All posts by Dr. ESP

You Break It, You Onan It

Comic Relief

But for the times in which we live, the following lede would have appeared in The Onion rather than the Arizona Republic.

The Arizona Supreme Court on Tuesday upheld a 160-year-old law that bans abortions and punishes doctors who provide them, saying the ban that existed before Arizona became a state can be enforced going forward.

Therefore, based on this new high bar for fictional satire, I have decided to propagate my own spin-off of The Onion.  I call it The Scallion, a smaller, less pungent satirical platform.  Below is a brief summary of the main story on the front page of the inaugural edition.

Arizona Supreme Court Bans More Privacy Rights.

On Friday, the Arizona Supreme Court upheld a 5,645-year-old law requiring men to sleep with their widowed sisters-in-law.  According to archivists at the Creation Museum in Boone County, Kentucky, God enacted the law to repopulate the human species which had been decimated by dinosaur attacks.  During oral arguments, Zavapai County Attorney Dennis McGrane, who successfully represented those in favor of the 1864 statute banning abortions, also represented plaintiffs who claimed that “spilling one’s seed” should be left up to the states.  The court ruled that without repeal of Genesis 38:8-10, the violation of oneself remained in effect including punishment specified in Verse 38:10.  “And the thing which he did displeased the Lord; therefore He slew him also.”

The justices rejected Onan’s two defense arguments. First, Arizona Attorney General Kris Mayes likened Onan’s refusal to impregnate his widowed sister-in-law to conscientious objection to war.  She reminded the justices Onan’s decision was based on his personal belief the practice of “levirate marriage,” in which the brother of a deceased man is obliged to marry his brother’s widow, was dishonest by pretending his seed was that of his brother, which it clearly was not.  Second, Onan felt that no one had the right to invade one’s privacy when it came to his sexual behavior.  Mayes added, “Just because Santa Claus knows when you are sleeping and knows when you’re awake, that does not give him the right to judge the actions of TWO NON-CONSENTING adults.”

Arizona Chief Justice Robert Brutinel, in a unanimous decision, left no room for ambiguity.  “In the 1864 statute case, we made it clear abortions are illegal in our state.  Based on the current case, even thinking about having sex and not completing the act as God intended, is not only illegal, it is a mortal sin punishable by death.”

In Tallahassee, Florida, State Supreme Court chief justice Carlos G. Muñiz bemoaned the fact he did not think of this first.  “I would hate to see Florida lose its reputation as the epicenter of radical legal nonsense.”

For what it’s worth.
Dr. ESP

Not the First Time

Sports

This is not the first time the MAGA Party (and its predecessor the GOP) tried to overturn women’s rights to equal protection under the law.  And if you wonder why this post is listed under “sports” instead of “politics” or “culture,” that is because the focus of this entry has nothing to do with Roe v. Wade, the Dobbs decision or the draconian efforts by MAGA-dominated legislatures to “punish” women who dare to want control over their own health care.

Today’s topic is Title IX of the Civil Rights Act.  Based on the Fourteenth Amendment principle of equal treatment under the law ratified four years AFTER the Arizona ban on abortion (sorry, I could not miss that opportunity), Congress passed and President Richard Nixon signed the bill which amended the Civil Rights Act of 1964 by adding Title IX which reads:

No person in the United States shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

There was just one problem.  At a time when the Supreme Court actually read the text of the Constitution or of laws, the justices rightfully focused on the word “program,”   In 1984, the Court ruled in the case of Grove City College v. Bell that “program” must be taken literally.  In other words, alleged discrimination under the act only applied when someone was denied access to the specific program or activity to which federal funding or subsidies applied.  Therefore, athletic programs, which seldom received federal funding (as was a school lunch program), were not subject to Title IX, even if that was more limited than Congress intended.

To remedy the situation, Senate Edward Kennedy introduced Senate Bill 557, the Civil Rights Restoration Act of 1987, adding that Title IX and all other parts of the Civil Rights Act applied when federal funds were accepted for programs that were “any part” of an institution’s operations.  For example, Title IX would apply to athletic programs regardless whether federal funds were dedicated to that specific program or activity. The bill passed in the Senate on January 28, 1988 by a vote of 75-14.  Likewise, it passed in the House of Representatives on March 2, 1988 by a vote of 315-98.  On March 16, President Reagan vetoed SB 557, despite a warning from then House Speaker Jim Wright a veto would be “ill advised.”  In his veto message to Congress, Reagan restated the paradox that today still haunts the MAGA party.

The Congress should enact legislation designed to eliminate invidious discrimination and to ensure equality of opportunity for all Americans while preserving their basic freedoms from governmental interference and control. Regrettably, the bill presented to me fails to achieve that objective.

