Hawaii

Not a Comedy Sketch (Spamtastic)

File photo by Lucy Pemoni/AP Photo.

“A spokesman for the Institute for Human Services, said people are stealing Spam because it’s easy to sell. ‘It’s quick cash for quick drug money,’ Carvalho said.”

Associated Press

There really is nothing more we could possibly add at this time; some circumstances should speak for themselves.   

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Image note: Detail of file photo by Lucy Pemoni/AP Photo.

Associated Press. “Honolulu store owners say thieves are targeting cans of Spam”. 21 October 2017.

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Where the Tide Takes Us

The hammer drops

The application for stay presented to Justice Kennedy and by him referred to the Court is denied. The orders heretofore entered by Justice Kennedy are vacated.

Supreme Court of the United States

This is not an unexpected outcome. Indeed, the blunt, unsigned order refusing Idaho’s request to stay the Ninth Circuit decision striking the state’s same-sex marriage ban is pretty much exactly expected. The only strange thing about it, really, is that the order exists at all.

The point arose last week when the Court refused to hear arguments from several states after Appeals courts struck their marriage bans. As Rachel Maddow explained to viewers:

So, there are nine Supreme Court justices. Do the math. If you want to win a case at the Supreme Court, you need five votes. You need five justices on your side. You need five votes to win a case.

But it only takes four votes for the Supreme Court to decide to take a case in the first place. So, we know there are four anti-gay marriage justices on the Supreme Court—Scalia, Roberts, Alito and Thomas. If they had wanted to hear one of these cases today, if they had wanted the chance to overturn one of those pro-gay marriage cases from the lower courts, those four justices had enough votes to take the case to do it.

I mean, the anti-gay marriage side could have taken one of those cases if they want to. So, why didn’t they?

Latta is an Article IV case. The thing is that no excuse a judge might invent to try to get around Amendment XIV, the Equal Protection Clause, marriage equality runs up against the Full Faith and Credit Clause of Article IV of the Constitution.

Given that the Supreme Court just said no to appeals in Article IV cases, one might wonder why Justice Kennedy thought to issue a stay and ask his colleagues to undertake another Article IV case.

Lyle Denniston brings us the answer:

Without explanation, the Supreme Court late Friday afternoon rejected a request by state officials in Idaho to postpone a lower-court ruling that had nullified the ban on same-sex marriage there. The two-sentence order also lifted an earlier order by Justice Anthony M. Kennedy temporarily delaying that decision by the U.S. Court of Appeals for the Ninth Circuit.

There were no noted dissents from the Court’s new order. Although it gave no reasons, the Court’s action was a further indication that the Justices are unwilling to be drawn into the constitutional controversy at this point, leaving it to lower courts to continue to explore it. Idaho officials had tried to convince the Court that their case was different from the ones that the Court had bypassed on Monday.

Certainly, it was a weak reason, but, you know, it is no big deal, right? Just making people wait for their civil rights in order to be nice to Idaho while they attempt to make an impossible argument.

Nonetheless, Idaho is go. And, you know, it was only a day. What’s another day after all these years?

Oh. Right. Obergefell. Which reminds, there is no news from the Sixth.

But there is news from North Carolina, where a District Court in Charlotte struck the Tar Heel State’s marriage ban according to Bostic v. Schaefer, a Fourth Circuit case the Supreme Court refused.

Additionally, Denniston explains the Ninth Circuit Memorandum issued Saturday, bringing a formal end to the moot Jackson v. Abercrombie in Hawai’i. It’s a happy ending.

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Supreme Court of the United States. “Order in Pending Case”. Otter v. Latta. 10 October 2014.

Maddow, Rachel. “‘Edie and Thea’ lead way to marriage equality, argle-bargle notwithstanding”. The Rachel Maddow Show. msnbc. 6 October 2014.

Denniston, Lyle. “No delay on Idaho same-sex marriages”. SCOTUSblog. 10 October 2014.

Cogburn, Max O. “Memorandum of Decision and Order”. General Synod of the United Church of Christ v. Resinger. United States District Court Western District of North Carolina Charlotte Division. 10 October 2014.

United States District Court for the District of Hawaii. “Memorandum”. Jackson v. Abercrombie and Bradley v. Abercrombie. 10 October 2014.

