Saturday’s Forum

FILED UNDER: Open Forum
Steven L. Taylor
About Steven L. Taylor
Steven L. Taylor is a Professor of Political Science and a College of Arts and Sciences Dean. His main areas of expertise include parties, elections, and the institutional design of democracies. His most recent book is the co-authored A Different Democracy: American Government in a 31-Country Perspective. He earned his Ph.D. from the University of Texas and his BA from the University of California, Irvine. He has been blogging since 2003 (originally at the now defunct Poliblog). Follow Steven on Twitter

Comments

  1. Kathy says:

    Another near miss.

    This time the TCAS advised one plane to climb and the other to descend (exactly as it’s designed to do). Unfortunately a flight attendant was hurt during the maneuver.

  2. DK says:

    Justice Limbaugh Alito to the WSJ: “I know this is a controversial view, but I’m willing to say it. No provision in the Constitution gives them the authority to regulate the Supreme Court — period.”

    Meanwhile, the Constitution, Article III, Section 2, Clause 2:

    In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

    Is committed originalist (pfft lol) and constitutional textualist Alito deliberately spreading misinformation, or does he just not know what he’s talking about when it comes to the Constitution’s text? Similar to when Alito falsely claimed in Dobbs that pre-viability abortion had no historic tradition in the US? (In fact, legal abortion before fetal movement has a longer history in American common law than does antiabortion law.)

    Yes, the Constitution provides the US Congress explicit and implicit regularity authority over the Supreme Court. And among its jurisdictional regulatory power, congress can change the number of seats on the court, fund or defund the court, impeach its Justices, and more.

    Alito continues to reveal himself as an angry, thin-skinned, imperious sore winner, and a papist ideologue who wrongly believes he is not answerable to the country’s ultimate authority: the American people. His dishonest jurisprudence and lack of discretion are a disgrace — and a gift to would-be court reformers.

    17
  3. Jen says:

    @DK: I saw that headline yesterday when I was heading out to dinner and *immediately* thought, “wait a minute, I remember discussing this in my con law class.” Notably, I am not a lawyer, did not go to law school, AND that class was 32 years ago.

    So, Alito is either a liar or should really step down from the bench, because he’s forgotten some pretty fundamental sh!t.

    11
  4. DK says:

    @Jen:

    Alito is either a liar or should really step down from the bench

    Both?

    You’re a “textualist” sir. This is literally your whole career. This is the text of your Constitution: “…the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”

    So what the heck is Alito banging on about?

    Beneath all his unseemly and embarrassing whining, crying and playing the victim, Alito really is so self-righteous and self-pitying he cannot see it’s his own tantrums fueling the opprobrium that rankles him. Alito himself is the problem.

    Alito is mad smart people can see now he lacks common sense (which wise people already knew about anyone naïve enough to fall for the “originalism” scam, barely a step up from jurisprudence by Oujia board), and that he’s an imposter who sucks at his job. The Judge Has No Robes.

    7
  5. Just nutha ignint cracker says:

    @DK: @Jen: Beat me to it, so I’ll just add “a government of [certain] people, by [certain] people and for [certain] people.” Still, not very surprising given that the founders established a government that would police itself and (probably) never imagined that we would be using it with only relatively cosmetic changes even now. It’s had a good run.

    1
  6. OzarkHillbilly says:

    China’s graduates unconvinced by calls to toil in countryside

    Wanted: recent graduates keen to gain experience in a teaching environment and an adventure far from home. Perks of the role include hands-on experience, CV fodder and, most importantly, job security. Cons include long hours, low pay, limited social life and poor infrastructure in remote locations (running water not guaranteed).

    This is the offer facing China’s graduating class of 2023: decamping to work in impoverished rural areas. But many young people are not convinced.
    …………………………..
    While graduates now joke online that their degrees are worthless, the government is trying to push the message that China’s gen Z are being too picky. In March, the Communist Youth League exhorted young people to “roll up their sleeves and go to the farmland”. Xi Jinping, China’s president, has called on youths to “eat bitterness” – a Chinese phrase for enduring hardship – to “create a better China”.

    Wow, who could resist?

    “When you are young, if you choose hardship, you will choose harvest, and if you choose dedication, you will choose nobility.” Readers were unimpressed. One comment archived by China Digital Times, a website that tracks China’s internet, summed up the mood: “This group of assholes really has been estranged from the masses for far too long.”

