(sooh-uh spahn-tay) adj. Latin for "of one's own will." These are my own thoughts on the law and life.
Showing posts with label LiberalConfusion. Show all posts
Showing posts with label LiberalConfusion. Show all posts
Thursday, March 31, 2011
Conservative Multiculturalism
No, it's not an oxymoron. In this article, Eugene Volokh perfectly captures the way our country has benefitted from multiculturalism, and how it's written into the Constitution.
Thursday, December 17, 2009
Never Thought I'd Say This...
...and get ready for Hell to freeze over ... but Keith Olbermann makes an excellent point.
Olbermann continued:
And this sounds awfully rebellious:
Wow, I couldn't have said it any better myself. What a weird feeling to agree with him...
Yes, you read that right. The guy is a raving left-wing loon, but he is right about the senate healthcare bill, specifically the requirement that all Americans purchase government approved insurance. He lays out what it will cost the President:
[T]his bill costs you the [support of the political] left —and anybody who now has to pony up 17 percent of his family’s income to buy this equivalent of Medical Mobster Protection Money.
Olbermann continued:
The mandate in this bill … must be stripped out...It is above all else immoral and a betrayal of the people who elected you….
And this sounds awfully rebellious:
I am one of the self-insured, albeit by choice. And I hereby pledge that I will not buy this perversion of health care reform. Pass this at your peril, Senators, and sign it at yours, Mr. President.
I will not buy this insurance.
Brand me a lawbreaker if you choose.
Fine me if you will.
Jail me if you must.
Wow, I couldn't have said it any better myself. What a weird feeling to agree with him...
Granted his reasons for opposing it are much different than mine, as you can see reading the entire post. He's ticked that it is not fully socialized. But I understand his dislike of the mandate. The enemy of my enemy is my friend? . . . well, maybe not quite yet.
Monday, November 16, 2009
Random Quote:
From a National Review Blog:
This Day in Liberal Judicial Activism—November 12 [Ed Whelan]
1908—In Nashville, Illinois, the human fetus to become known as Harry A. Blackmun emerges safe and sound from his mother’s womb. Some sixty-five years later, Justice Blackmun authors the Supreme Court opinion in Roe v. Wade. (See This Day for Jan. 22, 1973.) Somehow the same people who think it meaningful to criticize Justice Thomas for opposing affirmative-action programs from which he putatively benefited don’t criticize Blackmun for depriving millions of other unborn human beings the same opportunity that he was given.Friday, August 7, 2009
Sensible Healthcare Reform
I've resisted posting on healthcare reform here for 2 reasons:
1. No one wants to read a 10,000 word rant complete with charts and analogies.
2. I can't find the time to write said 10,000 word rant.
So, I leave it to others with greater powers of brevity. Charles Krauthammer has two suggestions that should be tried before any radical restructuring of the current healthcare system. They will genuinely reduce costs and lessen the influence of government in our lives.
I'm a lawyer, and even I agree with that. The inability of malpractice insurance companies to predict what crazy awards juries will give leads to astronomical premiums. In addition, it causes doctors to order unnecessary procedures "just to make sure:"
Krauthammer envisions something like the workers' compensation plan to handle malpractice incidents.
Second, uncouple health insurance from employment and from geography:
Good common-sense things to try which will lower the cost of medical care and reduce both the need for, and the cost of, health insurance.
1. No one wants to read a 10,000 word rant complete with charts and analogies.
2. I can't find the time to write said 10,000 word rant.
So, I leave it to others with greater powers of brevity. Charles Krauthammer has two suggestions that should be tried before any radical restructuring of the current healthcare system. They will genuinely reduce costs and lessen the influence of government in our lives.
(1) Tort reform: As I wrote recently, our crazy system of casino malpractice suits results in massive and random settlements that raise everyone's insurance premiums and creates an epidemic of defensive medicine that does no medical good, yet costs a fortune.
I'm a lawyer, and even I agree with that. The inability of malpractice insurance companies to predict what crazy awards juries will give leads to astronomical premiums. In addition, it causes doctors to order unnecessary procedures "just to make sure:"
An authoritative Massachusetts Medical Society study found that five out of six doctors admitted they order tests, procedures and referrals -- amounting to about 25 percent of the total -- solely as protection from lawsuits. Defensive medicine, estimates the libertarian/conservative Pacific Research Institute, wastes more than $200 billion a year.
Krauthammer envisions something like the workers' compensation plan to handle malpractice incidents.
Abolish the entire medical-malpractice system. Create a new social pool from which people injured in medical errors or accidents can draw. The adjudication would be done by medical experts, not lay juries giving away lottery prizes at the behest of the liquid-tongued John Edwardses who pocket a third of the proceeds.
The pool would be funded by a relatively small tax on all health-insurance premiums. Socialize the risk; cut out the trial lawyers. Would that immunize doctors from carelessness or negligence? No. The penalty would be losing your medical license. There is no more serious deterrent than forfeiting a decade of intensive medical training and the livelihood that comes with it.
Second, uncouple health insurance from employment and from geography:
(2) Real health-insurance reform: Tax employer-provided health care benefits and return the money to the employee with a government check to buy his own medical insurance, just as he buys his own car or home insurance.
There is no logical reason to get health insurance through your employer. This entire system is an accident of World War II wage and price controls. It's economically senseless. It makes people stay in jobs they hate, decreasing labor mobility and therefore overall productivity. And it needlessly increases the anxiety of losing your job by raising the additional specter of going bankrupt through illness. . . . If we additionally eliminated the prohibition on buying personal health insurance across state lines, that would inject new and powerful competition that would lower costs for everyone.
Good common-sense things to try which will lower the cost of medical care and reduce both the need for, and the cost of, health insurance.
Friday, June 20, 2008
Arctic National Wildlife Refuge (ANWR)
(I've been itching to write this post for a while now, and since I'm stuck at work waiting for a massive file copy to finish, here you go).
One of the environmental/no oil crowd's biggest success has been halting oil drilling in ANWR. to justify it they show pictures of the refuge such as this:

