Evergreen State

The Evergreen Tip (Trump Trump Mix)

#Justice | #WhatTheyVotedFor

VIII. Adjustment.

“The States have satisfied the Winter test because they have shown that they are likely to succeed on the merits of the claims that would entitle them to relief; the States are likely to suffer irreparable harm in the absence of preliminary relief; the balance of equities favor the States; and a TRO is in the public interest. The court also finds that the States have satisfied the ‘alternative’ Cottrell test because they have established at least serious questions going to the merits of their claims and that the balance of equities tips sharply in their favor. As the court noted for the Winter test, the States have also established a likelihood of irreparable injury and that a TRO is in the public interest.”

Judge James L. Robart

Justice on the Evergreen Tip

The Washington State Capitol building in Olympia, Washington, 11 September 2012. (Photo: Apaschen)

A note from the northwest corner comes via The Hill:

A bipartisan group of Washington state legislators on Monday said they would introduce new measures to end the state’s death penalty.

Attorney General Bob Ferguson (D) and Republicans and Democrats from both chambers of the state legislature said capital punishment had become too costly, and that there is little evidence that the death penalty deters any crimes. State Sen. Mark Miloscia (R) will introduce legislation in the Republican-led Senate, while state Rep. Tina Orwall (D) will carry the bill in the Democratic-led House.

“As a means of effective punishment, the death penalty is outdated,” state Sen. Maureen Walsh (R) said in a statement released by Ferguson’s office. “Not only is life-without-parole more cost-effective, it also offers the certainty that is an essential element of justice.”

Both Gov. Jay Inslee (D) and former Attorney General Rob McKenna (R), who lost to Inslee in the 2014 race for governor, back the proposal.

(Wilson)

(more…)

Something to Keep in Mind (Minimumawecity Mix)

McPoverty protesters outside Wendy's restaurant on Lake City Way in Seattle on Thursday, Feb. 20. (Photo: Joshua McNichols/KUOW)

Barry Ritholtz, for Bloomberg:

Consider as an example what Mark Perry, at the American Enterprise Institute, wrote a month before the first phase of Seattle’s new minimum-wage law went into effect. The city’s “government-mandated wage floor … guarantees reduced employment opportunities for many workers.”

As one of my colleagues wrote last week, the “unemployment rate in the city of Seattle―the tip of the spear when it comes to minimum wage experiments―has now hit a new cycle low of 3.4%.” Meanwhile, a University of Washington study on the minimum wage law found little or no evidence of job losses or business closings.

Although you can never declare a game over until the final whistle, this experiment is starting to look like a rout.

Given the strangely anti-labor mood in which Americans find themselves, remember this when we start hearing about what a bad idea a useful minimum wage is supposed to be.

____________________

Image note: McPoverty protesters outside Wendy’s restaurant on Lake City Way in Seattle on Thursday, 20 February 2016. (Photo: Joshua McNichols/KUOW)

Ritholtz, Barry. “Minimum-Wage Foes Tripped Up by Facts”. Bloomberg View. 7 December 2016.

The Straight Dope

'Scuse me while I responsibly point this at you.

Here’s a a narrative for you, via Kenny Ocker at the News Tribune:

According to court documents:

The teenager set up a drug deal on Facebook with a friend. His friend met the dealer, who showed him the marijuana he wanted. The friend grabbed the bag and ran.

The dealer and the passenger from his car chased the friend about 50 yards before the teenager — wearing a mask and showing a handgun — showed up and asked, “What’s up?”

The dealer and passenger then ran toward their car.

The teenager went to put the gun back into his pants and the weapon fired a bullet through his leg.

In a state where marijuana is legal, this makes exactly no sense. Honestly, you know that bit about how one needs to live, instead of merely exist? Some days it seems like living isn’t enough; it’s like people need to live in an action movie.

Or a one-star farce.

Pick your poison.

____________________

Ocker, Kenny. “Lakewood teenager shoots himself in groin during robbery attempt, documents say”. The News Tribune. 2 May 2016.

