Author Archives: SHG

Tuesday Talk*: Did Polis Get Masks Right?

While some governors are flexing their mask muscles to address, whether in reality or appearance, the concern for the next variant of Covid, Colorado’s Democratic governor, Jared Polis, has taken a very different approach to masks.

All hail Colorado’s Democratic Gov. Jared Polis, who liberated himself from the “forever COVID” mentality that has gripped far too many lawmakers.

Ever think you would see “all hail” a Dem in the New York Post? Continue reading

Should Maxwell Be Allowed Anonymous Defense Witnesses?

Among the litany of problems a defendant faces at trial that elude those who simplistically believe forcing every case to trial rather than plea is that witnesses, even in a mundane case that won’t make the front page of the New York Times, don’t want to testify. Maybe they fear police retaliation. Maybe they have skeletons in their closet they would prefer stay there. Maybe they’re afraid of what the neighborhood will think. Maybe they just don’t want to get involved.

There’s rarely much good to come from being a witness for the defense. They don’t hand out medals and rarely does anyone extol your bravery for being so honest for the benefit of that mutt everybody knows is guilty. So why do it? Continue reading

Short Take: Blow Predicts Civil War

Will there be civil war over abortion? Charles Blow sees it coming.

In a dissent on Friday, Justice Sonia Sotomayor wrote: “This is a brazen challenge to our federal structure. It echoes the philosophy of John C. Calhoun, a virulent defender of the slaveholding South who insisted that States had the right to ‘veto’ or ‘nullif[y]’ any federal law with which they disagreed.”

I found the invocation of South Carolina’s Calhoun striking.

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West Side, Corrected

West Side Story has long been one of my all-time favorite films. Sure, there were mistakes made. Few street gangs in 1957 were properly trained in modern dance, no less ballet. Rarely did they hang out on stoops and sing when they had nothing better to do. But it was a glorious musical, a brilliant story and a wonderful pageant.

Was it due to be remade? Perhaps. Without remakes, there wouldn’t be a lot of “makes” at all these days. And if so, who better to take on a project of such stature than Spielberg? Yet, it opened this weekend and its box officer was tepid. Worse than that, it seems that the people most inclined to go see this new and improved version were olds who, like me, adored the original movie. Continue reading

How Do You Fix A Problem Like Latinx?

The title is a trick question, with apologies to Betteridge, because there is no problem.

Monday saw the release of yet another poll showing that the term “Latinx” is unpopular among Hispanic voters — only 2 percent preferred to use it, while 40 percent found it off-putting and 30 percent said they’d be less likely to vote for a politician who deployed it. Naturally, the rest of the week was spent arguing over how much this mattered.

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Krasner’s Wrong, But Not The Problem

There’s this thing that progressive criminal reform activists do that they just can’t not do. Deny body counts. Shoplifting stats can be argued, but you can’t make dead bodies disappear. And in Philadelphia, there are more dead bodies than there have been in years, 521 at the moment.

But other crimes are down? But there are still dead bodies. Philly DA Larry Krasner made the mistake, even if with the best of intentions, of denying the dead bodies. Continue reading

No Commission Recommendation, And No One Is Saved

In the Washington Post, it was Harvard prawfs Larry Tribe and former federal judge Nancy Gertner. In Time, it was Penn prawf Kermit Roosevelt. Will Baude did it at Volokh Conspiracy, and Keith Whittington did it in the Wall Street Journal. No doubt more members of President Biden’s Supreme Court commission will have something to say.

The Final Report was unanimously approved, largely because it fairly reflected the arguments proffered for and against various reform proposals and avoided issuing any recommendations, whether to do something or do nothing.

The Commission was not asked to make recommendations, and it did not. I hope it offers some helpful analysis of reform proposals surrounding the Court. Continue reading

Turning Student Loan Debt Into A Civil Rights Issue

It was kind of Jacob Sullum to save his Gertruding to the end of his post, even if he’s about a decade behind reality.

The ACLU continues to do good work in defense of civil liberties. But its embrace of wide-ranging progressive goals is clearly undermining the principles that made it distinctive and worthy of support from people who don’t necessarily agree with that agenda.

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Does Guilt Matter At The Jussie Smollet Trial?

The jury remains out in the trial of Jussie Smollet, which means that he is innocent and will remain innocent until a verdict is returned that removes the presumption of innocence. What that means isn’t that he is a hero or a victim, but innocent. When the allegations were first made that Smollet was the target of a racist attack, everybody jumped on the Smollet train. It was a ride too sweet to miss.

Vice President Kamala Harris, then a U.S. senator, denounced what happened as an “attempted modern-day lynching.” House Speaker Nancy Pelosi (D-Calif.) said it was a “homophobic attack and an affront to our humanity.” In a fawning interview, ABC’s Robin Roberts described Smollett as “bruised but not broken” and breathlessly concluded the segment with “Beautiful, thank you, Jussie.”

Even when evidence mounted that this was a hoax, some media figures lashed out at Smollett’s doubters. ABC’s “The Talk” host Sara Gilbert was irate: “I find so personally offensive that a gay Black man is targeted and then suddenly he becomes the victim of people’s disbelief.”

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With 1st Amendment Friends Like These

That Jameel Jaffer wrote an op-ed against laws in Texas and Florida seeking to limit and control the free speech of social media is hardly surprising. After all, Jameel is the Executive Director of the Knight First Amendment Institute at Columbia University. Of course he would be critical of laws that facially violate the First Amendment. After all, isn’t that the purpose of Knight-Columbia, to defend the…oh, crap.

The companies are right that the laws violate the First Amendment, but some of the arguments they are making are deeply flawed. If these arguments get traction in the courts, it will be difficult for legislatures to pass sensible and free-speech-friendly laws meant to protect democratic values in the digital public sphere.

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