A Contrast

In many ways I was not yet a grownup—still childish in love and in work, a renter and sometime student with not even a car title in my name. But with the license, and the gun, came a host of new grownup worries. First: Who do you shoot, and when?

Adam Weinstein

Among reflections on the recent shootings that have devatated communities across the country, Adam Weinstein’s column for Gawker is a must-read. There is, truly, more there than one can justly quote, from―Bang! Say da, da da da!

Back when the licenses were still a new thing and the required instructional classes weren’t a joke, my dad’s class was run through a host of scenarios: You’re broken down on a dirt road in the middle of the night. A black dude in a Cutty pulls up behind you, gets out, comes out with a tire-iron. What do you do? Half my dad’s class said to shoot the black man.

―to―

When my son was born, all of my questions suddenly had a very basic answer. I would love for him to grow up as I did, enjoying shooting but understanding that every gun is loaded and you never touch one without an adult and you don’t point it at anything you don’t intend to shoot. But more than that, I’d love to believe that he’ll have no mischievous accidents, no suicidal depressions or homicidal rages, no moments of weakness or fits of pique or questions that can be answered by the pull of a trigger. As with all the other scenarios in which I’m the good guy with the gun, I can never be sure. I carry my permit, as I always have. But now all my guns live with my father.

―and beyond. Just read it.

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Meanwhile, there is also the tale of S. 1290, the “Protecting Domestic Violence and Stalking Victims Act of 2013”.

Laura Bassett explains the situation for Huffington Post:

The National Rifle Association is fighting proposed federal legislation that would prohibit those convicted of stalking and of domestic violence against dating partners from buying guns, according to a letter obtained by The Huffington Post.

Sorry, NRA says no.Federal law already bars persons convicted of misdemeanor domestic violence from purchasing firearms. S. 1290, introduced by Sen. Amy Klobuchar (D-Minn.), would add convicted stalkers to that group of offenders and would expand the current definition of those convicted of domestic violence against “intimate partners” to include those who harmed dating partners.

Aides from two different senators’ offices confirm that the NRA sent a letter to lawmakers describing Klobuchar’s legislation as “a bill to turn disputes between family members and social acquaintances into lifetime firearm prohibitions.” The nation’s largest gun lobby wrote that it “strongly opposes” the bill because the measure “manipulates emotionally compelling issues such as ‘domestic violence’ and ‘stalking’ simply to cast as wide a net as possible for federal firearm prohibitions.”

The NRA’s letter imagines a “single shoving match” between two gay men as an example of how the domestic violence legislation could be misused. “Under S. 1290, for example, two men of equal size, strength, and economic status joined by a civil union or merely engaged (or formerly engaged) in an intimate ‘social relationship,’ could be subject to this prohibition for conviction of simple ‘assault’ arising from a single shoving match,” the letter says.

The NRA also argues in the letter that “stalking” is too broad of a term to indicate any danger to women. “‘Stalking’ offenses do not necessarily include violent or even threatening behavior,” the letter claims. “Under federal law, for example, stalking includes ‘a course of conduct’ that never involves any personal contact whatsoever, occurs wholly through the mail, online media, or telephone service, is undertaken with the intent to ‘harass’ and would be reasonably expected to cause (even if it doesn’t succeed in causing) ‘substantial emotional distress’ to another person.”

The letter adds that the federal stalking law on the books is “so broadly written that some constitutional scholars even claim it could reach speech protected under the First Amendment.”

Because, well, stalkers need guns, too.

(more…)

Your Weekly Dose of Coolness

Maggie Koerth-Baker brings us “good news” about whales and dolphins that is at once sugary-cute and enlightening.

Mammals at play.It’s hard to talk about animal behavior without getting too anthropomorphizing, but think about it this way: In both instances, the whale and dolphins did not appear to be competing with other, they did not appear to be fighting, nor were they cooperating in a goal-oriented way. When scientists say “animals are playing” they don’t necessarily mean “play” the way human children play, but they do mean behaviors that go beyond simple eat/sleep/defend/breed necessities. Play might be learning. Play might be about forming social bonds that help an individual later on. And however you interpret it, spotting examples of spontaneous, inter-species play in the wild is kind of a big deal.

Take that, LOLcats!