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August 12, 2012



An interesting footnote can be found when studying Erie Railroad v Tompkins. I am directed to an undecided Supreme Court case titled Time Machine v Reality.

How exactly does the 1938 case make it back in time to overrule Swift v Tyson before Minor is heard? I do want to know.

My first guess was Mr Fusion, but that would be ridiculous.

JM Hanes

I don't see any ads on Hot Air -- or almost anywhere else -- because I use a Safari extensions called AdBlock. I'm sure there must be something similar for PCs.

Dave (in MA)

What time did the Depends™ truck show up yesterday at the Naval Observatory?

Frau Gartenspinne

Just do the guest room, hit, and make your bed--a little less than perfect. Mrs. hit will smile to see how much you did. My husband always has the bedding going the wrong way (from what I do), but then he is tall.

Dave (in MA)

My Chrome for Windows runs AdBlock Plus (Beta) as well as Tampermonkey with the Narcisolator add-on.


As with more than a few cases of the era, it may have been wrongly decided, ie; Miller


Ralph L

I wouldn't watch golf if you paid me
When I was a kid, I watched the Masters and the Triple Crown because they were the only TV programs that Cadillac advertised on.

At the time, my attempts at golfing were pathetic. My first time at a driving range as an adult was awe-inspiring (the ball went in the air!), but not enough to make me repeat it.


"I'll say it again, I H.A.T.E. the left."

Saw 3 people out campaigning for Obama at our friends town in Iowa today. Felt like asking them how they could justify harming their friends, neighbors and nation with the damage the Obama regime has inflicted on this great nation.
Clarice, your Pieces was great this morning.


"have you heard who plays Obama in the "I Killed Bin Laden With My Own Hands" movie??"

How many people died during the six months it took you to let the CIA kill Bin Laden.



my attempts at golfing were pathetic

Mine too. A hockey slapshot does not a good golfer make. And I a lot of slapshots were in my yute. Wristshots too!

Dave (in MA)

I should point out the irony in the fact that my neigborhood is surrounded by 3 golf courses and a church; religion being about the only thing that rivals golf in its ability to cause me to keep my eyelids apart. The good thing is that they're all quiet.


This has been such a busy day, I forgot all about it being my Mother's birthday. She would have been 102.

Danube of Thought

"How exactly does the 1938 case make it back in time to overrule Swift v Tyson before Minor is heard? I do want to know."

I'm not really sure what it is you want to know, but your entire question is gibberish. Every case that overrules another necessarily reaches back in time.

The short version is that Minor did not affect Swift, and Erie did not affect Minor, which was concerned only with whether the constitution granted women the right to vote. Held, it does not.

English common law was not germane. Swift and Erie addressed the applicability of common law in federal courts. The latter held that, if no federal statute is involved, state law--common or statute--applies.

I am not going to undertake to give you a legal education. You will have to do that on your own, and it is expensive. I would strongly urge you not to seek learning from very strange nutballs, who seem to be your only sources for discussion of what the law is. Random quotes from various opinions are s certain recipe for error.

Good luck.



"1.) Fire Kevin Madden

Not only has Kevin Madden been instrumental in coordinating attacks on Governor Palin, but just today he allowed himself to be pistol whipped by the White House who plans on using the Ryan budget as its campaign strategy against the Romney/Ryan ticket."

Romney needs staff people who can avoid supporting Democrats. Romney needs to get Sarah Palin out getting crowds excited about electing a Republican and defeating Obama.
As a Republican supporter, I am unhappy that Sarah Palin does not have a speaking role at the convention.

Ralph L

My block was surrounded by 6 churches, 3 on each side, but the Catholics moved to the sticks this spring after ~90 years across the street, often parking on my grass. A private school is moving in now, but they're small enough that traffic & parking won't be a mess, I hope.


You wanna know why Palin doesn't have a slot at the convention?

Because. She. Lost.

Coffee is for closers.

Look, I'm a Palin fan. But nothing looks worse than trotting out people who lost.

It ain't personal. It ain't some vast "keep Palin down" conspiracy. It's just how it is.

Danube of Thought

I think Romney is doing just fine, and I wouldn't prseume to criticize his campaign.



nothing looks worse than trotting out people who lost

McCain and Huckabee are speaking.

Dave (in MA)
But nothing looks worse than trotting out people who lost.