Beautiful, who'd want to put a stinky old oil rig there?
And this:
awwww, look at the cute little squirrel, the poor thing must be afraid of the noisy oil well, poor little guy!
What they don't tell you is neither of these pictures is from the area where drilling is proposed. They are from the permanent wilderness area far to the south. No one is suggesting drilling there.
This is where the oil is:
Oh, wait, that's the winter picture, of course it's just a bunch of ice, it's Alaska for crying out loud! I wouldn't want to be accused of falsifying it's true beauty by showing it out of season. Here's the summer view:
Much prettier, no? I hear it often hits 40 degrees in July. Parts of it even grow grass as you'll see. But that's beside the point; it's the wildlife that will really suffer!
The best indication of the horrors that await the caribou and the other wildlife of ANWR can be found by looking at the sad plight of their brethren right down the coast in Prudhoe Bay who are already suffering the effects of the unfettered greed and environmental indifference of Big Oil! BEHOLD THE CARNAGE!!!!
Note the oil drilling operation and pipeline behind all the rotting carcases. . . what? . . . wait a second . . . those caribou aren't dead, they're eating and resting with their young!. . . huh? . . . well I'm sure they're scared of all the development! you'd never see them get any closer than that to an oil rig!
. . . like right on the access road . . . D'oh! Well, caribou aren't the brightest . . . savvy predators, like bears, surely understand the danger posed by the human intruders!
well, OK. . . those are just dumb brown bears. Polar bears would never. . .
. . . ah, but small animals, like birds, would be driven away by the . . .
. . . they may hunt, but they'd never nest near an oil rig . . .
Um . . . Ok. Maybe we should learn from the other Alaska coastal drilling sites and not hyperventilate over ANWR.
One of the environmental/no oil crowd's biggest success has been halting oil drilling in ANWR. to justify it they show pictures of the refuge such as this:

Beautiful, who'd want to put a stinky old oil rig there?
And this:

awwww, look at the cute little squirrel, the poor thing must be afraid of the noisy oil well, poor little guy!
What they don't tell you is neither of these pictures is from the area where drilling is proposed. They are from the permanent wilderness area far to the south. No one is suggesting drilling there.
This is where the oil is:

Oh, wait, that's the winter picture, of course it's just a bunch of ice, it's Alaska for crying out loud! I wouldn't want to be accused of falsifying it's true beauty by showing it out of season. Here's the summer view:

Much prettier, no? I hear it often hits 40 degrees in July. Parts of it even grow grass as you'll see. But that's beside the point; it's the wildlife that will really suffer!
The best indication of the horrors that await the caribou and the other wildlife of ANWR can be found by looking at the sad plight of their brethren right down the coast in Prudhoe Bay who are already suffering the effects of the unfettered greed and environmental indifference of Big Oil! BEHOLD THE CARNAGE!!!!