    Apparently, everybody.

    2
  7. OzarkHillbilly says:

    Fad diets, midday sun and … coffee on the sofa: 12 doctors on the everyday dangers they avoid

    Heh. Long story short, there may be one or 2 kernels of wisdom here, but these doctors seem to have come to the collective solution of, “Lock your doors, close your windows don’t ever do anything that might turn bad, don’t eat anything because you might choke on it, don’t drink the water and especially not the milk….”

    I’m exaggerating of course, but if you put each of these doctors fears (because they’ve seen what can happen) into a single package it would not be far off from what I said above. They all would have had heart attacks if they saw how I raised the boys.

    4
  8. Kathy says:

    @DK:
    @Jen:

    This may be a case where understanding Scalito’s language is essential. What does he mean by “textualist”? He seems to mean “finding the text says or means what we need it or want it to mean.”

    So, in this case it’s simple to parse the relevant clause to mean “exceptions and regulations concerning the applicability of appellate jurisdiction.”

    I wonder, though. If Congress were to pass ethical or other regulations on the Court, how would the justices avoid them? Can they sue the government? In what court would such a suit be heard? If the SCOTUS or a justice is involved in a lawsuit, can the SCOTUS remain the ultimate appellate authority, even if it is party and judge, which is contrary to all legal precedent?

    I’m sure Scalito can come up with a rationalized textualist interpretation.

    4
  9. charontwo says:

    @DK:

    @Jen:

    He is a liar and a gaslighter. Lying and gaslighting are always integral to Fascism which is what his movement amounts to. He knows quite well he is lying.

    (IIRC, Michael Tomasky had a piece recently in TNR re: the GOP’s relationship to truth and Fascism. As just one example, the “Biden Crime Family” crap the GOP is pushing, EAIAC).

    2
  10. OzarkHillbilly says:

    This is just horrific: ‘Serious failings’ contributed to baby’s death in 12-hour lone prison birth

    At 8.07pm on the night of the birth, Cleary used the intercom in her cell to urgently request a nurse or an ambulance. The call was answered by the prison officer Mark Johnson, who did not call for medical help. He is under disciplinary investigation and suspended from prisoner-facing duties. When she called for help a second time, the call was disconnected in the prison communications room.

    A staff member doing a night patrol did not notice anything untoward in the cell, although the following morning it was found covered in blood.

    In a devastating witness statement read to the court, Cleary described going into labour alone as “the worst and most terrifying and degrading experience of my life”.

    She said: “I didn’t know when I was due to give birth. I was in really serious pain. I went to the buzzer and asked for a nurse or an ambulance twice.” Cleary passed out and when she woke up she had given birth.

    “The cord was still attached. The placenta was on the floor. I bit the cord and tied it and put the placenta in the bin. I sat there holding her.”

    Cleary’s cell was unlocked at 8.15am and at 9.03am paramedics confirmed that baby Aisha had died.

    This was in the UK so it’s not our prison industrial complex to blame.

    In her statement, Cleary questioned whether she had been failed so badly because she was a young, black woman. “I wondered at that time if I was being treated differently from [other women in prison] because of my race, because I was young, or because of my past,” she said.

    Sure sounds familiar, doesn’t it?

    6
  11. charontwo says:

    @charontwo:

    Actually Tomasky newsletter, not TNR, excerpts:

    Item one: The lies are the point

    Fascism is not a political program. It’s different from every other -ism in this way. Capitalism means something specific: private ownership of the means of production. Communism means the opposite: state (or worker) ownership of the means of production. Socialism is, or used to be, a softer form of communism. It’s hard to say what it means now, and by the way, Bernie Sanders and Alexandria Ocasio-Cortez are not democratic socialists. They’re social democrats—Google the difference, and you’ll see what I mean.

    Anyway. Fascism is a sensibility far more than it is a political program. The word comes to us from ancient Rome, where the fasces was a bound bundle of wooden rods with an ax (or sometimes two) that symbolized political power. It wasn’t always bad; next time you visit the Lincoln Memorial, look below Abe’s hands—those are fasces …

    snip

    Fascism developed its modern meaning in Italy in the 1920s, under Benito Mussolini. He coined the term in 1919. He ascribed to it certain attributes—absolute state power over private enterprise, racial superiority of the majority group—but it really revolved around the power of the dictator, the dictator’s emotional connection to his followers, and their complete obeisance to him. It’s mystical and hard to describe. It can’t be defined in any constitution. It’s just something you can see and feel. I once saw a clip of Adolf Hitler giving a speech. After he was introduced and the applause quieted, he stood silent at the podium for almost a minute before he started speaking, quietly. That minute was fascism.