I hear ya, but:


Republican National Committee chairman Reince Priebus announced the following that will be given a speaking role:

Pam Bondi, Florida attorney general.
Jeb Bush, former Governor of Florida.
Chris Christie, Governor of New Jersey.
Ted Cruz, former Texas solicitor general and 2012 Republican nominee from Texas for U.S. Senate
Mary Fallin, Governor of Oklahoma.
Luis Fortuño, Governor of Puerto Rico.
Nikki Haley, Governor of South Carolina.
Mike Huckabee, former Governor of Arkansas.
John Kasich, Governor of Ohio.
Susana Martinez, Governor of New Mexico.
John McCain, United States Senator from Arizona and 2008 Republican nominee for President of the United States.
Sam Olens, Georgia attorney general
Rand Paul, United States Senator from Kentucky.
Condoleezza Rice, former United States Secretary of State.
Rick Santorum, former United States Senator from Pennsylvania and 2012 Republican candidate for President of the United States.
Rick Scott, Governor of Florida.
Scott Walker, Governor of Wisconsin.


Good Morning!


Just caught episode 1 of your latest FWD&Jane Podcast.

I don't know how you handle that show sometimes. Listening to Dick today made me want to drink heavily, and I can't imagine that you don't come home and wanna' get sloshed after every episode.

He constantly interrupts you, spouts simplistic nonsense as solutions, misstates your positions, paints every politician with a broad brush of idiotic equivalence that is completely divorced from reality, and is woefully uninformed about so many particulars as to drive one crazy. How in the heck does he not know that Lizzie Warren's daughter is tied in with the Welfare/Voter Registration in Mass? ---that Harry Reid's not from Colorado?--- That Dick Armitage spilled the beans first? etc.

In every episode Dick lets us know that if you Jane personally know anything about anything, it must be because the MSM did it's job and told you, therefore any of your criticism of the MSM as corrupt gateholders of information is illegitimate. He seems to have no inkling that an alternative source of news/investigation/information even exists outside of the MSM. Somehow he has missed the Internet and the Alternative Media Revolution. And this in a radio Talk Show host.

I don't know how you handle banging your head against the wall against such stunning close minded ignorance week after week, but somehow you press on. Tito's, I suspect.

He reminds me exactly of the crusty town drunk, permanently affixed in a local barstool, and under the delusion that everybody wants to hear his political opinion as often and as loud as possible.
Hopefully he's got a good heart under that crust.

Anyhow, just letting you know that in a couple hours I'm off for heavy imbibing in Hong Kong and if I get out of hand I blame Dick.

JM Hanes

In case anybody missed this photo on Drudge, Obama must be eating his heart out:

Romney & Ryan in Wisc


Well ,daddy I'm sure Jane sees it as an interesting challenge, worth having, and by explaining it gains a wider audience,


McCain and Huckabee are speaking.

As I said, nothing looks worse...


Yep, Narciso,

She always says that, but today's show was just tough to stomach, and I only did part 1. It is refreshing on the rare times when she gets Dick to view something from a different perspective, but it's sort of like turning the Titanic---takes a heck of a lot of banging away at the rudder to sway his mindless momentum of opinion.

Catchup begins now.

Danube of Thought

I sure love JMH with all my heart.


"...Minor, which was concerned only with whether the constitution granted women the right to vote."

Will an expensive university do a better job of answering the question you avoid with a passion?

Here it is again. What was the court referring to in Ex Parte Lockwood when the used the term "held?"

“In Minor v. Happersett, 21 Wall. 162, this court held that the word ‘citizen’ is often used to convey the idea of membership in a nation, and, in that sense, women, if born of citizen parents within the jurisdiction of the United States, have always been considered citizens of the United States, as much so before the adoption of the fourteenth amendment of the constitution as since;”

I hope to find out that the court was misinformed this time, and this time alone. It seems they are competent only when you pick and choose from their texts.


More like rightsizing the tanker with 7,000 hulls, over Pluto,

Ralph L

I find it hard to believe they didn't ask her; it would be stupid to alienate her fans. Either she really doesn't like Romney, or she thought the time slot was insulting, or she'll make a surprise appearance.


Ralph L, I've been leaning towards the surprise appearance. Paul Ryan will surely encourage this, IMHO. He is well aware of her grass roots drawing power and the millions (people and cash) she'd bring to the table.


You would think so, but they have made it quite plain, they don't want her anywhere near the convention, not a few of those speakers would not be in that position, in large part due to her efforts.


And here I thought my Alaskan bears were getting out of hand:

In Norway this week, a mother bear and three cubs broke into a cabin where they had “a hell of a party

"The ursine raiders ripped an entire wall off the cabin to get inside. They then proceeded to gorge, drink, and wreck the place (over 100 cans of beer.)"

