Two lawyers in their early 30s threw a Molotov cocktail into a police car. There were no cops inside, which may have mattered or not, but at least they killed no one when they chose, in their self-indulgent passion, to throw a bomb. They have now pleaded guilty to the crime, so they no longer enjoy the presumption of innocence. And they are no longer lawyers.
Bostock’s Consequence: Confusion
At Slate, Mark Joseph Stern loses his mind over the absurdity of it all.
There are many other statutes that bar sex discrimination, and the Biden administration has declared that many of these measures protect LGBTQ people under Bostock. Yet Trump Judge Matthew J. Kacsmaryk keeps halting Biden’s implementation of the Supreme Court’s decision. The judge’s latest salvo came on Friday, when he ruled that neither the Affordable Care Act nor Title IX protect LGBTQ people. This conclusion is a head-scratcher because the ACA (which bars health care discrimination) and Title IX (which bars discrimination in education) forbid sex discrimination, just as the Civil Rights Act does. So what’s the difference? Continue reading
Tuesday Talk*: Cashing Out
After my wife and daughter finished their delicious breakfast, they went to pay the tab only to learn that the restaurant didn’t accept plastic. Of course, that’s their right as there is no rule that they need to finance Visa and Mastercard, but it put them in an awkward position as they don’t carry much cash these days.
Fortunately, they were able to find enough to pay by scrounging for pennies at the bottom of a purse, but what would have happened had they not had the cash? No doubt regulars knew the rules, but there was no warning on the door or menu that only cash was accepted, so how would they know? Continue reading
Saving FACE: Alerting Students and Parents To The Risk
Last Saturday, I was the keynote speaker at a conference of FACE, Families Advocating for Campus Equality. It was a sobering experience in a great many ways, meeting many parents and students who have been through the wringer of being wrongfully found responsible for sexual misconduct of some form or another and having to deal with the consequences.
While the deal is that nobody talks about fight club, one of the themes that emerges was how to inform new students and their parents of the Kafkaesque nightmare of campus sex inquisitions. Concern for this issue has been greatly exacerbated by the impending shift in rules under Catherine Lhamon, Biden’s head of the Department of Education’s Office of Civil Rights, who is determined to undo the minimal due process provided under the DeVos rules, perhaps the only thing the Trump administration got right. Having spent a decade fighting to give the accused a chance to defend themselves, the whiplash felt by Lhamon’s malicious undoing of the reform is painful. Continue reading
Short Take: Chappelle Said “The Jews”
Before they had any clue what he would say, the writers at Saturday Night Live were ready to storm the castle, because Dave Chappelle, black comedian though he may be, was in the evil category because he continued to make jokes after the new taboos went into effect.
He last hosted the sketch comedy show in 2020, well before Netflix released his 2021 special “The Closer.” It angered some viewers because many of Chappelle’s jokes were aimed at the trans community. For example, he intentionally misgendered a trans friend and fellow comedian for laughs.
Seaton: Dead Body Disposal
The “rib,” or practical joke, is as integral to professional wrestling as a headlock. With long road trips common in the business and weeks sharing the same locker room with the same guys, ribs were a way to relieve tension and provide much needed laughter among the boys.
Ribs take many forms. They can be as simple as rubbing Tiger Balm all over someone’s clothing or as elaborate as removing the engine from a wrestler’s car.
And then there were guys like Jackie and Don Fargo, who took it to another level. Continue reading
Short Take: Nary A Crumb
Back in the ’60s, underground comix were very cool, and the coolest were done by R. Crumb. Remember Mr. Natural? Zap comix, violating taboos whenever possible? Wild stuff for wild times, representing the exuberance of counterculture youth rejecting the constraints of the Silent Majority’s rules through nasty, ugly, cutting satire. Remember?
Was Slavery Really On The Ballot?
Five states had propositions on the ballot to remove “slavery” from their Constitutions. Four passed, and the fifth, Louisiana, was a poorly drafted change that found little support on either side the issue. Wait, you say. Side? What side could there possibly be that was in favor of state constitutions permitting slavery? I mean, it’s slavery. Didn’t we fight a war to rid ourselves of slavery?
The Thirteenth Amendment to the Constitution contains a clause of which many are unaware. Continue reading
Democracy, Good And Hard
As of this writing,* it appears that there will not only be no “red wave” from the midterms, but it may turn out that Biden’s Dems may have the best outcomes of any election in the last 20 years. It’s possible that the GOP will eke out a majority in the House, though it appears that the “quality candidates” blew the Senate. Who thought Herschel Walker was a viable candidate for senator, other than a pathetic fraud whose sole concern was fealty to him personally?
As Mencken said, “Democracy is the theory that the common people know what they want, and deserve to get it good and hard.” Maybe the common people aren’t as stupid as some would have us believe. There are, of course, many elected who are fools and knaves, if not both, but there are always outliers and they don’t change the bigger picture. Continue reading
Twelve, Neither More Nor Less
Why twelve? Why not 14 or 10? It’s not an unfair question but for the fact that a number existed at the time the Bill of Rights was ratified that was so deeply embedded in common law history and tradition that it was accepted as the number of people that made up a jury for the trial of serious criminal offenses.
And while scholars may debate the precise moment when the common-law jury came to be fixed at 12 members, this much is certain: By the time of the Sixth Amendment’s adoption, the 12-person criminal jury was “an institution with a nearly four-hundred-year-old tradition in England.”