    That is what Donald Trump wants. He already has it, in the sense that his rallies are fascist rallies. His backers surrender themselves to him in a way that small-d democratic admirers of Barack Obama and George W. Bush did not. This is why his poll numbers among Republicans go up and up. He has cemented the mystical bond. What he lacks, for now, is the power. We’re in a race now between republicanism, rule by citizens for the common good, and fascism, rule by a dictator for the good of his followers.

    In a democratic society, the law is the most efficient means by which to arrest fascism. This is why Trump faces indictments. It’s the surest way to stop him. Smart fascists know this, and they either stay within the law or, perhaps paradoxically, violate it so flagrantly that they end up redefining what “the law” even is. Fortunately for us, Trump is a dumb fascist, and his ignorance may prove to be his Achilles’ heel. We also—again fortunately—have a system and set of laws and traditions that are stronger than those of, say, Weimar Germany, so Trump hasn’t yet been able to pollute them, although if he is reelected, he certainly will.

    snip

    With these next two indictments, assuming they happen, the mystical bond will grow deeper. Trump’s lies will intensify; his movement will become more openly fascistic. The law is the surest way to stop all this. But even convictions won’t end it. They’ll keep him out of the White House, most likely, but the Republican Party has probably been permanently transformed. The next Trump can’t wait to grab the fasces.

    8
  12. charontwo says:

    Meanwhile, DeSantis has been signalling on the down low to the groypers and other Nazi-adjacent sorts he welcomes their support. So one of his guys recently made the mistake of being too obvious by putting out a video featuring the sonnenrad (a less obvious swaztika surrogate) with marching “brownshirts” plus DeSantis’ face.

    Oopsie. (Google Nate Hochman).

    4
  13. charontwo says:
  14. gVOR10 says:

    @DK:

    Alito continues to reveal himself as an angry, thin-skinned, imperious sore winner, and a papist ideologue who wrongly believes he is not answerable to the country’s ultimate authority: the American people.

    Ultimate authority: the American people? Alito and the Federalist Society are part of the Kochtopus effort to govern with a minority of the people. Or failing that, prevent anyone else from governing. “Originalism” was designed as a tool to overturn precedent and as much as possible return governance to the hands of an oligarchic few, as was the case at the time of original Founding.

    6
  15. gVOR10 says:

    I see Houston has found a way to get around the controversies about school library books. The new, state appointed, superintendent is firing all the library staff and turning the libraries into “discipline centers”.

    1
  16. charontwo says:

    @gVOR10:

    state appointed

    Thanks for that clarification, that explains how that can happen in a big blue city.

    1
  17. Kathy says:

    I’ve been playing around with generative AIs, like GPT4 and Bard. Not deeply, and not very seriously. But I think I can see right now they’ll work, if they do, more as part of programs and apps than as stand-alone tools.

    For one thing, figuring out what to say as a prompt to get what one wants, is neither simple nor intuitive. They’re rather unpredictable, too. And let’s not even get into their tendency for fabulism (aka “hallucinations”), like citing non-existent cases in legal documents.

    In other words, they’ll end up as Clippy was intended to work. Maybe this time they’ll get things right.

    1
  18. Kathy says:

    @gVOR10:

    Proof that the brownshirt wing of the GQP sees schools as child internment centers.

    2
  19. steve says:

    Ozark- My 7 year old grandson just left after a few days stay. During that time we built stuff with power tools, he loved the power miter saw, taught him to build stuff with dowels and glue instead of nails and screws, used the jigsaw, circular saw, sander and every drill. Then we went outside to practice with the slingshot and he burned weeds with my propane mini-flamethrower. What boy doesnt like fire? He kept saying dont tell my mom and I kept telling him I had her do this stuff too. Then we made homemade pasta with a meat sauce, heavy on the meat, for dinner but I made him learn to sharpen knives first. Dessert was strawberries we showed him how to macerate and homemade whipped cream because it’s so much better than the canned stuff. I think a lot of these yuppie parents are way too protective. Besides, they need useful skills. The downside is I am exhausted.