A Question of Right and Conscience

The Seal of the State of Washington

This is important:

Washington state can force pharmacies to dispense Plan B or other emergency contraceptives, a federal appeals court said Thursday in a long-running lawsuit brought by pharmacists who said they have religious objections to providing the drugs.

The unanimous decision Thursday by the three-judge panel of the 9th U.S. Circuit Court of Appeals overturned a 2012 ruling by U.S. District Court Judge Ronald B. Leighton, who had found that the state’s rules violated the religious freedom of pharmacy owners. It was the second time the appeals court reversed Leighton in the case.

“This unanimous decision is a major victory for the people of Washington,” Attorney General Bob Ferguson said in a prepared statement. “Decisions regarding medical care — including reproductive rights — are appropriately between a patient and his or her medical professionals.”

(Johnson)

Evergreen, get ready.

No, really. We’re into the presidential preseason. Do we really think Republicans are going to let this pass?

Then again, the lines are pretty clearly drawn this time; social conservatives can afford to lose, just not spectacularly and publicly. And should we add the consideration that they would be abandoning the marriage equality headlines in order to be seen hounding women yet again? It’s always a mystery, because most days soccons are perfectly happy to come for the women, and come again.

When your conscience requires your righteousness to harm others, we might suggest a careful inspection of its components. Should you do this for the Glory of the Lord, we might beg consideration of where your earthly judgment and cruelty stands within the God’s purview.

The Ninth said no. Round three, anyone?

____________________

Johnson, Gene. “Ruling: Washington can require pharmacies to dispense Plan B”. KIRO TV. 23 July 2015.

Not Good News

Detail of graph by Mark Nowlin/Seattle Times showing death rates for various drugs in King County, Washington, between 1997 and 2014.

Just, you know, take note: We have a problem.

Fatal overdoses linked to heroin surged by 58 percent in King County last year, fueling the steepest rise in local drug-caused deaths in 17 years.

Heroin was involved in 156 deaths in the region in 2014, up from 99 the year before — and just 49 in 2009. Overall, there were 314 drug deaths in the area last year, the highest number since 1997, according to a report released Thursday by the University of Washington Alcohol & Drug Abuse Institute.

The only word to describe the trend is “distressing,” said Caleb Banta-Green, an affiliate associate professor of health services with the UW School of Public Health.

“I knew it was going to go up,” he said. “I didn’t know it was going to go up that much.”

(Aleccia)

Should we pause a moment to consider that no such bad news ever fails to get worse, well, right, we get interesting notes like this, as well:

Drug deaths tied to methamphetamine also jumped by 59 percent, with 70 deaths in 2014, up from 44 the year before. Among primary heroin users, meth was the common secondary drug of choice, used in about a quarter of cases.

Right. You know. One of those mixes I just never have figured out how to understand.

(more…)

A New Way of Doing Things

FAYETTEVILLE, AR - OCTOBER 31: U.S. Rep. Tom Cotton (R-AR) and Republican candidate for U.S. Senate in Arkansas looks on during a tailgate party before the start of a Fayetteville High School football game on October 31, 2014 in Fayetteville, Arkansas. With less than a week to go before election day U.S. Rep. Tom Cotton (R-AR) is holding a narrow lead over incumbent U.S. Senator Mark Pryor (D-AR). (Photo by Justin Sullivan/Getty Images)

“Of course, in the American tradition, the idea of elected American officials trying to sabotage American foreign policy, on purpose, brazenly undermining our nation’s attempts at international leadership, seems plainly ridiculous. But in 2015, it’s become an increasingly common Republican tactic.”

Steve Benen

This is not a good sign:

Sen. James Inhofe (R-Okla.), one of the nation’s most aggressive climate deniers and the man Senate Republicans chose to lead the Senate committee on environmental policy, wasn’t subtle when describing his sabotage ambitions.

“The Tom Cotton letter was an educational effort,” Senator Snowball told the WSJ.

