Mojo. The June 2003 issue of MOJO magazine has a nice CD included -- titled Instant Garage, the 28-track disc includes tracks by The Kinks, the Ramones, the Electric Prunes, and a lot of minor bands that might otherwise get overlooked.

tracklist:

mc5 – kick out the jams
electric prunes – i had too much to dream last night
sonics – psycho
new york dolls – personality crisis
ready men – shortnin’ bread
the bush – to die alone
jonathan richman and the modern lovers – she cracked
the express – wastin’ my time
gil bateman – daddy walked in darkness
love – 7 and 7 is
rocky & the riddlers – flash & crash
she – outta reach
ramones – i wanna be your boyfriend (demo)
kinks – milk cow blues
little john & the monks – black winds
alarm clocks – no reason to complain
count five – psychotic reaction
artesians – trick bag
dean carter – jailhouse rock
iguanas – again and again
the nazz – open my eyes
wailers – dirty robber
paul revere and the raiders – just like me
bunker hill – the girl can’t dance
the brave new world – train kept a rollin’
amboy dukes – baby please don’t go
the rats – rat’s revenge part 2
mouse and the traps – sometimes you just can’t win

A Tale of Two Cases. Most of you are familiar with the facts of the first case, as recounted by Justice Kennedy:

. . . officers of the Harris County Police Department were dispatched to a private residence in response to a reported weapons disturbance. They entered an apartment where one of the petitioners, John Geddes Lawrence, resided. . . The officers observed Lawrence and another man, Tyron Garner, engaging in a sexual act. The two petitioners were arrested, held in custody over night, and charged and convicted before a Justice of the Peace.

The relevant statute, Tex. Pen. Code Ann. § 21.06, declares that an offense is a Class C misdemeanor under Texas law, subject to a fine of up to $500. Lawrence and Garner were each assessed $200 fines.

The facts of the second case, as described by Justice Souter:

In March 1997, Petitioner Gail Atwater was driving her pickup truck in Lago Vista, Texas, with her 3-year-old son and 5-year-old daughter in the front seat. None of them was wearing a seatbelt. Respondent Bart Turek, a Lago Vista police officer at the time, observed the seatbelt violations and pulled Atwater over. According to Atwater’s complaint (the allegations of which we assume to be true for present purposes), Turek approached the truck and “yell[ed]” something to the effect of “[w]e’ve met before” and “[y]ou’re going to jail.” He then called for backup and asked to see Atwater’s driver’s license and insurance documentation, which state law required her to carry. Tex. Tran. Code Ann. §§521.025, 601.053 (1999). When Atwater told Turek that she did not have the papers because her purse had been stolen the day before, Turek said that he had “heard that story two-hundred times.”

Atwater asked to take her “frightened, upset, and crying” children to a friend’s house nearby, but Turek told her, “[y]ou’re not going anywhere.” As it turned out, Atwater’s friend learned what was going on and soon arrived to take charge of the children. Turek then handcuffed Atwater, placed her in his squad car, and drove her to the local police station, where booking officers had her remove her shoes, jewelry, and eyeglasses, and empty her pockets. Officers took Atwater’s “mug shot” and placed her, alone, in a jail cell for about one hour, after which she was taken before a magistrate and released on $310 bond.

Atwater was charged with driving without her seatbelt fastened, failing to secure her children in seatbelts, driving without a license, and failing to provide proof of insurance. She ultimately pleaded no contest to the misdemeanor seatbelt offenses and paid a $50 fine; the other charges were dismissed.

[some citations omitted.] The original offense, driving without a fastened seat belt, is governed by Tex. Tran. Code Ann. §545.413 which provides a punishment of "a fine of not less than $25 or more than $50."

Disclaimer: Before I go on I believe I should add the requisite disclaimer that these laws are "uncommonly silly.”

So how did the Supreme Court view these cases? In the sodomy case, the Court found the Texas law an improper moral code that burdened a fundamental freedom. In the seat belt case, the Court found tossing a mother in jail for failing to fasten her seat belt was constitutional.

The Judges who voted with the majority in both cases: Kennedy and Souter.

Query: What if Texas were to pass a law requiring safe sex? I.e., no sodomy without condoms?

Myth of the Conservative Court. For most of my life I've heard the Supreme Court labeled "conservative" or even "right-wing." After the term just concluded we heard Kimberle Crenshaw of UCLA on PBS discussing "broad themes that really sound very much like a Warren Court coming out of a very conservative court's mouth." Last Sunday saw NY Times doyenne Linda Greenhouse write: "Will the Court Move Right? It Already Has." Charles Lane, writing in the WaPo describes "an increasingly conservative court."

This is a myth and no matter how much the mantra is uttered, it remains a myth.

