800 million from the public schools and gives tax breaks to rich people so they can send their kids to private schools is plain, flat wrong — yet people like Darling and Wanggaard believe that’s the right way to go.
The only thing we can do, as voters, is educate ourselves as to what our representatives are doing. And then, if we disagree with them, as we have the power to recall our duly elected representatives in Wisconsin if we feel they are failing to do their jobs by listening to us and acknowledging our concerns in some way — then, it’s time to first recall them, then vote them out.
Those of you who have a Republican Senator, if you disagree with him or her, kick your Senator to the curb. And if you have a Democratic Senator who is up for recall, and you don’t agree with him — then you also have the right to vote him out. But I’d rather you concentrated on the folks who have proven they aren’t listening — the Republicans, who control all three branches of Wisconsin state government at this time — and re-install the checks and balances we depend upon by voting in someone new in those races against the six Republican Senators.
Voting the Rs out is the only way — the only way — to guarantee that your representatives, Dem or R, will start to listen. Because if the people of Wisconsin send a message by voting out those who aren’t listening, that should finally make the others listen, or be voted out in turn. (And yes, Van Wanggaard, I’m looking squarely at you.)
Just reviewed Pam Uphoff’s “Lawyers of Mars” for SBR
Folks, you really should take a look at Pam Uphoff’s new novella LAWYERS OF MARS, which is available at Naked Reader Press, if you enjoy original, quirky stuff. Better yet, if you enjoy original, quirky satire/action-adventure, you will love Uphoff’s new novella just as much as I do.
Check out my review at:
http://shinybookreview.wordpress.com/2011/06/18/pam-uphoffs-lawyers-of-mars-fun-fast-satire/
Mind, I keep wanting to call it “Lawyers from Mars,” which is flat wrong, but that isn’t Pam Uphoff’s fault in the slightest. (It’s funny how the mind wants to keep calling something the wrong thing, though.)
New Review at SBR — for Hirsh’s “Capital Offense”
Folks, if Robert Rubin, Hank Paulson, Alan Greenspan and Timothy Geithner (among others) had one-tenth Michael Hirsh’s mental acuity, we wouldn’t have had the financial crises of 2007 and 2008.
Unfortunately for them — and for the world as a whole — Michael Hirsh wasn’t then aware of the huge mess that was about to occur, but fortunately, once he became aware, he turned his weather eye onto financial markets and the major players behind them and came out with the outstanding book CAPITAL OFFENSE: HOW WASHINGTON’S WISE MEN TURNED AMERICA’S FUTURE OVER TO WALL STREET.
Please read my review at SBR to find out why I say you must read this book right now (then be prepared to throw major quantities of china, etc., as you watch these folks spend money like there was no tomorrow, no regulation, and no sense):
Cell Phone Etiquette and Other Stories
For this Friday’s blog, I want to talk about something completely different: cell phone etiquette.
Why this particular subject, you ask? Because I’ve run into more ignorant people this week than I can shake a stick at, all of whom did — or more importantly, said — something stupid while on their cell phone.
First up was the gentleman at the local pharmacy who was jabbering away on his cell as his three kids rampaged through the store. I felt like saying, “Hey, buddy! Watch your kids! Keep ’em from stealing the pharmacist blind!” as the kids were running up and down the aisles, throwing candy at each other, knocking over displays, and generally behaving worse than my Mom’s three dogs.
Now, this guy was probably talking to someone from his workplace, as his expression was grave and he was using a calculator in his other hand to add up figures as he aimlessly walked through the store. But that does not excuse him; he still must supervise his children, lest he end up with an unexpected bill in the hundreds of dollars (if not thousands) after his three kids under the age of ten wrecked the store without his cognizance or knowledge.
Next, there was the jerk at the gas station who was yelling at the top of his lungs into his cell about his bodily functions. Apparently he was trying to make his much-younger girlfriend blush — his GF looked to be in her low-to-mid 20s, while this guy had to be in his upper 30s at the very least — and he definitely should’ve known better than to talk about his hernias, his latest bowel movements, and how many times he threw up the night before in public, much less as loudly as possible.
Finally, there was the guy who was swearing profusely as he took money out of the ATM at the grocery store. Was it because he couldn’t get money out? No, it wasn’t — instead, it was because something had gone wrong at home (or maybe with his job) and he was using every profane word he could (plus making up a few new ones) to express his displeasure. All while he either thought no one could hear him (not likely), or didn’t care.