In other words, people are entitled to basic freedoms as long as there are no mechanisms to enforce them.

Fortunately, enough Senate Republicans joined with Democrats to override the veto by a vote of 73-24 despite then Senate Minority Leader Mitch McConnell’s warning:

S. 557, the so-called Civil Rights Restoration Act, would take away people’s civil rights to be left alone by the Government, to worship as they see fit, and to pursue their livelihood without having to file forms in triplicate with a giant, impersonal bureaucracy every step of the way. Overall, this bill promises less freedom and more government in every corner of America.

The same day the House followed suit and overrode Reagan’s veto by a vote of 292-133.  Note, however, that in both chambers some Republicans who had voted “yea” for the original bill switched their vote in support of the veto (10 in the Senate and 35 in the House).  Sound familiar?  A precursor of MAGA flip flops on the border security bill.  “I am for it until the head of our party tells us to kill it.”

Believe it or not, I am not sharing this detailed account of a political debate from four decades ago just to prove that MAGA hypocrisy about small government is nothing new.  My real objective is to demonstrate to the growing number of Americans who believe that a party’s policy positions do not matter that they, in fact, matter a lot.

Last week, the ESPN broadcast of the women’s NCAA basketball championship game drew an audience of 18.867 million viewers.  In contrast, the men’s broadcast, which was simulcast on three cable networks, pulled 14.823 million viewers.  But for Title IX and the 1988 amendments, the prospect for women’s basketball to have outpaced its men’s counterpart would be unimaginable.  Likewise, the quality of talent on the LPGA tour would be diminished without the opportunities for young girls to compete in golf during high school and college.  Not to mention the success of the USA women’s soccer team in World Cup and Olympic competition (17 of the 18 members of 2021 Olympic champion USA squad played collegiate soccer).

So, this year, when Donald Trump, MAGA members of Congress or their surrogates talk about government overreach, they may pretend they are protecting your freedom.  When, in fact, they are doing just the opposite, reducing your opportunities and choices.

POSTSCRIPT: @NotMe Era

There was an uncomfortable moment at the end of the South Carolina-Iowa women’s NCAA final that had nothing to do with the score or the officiating.  Once the final outcome was no longer in doubt, both coaches called timeouts to pull their stars off the court to standing ovations.  As they walked down the line of coaches and teammates, there were hugs for every female.  Yet when they came to a male assistant coach, they kept their distance.  I wondered if this was a precaution precipitated by the inappropriate actions of the head of the Spanish soccer federation Luis Rubiales, who kissed a member of his country’s World Cup team on the lips.  If so, it is a sad commentary how the “rules of engagement” have changed in response to unacceptable behavior by celebrities, coaches or a former president of the United States who believe “when you’re famous, you can do whatever you want.”

For what it’s worth.
Dr. ESP

The Other Split Screen

Religion

Much is being made about the difference in Easter messaging from President Joe Biden and presumptive MAGA nominee* Donald Trump.  The official statement from the White House reads as follows.

Jill and I send our warmest wishes to Christians around the world celebrating Easter Sunday. Easter reminds us of the power of hope and the promise of Christ’s Resurrection.

As we gather with loved ones, we remember Jesus’ sacrifice. We pray for one another and cherish the blessing of the dawn of new possibilities. And with wars and conflict taking a toll on innocent lives around the world, we renew our commitment to work for peace, security, and dignity for all people.

From our family to yours, happy Easter and may God bless you.

Biden added a more personal statement on Twitter.

To all those gathering in churches and homes around the world today: Happy Easter.

May God bless and keep you.

Trump chose this occasion to post 77 screeds on his grossly overvalued Truth Social.  Rather than s message of renewal it focused on retribution.  He began with Wisconsin representative Mike Gallagher, who announced his retirement last month after being hounded by colleagues for not endorsing the impeachment of Homeland Security secretary  Alejandro Mayorkas, despite the lack of evidence either a high crime or misdemeanor.  Trump wrote, “Never forget our cowards and weaklings!  Such a disgrace.”

He then went after his laundry list of “enemies” including Jack Smith, Fani Willis and Alvin Bragg.

HAPPY EASTER TO ALL, INCLUDING CROOKED AND CORRUPT PROSECUTORS AND JUDGES THAT ARE DOING EVERYTHING POSSIBLE TO INTERFERE WITH THE PRESIDENTIAL ELECTION OF 2024, AND PUT ME IN PRISON, INCLUDING THOSE MANY PEOPLE THAT I COMPLETELY & TOTALLY DESPISE BECAUSE THEY WANT TO DESTROY AMERICA, A NOW FAILING NATION.