For those who have a shred of integrity, there is the beginning of a breakdown of the myth. Dahlia Lithwick describes this past week as "a shockingly progressive set of decisions from a supposedly conservative court." To which former Clinton solicitor general Walter Dellinger agrees:

But the number of progressive results is close to stunning.

The method of funding of Legal Services for the poor by "taking" the interest on lawyers trust accounts is upheld against a property rights challenge.

The Family Medical Leave Act is upheld as applied to the states, in spite of strong case law on state sovereignty.

Justice Powell's lone opinion in Bakke sustaining the use of race for diversity becomes the opinion of the court.

A capital case is overturned because of ineffective assistance of counsel.

The retroactive extension of the time for bringing sex abuse charges is held unconstitutional.

Bowers v. Hardwick is overruled.

In fact, this Court is a liberal court.

Consider: the twin big rulings of the past term: upholding state sponsored racial discrimination and discovering right to homosexual activity.

In the prior term the Court ruled for pornographers striking down the Child Pornography Prevention Act of 1996. It further ruled that executions of mentally retarded criminals are "cruel and unusual punishments" prohibited by the Eighth Amendment. (This is as good a point as any to add that I don't necessarily disagree with the court on these rulings -- my point is that this is a "conservative court" is a myth.)

In the 2000-2001 term the Court ruled the ADA required the PGA to provide Casey Martin a golf cart, allowed the jailing of people for failing to wear a seat belt, and did something involving Al Gore.

In the 1999-2000 term, the Court struck down a state law prohibiting partial birth abortion, banned student led prayers before football games, and reaffirmed the Miranda decision (it should be remembered that Miranda was a 5-4 decision of the Warren court, this was 7-2, with Rehnquist writing the opinion).

In prior terms, the Court struck down the Line-Item Veto, held that school districts can be liable under Federal law for offenses by students, and struck down a state initiative effectively granting special gay rights in Colorado.

In fact, this is a liberal court with a few bones tossed to the right.

By the Time I Get to Phoenix . It's a little after midnight here in Phoenix and I've gotta whine again -- I'm really getting tired of traveling. On this trip at least we're staying in a very plush resort -- as you can imagine the resorts are empty in June in Phoenix. My room is on the ground floor about 40 yards from a 25 meter swimming pool, so I get up and swim first thing in the morning.

I've really missed access to the internet. My work provider is down (or off or something). I hadn't put my home ISP software on my laptop, so I was flat out of luck. What I've really missed is being able to read Supreme Court opinions -- I can't get over how much the 'net access to these opinions has changed my life -- ten years ago I would be down at the Court to get slip opinions to read -- that was the only way until we got the paperback opinions in the library 2 to 3 weeks later (I didn't have Lexis or Westlaw access either). Since it's the end of term I have been motivated to go out and get some of that free trial software to install so I could read these things. Well, it's been a busy week as well. More later.

Hiatus. I believe I will be taking a hiatus from blogging through the period of Lent.

My Turn. Five minutes ago, my daughter handed me the book -- she's done reading it in less than 24 hours. I couldn't tell how much she liked it -- I know she doesn't want to spoil it for me. She may post a review here later.

Harry. We just got back from picking up Harry Potter and the Order of the Phoenix.

Half the church was at the Borders we were at. In fact one parent who indicated disapproval with the whole thing was dismayed to find it so popular. We got to the store about 8:30 and my daughter and her friends had a great time (from what I could tell). After awhile I couldn't locate them but finally found them all planted right in the middle of the occult section playing cards. They said they figured that kept people from browsing through those books and if anyone did, they made derisive comments.

Okay, so a passive-aggressive streak runs in my family -- I'm pleased with her.

Time to Stand Up. The June Virginia Communique is out with a message from our Bishop, Peter Lee, that sets forth some of the concerns with respect to the New Hampshire situation, yet fails to set forth a position. I have tremendous respect for Bishop Lee, although I frequently disagree with him. He is an attorney and was Phi Betta Kappa -- in short, he has a keen intellect.

In his message, he lays out the basic facts but does not indicate how he will stand. Please pray for Bishop Lee to stand faithful.

Astounding! I'm not planning on reading Hill's novel -- yet, this note on a very revealing admission caught my eye. If anything, Prof. John O. McGinnis is too kind to Hillary -- I can not believe she ever contemplated this.

Books. I just finished reading Josephine Tey's The Daughter of Time based on a recommendation from a friend. Next up will probably be Royal Blood: Richard III and the Mystery of the Princes by Bertram Fields (on the same subject). I'm also listening to The Devil in the White City: Murder, Magic, and Madness at the Fair That Changed America by Erik Larson with the audio book Holes by Louis Sachar on deck.