It is impossible to state with appropriate gravity the strangeness of the #GOP47; this really was, once upon a time, out of bounds. And it is, at the very least, foolhardy, if not downright dangerous. The difference between the two is up to voters; if this is the what they expect of governance, the marketplace will respond, and this will be how foreign policy goes. To the other, if this really is as worrisome to Americans as many seem to think it should be―and, yes, that includes the triune staff of This Is (Me, Myself, and I, as the old Gilligan’s Island joke goes)―what will Americans say when a Republican is in office and Democrats are trying to stymie some foreign policy initiative? Is this the way it will go, or will Democrats be expected to play by obsolete rules that will cost them at the ballot box and, as a result, cost everyone else in terms of policy resolution?

If it was good enough for Bush when he negotiated our exit from Iraq, then it is good enough for Obama trying to negotiate against a future nuclear war, or simply haggle over clean air. When Republicans appeal to some version of common sense―should the Senate have a say in this or that?―remember the standard they are appealing against. There is an unfortunate appearance in American politics and governance that we only get around to certain assertions of the right thing when there are other complicating issues. There are plenty who rightly wonder if the president’s skin color is what inspires Republican hatred. Others might suggest that the GOP has simply run out of tricks in opposition to a Democratic president at a time that interrupts their effort to build a warring New American Century. Regardless, however, of what leads to such conservative lunacy, Republicans need to knock it the fuck off.

And, quite frankly, American voters need to make that point. Out in Washington state, Democrats held a supermajority for years, and generally refused to use it; this conforms to an older political model by which such strongarming is considered unseemly. In the face of conservative bullying, however, it has long been a question whether or not this is an appropriate resolution for the question. As Republicans grow their game, perhaps we might look upon Democratic incompetence as a series of opportunities lost for the sake of some dignity that voters don’t give a damn about anymore. In the end, two state Senate Democrats rolled, handing the chamber to Republicans, and once again our sense of obligation―say, funding the schools to meet constitutional requirements―is brought into question as an issue of whether or not it is worth fulfilling those commitments. That is to say, given a chamber to control in our state government, Republicans returned the discussion to whether or not it is financially worth obeying the law.

Perhaps state Democrats should have used their supermajority.

Nonetheless, what will the American people say if Democrats, under a Republican presidential administration, return the favor?

Don’t want them to do that? Then don’t ask them to.

____________________

Benen, Steve. “GOP sees Cotton sabotage strategy as ‘an educational effort'”. msnbc. 27 April 2015.

The Future, Revealed?

Jobs, jobs, jobs ... j'abortion!

We might for a moment pause to recall 2010. Republicans achieved a majority in the U.S. House of Representatives, but the real story was in the state houses, where the GOP made astounding gains by hammering away at the economic instability their Congressional partners worked so hard to create.

And then they tacked away from jobs. As Rachel Maddow memorably put it, “Jobs, jobs jobs … j’abortion”. State-level Republicans passed record numbers of anti-abortion bills, knowing that most of them were unconstitutional. And it is certainly an old conservative scheme, to tilt windmills, lose, and then bawl that the sky is falling because the Constitution is Sauron and Democrats and liberals the armies of Mordor.

With many predicting a Republican blowout in the 2014 midterms, some are looking ahead to figure out just what that will means in terms of policy and governance. And some of those are Republicans.

Yet there is a week left; perhaps this isn’t the best time to be telegraphing the Hell they intend to call down upon the Earth.

Or, as Lauren French and Anna Palmer of Politico explain:

Conservatives in Congress are drawing up their wish list for a Republican Senate, including “pure” bills, like a full repeal of Obamacare, border security and approval of the Keystone XL pipeline — unlikely to win over many Democrats and sure to torment GOP leaders looking to prove they can govern.

Interviews with more than a dozen conservative lawmakers and senior aides found a consensus among the right wing of the Republican Party: If Republicans take the Senate, they want to push an agenda they believe was hamstrung by the Democratic-controlled chamber, even if their bills end up getting vetoed by President Barack Obama.

Their vision could create problems for congressional leaders who want to show they aren’t just the party of “hell no.” And while conservatives say they agree with that goal, their early priorities will test how well John Boehner and Mitch McConnell can keep the party united.

Two points: Swing voters can’t say they weren’t warned. And conservative voters complaining about gridlock should admit that’s what they’re after.

(more…)