Look. I understand how it is when you must take a phone call, even if you’re out. But when that eventuality does occur, you need to be polite to others.
In these three situations, what should these men — and note, they all were men (as women in general tend not to behave this badly in public for whatever reason) — have done? Well, the first guy should’ve taken his phone call in the car and his kids should’ve sat there quietly (or as quietly as they could) until he was done. Then he should’ve bought them all lollipops (or whatever small treat they wanted) for behaving in the car — or he should’ve then proceeded to take the kids home and punish them if they hadn’t behaved. In no way, shape, or form should he have taken the call in the store and let those kids run up and down the aisles screaming, whooping and hollering as they were — much less making a huge mess, as last I saw they were in the process of doing.
As for the second guy, this may seem overly obvious, but here goes: Don’t talk about your bodily functions in public, period. Really, we don’t want to hear about it. And if you are that hard-up to embarrass your girlfriend, well, it’s either time for you to get a new girlfriend or, better yet, for her to trade you in for a better-behaved model, someone who might actually appreciate her for a change.
As for the third gentleman (using the term loosely, of course)? Try not to swear in public. If you do need to swear, do it quietly, because yelling the “f-word” at the top of your lungs is rude.
And remember, guys, this very basic thing — it’s more than likely that your side of the conversation on your cell is going to be overheard. Use your common sense and see this as the public conversation it is, and treat it accordingly. Or prepare to suffer the consequences as more and more people realize what a completely unlettered jerk you’ve turned out to be, just because they’ve been the unwitting victims of your poor cell phone etiquette.
Just reviewed Yu’s “How to Live Safely in a SF Universe” for SBR
Folks, here’s the latest review; for those of you who’ve read my Amazon.com review from last year, this goes into a little more detail about the plot and gives a short snippet from page 213. (I loved HOW TO LIVE SAFELY IN A SCIENCE FICTIONAL UNIVERSE last year; that is unchanged.)
Now, as to why I reviewed it again? It’s a good book that makes me laugh and think — rare, that combination — and it’s about to come out in trade paperback (meaning it’ll be a little cheaper to buy — $11 versus $16 or thereabouts).
So if you somehow missed this book last year, and you like SF, philosophy, and humor — because philosophy doesn’t have to be dry as dust nor boring as Hell — you will love Charles Yu’s book.
Check out the review at:
http://shinybookreview.wordpress.com/2011/06/15/yus-universe-well-worth-entering/
Periodic state of the Elfyverse Update
Folks, tonight’s update will be short and sweet — the state of the Elfyverse is as follows:
300,000 + words on AN ELFY ABROAD (ELFY sequel; this book will be split down the line, once I have a good ending — I’m about 8 chapters from the end there). Working on part 46 (revision) and part 47 (first draft) at this time.
45,000 + words on KEISHA’S VOW (ELFY prequel set in 1954) — working on part 31 (revision) at this time.
Considering a new beginning — the same events, but told differently and more directly — for ELFY. Still in the planning stages. ELFY remains at just under 240,000 words and may well be split down the line.
Otherwise, as far as writing goes — got a new poem completed, which I’ll sit on for a few days before asking my first readers to take a good look at that (and one other I wrote a while back about observing the judicial recount). Looked over KEISHA’S VOW last night (revised for over three hours). Have a short story idea or two in process . . . 1/2 of the fourth “Columba” story has been written (though it’s in first draft form, so there’s a lot of work left to go there) . . . and, finally, another “Joey Maverick” story is in the works, but so far it’s more planning than actual writing going on. (I’ll have to write almost all of this one, then retrofit what I can from Michael’s novel MAVERICK, LIEUTENANT, to fit.)
Because the last two stories were Michael’s — I’m doing my best to finish them (there was a bit of a start for the fourth “Columba” story, but that’s all — less than 2K words were there, almost all of which come _later_ in the story than I have written; I have about 5K words written there) — it takes more energy and effort to complete them. But I know I can’t leave these stories be; when I get an idea there, I like to write it down and do what I can with it when the energy and time are available.
I realize I cannot bring back my husband this way, but at least the worlds he created remain alive so long as I keep trying — no matter how long it takes.
That’s about it, writing-wise, though I’m also hoping to re-start another novel that’s post-Civil War steampunk (with Fae elements).
In other words, I still have plenty of projects, which is just as well — it’ll keep me from being bored.
