For the Luck

29 11 2016

Jefferson City

Three weeks ago today, the state’s electorate voted to retain Supreme Court Justice Richard Teitelman.

This morning, he was found dead.

If the process to find his replacement can work fast enough, and by “fast enough,” I mean spitting out a recommendation before January 9, then Nixon just might be able to appoint the replacement before the final bell tolls on his time as Governor.





Why It Doesn’t Matter

21 11 2016

Downtown

The Federal judge overseeing the lawsuit over the voting method used in the Ferguson-Florissant School District for its board members is settling on cumulative voting for the remedy for the non-problem.

And why won’t it matter in the long run?

The last paragraph in this article:

About 80 percent of the school district’s 11,200 students are black, and 12 percent are white. The population in the district is nearly evenly split between black and white.

Old whites, and young blacks.  The trend is easy to see.  Eventually, DESE will take over this whole district, and the elected board won’t matter.  Unfortunately, thanks to the guddam Turner Law, it also means that in that scenario, FFSD students would be able to transfer out.

Otherwise, I hope this disparate impact craziness vis-a-vis the Federal judiciary is something we can at least seriously discuss and maybe even do something about in the next four to eight years.





Skullduggery Is Great Work If You Can Find It

25 10 2016

Drudgetapostion:

obamacare-drudge-roberts

Hmm, thinking about his Maine house.

“Ladies and gentlemen of the jury, the house burning down — When it’s viewed as a circumstance that originated at my hands with my premeditated intent, then it would be criminal arson.  But when it’s viewed as an accidental fire, then I’m not guilty.”





Lie Upon Lie

4 10 2016

Downtown; Ferguson

Dismissed.

Just like “hands up don’t shoot” turned out to be a big fat lie when examined in light of physical evidence, so too were the stories of these plaintiffs.  Ferguson must have tragic dirt that forces people to make shit up.





Gender Not So Fluid

1 10 2016

Baton Rouge

New Orleans Times-Picayune:

Dancers sue to overturn Louisiana strip club age requirements

Three dancers have filed a federal lawsuit alleging that a law requiring performers in strip clubs be at least age 21 is unconstitutional. The lawsuit comes about a week before state officials have said they’ll begin enforcing the new law in strip clubs statewide.

Identified in the lawsuit as Jane Doe I, II and III, the three dancers say the law will rob them of the ability to express themselves with erotic dance, in violation of the First Amendment guarantee of free speech.

They also claim the law unfairly targets women, citing a prohibition in state law that defines strip club performers as “entertainers whose breasts or buttocks are exposed to view.” That definition, the dancers claim, applies only to women and “does not prohibit the same conduct by men” who are between the ages of 18 and 21.

Men don’t have breasts or buttocks? We have breasts, it’s just that ours are flat, at least for most of us.

Also, what’s with this linking physical anatomy to gender? We’ve lived under World War T long enough to know better. Otherwise, transphobia.

Much of the lawsuit takes aim at the idea that the law is gender discriminatory, which the dancers say is in violation of the Constitution’s equal protection law. Citing comments by legislators, the law seeks to bolster its gender discrimination argument by saying legislators knew the law was aimed at young women because state Rep. Walt Leger, D-New Orleans, and others said the law was aimed at protecting young women.

Maybe so, but I don’t see anything facially wrong with the law, at least not from this telling of it, that would sufficiently draw the ire of the Federal judiciary. And I don’t think that the paucity of actual or possible instances of disallowing 18-20 year old men from stripping is good enough for the plaintiffs.

A consistent argument among supporters of the bill during the legislative session was that it was designed to ensure that people under the age of 21 aren’t exposed to the lure of prostitution through adult nightclubs. The author of the bill, state Sen. Ronnie Johns, is quoted in the lawsuit as saying the bill is “strictly an anti-human trafficking bill.”

Politician named Johns wants to cut down on the lure of prostitution.

To look at this the other way, while I don’t think the law is facially penumbrally discriminatory such that it trips intermediate scrutiny, I also don’t think the defendants (the state) should ride into court with the “penumbral to human trafficking compelling public interest” argument hitched to their horses. Even if stripping is penumbral to prostitution, which it isn’t, prostitution is not penumbral to human trafficking.  (Note:  By “penumbral,” I mean in the legal-constitutional sense, not the sense of actual on-the-ground reality.  Because in reality, there is a very slick conveyor belt between stripping, prostitution and human trafficking.)

That said, we know why this law was enacted. It’s because many politicians are the fathers of daughters, and it’s just an age old truism that fathers are defensive and protective of their daughters.  It’s why middle aged men are weaponizing the Obama White House to in turn weaponize college administrators against college men with their kangaroo tribunals.  Instead of middle aged men beating young men with sticks to stay away from their daughters, they’re now doing it vicariously using intermediaries.





Black Monopoly

22 09 2016

Boston

DC:

Mass. High Court: Blacks Have Special Right To Run From Cops

Black men may have a legitimate reason to flee Boston police during investigatory or “Terry” stops, the Massachusetts Supreme Judicial Court ruled Tuesday.

The court found that systemic racism in the Boston Police Department may be considered in conjunction with a suspect’s decision to flee from police during a stop.

We all thought the board game of Black Monopoly would look like this:

black-monopoly

Instead, it means that players get a virtually infinite supply of these:

goojf





Old Pain Burning

25 08 2016

Jefferson City

SCOMO’s ruling on the Bazell case is causing some curiosity.

This state has always had a rough relationship with stealing laws.

Though I don’t see why some of the people upset with it are actually upset.  Aren’t these the same people who constantly worry about overincarceration?  You’d think that fewer felony crimes on the books would make them happy.