Note the oil drilling operation and pipeline behind all the rotting carcases. . . what? . . . wait a second . . . those caribou aren't dead, they're eating and resting with their young!. . . huh? . . . well I'm sure they're scared of all the development! you'd never see them get any closer than that to an oil rig!

. . . like right on the access road . . . D'oh! Well, caribou aren't the brightest . . . savvy predators, like bears, surely understand the danger posed by the human intruders!


well, OK. . . those are just dumb brown bears. Polar bears would never. . .

. . . ah, but small animals, like birds, would be driven away by the . . .

. . . they may hunt, but they'd never nest near an oil rig . . .

Um . . . Ok. Maybe we should learn from the other Alaska coastal drilling sites and not hyperventilate over ANWR.
Current Oil and Gas Prices are Self-inflicted Wounds
For several reasons, I always enjoy finding articles that summarize everything I've been thinking on a current issue. First, it confirms what I've always thought - "I'm a smart guy." Second, it saves me the trouble of composing long blog posts - I can just cut, paste and link. Much easier.
so I'm glad I found this post on the real political and historical reasons for the current "energy crisis."
Short version: Congressional dismay about high gas prices is like me blindfolding myself and then complaining when I bump into things a lot.
Long Version:
The real problem, I believe, is that liberals, and environmentalists in particular, want oil to be expensive. Read the words of Sen. Obama when ask his opinion of high oil prices:
so I'm glad I found this post on the real political and historical reasons for the current "energy crisis."
Short version: Congressional dismay about high gas prices is like me blindfolding myself and then complaining when I bump into things a lot.
Long Version:
Americans feeling the pinch at the pump should recognize that the wealthiest nation on the planet has nothing but itself to blame for the third in a series of energy crises that began when Richard Nixon was still in office.
Having largely ignored the previous two shots across the bow — the first coming in 1973 when OPEC decided to ban sales of oil to nations that supported Israel in the Yom Kippur War, and the second in 1979 after the Islamic Revolution in Iran — the U.S. seems determined to repeat the mistakes of the past.
What should make Americans on both sides of the aisle even more ashamed is that before the first energy crisis, the United States produced 11.428 million barrels of oil per day. This represented 66 percent of the 17.308 million barrels we consumed that year.
Compare that to 2007, when America produced 8.481 million barrels per day, or only 41 percent of the 20.7 million barrels consumed. Such is the result of the so-called energy policies of seven White Houses and 17 Congresses controlled by both Democrats and Republicans.
Yet, today’s politicians — mostly on the left side of the aisle, of course — have the gall to place all the blame for rising energy prices on increased demand from expanding economies like China and India.It's not as if we don't have the oil available. According to an April 2006 study done for the Library of Congress:
At least those countries are participating in exploration efforts to expand their own supplies. China’s oil production has almost doubled since 1980, while India’s has grown by an astounding 375 percent. At the same time, U.S. production has declined by 22 percent. . .
Closer to home, our neighbors also ramped up oil production. To the south, Mexico has seen its crude output jump 64 percent since 1980, while Canada’s increased 85 percent.
Did I mention that our production declined by 22 percent in the same period?
Putting this in its proper perspective, if America had responded to the second energy crisis by increasing oil production only at the average rate of our North American neighbors, we’d currently be supplying ourselves with 18.86 million barrels of crude per day, or 91 percent of our usage.
Oil shale is prevalent in the western states of Colorado, Utah, and Wyoming. The resource potential of these shales is estimated to be the equivalent of 1.8 trillion barrels of oil in place. . . . In comparison, Saudi Arabia reportedly holds proved reserves of 267 billion barrels.That doesn't include ANWR, and it doesn't include offshore drilling.
The real problem, I believe, is that liberals, and environmentalists in particular, want oil to be expensive. Read the words of Sen. Obama when ask his opinion of high oil prices:
I think that I would have preferred a gradual adjustment. The fact that this is such a shock to American pocketbooks is not a good thing. But if we take some steps right now to help people make the adjustment, first of all by putting more money in their pockets, but also by encouraging the market to adapt to these new circumstances more rapidly, particularly U.S. automakers.I think most people fail to see the need for an adjustment at all. the article points out that Democrats don't have this attitude about other scarce "resources."