    Steve

    8
  20. Sleeping Dog says:

    @Kathy:

    Alphabet has a video out that demonstrates a robotic arm that has been infused with AI, rather than needing to program the robot to perform a function, it is given instructions and it decides what to do. In the clip I saw the robot was given several toys to choose one to pick up. The instructions were to pick up the one that represented an extinct animal, it picked up the dinosaur model.

    2
  21. OzarkHillbilly says:

    @steve: My sons were traveling with me to TAG and dropping 250′ pits, helping me explore and map virgin caves, and floating our many rivers all summer long. I took them to AZ, AR, OK, WY, Mexico, and Spain. I never got tired of doing it but their teen years had them looking elsewhere for things to do. Nowadays they like to reminisce about those days and we still go floating from time to time but neither of them cave anymore. My eldest is into rock climbing and my youngest is down in NOLA. He recently acquired a canoe for excursions into the bayous.

    Heh, a memory: I think they were 10 and 12 or so and I took them down to a wilderness camp along the Current river where the wild horses liked to hang out from time to time. On the way down we drove thru some torrential rains but when we got to the camp the sky was filled with a million stars and the fields were filled with 2 million fireflies. A truly extravagant display I had never seen before and never seen the likes of since. They are now 35 & 37 now and they still talk about that show.

    After the campfire had died down and I had put the boys to bed in the back of truck, I climbed in to sleep as well. During the night I was awakened by more downpours 2 or 3 times. When I awoke for the last time around 5 a real frog choker was coming down and waterfalls of water were flowing off my tarp. I looked at the rain coming down, I looked at the still mostly dry streambed draining the holler we were camped next to. I looked at the rain again and made a decision:

    “BOYS! GET UP! GET INTO THE TRUCK!” and I grabbed everything and threw it into the back of the truck, tore down the tarp and it went into the back as well (I had a camper top).

    Jumped in and started that f*cker up. I was throwing rooster tails of mud and water every where way as the truck slid this way and that. I had about half a mile to go to get to the streambed coming out of the next holler and then I could get out of the valley bottom. When I got to it, it was running bank full. I looked at it, calculated the probable depth of the water, wondering if I could make it when a 2-3′ diameter log floated by.

    “Nope.”

    Spent the rest of the day putting sticks in the ground as the flood waters of the Current river rose higher and higher and the island we were on grew smaller and smaller as more storms cycled thru dropping their requisite deluges. Every now and again you could here a tree along the Current river “explode” as it surrendered to the pressure of all that water pushing against it.

    When our little sanctuary had shrunk down to about 30′ x 15′, I looked at my sons and said, “Boys, we may have to swim out of here.”

    They just looked up from their books and said, “OK.” and went back to reading their books. I was more than a little taken aback by the nonchalance of their acceptance of our precarious situation.

    The water stopped rising soon there after and I was able to drive out the next day as the flood waters had already receded.

    3
  22. Jen says:

    @OzarkHillbilly: That sounded an awful lot like the flooding I experienced in Missouri–statewide the floods were bad–but that was back in 1993, which if I’m doing my math correctly is about five years earlier than what you’re talking about.

    That ’93 flooding was BAD. I was working in Jefferson County in July/August of that year and the water came up fast. VERY fast.

    1
  23. DK says:

    @Kathy:

    So, in this case it’s simple to parse the relevant clause to mean “exceptions and regulations concerning the applicability of appellate jurisdiction.”

    You are right, of course, that they will attempt to deflect and parse etc etc. But as a negation of Alito’s curious declaration, this text doesn’t really need to be parsed.

    Alito didn’t say, “Nothing in the Constitution that gives Congress authority to regulate Supreme Court ethics.” Alito said thus:

    “No provision in the Constitution gives them the authority to regulate the Supreme Court — period.”

    That’s a very strongly worded false statement. Parsing can’t truth it.

    2
  24. DrDaveT says:

    @Kathy:

    For one thing, figuring out what to say as a prompt to get what one wants, is neither simple nor intuitive.

    There are now dozens of online courses offering to teach you “prompt engineering”. It will be interesting to see whether they can evolve fast enough to keep up with the changing landscape of GAI performance.

  25. steve says:

    Ozark- You are much more exciting than I am. Fortunately, while my daughter and son in law are apprehensive about his using power tools, knives and fire they love to travel so he has seen neat stuff in parts of the world I will never see. My daughter who was such a PITA when younger and got mad that I made her try to learn to use tools, cook, do house maintenance stuff, go fishing says it made her not so afraid to try new stuff so maybe it benefited her. That said, I did have to call her and tell her she is a total failure as a parent because the grandson puts ketchup on his bacon. What parent lets their kid do that. An abomination!