Just Reviewed NRP’s anthology “Night Whispers” for SBR
Folks, please take a look at my review for the Naked Reader Press anthology NIGHT WHISPERS, which I just posted a few minutes ago at Shiny Book Review:
http://shinybookreview.wordpress.com/2011/06/08/night-whispers-scary-stories-from-a-short-anthology/
If you like stories about vampires, magic, or “things that go bump in the night,” you will love this anthology.
Hot, humid weather here — WI Republicans Try to Cheat
While trying to survive the extremely hot, humid weather here in Southeastern Wisconsin (high today is expected to be near 100), I’ve been looking on with bemusement at the Wisconsin Republican Party’s latest bunch of dirty tricks.
How about this headline? “Wisconsin Republicans Want Allies to Run as Democratic Protest Candidates in Recall Election Primaries.” And they’re not even denying that they’re doing it! Here’s a link — now here’s a quote:
Stephan Thompson, executive director of the Republican Party of Wisconsin, said in a statement Monday that Republican state senators face recalls for doing their jobs, unlike Democratic senators who he says deserted their constituents for Illinois.
Thompson said the Republican senators are busy crafting a state budget, which puts them at a disadvantage to challengers to have time to campaign.
“Because of this disadvantage, and the outrageous nature of elected officials facing recall for standing up for a balanced budget, the Republican Party of Wisconsin has advocated that protest candidates run in Democratic primaries to ensure that Republican legislators have ample time to communicate with voters throughout their districts after the state budget is approved,” he said in the statement.
By doing this, Republicans would force the Democratic challengers to spend money on a primary instead of saving it for the general election. Spoiler candidates could also launch negative attacks on the Democrats while the Republican incumbents stay out of the fray.
So, the head of the Rs thinks it’s perfectly fine to do this. Hmm.
Next, here’s the Democratic Party of Wisconsin (aka WisDems) response, from the same article:
The Democratic Party called on Republicans to stop their “Nixonion dirty tricks” and scheduled a news conference Monday afternoon with Democratic Senate Leader Mark Miller.
And now, today’s news from the Milwaukee Journal-Sentinel, where Scott Fitzgerald, the Senate Majority Leader (R-Juneau), admits he was behind this idea all the way:
Senate Majority Leader Scott Fitzgerald fully endorsed the idea Tuesday of fielding fake Democrats in recall elections against Republicans in an effort to delay the general elections.
“It gives us another month to campaign,” said the Republican from Juneau.
Recall elections for six Republican senators are scheduled for July 12. If there are multiple candidates from the same party in any of those elections, the July 12 election becomes a primary election and a general recall election will be scheduled for Aug. 9.
Now, here’s the “money quote” (or in this case, the “money area”) of this article, which is a follow-up to Daniel Bice’s yesterday MJS article:
Fitzgerald said Republicans would be recruited to run as Democrats — likely in all six races — so that the elections would be pushed back a month. He said he was persuaded by campaign staff that it was a good idea and consulted with state election officials to make sure it was allowed.
And what, pray tell, is Fitzgerald’s motivation for this? Supposedly, it’s to get back at the Dems because they supposedly ran a “fake R” in the 2010 election against one of the Rs. Going on:
Fitzgerald said the idea was developed in response to a fake Republican running last year against Rep. Bob Ziegelbauer of Manitowoc. Ziegelbauer was a Democrat who long voted with Republicans; he quit the Democratic Party last year and ran for re-election as an independent.
A fake Republican ran in an attempt to split the vote between him and Ziegelbauer, giving the Democrat a chance to take the seat. The move didn’t work, and Ziegelbauer kept his seat.
Mark Jefferson, the state Republican Party executive director at the time, called that move a “nasty, cynical ploy.”
Of course, the Dems deny this.
Going on, Fitzgerald says that:
“Recalling senators for taking a tough vote is just wrong.”
He also said holding the recall elections were costly for taxpayers. By forcing primaries with fake candidates, those costs will only climb.
So, the recalls against Rs are bad, but the three pending recalls against Dems for doing their jobs by leaving the state to deny a quorum are good? How is this logical?
Then, Fitzgerald says that “recalls are expensive,” then turns around and says that they should force primaries with silly, stupid “fake Dem” candidates to cause an even greater expense? How does this possibly make sense, even in an alternate universe?
I’m sorry, Mr. Fitzgerald. You do not get to “have your cake and eat it, too.” You can either be for the recalls, as your party might get a few of the Dems out — or you can be against the recalls, as your party will probably lose a number of seats. But you cannot be both, and you certainly cannot say that “recalls are expensive” while doing your level best to lengthen the process and make it even more expensive, because that does not fly.
