Okay, people.  We need to heed Christy's words and light 'em up.  It looks like the Communications Opportunity, Promotion and Enhancement Act of 2006 (COPE Act) is due for a vote in the Senate Commerce Committee on Thursday.  Christy has all the Senators' contact info, as well as the great coverage of Misener and McCurry.

We all know what's at stake here; I won't bore you with any details.  Suffice it to say if you want to continue enjoying the pond and the rest of the wild and wacky internets, you need to call.  And get everybody else to call.  If you need that extra incentive, Ted Stevens sits on this committee.

: p

What you may not realize (I didn't) is that America has been here before; this fight is nothing new.

I can't even say why it caught my fancy; it's a perfectly respectable piece about the ice cores taken from beneath the Arctic Ocean and what they tell us of the geologic record.  But something about it just seemed odd; I suppose seeing the North Pole described as a tropical paradise will do that to a person.  So I decided to make my own expedition of sorts and look into the groups and organizations sponsoring this research.  Shall we explore the layers of sediment below the fold?

With all the sabre-rattling over Iran, it should come as no surprise that the U.S. is now establishing a special office solely to deal with Iran.  But even they aren't foolish enough to make such obvious comparisons to the Iraq campaign; this one is called the "Office of Iran Affairs."  Sound familiar?  It should:

The U.S. State Department is creating a special office to deal with foreign policy changes related to Iran and to promote a democratic transition in the Islamic republic, State Department officials said Thursday.

Traditionally, Iran has been dealt with as part of a larger grouping of Persian Gulf countries, but the officials said the new Office of Iran Affairs reflects a growing concern over actions by the Iranian regime and the need to devote significantly more personnel and resources to Iran policy.

...The office will deal with Tehran's support for groups on the U.S. list of terrorist organizations and Iran's alleged human rights violations. The office also will be involved in issues related to Iran's nuclear energy program, which the Bush administration fears is designed to develop nuclear weapons.

Flu season may be drawing to a close, but bird flu marches on.  After Iraq reported its first cases from northern provinces a few weeks ago, the virus appears to be spreading through the country.  Iraq's health minister has declared an alert for the southern province of Maysan, where one suspected case has been discovered.

The Iraqi cases are especially alarming because there were no reported animal cases first, which indicates a breakdown in monitoring and reporting of the disease.  In a war-torn country lacking infrastructure, an outbreak could quickly prove unmanageable.

More alarming still, officials said, the finding suggests that the disease may be spreading widely - and undetected - among birds in countries of Central Asia that are poorly equipped to pick up or report infections. Bird flu has never been reported in animals in Iraq.
 

As in Turkey earlier this month, the spread of bird flu to a new part of the world was heralded by a human death, a death that was most likely avoidable. Bird flu only rarely infects humans, late in the course of an animal outbreak, and then only after intense contact with sick birds.
 

"We shouldn't be seeing human cases first, and this points to serious gaps in surveillance," said Maria Cheng, a spokeswoman for the World Health Organization in Geneva. "But given the situation in Turkey, I don't think we'd be surprised to see isolated humans cases in surrounding areas."
 

...For example, the local government in Sulaimaniya is monitoring commercial poultry flocks, "but they don't really have the ability to monitor what's going on in village flocks," said Rod Kennard, who is managing a year-old UN project to rebuild veterinary services in Iraq.

What do they mean by "the situation in Turkey"?

“I am proud to join my friend, the senior Senator from Massachusetts, in taking a stand against this nomination. I know it is an uphill battle. I have heard many of my colleagues. I hear the arguments: Reserve your gunpowder for the future. What is the future if it changes so dramatically at this moment in time? What happens to those people who count on us to stand up and protect them now, not later, not at some future time?

“This is the choice for the Court now. I reject those notions that there ought to somehow be some political calculus about the future. This impact is going to be now. This choice is now. This ideological direction is defined now."

Please sign his filibuster petition.  And call Salazar NOW - he is taking a filibuster poll. Apparently, Ben Nelson is soliciting feedback as well. I just called Nelson's office and spoke with a delightful fellow who didn't even care that I'm out of state because he's from here! : p

I told him that extending debate on Alito's nomination is entirely appropriate given Alito's deference to presidential power in light of spygate. There is no reason not to put Alito's nomination off until we have some answeres on extralegal domestic surveillance.

