So, It’s Sotomayor

After I read the last pre-announcement news coverage (especially this item in the Times) this morning and thought a bit more about Obama’s proclivities I came to expectation that the pick to replace Souter would be either Judge Sotomayor or Solicitor General Elena Kagan. Frankly, I had guessed and was hoping that it would more likely be Kagan –during her career in academia she gained a reputation for being relatively fair toward those on the right—but Sotomayor was always a decent possibility for fairly obvious reasons.  Although we’re hearing a lot about some foolish things that Sotomayor has said in the past,  it seems a fairly safe bet that her confirmation process will proceed fairly smoothly.  Assuming that no serious ethical issues emerge (and that she doesn’t repeat her “I’m an inherently better judge than a white male could be” line in front of the Senate, which she won’t) there won’t be any serious effort to filibuster her approval.

So, the first Supreme Court Justice placed on the Court by Obama will be a pick that satisfies demands of two very important interest groups in the Democratic coalition, will take Souter’s place as reliable member of the “progressive” block on the Court, and won’t draw as much confirmation fire as a full-throated, no separation-between-law-and policy jurist would have. An entirely predicable but fairly safe political move, just like President Obama likes em.  

WV Man Sues McDonalds For Mental Distress, Etc. After (Supposedly) Finding Part of a Fingernail in His Iced Mocha

And the hits just keep on comin’ . . .

Per this story from the West Virginia Record, a Mr. Jason Lycans of Putnam County is suing McDonalds after he bought an iced mocha and allegedly found “part of a fingernail”  in his drink.  Alas, no other details were given in the story about the  characteristics of the horrific contaminant.

Mr. Lycans, to no one’s surprise, apparently cannot present any proof that he actually contracted any disease from the item. Instead, he asserts that he is entitled to (presumably hefty) compensation for “medical testing”, emotional distress, and the lost ability to enjoy an iced mocha.

Of course, in many ways the real story here is not that someone is willing to bring  lawsuit against a deep-pocketed company (and its franchisees) with flimsy proof  and, even if the incident did actually occur, having suffered no real harm; everybody knows that there are many such greedy dirtbags walking around. The real story is which member of our glorious West Virginia Bar was willing to sign their name to such a suit.  According to the Record,  one Bree Whipp Ogle, Esq. of Atkins Law Offices  is representing the now mocha-less victim.

About Bloody Time

According to the New York Times, Chrysler will file for Chapter 11 bankruptcy reorganization today.  Negotiations with debtholders to restructure the company’s debt have, apparently, fallen through.

Gov. Rick Perry: Treason May Not Be Such a Bad Idea

Texas Gov. Rick Perry (R-TX) claimed today that Texas entered the Union reserving the right to secede if it later chose, and postulated that circumstances might make that advisable in the future.

Specifically, according to the AP he said:

There's a lot of different scenarios. We've got a great union. There's absolutely no reason to dissolve it. But if Washington continues to thumb their nose at the American people, you know, who knows what might come out of that. But Texas is a very unique place, and we're a pretty independent lot to boot.

Now, it seems that Gov. Perry didn’t actually suggest that Texas secede, but maintained that the state has the right to do so.   Accordingly, when I note that our national government has the perfect right to hang traitors,  don’t mistake me for saying that Gov. Perry’s neck should be fitted for a noose just yet.

By the way, this is the second time this month I’ve heard an idiot “Republican” claim that states have the right to secede.  (The first person shall not be named: let’s just say he’s a particularly, uh, strident fellow who I have regular dealings with.)  Thus, on behalf of my Republican, pro-Union ancestors, let us reaffirm: “The Constitution, in all its provisions, looks to an indestructible union, of indestructible states.”

But I Thought Europe Loved Us Again?!

Despite public and private pressure applied by World Beloved President Barack Obama, our erstwhile continental European allies have yet again refused to commit more combat forces to the fight in Afghanistan.  Moreover, this time around even Britain is shirking its responsibilities, sending only a few hundred addition troops after President Obama had asked Gordon Brown to send thousands.

A small voice  pipes up again, wondering if the U.S. couldn't strike a deal with the Islamic terrorist groups to confine their attacks to Europe and leave us alone. Of course we can’t, and even if we could that would certainly not be in our longer-term security interests.  But the voice is there.

Good Show, Gov. Huntsman

Refusing to accede to a popular but pointless and probably unconstitutional exercise of governmental power, Utah Gov. John Huntsman yesterday vetoed a bill to create penalties for retailers who sell video games recommended for adults to minors.

Even the bill’s sponsors conceded  that in its final form the bill was basically worthless policy-wise: in an apparent effort to aid the provision's prospects of withstanding a court challenge the Utah legislature added a loophole allowing retailers to avoid penalties just by covering up or removing the ESRB rating stickers on game cases.  But it seems that proponents still kept pushing the bill because of the standard urge to “send a message,” in this case that violent video games are bad, legal bills from defending the measure in court be dammed.

The pundit class has speculated about Huntsman as a potential contender for the GOP presidential nomination in 2012.  Can’t say I’ve read a great deal about him before this, but this certainly makes a good first impression.

Joseph Albright, R.I.P.

West Virginia Supreme Court of Appeals Justice Joseph Albright has passed away.  Albright had recused himself from the Court’s business since last fall, battling esophageal cancer.  He was 70.

I didn’t agree with his judicial methods on many points, but I heard from various sources that he was a good man and a force for conciliation on the Court, an impression that was supported by the few and brief times that I met the man and heard him talk about the Court’s business. R.I.P.

Obama: Signing Statements Are Wrongful Attempts to Expand the Power of the Presidency (Unless Issued by President Obama)

Remember candidate Obama’s denunciation of President Bush for using signing statements to announce that the executive branch would not abide by certain measures passed by Congress on the grounds that they infringed on his constitutional authority?  Well, today President Obama made a slight, uh, change to that position. An AP story informs us that Obama issued a signing statement today after putting his signature on an omnibus spending bill:

Obama's signing statement said he wouldn't be bound by provisions of the bill in five areas. They involved negotiations with foreign governments, limits on using U.S. troops in U.N. missions, protections for government whistleblowers, a congressional claim of authority over the spending of money already approved by Congress and congressional demands that the administration submit budget requests in certain forms.

A Reminder: Tuesday, It’s On.

Tomorrow, the United States Supreme Court will hear argument in a case I never, not-in-a-million years thought they would take: Caperton v. Blankenship, the judicial recusal case out of West Virginia.  For those not terribly familiar with the case, The Washington Post has a thorough preview here.

Caperton is pressing SCOTUS to rule that the due process clause of the 14th Amendment is violated when a judge who circumstances indicate has a “probability of bias” refuses to recuse himself or herself.  I can’t fathom that the Court will accept that argument at the end of the day-- the implementation problems are just too monumental.  But then, I was shocked that the Court took the case in the first place.

In any event, hopefully tomorrow we’ll get a read from the justices as to whether Caperton has a plausible shot at winning.  I’ll have coverage up of the oral argument as soon as my schedule allows.