While our beloved Kula is moving, I'm filling in to give the Kula Krew a place to gather for Koffee, Kuddles, and Konversation. Today's offering is why the House vote on Obama's stimulus bill proves America is not "a center-right nation," an answer to Springoff the Fourth's question "How could Congress overrule the Supreme Court this week?", an Army colonel in Guantanamo who won't have "I was just following orders" for an excuse, and since it's Friday, your weekly Kossascopes are in!
More below the fold....
Just in case you hadn't heard - perhaps you were without power due to the blizzards, or you just got back from a month-long vacation in an Antarctic cave - the House passed Obama's stimulus bill by a 244-188 vote Wednesday. Not a single House Republican voted for the bill, which has caused great gnashing of teeth in the chattering class. Here's my take on it:
Since November 5th we've all heard, ad nauseum, that Obama must govern from the center because "America is a center-right nation?" So here we have a bill that various right-wing shills described as "socialist" and worse. All of the conservatives (there are no moderate Republicans left in the House) voted against it. Twelve centrist Democrats joined in voting against it. So if "America is a center-right nation," and this bill is "socialist," and all of the right wing Republicans plus twelve centrist Democrats opposed the bill, how did it pass by a nearly 2:1 margin? So much for "a center-right nation."
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Springoff the Fourth, a history major, had a question about the Lily Ledbetter Bill that President Obama signed into law this week. For those who haven't read about it - and how was that cave in Antarctica, by the way? - the bill overturns a 2007 Supreme Court ruling which held that Ms. Ledbetter waited too long to file her sex discrimination suit against Goodyear Tire & Rubber Company. Ms. Ledbetter sued the company for sex discrimination when she learned of a company policy favoring men in both promotions and pay raises, but she learned of the policy well after the six-month period provided for in the statute.
"Mom, how can Congress overrule the Supreme Court?" Springoff the Fourth asked, after hearing about the case on NPR during his carpool ride home from university.
The answer is simple enough. In the Ledbetter case, the Supreme Court was interpreting a federal statute. The statute gave a six-month period for filing a sex discrimination suit. The Supreme Court, siding with Goodyear, interpreted the statute to mean that six-month period began on the date of the discriminatory act. As the Court was interpreting a statute, not the Constitution, Congress could rewrite the statute to clarify their intention that the six-month period begins the date the plaintiff learns of the discriminatory act. And that's what Congress did.
Of course, corporate shills argue this "throws open the floodgates" for women to sue their employers. Well ... yes, that's the point. Stop discriminating against women and you won't have to worry!
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And speaking of worrying, there's at least one military official at Guantanamo who won't have "I was just following orders" for an excuse. That would be Army Colonel James Pohl, who yesterday rejected the executive order issued by President Obama last week to end military tribunals. Obama's order directed the military to suspend proceedings in military tribunals until May, giving his Administration time to review the procedures and perhaps choose another forum, such as criminal trials or military courtsmartial. Pohl issued a statement saying Obama's order was "not reasonable," and that he will continue with the indictment of Abd al Rahim al Nashiri, alleged planner of the 2000 attack on the U.S.S. COLE, scheduled for February 9th.
Colonel Pohl might want to review Article 92 of the Uniform Code of Military Justice - "violates or fails to obey a lawful general order or regulation" - under which he is now subject to courtmartial. I reread the UCMJ, and I could find no exception for "unless the President issuing the order is a Democrat." Maybe I have the abridged version?
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I'm guessing Pohl will never have stars on his epaulets, but since it's Friday I'll still look at them for our weekly Kossascopes:
Aquarius - Bedroom slippers were not the ideal choice of footwear for shoveling that snow. Just sayin'.
Pisces - Your cat will do something unbelievably cute this weekend. Pretend not to notice. The cat will pretend not to care.
Aries - Danger lurks. Or, as "lurks" carries too negative a connotation, Danger "reads without commenting."
Taurus - Try the front edge of the coffee cup next time. Just sayin'.
Gemini - No, but I do have time next Thursday. How about eight, at that little place by the shore?
Cancer - Opportunity knocked. You were sleeping, so I took a message.
Leo - It's not you. Clothes always shrink more in the dryer during the winter.
Virgo - The salad dressing bottles are no longer in alphabetical order in the shelf on the fridge door. I'll wait....
Libra - Yes ... uh-huh ... okay ... right ... sure ... I understand ... that sounds great. Now what were you saying?
Scorpio - There's al dente and then there's just plain undercooked. Just sayin'.
Sagittarius - You face a classic "chicken or egg" decision this weekend. Go with the egg, over-easy.
Capricorn - Which means you're stuck with the chicken. Just sayin'.
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Happy Friday! What's on your mind?