However, as Arlo Guthrie would say, “That not what I came here to talk about.”  The split screen I referred to in the title involves the difference in Easter messages from Joe Biden’s and that of my congressman Aaron Bean, who sent the following email to ALL his constituents.

As we enter this Easter season, families across the nation will soon gather in their homes, churches, and places of worship to remember the crucifixion and celebrate the resurrection of our Lord and Savior, Jesus Christ.
 
From the very beginning, God so loved us that He planned and prepared a place for us to receive everything that we need for life now and eternally. We see God’s great love for us displayed on the Cross and His power demonstrated through an empty tomb.
 
In Isaiah 60:2, the prophet records, “For behold, the darkness shall cover the earth, And deep darkness the people; But the Lord will arise over you, And His glory will be seen upon you.” As your voice in our nation’s capital, I look to the light of God to guide my steps. I trust Him for wisdom and strength and praise Him for the gift of His only begotten Son.
 
On behalf of the Bean family, we wish you and all Floridians a happy Easter.
 
Christ is Risen! He is risen indeed!

First Joe Biden addresses his good wishes to “Christians  across the world,” those who have chosen to accept Jesus as the son of God and their savior.  But more important is the theme in the second paragraph.  Without reference to Jesus’ divinity, he instead talks of Jesus’ sacrifice for spreading a message of love and acceptance, something with which both Christians and non-Christians can identify.  Sacrifice is not the sole purview of the divine.  Ask Abraham Lincoln, Gandhi, Martin Luther King, Jr. or Nelson Mandela.

In stark contrast, Bean does not differentiate between his Christian and non-Christian constituents.  

As we enter this Easter season, families across the nation will soon gather in their homes, churches, and places of worship to remember the crucifixion and celebrate the resurrection of our Lord and Savior, Jesus Christ.
 
From the very beginning, God so loved us that He planned and prepared a place for us to receive everything that we need for life now and eternally. We see God’s great love for us displayed on the Cross and His power demonstrated through an empty tomb.
 
In Isaiah 60:2, the prophet records, “For behold, the darkness shall cover the earth, And deep darkness the people; But the Lord will arise over you, And His glory will be seen upon you.” As your voice in our nation’s capital, I look to the light of God to guide my steps. I trust Him for wisdom and strength and praise Him for the gift of His only begotten Son.
 
On behalf of the Bean family, we wish you and all Floridians a happy Easter.
 
Christ is Risen! He is risen indeed!

He wishes “all Floridians” a happy Easter.  Nor does he mention the one thing on which non-Christians, many of whom, myself included, can agree.  Acknowledgement of Jesus as a sage prophet and teacher and his message of peace, compassion and acceptance of all.  Can you imagine if Ilhan Omar told her constituents?

As your voice in our nation’s capital, I look to the light of Allah to guide my steps. I trust Him for wisdom and strength and praise Him for the gift of Islam.

Cries of “Sharia Law” would echo across the MAGA universe.

Aaron, before you try to convince me to accept Jesus as my Lord and savior, I suggest you try just a little harder to live by his words and teachings.  When you vote to repeal the Affordable Care Act, remember Jesus said, “I did not some here to heal the healthy.  I came here to heal the sick.”  When you promote Christian nationalism, remember the parable of the Good Samaritan.  When the crowd asked, “Who is your neighbor,” he chose the “other,” not one of his own followers.  And when you endorse a man who hawks Bibles during Holy Week to make a quick buck, remember that the one you claim as “your light and guide” cast out all those who bought and sold in the temple and said, “My house shall be called the house of prayer; but ye have made it a den of thieves.”

In other words Aaron, during this season of renewal, you might try being a better role model rather than a hypocrite. 

*Beginning with today’s post I will no longer refer to those on the other side of the aisle as the Republican Party.  It is an insult to the party’s founders and pre-MAGA members who understood politicians are elected to serve the voters not vice versa.

For what it’s worth.
Dr. ESP

Groundhog Daze

Culture, Politics

The title of today’s post is derived from waking up every morning to some unprecedented statement or action by Donald Trump which, in a different environment, would disqualify any other candidate for president of the United States.  I call it the “All You Need to Know” syndrome.  This morning there are more examples to add to the list.

Last night, at what the Washington Post called a “historic” event, two ex-presidents joined the incumbent at a Radio City Music Hall, star-studded gala that raised a record $26 million dollars in support of Joe Biden’s re-election and Democratic majorities in the House and Senate.  There were three takeaways from this event, two of which are being widely reported.