Friday night, I'll be taking my daughter and her friends from church to Borders so they can pick up Harry Potter and the Order of the Phoenix. I'm on the library's wait list for that one, although at nearly 900 pages (over 255,000 words), I don't know when I'll find the time. (I'm also on the wait list for the audio recording). The publishers have released a great teaser:

Dumbledore lowered his hands and surveyed Harry through his half-moon glasses. 'It is time,' he said 'for me to tell you what I should have told you five years ago, Harry. Please sit down. I am going to tell you everything.'

One last thing, before I forget -- if you haven't stopped by the Brothers Judd web site for their reviews and treasure trove of related links, you really are missing a treat. I stop by after nearly every book I finish to check on their thoughts -- it's amazing how much they've covered.

Unfinished Business, Bishops, Books, etc.. Helena, MT - (I love this dateline thing) I've got a great deal of unfinished business. This is almost a note to myself. I want to talk about my niece's confirmation, which happened last Sunday. The election for Bishop in NH happened last weekend and I have some thoughts about that. In the meantime, here are a couple of stories: Dancing in the aisles and lover's kiss greet election of gay bishop and Bishops criticize election of gay man. The following is from the statement from the Bishops of South Carolina:

The Anglican Communion now faces one of its greatest crises ever over the question of whether or not same sex relationships are sinful or to be blessed by the church. Earlier today, on the second ballot, the diocese of New Hampshire elected the Rev. Canon Gene Robinson to be their next bishop. To his credit, Canon Robinson made no secret of his involvement in a relationship with his same sex partner, whom he named but didn't make a focus of the election process.

This election causes us the gravest possible concern, for if the church ratifies it, we would clearly be approving of the relationship in which Gene Robinson is involved. This is not about a person or a diocesan election process; it is about a radical change in church doctrine.

The union in which Canon Robinson participates is not Holy Matrimony but an intimate relationship outside the bounds of marriage. This would be true whether he were cohabiting with a man or with a woman. For the church implicitly to sanction such a partnership will be a clear repudiation of the teaching of Holy Scripture and the tradition of the church; it also would signify a massive overhaul of the Christian theology of marriage by the Episcopal Church. It would in addition be against the expressed will of the Anglican primates at the recently concluded meeting in Brazil, as well as the two documents commended by the primates, "True Union in the Body", and the Episcopal Church's House of Bishops' Theology Committee report. Finally, it would be against a whole host of General Convention resolutions on this subject dating back several decades.

We keep hearing about doing justice in the Episcopal Church; we think it is important to stop and consider what this means. The currently unchanged official position of the Episcopal Church is that the only proper context for the expression of sexual intimacy is between a man and a woman who are married to each other. For the last two decades, there has been a debate about whether or not to alter this teaching, a conversation which has been so challenging and difficult precisely because to move to bless same sex partnerships would represent such a breathtaking departure from all previous Christian teaching.

* * *

If Gene Robinson's election is confirmed by General Convention, it would bring through the back door a practice that the Episcopal Church has never agreed to approve through the front door. How can this be considered doing justice? We do NOT have a theology for same sex relationships, and to agree to the Robinson election would be tacitly to sanction relationships still searching for a theology. We do not believe such a theology is possible without doing violence to Holy Scripture. . . .

This really hits the nail on the head.

It's my own belief after having read the biographies and statements of the candidates that in most respects Robinson was the most moderate and temperate of the candidates. Nevertheless, he is living in open defiance of the Doctrine and Discipline of the Episcopal Church and the Anglican Communion. It would've been better to not fill this vacancy.

Still more unfinished business: I realize I've failed to update my current reading. I'll try and get to this next week.

Six Pack. What a game -- six pitchers combine for a no-hitter against the mighty Yankees. This is the first time the Yankees have been no-hit in my lifetime!

Naturally, this take me back to my childhood when Blue (5), Abbott (1), Lindblad (1), and Fingers (2) combined to no-no the Angels.

[We won't talk about Ted Lilly tonight]

More -- good article on no hitters here.

Best Ever. ESPN writer Rob Neyer has put together the all-time ball team for each team -- looking these over I've got to say that I am actually in general agreement with his choices. It's important to note, however, that the all-time team just features those players who played with the team in the current city -- not all the players that ever played with the franchise (which is why you won't find Walter Johnson on any team).

Here's Neyer's A's all-time team (err, from Oakland):

C Terry Steinbach 1986-1996.
1B Mark McGwire 1987-1997.
2B Dick Green 1963-1974.
SS Miguel Tejada 1997-2002.
3B Sal Bando 1966-1976.
LF Rickey Henderson 1979-1984; 1989-1993; 1994-1995; 1998.
CF Dwayne Murphy 1978-1987.
RF Reggie Jackson 1967-1975; 1987.
SP1 Catfish Hunter 1965-1974.
SP2 Vida Blue 1969-1977.
SP3 Dave Stewart 1986-1992; 1995.
SP4 Bob Welch 1988-1994.
RP Dennis Eckersley 1988-1995.