"Nilsen’s mother and grandmother were the first to arrive at the cabin. They found the cabin “completely destroyed,” and reeking of urine, alcohol, garbage, and bears. The windows were plastered with bear prints, and bear excrement outside left no doubt: The mother and her bear cubs had a wild night."

Danube of Thought

"Will an expensive university do a better job of answering the question you avoid with a passion?"

Even a cheap mail-order one would set you straight almost immediately.

You repeatedly pose stupid questions, and repeatedly ignore my answers to them. I suppose I have seen this one at least a half dozen times before, but because my answers do no please you you ignore them.

I wonder if this ever occurs to you: the national bar, the courts, the press and the law schools are bristling with conservative legal scholars--and strict constructionists--from Robert Bork to Richard Posner to Andrew McCarthy to John Hinderaker to Glenn Reynolds. Does it trouble you even in the slightest degree that not a single one of them has ever evinced a shred of interest in the theories you advance? Do you ever reflect on why it is that those theories are advanced (always unsuccessfully) by the likes of Philip Berg, Orly Taitz and Leo Donofrio?

Why do you think that is so? Do all of those distinguished scholars, jurists, practitioners and commentators I have mentioned simply fail to bring to the issue the exquisite analytical skills that you, Leo and Orly possess, or could there possibly be a more plausible explanation?

I have seen the screwballs cherry-picking facts and quotations from every event from Dallas 1963 to 9/11. There is a guy who will prove to you beyond a shadow of a doubt that the plane that hit the Pentagon was actually an old Navy A-3--his detail is a marvel--and that the passengers from the flight were taken to a secret site in Ohio.

You are in a league with that guy.

Just tell me why you have not a single supporter who is not crazy. Please. And don't quote some stuff from a case the significance of which is beyond you, but instead identify some sane person who agrees with you. Just. One. Sane. Person.

(A) nuther Bub

You would think so, but they have made it quite plain, they don't want her anywhere near the convention

Who has made it quite plain, narciso? I haven't heard of anyone who has done so.

I don't think we have any idea of what takes place in the backroom discussions -- whether she has the desire to speak and is being stopped, or whether she's been asked and has declined. I can think of a couple of reasons it could be good for Romney to have her appear and several reasons it could be harmful to the ticket. She is revered by most of us at JOM, so I'm not sure we're in the best position to make a judgment about it.


With a fucking piss poor dipshit answer like the one you just gave you have the balls to send me on another mission?

Eat shit.

You know what Lockwood held.


Who has made it clear they don't want Palin? I haven't heard that. All I've heard is that she rented a booth outside the hall and announced she'd be holding court there and that was weeks ago. She won't even endorse Romney.


JIB has it right...



Nuther Bub,

Thanks for the Ben Cayetano update via E-mail.

For JOMer's who haven't followed it, our Hawaiian Rally went well, but we didn't quite push our candidate over the 50% mark where he wouldn't have had to face a Run-Off. Now he does, but (A)B thinks we have good momentum for the General, and it offers the possibility of me getting another opportunity to visit Hawaii and holler political slogans from a street corner with my new best buddies. How's that for an upside!


Maybe Fareed Zakaria is not a plagiarist.
Maybe he just is an exploiter of "research assistants" and got burned. Sounds plausible, not sure there is any direct evidence though.

(A) nuther Bub

You didn't hock your "Ben/Yes;Rail/No t-shirt in Sydney, daddy, did you? Hope not, cause we're counting on you to take us to 51 percent and, besides, I have three Big Swell IPAs left, and two Longboards. Hope those bears in Norway didn't inspire you however (yeah, they always blame the bears, don't they, damned Norskies. I did almost the same thing once, and only after a bottle of Aquavit). I think you should bid only Hawaii from now on. Big job, cleaning up all the bad politics here.

What time did the Depends™ truck show up yesterday at the Naval Observatory?

Dave in MA,

Love it! If they're smart (which is doubtful) and thrifty (which they're not), they'll place an order on auto buy with Amazon.



Next trip I got Paris and Athens layovers so I guess I have to try to fix the problems of those countries while you guys may just have to hold down Hawaii by yourself:( Bummer, but I'm confident you can do it.


Lol, daddy, well you've leaving Athens for last, so that's good, the Crowley tome on Venice, spends more than a few chapters on
the Serenissima's Greek colonies including
Heraklion and Naktapoulos, (Lepanto)and how
they lost them over time to the Ottomans, by the way there was more one battle of Lepanto,
besides the one that Don Quixote's author was a part of.