Word has it that Reid said he doesn't have the votes for a filibuster, but that was apparently before Hillary and Feinstein got on board.  I will post more on that when I have it.

And now it appears that Bayh and Bill Nelson are also in the mix. What a day this has been!

Update [2006-1-27 20:19:33 by Cedwyn]: It seems Cantwell needs some prodding. Other Senators who may be on the fence here - Update [2006-1-27 20:58:44 by Cedwyn]: apparently, this includes Obama and Harkin.

Meanwhile, we need to get the word out publically in every way possible - people need to understand what they'd be getting in Alito and why a filibuster is warranted.  

Here are some resources for LTE's, etc.:

a democratic staffer !@#$%& gets it!

Anti-Alito Brigade for Justice round-up

and don't forget the wisdom of Mark Crispin Miller:

"A no vote is a yes vote, unless you filibuster!"

Below the fold is my letter to Smith, typos and all.  If any of it is useful, please help yourself.  I chose the example of the Arctic Refuge because Smith actually stood up for that; tailor examples to your Stepford Senators' pet causes.  Or other issues that you know are important locally.

John Kerry has a new anti-Alito petition and will be entering the gathered signatures into the Congressional Record!  Please sign it and share it far and wide.

Dear Friend,

I've studied Judge Alito's legal record. I met with him one-on-one. After all this, I am left with one simple conclusion: if Judge Alito becomes Supreme Court Justice Alito, he will move the Court backwards.

I will vote against Judge Alito's confirmation, and I hope a majority of Senators choose to join us on the Senate floor, voting and speaking out against him. I know we face tough odds, but this is an important fight.

The bottom line is Judge Alito cannot be trusted on the Supreme Court. We can't trust him to stand up to government abuse of power. We can't trust him to ensure all citizens enjoy equal protection under the law. We can't trust him to protect our right to privacy. We can't trust him to defend mainstream American values.

To muster enough Senators to defeat Judge Alito, the American people have to make it clear that they are against his nomination. That's where you come in. By speaking out, you will help us convince other Senators to join our fight.

We can do this!

I'm on the West Coast, so trying to catch the Sunday talking heads live is just brutally absurd.  Sometimes though, I imagine it might be worth it if we could see pundits who were actually capable of, say, thinking beyond talking points.  Or if someone might offer analysis that goes a little deeper than "some people say."  It would be especially delightful if we could look forward to scathing reviews of shrubCo, such as those delivered by Paul Craig Roberts.

The destruction of New Orleans is the responsibility of the most incompetent government in American history and perhaps in all history.

...The Bush administration is damned by its gross incompetence.

...The neoconservatives have brought these disasters to all Americans, Democrat and Republican alike. Now they must he held accountable. Bush and his neoconservatives are guilty of criminal negligence and must be prosecuted.

Maybe my inner schadenfreude has voyeuristic tendencies; I just find it immensely gratifying to see conservatives levying serious criticisms  against shrubya.  It's a fine day indeed when even (R) Senators call for investigations and the rug is otherwise pulled out from under this maladministration.  And nobody pulls the rug, rolls it up and proceeds to thwap shrubya upside the head with it better than Paul Craig Roberts, who has been positively excoriating the preznit at just about every turn.  He's been screaming for impeachment longer than most, including many on the left.

As you might imagine, his commentary on shrubya's extralegal domestic spying, titled "A Criminal Administration," is exceptional.  He blasts the obsequiousness of our Potemkin Press and lays out precisely why the spying is illegal (and unecessary) under FISA.  Oh, and Hitler references are now "fair game," to quote a...ummmm...noted personality:

Before the election, the story of three Medford, OR school teachers being evicted from a shrubya rally hit the news wires.

salon.com took it a bit further:

Our question is, why does the Bush-Cheney campaign assume people wearing shirts that say "Protect Our Civil Liberties" are opposed to the president's re-election? Would the campaign welcome guests as obvious Bush supporters if they're wearing shirts that say "Civil Liberties, Civil Schmiberties"?