My only disagreement with this list would probably be shortstop -- Bert "Campy" Campaneris. I might also go with Antonio Rafael Armas Machado in right -- if looking at the position from the defensive standpoint. (SI named that trio -- Armas, Murphy, and Henderson -- the greatest defensive outfield ever).
Last, maybe Tony Phillips instead of Dick Green at 2nd (which also highlights the fact that this is an Oakland only list -- I'm sure the all-time A's team would have Nap Lajoie at 2nd).

Nolan Ryan makes three different teams lists -- and arguably should've made the Mets (over Leiter). [But see, Mark Byron's comments. He's made me take a closer look and I have to agree.] Don Baylor makes two as DH -- not a real position, right? (I mean if you were to choose someone from the Yanks roster to be DH, wouldn't you chose Joltin' Joe, since Neyer put Mick in CF?) And why not the Babe on the Red Sox all-time pitchers list?

[Where's Dave Kingman?] [That is a joke.]

Never Forget. Unfortunately, the 20th Century gave us far to many things to "never forget." One of these was the extermination of the Czech village Lidice. Here is the story. On June 10, 1942, the Nazis wiped out the entire village in reprisal for the killing of Reinhard Heydrich.

Travelogue, Pt. 1. Salt Lake City - I guess I'm getting the dateline, a la Rick Bragg. This wasn't one of the cities that I was supposed to be visiting -- just passing through, but with airline problems I'm at the Airport Marriott. In the meantime, I wanted to make an account of the places I've been to so far this year -- it has been a busy one.

I've spent a lot of time in eastern Ohio: Akron, Canton, Kent, Cleveland and Lorain. I will stay that I was really surprised at how much I liked Cleveland -- none of that "mistake by the lake" talk around me. I'm already forgetting where else I've been -- St. Paul, MN, as well as Prior Lake and Mankato. Kokomo and Indianapolis in Indiana and Chicago (where we celbrated Mother's Day at Lou Malnati's. I think that's it -- if I remember anyplace else, I'll add it. This is just the first five months -- I'll do a part 2 later.

The Lamb by William Blake

Little Lamb, who made thee?
Dost thou know who made thee?
Gave thee life, and bid thee feed
By the stream and o'er the mead;
Gave thee clothing of delight,
Softest clothing, woolly, bright;
Gave thee such a tender voice,
Making all the vales rejoice?
Little Lamb, who made thee?
Dost thou know who made thee?

Little Lamb, I'll tell thee,
Little Lamb, I'll tell thee:
He is called by thy name,
For he calls himself a Lamb.
He is meek, and he is mild;
He became a little child.
I a child, and thou a lamb.
We are called by his name.
Little Lamb, God bless thee!
Little Lamb, God bless thee!

Mad Bomber Caught? Interesting development -- my daughter and I had just left the Olympic Square and were at the subway station when the bomb went off -- we were fine but it was nerve-racking for my wife watching on TV waiting for us to get home. I want to see the proof on this. I hope they got the right guy.

Dear Diary. Two quick notes: (1) Last night Debbie and I helped our oldest daughter and her friends plant lawn flamingos at a neighbor boy's house. (2) Spent most of the day yesterday fixing the book shelves that inexplicably fell off the wall -- still not sure how that happened.

Don't Censor Me. It's late spring and time for the censors to arise again -- you know Barry Lynn and the thugs at the ACLU. Today it's the government telling a senior she has to delete "God" from her graduation solo.

I'm an old geezer, so let me go with an old song (1994) -- I wouldn't do hers, I'd do one from Audio A:

You can take God out of my school
you can make me listen to you
You can take God out of the pledge
but you can't take God out of my head
Listen to me closely, lend me your ear
the substance of my statemnet lets you know I'm sincere
Government officials, shapers of the land
I've to to tell you something you need to understand

You can't take God away from me
you can take my life, my land, my liberty
Lock me up, I'll still be free
'cause you can't take God from me

You can take God out of the law
you can make me listen to ya'll
You can take God out of the start
but you can't take God out of my heart

Listen to me closely, lend me your ear
the substance of my statemnet lets you know I'm sincere
Government officials, shapers of the land
I've to to tell you something you need to understand

You can't take God away from me
you can take my life, my land, my liberty
Lock me up, I'll still be free
'cause you can't take God from me

You can't take God, you can't take God away
You can't take God, you can't take God away
You can't take God, you can't take God away
You can't take God, you can't take God away

You can't take God away from me
you can take my life, my land, my liberty
Lock me up, I'll still be free
'cause you can't take God from me

Chortle. It's not nice, but it is funny to think if Kyoto Protocol passes, Enron lives and prospers. By opposing Kyoto, Bush dooms Enron. Story here.