Much like those towns at the mouth of the Danube, they changed ownership a number of times.

Afterwards it was taken by Venice, who fortified it so strongly that in 1477 it successfully resisted a four-month long siege by a Turkish army of thirty thousand; in 1499, however, it was rumoured to have been sold by the Venetians to the Ottoman Sultan Beyazid II. Under the Ottomans, Naupactos was known as İnebahtı and was the seat of a Turkish sanjak. The mouth of the Gulf of Lepanto was the scene of the great sea battle in which the naval power of the Ottoman Empire was nearly completely destroyed by the united Papal, Spanish, Habsburg and Venetian forces (Battle of Lepanto, October 7, 1571). In 1687 it was recaptured by the Venetians, but was again restored in 1699, by the Treaty of Karlowitz to the Ottomans.


I put my niece's wedding photo from yesterday on the wrong thread, but I just have to share it with you. Right click the photo, then click on view image to see the entire photo of her and her husband. She's all grown up now, but I still see her as that beautiful little baby that I held in my arms years ago.

Have Blue

Any body wondering how Duda's "sources" got the VP call so wrong? It's almost as though he's a mouthbreathing, bragging, liar; or something.


Great photo Barbara!

Couldn't get it to open at the Pub so didn't get the effect of the full photo till just a moment ago. Beautiful and very positive!


Fox reporting that the contempt citation against Holder will be filed in the morning by the House of Rep.


"I am so in love."

I wonder if Florida will love him too.


Rep. Paul Ryan (R-Wis.) was met with boos at a Wisconsin town-hall event this week as he defended the Republicans' plan to extend Bush-era tax rates for the wealthiest individuals.

A video posted by the liberal site Think Progress shows a back-and-forth between Ryan and a constituent who, according to the site, described himself as a "lifelong conservative."

Suggesting the middle class is "disappearing," the man says the top 1 percent of income earners is taking in a far greater share of income. He asks Ryan, the architect of the House GOP's 2012 budget, why "we are fighting to not let the tax breaks for the wealthy expire."

There's "nothing wrong with taxing the top because it does not trickle down,” the man says.

“We do tax the top," Ryan replies, prompting hoots and boos from the audience.

The Ryan budget plan, which passed the House last week, would extend current tax rates, then reduce the corporate tax rate and the rate for the top earners from 35 percent to 25 percent.

President Obama's budget would allow the Bush-era tax cuts to expire at the end of 2012 for individuals making more than $200,000 and families earning more than $250,000.

This is one of many Town hall events that went badly for Ryan, so much so he stopped doing them.

I think it's time to introduce Paul Ryan to the United states of America and ask him to explain, in painstaking detail, his plan to lower taxes on the rich while asking everyone else to give up large portions of their entitlement benefits.





What a beautiful bride, they grow up so fast!

Daddy part 1 was particularly brutal. But you know, Dick "knows politics" which in his mind haven't changed since 1930.

Voldemort Delenda Est !                   Sandy Daze

I've been sending (not-as-well-informed as JOMers) friends emails with Subject lines saying:

Mr Ryan on Healthcare
Mr Ryan discussion with D W-S
Mr Ryan discussion with Geitner
Mr Ryan on Foreign Policy,
and then in the body, simply posting the YouTube Link.

Voldemort Delenda Est !                   Sandy Daze

That is:

Mr Ryan on Healthcare (6'12")

Mr Ryan discussing healthcare with D W-S (2'22")
Mr Ryan on the budget with Geitner (3'45")
and, as mentioned
Mr Ryan on Foreign Policy @ Hamilton Society 2 June 2011 (18'24")

I've been including the above image with the links.

Voldemort Delenda Est !                   Sandy Daze

No rocket science involved, everything above is derivative from what I have learned here, for instance JiB posting the healthcare vid early on, I think it was Clarice who posted to the Tatler piece which included a couple vids, and the MATH image which someone posted Saturday and Sara just above posted a tee-shirt version.

Thank you all.

Voldemort Delenda Est !                   Sandy Daze

BTW - My 7th & 8th Grade roommate (boarding school) is the news director at WISN NewsTalk 1130 Milwaukee. I don't know if Henry listens to this station, but I have started to do so, and I must say I enjoy it a LOT more than IMUS' show (WABC)- or the Morning Majority (WMAL), all of which I listen to over the internet or on my phone (personal communicator?).

WISN has had great local coverage of the R&R rally yesterday.

Captain Hate

Any body wondering how Duda's "sources" got the VP call so wrong? It's almost as though he's a mouthbreathing, bragging, liar; or something.