And that made me write this Daily Showesque piece:

Neither is it just for democrats, liberals and other assorted leftists anymore.  Congressional republicans have joined the calls for an investigation and the momentum for impeachment is steadily growing.  Bob Barr, a former U.S. Representative who was active in Clinton's impeachment is now turning the same ire on shrubya, saying "This is just such an egregious violation of the electronic surveillance laws." Robert Levy, a Senior Fellow of Constitutional Studies at the Cato Institute - and Board Member of the Federalist Society - makes some excellent points regarding limits on presidential power before concluding that shrubya has "overreached."  I think he was euphemizing.

In a recent interview with Diane Rehm, conservative scholars Bruce Fein and Norm Ornstein were a bit more blunt.  Ornstein is quoted as saying, "I think if we're going to be intellectually honest here, this really is the kind of thing that Alexander Hamilton was referring to when impeachment was discussed."  Fein was not so reserved:

On Christmas Eve, Harmonium called our attention to this horrific ruling by a Cincinatti appellate court.  It's a really important story with Alito implications, so it needs lots of air time, imo.




I really can't believe I just read this.  But read it I did.  In a legal opinion regarding the display of the Ten Commandments at a courthouse, an Ohio judge recently opined that there is no wall of separation between church and state.  

This will be a reminder to some, and hopefully an introduction to many others:

A group of Booman Tribune members and nascent cyber activists have developed a letter writing campaign to oppose the nomination of Judge Alito to the Supreme Court.  Here's a description of their 12 day program from the project's ringleader herself, Tampopo:

There will be 12 letters/days of action total.  A great additional action item is to collect the whole set and distribute them as booklets.

If you haven't been following the series, that's okay; you can easily go back through the list and catch up.  We want to flood the Senate offices with our letters in opposition to Alito before they get started on the hearings.  So, the question on your mind at this point (I hope) is probably what am I supposed to with these letters?

Well, it's simple really.  Take each day's letter, edit to suit your own style and send it off via snail mail, email or fax via the web to your Senators and especially the members of the Senate Judiciary Committee.

Your Senators

The Judiciary Committee

We're also including the House of Representatives in this campaign, because of Alito's wanton disregard for Congress and its role in our government.

Other steps you can take (care of judybrowni):

The man is almost as shameless and narcissistic as shrubya, plays politics every bit as dirty as DeLay and he's just as much of a bully as either of them.  After insisting on his precious bridges to nowhere while areas of Louisiana and Mississippi suffer with Katrina-ravaged highways, he now has the audacity to attach a bill for drilling in the Arctic Refuge on to the must-pass defense spending bill.

The wily and cantankerous Alaska Republican is trying to secure the mother of all pet projects for his state: oil drilling in the Arctic National Wildlife Refuge. Stevens has attached the provision to a popular defense spending bill and has put holiday plans of his Senate colleagues on hold as he dares Democratic and moderate Republican opponents to vote against it.

The former Appropriations Committee chairman is a master of legislative larding, but this latest gambit may be riskier than usual.

...Alaska drilling is the most controversial environmental issue before Congress, a far cry from the usual Native Alaskan and salmon subsidies. And Stevens has tucked it into a bill that funds the wars in Iraq and Afghanistan.

Stevens once described himself as a "mean, miserable SOB;" if his recent petulant outbursts are any indication, he prides himself on the fact:

Alito is a real piece of work, lemme tell ya.  Better yet, let his own words and legal opinions tell ya.  In Alito's world, apparently, only a retarded person would find threat of rape with a broom handle "hostile or abusive."  (PDF warning)

The case involves a discrimination suit brought by a mentally disabled employee who faced a hostile work environment--including the threat of rape with a broom handle.  Alito wrote an unpublished dissent that would not have allowed the case to move forward to trial because he took issue with the way the brief was written and noted that "Pirolli's brief never asserts that his work environment was one that a reasonable, non-retarded person would find hostile or abusive."  This is yet another example showing that Alito rarely supports individual rights claims and attempts to "narrow the scope of individual rights."

Reading that makes the title of Seth Rosenthal's latest piece in The Nation seem like a gross understatement:  "Pro-Alito Buzz Cloaks a Draconian Agenda."