#1.  This morning, Jamie Harrison, chairman of the Democratic National Committee pointed out “every penny is being spent on opening field offices to register new voters and to make sure they show up on election day.” He felt no need to explicitly add, “In contrast to the Republican National Committee…”  This is one case where, by simply reporting facts about the Trump takeover of the RNC and the distribution of “campaign” donations, print and broadcast news is carrying this water for the Biden campaign.

#2. Mark Leibovich, staff writer at The Atlantic, reminded “Morning Joe” viewers that “while Biden was flanked by the two living, two-term, former Democratic presidents, Donald Trump stands alone on the stage.”  In other words, do not hold your breath waiting for a GOP fundraiser featuring Trump and George W. Bush.  Scarborough jumped in and added, neither would you see a former Republican vice-president (including Trump’s own), presidential nominee or vice-presidential nominee, with of course the exception of Sarah Palin.  Leibovich added two more categories to the list, former Speakers of the House John Boehner and Paul Ryan or soon to be former Senate Minority Leader Mitch McConnell.  In this game of “Can You Top This,” Scarborough completed the tabulation with Trump’s three secretaries of defense, two secretaries of state, first two chiefs of staff, etc.

The one that everyone missed, which in hindsight may prove to be the most important, was the pro-Palestinian protests outside the event and an interruption of Biden’s and Barack Obama’s comments about the Israel/Gaza conflict.  This “all you need to know” moment required an observer to read between the lines.  It seems Palestinian sympathizers have regularly appeared at almost every Democratic rally or event since the beginning of primary season.  On January 31, Ed Pilkington of The Guardian reported, “This month all of Biden’s big set-piece speeches marking the launch of his re-election campaign have been disrupted by pro-Palestinian protests.”  To be fair, the same did happen at one Nikki Haley rally.  On February 1, Filip Timotija of The Hill led his coverage of a Haley event with the following.  “A small group of protesters interrupted the former governor’s campaign event in Columbia, S.C., with chants of “Free, Free Palestine,” before some of them were escorted out of the event.” 

However, when I Goggled, “pro-Palestinian protests at Trump events,” the search produced more articles about last night’s fundraiser or other confrontations with Biden or his surrogates.  At the bottom of the web page, there was a report attributed to New Hampshire Public Radio about protesters outside a Trump appearance at the University of New Hampshire.  The demonstration was organized by UNH’s Palestinian Solidarity Group which implored both Biden and Trump to end what they believe to be “genocide” of Palestinian civilians.  When asked why she was there, protest organizer Adeena Ahsan, a UNH graduate student told NHPR reporter Sarah Gibson “they weren’t just protesting the current and former presidents’ foreign policy positions. They also wanted to push back on their school’s decision to give Trump a platform.”  She added, “We think it’s insane that we are paying for this, not the city of Durham, not Trump’s campaign up front — our tuition is going towards this.”

There may be a lot of reasons Palestinian supporters do not have the same presence at Trump or GOP rallies as similar Democratic events.  Maybe, they believe that Biden, the current president, can do more for their cause than a mere candidate.  Maybe, they think the Biden administration is more receptive to their concerns about a humanitarian crisis in Gaza.  But there is one more big difference, which is all you need to know.

When the protesters interrupted President Biden at last night’s Radio City Music Hall event, he replied, “That’s alright, let them go. … there are too many innocent victims, Israeli and Palestinian.”  Obama used the disruption as a teaching moment about the job of being president.

One of the realities of the presidency is that the world has a lot of joy and beauty, but it also has a lot of tragedy and cruelty,  I think people understandably oftentimes want to feel a certain surety in terms of how those decisions are made. But a president doesn’t have that luxury.

When he was again interrupted, Obama drew the comparison that exemplifies the choice we have this November.

No, no listen. You can’t just talk and not listen. … That’s what the other side does. And it is possible for us to understand that it is possible to have moral clarity and have deeply held beliefs, but still recognize that the world is complicated and it is hard to solve these problems.

We do not have to imagine how Trump would respond to these protesters.  We have his record.  “Can’t you just shoot them?  Just shoot them in the legs or something?” he asked former Defense Secretary Mark Esper on the occasion of Black Lives Matters protests in front of the White House.  In July 2017, in a speech to Long Island law enforcement officials, Trump said, “Please don’t be too nice,” implying he approved of roughing up suspects during arrests.  In August 2020 he considered sending the National Guard to Portland, Oregon to quell protests, stating, “We could fix Portland in, I would say, 45 minutes.”