Why has one political party for nearly four decades viewed energy crises through the narrow prism of learning to adjust to higher prices and declining resources, as opposed to aggressively finding and producing more of what the country and the economy needs?
Such questions seem particularly relevant given how this same party views hunger in our nation and throughout the world. The answer isn’t for those that have less to make an adjustment and adapt to their impoverished condition. 'Adjust to having less' is certainly not the Left’s prescription for Americans lacking health insurance.Democrats want government to increase the supply of food and medical care to those deemed financially incapable of providing for themselves.
Why doesn’t the same hold true for energy?
Thursday, May 22, 2008
European 'Human' Rights
A British woman is trying to convince an Austrian court to declare a chimpanzee a 'person' so that she can adopt him and be appointed his guardian. Read the whole story here.
But later she seems a bit fuzzy on the difference.
The sad thing is that the court will probably take the case, and probably rule for the chimp. After all, this is the same court that doesn't recognize that an unborn child is a person. In fact this very court awarded damages to a Polish woman who's "human rights" were violated when she was denied a 'therapeutic' abortion.
Europe's idea of 'human rights' is, I fear, irretrievably lost.
36-year-old Miss [Paula] Stibbe and the Vienna-based Association Against Animal Factories have filed an appeal with the European Court of Human Rights in Strasbourg.A person, not a human? I, being a lawyer, know there is a difference, but legal persons who are not human are usually organizations or companies. Maybe the chimp should just incorporate in Nevada. I know a guy on the radio who will do it for just $499.
She insists that the chimp [Matthew] needs legal standing so a guardian can be appointed to look out for his interests - especially if the sanctuary shuts down.
Miss Stibbe, who is from Brighton but has lived in Vienna for several years, says she is not trying to get the chimp declared a human, just a person.
But later she seems a bit fuzzy on the difference.
'Everybody who knows him personally will see him as a person,' she said.He was 'abducted?' She's trying to 'avoid his deportation?' As to his close relatives, isn't science always harping on how close we are to chimpanzees, genetically?
'In his home in the African jungle, he would have been well able to look after himself without a guardian.
But since he was abducted into an alien environment, traumatised and locked up in an enclosure, it did become necessary for me to act on his behalf to secure the donation money for him and to avoid his deportation.
'Since he has no close relatives, I am doing this as the person closest to him.'
The sad thing is that the court will probably take the case, and probably rule for the chimp. After all, this is the same court that doesn't recognize that an unborn child is a person. In fact this very court awarded damages to a Polish woman who's "human rights" were violated when she was denied a 'therapeutic' abortion.
Europe's idea of 'human rights' is, I fear, irretrievably lost.
Thursday, April 24, 2008
Unity, Dissent and Patriotism
I am currently reading Liberal Fascism by Jonah Goldberg who is one of my favorite columnists. His articles alone are worth the cost of my National Review subscription.
In the latest issue, Goldberg writes about Barrack Obama and his call for "unity." He relates it to the general liberal failure to understand patriotism. Liberals think patriotic conservatives are fascists, but united liberals are patriotic. Unfortunately, the whole article is only available to subscribers. Some highlights:
In the latest issue, Goldberg writes about Barrack Obama and his call for "unity." He relates it to the general liberal failure to understand patriotism. Liberals think patriotic conservatives are fascists, but united liberals are patriotic. Unfortunately, the whole article is only available to subscribers. Some highlights:
When John McCain released an ad calling himself the “American president Americans have been waiting for,” one could hear outraged caterwauling from the Democratic jungle: What’s John McCain trying to say? We’re un-American? Who’s he calling unpatriotic? Fred Barnes, writing in The Weekly Standard, calls this anticipatory offense “patriotism paranoia.” Indeed, there does seem to be psychological insecurity on display. If I say to a male friend, “Those are nice shoes,” and he responds with “How dare you call me gay!” it’s fair to say he’s the guy with the issues. . .
Part of the problem is that many on the left think patriotism is essentially fascist, another name for nationalism and jingoism. And some may use it that way — but some may also call a duck a “cat,” which doesn’t mean we should all be hostage to this usage. The misuse of “patriotism” and “dissent” is worse, because a country without a word to describe its love for what is best within it is a country ill-equipped to defend what is best within it. . .