This just goes to show you that the Republican Party in Wisconsin cannot be trusted if they’re willing to admit to these types of “dirty tricks” — and no matter how hot and humid it is, there’s no excuse whatsoever for the latest bunch of horrible behavior.
And to Mr. Fitzgerald, personally, I will say only this — I hope every single last Republican who voted for Gov. Walker’s “budget-repair” bill gets recalled as soon as legally permissible (for most, it’s next January). Including you.
Brian Sabean Goes Ballistic re: Posey/Cousins collision; also, a Ben Sheets update
What on Earth has gotten into Brian Sabean?
Sabean is the General Manager of the San Francisco Giants, and is mad as Hell over the 5/25/11 collision between Florida Marlins catcher Scott Cousins (who was trying to score a run) and Giants catcher Buster Posey (who was trying to block home plate and keep Cousins from scoring). Posey sustained a serious injury and is now out for the season; for more on his injury, check out this article.
Now, I can understand why Giants fans — and most baseball fans in general — want Buster Posey to play, not see him sitting on the DL with a long-term injury to deal with. He’s an exciting young player and fans love him. I also can understand why the Giants, and Sabean in particular, would be angry that Posey was injured, especially as some others, including Mike Matheny, seem to believe that Cousins was most definitely at fault in that collision and that Cousins may well have been trying to injure Posey (even though Cousins insists he wasn’t and has apologized several times; check this article out if you don’t believe me).
But why this sort of incendiary rhetoric, all available at this link?
Sabean did not pull any punches during an interview on KNBR on Thursday, calling Cousins’ targeted hit “malicious” and saying he didn’t blame Posey for refusing to return an apologetic phone call.
“Why not be hard-nosed?” Sabean said. “If I never hear from Cousins again or he never plays another game in the big leagues, I think we’ll all be happy.”
Asked if perhaps those words were too harsh, Sabean didn’t back down. In fact, he left little doubt that the Giants are bent on getting some on-field vengeance.
“He chose to be a hero in my mind, and if that’s his flash of fame, that’s as good as it’s going to get, pal,” Sabean said. “We’ll have a long memory. Believe me, we’ve talked to (former catcher Mike) Matheny about how this game works. You can’t be that out-and-out overly aggressive. I’ll put it as politically as I can state it: There’s no love lost, and there shouldn’t be.”
Now, the Giants have apologized for Sabean’s comments, which to my mind is way too little, way too late, especially as Cousins has been getting death threats; see this link for details about that.
And as if that wasn’t enough, Joe Torre, who now works for Major League Baseball, wants to talk with Sabean (see this link for details). Torre is a well-respected former manager and catcher, and knows the game as well as anyone living; Sabean should listen to Torre, who I hope will tell Sabean the equivalent of this: “Shut up. Shut up now. Don’t be any more stupid than you have to be; you’ve already said more than enough as it is.”
Torre telling Sabean off is the best thing to do — but in case Torre’s message doesn’t take, I hope Torre will exercise his authority and suspend Brian Sabean as a fine, no matter how hefty, will not do. Sabean’s comments should not be tolerated, no matter how frustrated Sabean is, and no matter how much Sabean appreciates Posey’s play (or Posey’s positive effect at the box office).
Now for something completely different, as I’d like to pass along some good news regarding Ben Sheets.
As previously reported, Sheets had a huge surgery on his elbow last year and his prospects for playing at all in 2011 looked dubious. While I’m not sure if he will be able to pitch this year, I did find one Web site, here, that says Sheets is rehabbing in Arlington, Texas as of March of this year — and Sheets wouldn’t be rehabbing so seriously if he wasn’t at least going to try to make a comeback ASAP.
Sheets being in Texas makes perfect sense for a wide variety of reasons. Sheets’ home is in Louisiana, so Texas isn’t all that far away, comparatively; better yet, it’s where his former Milwaukee Brewers pitching coach Mike Maddux now makes his home (as the pitching coach for the Rangers, naturally). It also seems that Sheets is comfortable with the doctors in Texas and that his rehab is proceeding well.
All I can say is this — good for you, Ben, and I truly hope you’ll be like Chris Capuano this time next year. (As in, you’ve made it all the way back, you’re pitching as well or better than ever, and your second major rehab stint will have gone successfully.)
Barb Caffrey's Blog 