The right's exuberance over the Miers-Alito switcheroo has made it crystal clear (if it weren't already) that the innocuous-sounding buzzwords carry a substantial subtext. For movement conservatives they are code for a legal regime, endorsed by role models like Justices Antonin Scalia and Clarence Thomas, that University of Chicago professor Cass Sunstein calls "a political program in legal dress" because of its eerie resemblance to the agenda of the right wing of the Republican Party. If a judge embraces the regime, he or she is called "restrained"; if not, "activist."

Thankfully, the world is full of people far more succinct and eloquent than I who have nailed the essence of this "judicial activism" canard.  The first is from John Dean, who wrote a wonderful essay trying to unearth exactly what was behind the rhetoric.  Even more pithy, however is this lovely cartoon from the inimitable Tom Toles:

That one is worth at least a few thousand words.  But the devil is always in the details, as Rosenthal reminds us:

the right would like to raze what it sees as the law's accumulated liberal superstructure and rebuild it from the ground up based on their interpretation of the 215-year-old views of those who ratified the Constitution. Overturning Roe v. Wade is just the tip of the iceberg.

..Movement conservatives admire Justice Thomas even more than Justice Scalia because Thomas does not hesitate to reconsider precedent in pursuit of this throwback regime. They hope Alito follows suit. He's dropped hints he might, if more gradually. His current colleagues have occasionally noted his efforts to hollow out their court's own precedents.

In the past decade, the Supreme Court has struck down parts of more than thirty-five acts of Congress, including laws protecting workers, seniors, people with disabilities, abused women and religious minorities. This amounts to the highest annual invalidation rate ever: No other era comes close. Are "activist liberals" like Ruth Bader Ginsburg and Stephen Breyer leading the way? Not by a long shot. According to a recent study by professor Paul Gerwitz and Chad Golder of Yale Law School, conservative heroes Thomas and Scalia are numbers one and three on the list; Ginsburg and Breyer are at the bottom, trailing far behind.

Indeed, the fact that the religious right is tripping over themselves in praise of Alito's nomination tells you everything you need to know about his judicial temperament, namely that you should be afraid.  Very afraid.    

Paradoxically, the self-proclaimed apostles of judicial restraint have jumped on the Court's Congress-dissing bandwagon. Seriously dismayed that three recent decisions slowed the bandwagon considerably by upholding the constitutionality of applications of the Family and Medical Leave Act, the Americans With Disabilities Act and the Controlled Substances Act, they are confident that Alito, unlike Miers, will get it rolling again.

Many legal scholars believe they are right.

...Despite the judicial engineering they advocate, movement conservatives arrogantly continue to invoke the rhetoric of judicial restraint to insist that they--and only they--speak neutrally for the law while the rest of us prefer lawless, antidemocratic courts. It is a false conceit. Just listen to former Republican Senator John Danforth, who served briefly as the Bush Administration's ambassador to the United Nations. On October 27 Danforth told CNN that the conservatives who sank the Miers nomination "want a political judge. They want a judicial activist. This business about judicial conservatism and somebody who decides the law, that's baloney."

I think this country owes a debt of gratitude to Harriet Miers.  It can't have been easy for her to watch her nomination be withdrawn, but that experience laid bare the true motivations and rank hypocrisies of the right.  No longer can the Senate whinge about "the right to a fair, up or down vote."  Nobody believes the fundagelicals' mewlings about "it was just her lack of qualifications."  The death of her nomination was possibly the greatest demonstration of their true agenda writ large.  Thanks, Perkie!  You really took one for the team.

Speaking of teams, you have to check out this crew!  They are driving a bus around the country to engage Americans in rhetoric-free discussion about the importance of the Supreme Court and what Alito on the bench would mean to the country.  I love it!  Please show them whatever support you can, in between writing and faxing your Senators as part of the Anti-Alito Brigade For Justice.

Today's item is a true piece of wordsmithing and addresses ScAlito's ethical lapse regarding Vanguard.  Even if you don't send the information out, you want to read it.  But here a few links that make it very easy to contact your representatives:

Click here for Senate Judiciary Members and click here for for a list of all Senators.

Like they say, third time's a charm - let's quash this nomination in the hopes shrubya might do something reasonable on his third try!