Why do Palestinian supporters show up at Democratic and not Republican events?  They know they may be removed from the venue or lectured to by a former president.  They also know they will leave the event alive and unharmed.  Would they be as sure of that same outcome at a Trump rally when he is only a candidate?  Do they think a negative outcome will be less likely if he once again controls the departments of defense, homeland security and justice?  That is all they need to remember when they vote this fall.

For what it’s worth.
Dr. ESP

Naked Bias

Culture

A former president of the United States daily rants about being the victim of a two-tiered system of justice and selective prosecution.  There is one way to find out whether there is any truth to his claim.  Employ the “Sesame Street” learning technique, “Which one is not like the other?”  Here are the options.

  • On August 27, 2018, a jury found comedian Bill Cosby guilty of drugging and molesting Andrea Constand.  The former University of Arizona basketball star was represented by Gloria Allred, known for a series of high profile cases, many of which involved protection of women’s rights.
  • On January 26, 2024, a jury ordered Donald Trump to pay journalist and former Vanity Fair advice columnist E. Jean Carroll $88.3 million for continuing to call her a liar after another jury found Trump liable for sexual assault and defamation.  Carroll was represented by the New York firm of Kaplan Hecker & Fink.  Lead counsel Roberta Kaplan is described by the Washington Post as “a brash and original strategist, with neither a gift for patience nor silence, a crusader for underdogs who has won almost every legal accolade imaginable.”
  • On October 15, 2018, U.S. District Judge James Otero dismissed a defamation suit against Trump by adult film star Stormy Daniels.  On April 4, 2023, the Ninth Circuit Court of Appeals ordered Daniels to reimburse Trump for $121,000 in legal fees associated with the 2018 case.  In 2018, Daniels was represented by Michael Avenatti who is currently serving a 14-year prison sentence for fraud and embezzlement involving clients including Daniels and Nike.

If you guessed the outlier was the case involving Stormy Daniels you would be correct.  Carroll and Constand had the best legal counsel money could buy.  In contrast, as Daniels testified in Avenatti’s federal fraud trial she hired him because “other lawyers were afraid. I was out of options.”  There is one other difference.  Cosby was accused of criminal behavior.  The Carroll and Daniels cases involved only liability and civil penalties.  Therefore, we need to review the basis on which these two outcomes diverged in order to understand how Daniels was also the victim of “naked bias.”

In her closing argument on behalf of Carroll, Kaplan include the following:

Donald Trump is prepared to use his wealth and power to defame people whenever he wants. He ignored the last verdict as if it had never happened.  While Donald Trump may not care about the law, while he certainly doesn’t care about the truth, he does care about money.  [A large punitive award] is the only way to give Ms. Carroll a chance at a normal life again where she is not regularly bullied and humiliated by one of the most powerful men on the planet.

In Daniels’ case, U.S. District Judge James Otero dismissed the charge that Trump defamed Daniels when he tweeted she had lied in 2011 about being threatened not to go public with the story of her sexual encounter with the future president.  In his ruling, Otero referred to the Tweet as “rhetorical hyperbole normally associated with politics and public discourse in the United States.”  He called the lawsuit “a fishing expedition” and declared that Daniels had “failed to show that Trump acted with actual malice or reckless disregard for the truth.”

Following Otero’s ruling, Avenatti tweeted, “Trump’s contrary claims are as deceptive as his claims about the inauguration attendance.”  Clever, but not the fact based-response one would imagine if Roberta Kaplan or Gloria Allred were representing his client.

Much of the discussion about a two-tiered system of justice centers on money and power.  In this case, I believe it rests largely on the profession of the plaintiff.  Carroll was a respected journalist.  Constand, at the time of her assault, was director of operations for the Temple University women’s basketball team.  Stormy Daniels was a porn star.  That should not make a difference.  Of the three plaintiffs, Daniels may have paid the highest price.  Because she feared for the safety of her young daughter, she gave full custody to her ex-husband.  That fear was based largely on the threat she reported in 2011 in which the stranger who approached her car warned her, “Oh it’s a beautiful little girl, would be a shame if something happened to her mom. Forget about this story, leave Mr. Trump alone.”  Which is more credible?  The threat never happened.  Or a mother was willing to give up rights to her only child because she was honestly afraid and did not want her daughter to be collateral damage if someone tried to permanently silence her.

My question.  Beginning April 15, Donald Trump will face a jury of his peers who will decide if, in fact, he had a sexual encounter with Daniels and paid her to keep it quiet.  If he is found guilty, will the Ninth Circuit Court of Appeals apologize to Daniels and reverse the 2023 order for her to pay Trump’s legal expenses.  Contrary to Judge Otero’s finding, it would be clear Trump “…acted with malice [AND] with reckless disregard for the truth.”

For what it’s worth.
Dr. ESP