His "sources" are the voices in his otherwise empty head. Paying attention to that ignorant piece of human garbage is a waste of time. I'm surprised TM doesn't scoop him up with the Bard of Pitzer's mindless meanderings with the turd vac (although I think he has at times previously, judging from others referring to an absent comment, and the ignorant putz is too stupid to take the hint, which he said he would in the past so that identifies him as a classless liar also).

Having McCain and Huckabee stinking up the Repub convention and no inclusion of Palin is an insult to the only person worth voting for four years ago and her supporters. I'm really surprised the Priebus, whom I like, hasn't recognized what a strategic error this is; assuming he hasn't and has been ordered to shut up and take it by Duke and Duke. Palin has been a good trooper for other candidates who tend to do well in the subsequent elections. I don't see any advantage by her exclusion.

Voldemort Delenda Est !                   Sandy Daze

One only needed to hear McCain on FNS yesterday to know he is now, officially, a DOI (dottering old idiot).

I have great respect for his service, great respect for his sacrifice, great respect for holding this Great Republic in his heart.

But, he should have gone home in 2010.

Sad and pathetic. I feel bad even saying so, but his shelf life as a Senator has long passed its expiration date.


Barbara, the wedding photo is just lovely! Oh my goodness....that's the good stuff in life.

((How in the heck does he not know that Lizzie Warren's daughter is tied in with the Welfare/Voter Registration in Mass?))

This seems like a great example of a positive side of Dick being on the show. If he doesn't know, then lots of people in Mass. don't know. Being a JOM/news junkie can make me not realize how little a busy person may know about the outrages we are all familiar with.


Sandy, WISN radio is my default channel. They will have a friend of mine on at 7:00 or so- he's with the Romney campaign in WI.

Voldemort Delenda Est !                   Sandy Daze

Posted at 09:00 AM ET, 06/03/2011
Paul Ryan’s foreign policy vision
By Jennifer Rubin


This [speech to Hamilton Society] should dispel any doubts as to whether Ryan is simply a “budget guy.” He is, rather, one of the few politicians on the national stage who can weave specific policy themes with particulars and can demonstrate the connection (misunderstood or entirely missed by some of the GOP contenders or former contenders) between conservative economic principles and American foreign policy and values. And who else could get the support of the Hamilton Society and Tea Partyers?

Fourteen months ago. . .

Voldemort Delenda Est !                   Sandy Daze

Thanks, Henry, am listening now. Ken Herrera is my guy there.


Sandy, Ken is on while the coffee pot boils -- my first news of the day.

Voldemort Delenda Est !                   Sandy Daze

Henry - Your man is the director of the WI Romney campaign. . . speaks well.

WI is, gosh, at the tip of the spear in the conservative revolution. Amazing, who would have thought. Walker, Ryan, Priebus.

BTW - good friend of mine from Iraq, John Scocos, is also from your area. He danced with the prog left, but apparently won.


Sandy, Scocos was a prime target for the progs in their recall flailing. I never met him, but he always seemed a stand-up guy to me.

Voldemort Delenda Est !                   Sandy Daze

Rock solid. IIRC, was WI State Director of Veteran's Affairs and when he deployed to Iraq for a year, the progs replaced him with someone who had never served, and then began to reduce WI veterans' benefits, etc. Said he had no right to the position when he returned, because he had left the position to deploy to a war ! A great guy and a fine American.


Morning all.

Janet,that's exactly it. There are lots of smart people out there busy as all get out with their jobs and families and that's why Jane's patient introduction of the facts to the lamebrain is so valuable.

When I write, I try to write to that audience, not as so many right wing writers do, to each other.

Manuel Transmission

I received a link from a friend to a wonderful speech by John Gardner that is some of the finest soul searching I have read in a very long time. LUN

"Meaning is not something you stumble across, like the answer to a riddle or the prize in a treasure hunt. Meaning is something you build into your life. You build it out of your own past, out of your affections and loyalties, out of the experience of humankind as it is passed on to you, out of your own talent and understanding, out of the things you believe in, out of the things and people you love, out of the values for which you are willing to sacrifice something. The ingredients are there. You are the only one who can put them together into that unique pattern that will be your life. Let it be a life that has dignity and meaning for you. If it does, then the particular balance of success or failure is of less account."

--Posted by: Barbara | August 13, 2012 at 02:37 AM--

Wanted not only to agree the bride and groom are a delightful couple but also to note the beautiful smile of the gal with the glasses in the background.

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