Barack Obama and other Democrats use the word “unity” as a substitute for something like “patriotism.” They consider “questioning the patriotism” of Democrats — even when it’s not actually being questioned — beyond the pale and “divisive.”But, unity itself is inherently neither good nor bad.
Unity by itself has no moral worth whatsoever. The only value of unity is strength, strength in numbers — and, again, that is a fascist value. That’s the symbolism of the fasces, the bundle of sticks that in combination are invincible. Rape gangs and lynch mobs? Unified. The mafia? Unified. The SS? They had unity coming out the yinyang. Meanwhile, Socrates, Jesus, Thomas More, and an endless line of nameless souls were dispatched from this earth in the name of unity.Our government is set up specifically to discourage too much unity. Unfettered unity is really just the tyranny of the majority:
The founding fathers dedicated a great deal of thought to the subject of unity, and they found it was something to view with skepticism at best and, more often than not, with fear. Hence we have a constitution designed to thwart the baser forms of unity. Our government is set up so that the Senate cools the populist passion of the House, the executive thwarts the passions of the legislature and vice versa, and the Supreme Court checks the whole lot, to which its composition is in turn ultimately subject. “Divisiveness” — the setting of faction against faction, one branch of government against another, and the sovereignty of the individual above the group — was for the founders the great guarantor of our liberties and the source of civic virtue.Liberals also confuse dissent and patriotism. Like unity, dissent is by itself is neither good nor bad.
Or consider this supposedly brilliant bumper-sticker insight: “Dissent is the highest form of patriotism.” Mark Steyn has had great fun with that line, pointing out that Thomas Jefferson — usually credited as its author — never said anything of the sort. Steyn traces the fakery back to a 1991 quote from Nadine Strossen, the head of the ACLU, an organization with a vested interest in putting the founders’ imprimatur on relentless knee-jerk complaining. . .
It is worth pointing out that if Jefferson had in fact said something like that, he would have been what social scientists call a moron. As John O’Sullivan once noted, tongue firmly in cheek, “Dissent is the highest form of patriotism. Treason is the highest form of dissent. Therefore treason is the highest form of patriotism.” Yet when you listen to the verbal contortions many on the left go through to defend the New York Times’s efforts to reveal national-security secrets, or to journalists who think expressing open sympathy for America in the international arena is a grave sin, or simply to the usual battiness of countless America-haters, you can appreciate the wisdom of the Italian proverb that the truest things are said in jest.Equating dissent and patriotism is an egregious example of moral equivocation:
Now it must be said that no conservative standing upon the shoulders of Burke, Nock, Buckley, Hayek, Goldwater, and Reagan would for a moment dispute the suggestion that dissent for the right reason can be one high form of patriotism. But it depends on the reason. The dissenter-for-dissent’s-sake is among the most common species of pest in the human ecosystem. The reflexive contrarian who cares not what he is contradicting is quite simply the most useless of citizens.Liberals try to end debate by calling for unity and labeling principled objection as cynical and divisive:
When confronted with the assertion that the Soviet Union and the United States were moral equivalents, William F. Buckley Jr. famously responded that if one man pushes an old lady into an oncoming bus and another man pushes an old lady out of the way of a bus, we should not denounce them both as men who push old ladies around. Likewise, we should not say that the man who dissents from a church-burning mob and the man who dissents from a fire brigade are morally equivalent “dissenters.”
Rightly ordered unity in a democratic republic is the end result of ceaseless debate and discussion. But today, ceaseless debate and discussion is precisely what many liberals object to. As Al Gore is fond of saying about global warming, “The time for debate is over.” Legions of liberals insist that we must move beyond ideology and partisan differences on this, that, and the other. But have you ever heard anyone say that we need to “move beyond ideology” for the sake of bipartisan unity and then abandon his own position? Of course not. When someone says that we need to get past labels and move beyond ideology, what he means is that you need to drop your principled objections and get with the program.So, what is patriotism really? I like the description above. It is the word we used to describe our love for what is best within our country.
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