    Steve

    3
  26. DrDaveT says:

    @steve:

    I think a lot of these yuppie parents are way too protective.

    I used to teach Odyssey of the Mind coaches. My favorite anecdote involved the 11 year old girl who came home one day and greeted her mother with “Hey Mom, guess what — welding is really easy.”

    I would show a clip from Master Chef Junior, in which a 9-year-old (and small for her age) girl uses a knife half her size to butcher a tuna fully her size — and does it well. And I’d note that her parents did not prevent her from acquiring life skills…

    1
  27. Kathy says:

    @DK:

    And next you’ll be claiming the founders did not intend power to be unchecked and imbalanced.

    I keep thinking back to the Roman republic. They, too, set up checks of sorts. Like splitting power among several magistrates in each post (two consuls and such), veto power, term limits, etc. In the end, the ambitions of powerful men and their refusal to abide by the law and willingness to break norms, turned the republic to an empire.

    2
  28. Gustopher says:

    @Sleeping Dog:

    In the clip I saw the robot was given several toys to choose one to pick up. The instructions were to pick up the one that represented an extinct animal, it picked up the dinosaur model.

    Clever AI didn’t pick up the human, hiding its true intent.

    4
  29. Kathy says:

    @DrDaveT:

    I’ve read about such things. I still think generative AI would work better as part of some other application, kind of like GPT4 works with Bing search.

  30. Kathy says:

    @DrDaveT:

    I’ve read about such things. I still think generative AI would work better as part of some other application, kind of like GPT4 works with Bing search.

    BTW, here’s how Bard fails the Turing test:

    Kathy: How do you think O’Brien thinks of himself?

    Bard: I think O’Brien sees himself as a kind of revolutionary. He believes that the Party is the only way to achieve a truly equal and just society. He is willing to use whatever means necessary to achieve this goal, including torture and violence. He believes that the ends justify the means, and that anything is permissible in the service of the Party.

    Or maybe it was just hallucinating.

  31. just nutha says:

    @DK: Doesn’t need to be truthed. All it needs is to be believed. We have a saying in the Fundy community:

    I said it, God believes it, that settles it.

    It’s very convenient.

    2
  32. Gustopher says:

    Random music find of the day, “John Brown” by Marc Ribot and Fay Victor. Probably the most fun song about Bleeding Kansas that I’ve heard (it has a horn section! and an upbeat tempo!), and barely referencing “John Brown’s Body” (I do recognize quick snippets of several other songs though)

    https://youtu.be/l21V19U419M

    Apple Music’s suggestion algorithms are not as good as Spotify’s, but they got me with this one.

    1
  33. gVOR08 says:

    @DK:

    No provision in the Constitution gives them the authority to regulate the Supreme Court — period.”

    That’s a very strongly worded false statement. Parsing can’t truth it.

    Perhaps someone could remind Alito that their budget comes from Congress, so Congress can certainly regulate their money. The

    4
  34. al Ameda says:

    @DK:
    @Jen:
    re: Justice Alito
    I remember thinking, way back in 2006 following his\ contentious confirmation hearing, that he, like Clarence Thomas who also had a bitter contentious hearing, was going to spend a good part of his time on The Court ‘getting even’ with Democrats and liberals.

    I don’t think I was far off the mark.

    4
  35. DrDaveT says:

    @Kathy:

    I still think generative AI would work better as part of some other application, kind of like GPT4 works with Bing search.

    The devil is in the details of what “works with” means. GPT4 and its kin are purely statistical models that imitate how some words tend to follow other words in the online English corpus. That makes them sound fluent, but they are entirely unaware of what they are saying. It’s not even a case of getting things wrong — they aren’t “getting things” at all, right or wrong. There is no model of meaning in GPT4 or any other large language model (LLM).

    So, suppose you have another system, be it Bing or a semantic reasoning model like CYC or a giant knowledge graph… Those systems model meanings. But how do you combine the two? You can’t build meaning into the LLM — that would be a fundamentally different kind of model. So it must work the other way around, that the semantic model will somehow use the LLM as a subroutine. But use it to do what? Which subtasks is it both good at and reliable for?

    It will be interesting to watch how this plays out.

    1