Year End Reflections, Part VI (A Personal, and Very Brief, Look Back)

I turned 70 this past year.  That's a big birthday.  Upon hearing of this birthday of mine, some expressed dismay at my "advanced" age.  I did not share those sentiments.  On the contrary, I thank G-d for each and every day.  I have been to far too many funerals of young people and middle-aged people to understand that there is no guarantee of tomorrow.  So I celebrate my age.

My physical condition is another matter.  My cervical spine has been a pain in the neck (a little humor) for over 20 years.  Mostly physical therapy on and off.  But after having a second cervical epidural injection this year, with only slight improvement, my pain management doctor referred me for a cervical MRI.  Upon seeing the results, he referred me to a neurosurgeon.  

According to the neurosurgeon, the MRI showed no significant deterioration in the neck since the last one in 2019.  He also suggested that surgery would be problematic, as he would only be able to access two of the four levels that are most troublesome.  However, as he found no significant neurologic deficits, and good muscle strength, the decision was made to avoid surgery.  Rather, he prescribed physical therapy and exercises, and a return to the pain management doctor for a possible third epidural vs facet blocks.  In the meantime, for those who know me, you know that I keep working and plugging along.

I do not believe that I lost any friends as a result of political differences this year.  Those on the left who could not tolerate my conservative view of the world and/or could not accept that I voted for Trump (twice) have previously abandoned our friendship.  It appears that a budding friendship with a colleague has ended as a result of my "aggressive" actions on behalf of a client.  This colleague is the opposing counsel.  Disappointing, but I cannot say that I am not used to it.

Of course, the highlight of the year was the birth of our granddaughter.  She is so precious.  She is so adorable.  I immediately fell in love with her.  She will soon be six months old.  But she has never (almost never) seen my face.  (Okay, hold the jokes.)  That is disappointing and upsetting.  I only pray that I live long enough to really be able to get to know her, and her me.  G-d willing!

 

Year End Reflections, Part V (Some Additional Year End Quotes)

In commenting on the rapid increase in violent crime, especially the smash and grab offenses, Speaker of the House Nancy Pelosi told us this:  "It's absolutely outrageous.  Obviously it cannot continue...But the fact is there is an attitude of lawlessness that springs from I don't know where..."  I don't know where?  Hmm.  Maybe Madam Speaker you've heard of the defund the police movement.  Maybe you've heard about police quitting their departments across the country, and the poor morale.  Maybe the lack of support from politicians is a problem.  What about no bail?  What about steal under $950 and you get to walk?  And what about left-wing prosecutors who will not prosecute?  But she did tell us with Obamacare that "we have to pass the bill so that you can find out what is in it," so... 

In criticizing the NFL's support for entities that support defunding the police, the National Sheriffs Association said this:  "Perhaps they (NFL officials) could spend one night in a cruiser or a jail to see the horrendous effects of runaway crime."  And:  "Or they could look into the faces of the victims of crime who are white, black, brown, men, women, elderly, kids, poor, rich and every demographic in America."  You paying attention, Madam Speaker?

Judge Terry Doughty is a federal district court judge.  In blocking Biden's vaccine mandate for private businesses, he wrote these wise words:  "If human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency."  The judge's injunction was subsequently lifted by the Circuit Court of Appeals.  It will be up to SCOTUS to decide the issue.

And, to end on a happy note, and apropos to this season, here is a letter to the editor of the New York Sun by one Virginia O'Hanlon:  "I am 8 years old.  Some of my little friends say there is no Santa Claus.  Papa says, 'If you see it in the Sun, it's so.'  Please tell me the truth, is there a Santa Claus."

Here is the paper's reply, in part:  "Yes, Virginia, there is a Santa Claus.  He exists as certainly as love and generosity and devotion exist, and you know that they abound and give to your life its highest beauty and joy.  Alas! how dreary would be the world if there were no Santa Claus!  It would be as dreary as if there were no Virginias.  There would be no childlike faith then, no poetry, no romance to make tolerable this existence.  We should have no enjoyment, except in sense and sight.  The eternal light with which childhood fills the world would be extinguished..."

"...No Santa Claus!  Thank G-d! He lives and lives forever.  A thousand years from now, Virginia, nay 10 times 10,000 years from now, Virginia, he will continue to make glad the heart of childhood."  

The Sun's reply to Virginia was, of course, published on September 21, 1897.

Merry Christmas to all!

Year End Reflections, Part IV (Some Year End Quotes)

Dr. Monica Casper is the Dean of Gender and Women's Studies at San Diego State University.  San Diego State is part of the Cal State University system.  Here is a recent Tweet:  "Just so we're clear on the Right's agenda:  racism good, abortion bad, money good, women bad, capitalism good, sustainability bad, stupidity good, science bad, power good, equality bad, white people good, nonwhite people bad.  Stench indeed."  There is so much wrong with this Tweet that I could do an entire post on it.

Conservatives do not view people as members of a race in assessing whether they are good or bad.  We know some whites are good and some are bad - the same as for any race or ethnic group.  Capitalism is good (I didn't say perfect) as it has lifted more people out of poverty than any other economic system.  Abortion bad?  Yes, at times.  But I have discussed that issue in recent posts.  Women bad?  Is she the example?  She is a Dean at a state university.  Clearly she sees no problem in alienating and insulting much of the student body.  Stupidity good?  She is proof that it is not.

In the 12/20/21 New York Times was short letter to the editor by a medical doctor.  "...in my opinion, with very rare exceptions, no critical care or intensive care beds should be given to unvaccinated patients being treated for Covid-19."  That is reprehensible.  What's next, asking if the patient voted for Trump?  Or is a conservative?  I wonder if he ever treated AIDS patients and told them "well, you brought it upon yourself."  

Recall that Darrell Brooks is the man who drove his car into a Christmas parade in Waukesha, Wisconsin.  He killed 6 people and injured over 60 more.  He had also posted online "Hitler was right...did the world a favor by killing..." Jews.  Here was a CNN Tweet about the terrible event:  "Waukesha will hold a moment of silence today, marking one week since a car drove through a city Christmas parade, killing six people and injuring scores of others."  You just can't trust those cars.  You never know when they're going to decide to drive into a crowd of people.  What CNN declined to say was that a Brooks is a black man who drove his car into the Christmas parade.  

Steven Spielberg produced a remake of "West Side Story."  He stated that it was his intention "to hire a totally Latino, Latinx cast to play the Shark boys and girls."  Boys and girls?  Whatever.  Anyway, in explaining why he chose not to use English subtitles for those who do not speak or understand Spanish, he said this:  "If I subtitled the Spanish, I'd simply be doubling down on the English and giving English the power over the Spanish."  I have to say, I'm proud of the fact that I have no idea what he is talking about.  But I do know that it is some politically correct and woke nonsense.  Although I would ask him - are you in favor then of getting rid of "press 1 for English?"  

Former, but then, Israeli Prime Minister Benjamin (Bibi) Netanyahu had congratulated Biden on his election victory, as is customary for world leaders to do.  Here was Trump:  "He (Bibi) was very early (in congratulating Biden).  Like earlier than most.  I haven't spoken to him since.  Fuck him."  Actually, Bibi was not early in congratulating Biden.  Many other world leaders had already called Biden.  But Bibi was gracious anyway, saying he "really appreciates" the support Trump gave to Israel.  It's just too bad that Trump will never get past his own ego.  

Many Democrats have been highly critical of Joe Manchin for his refusal to support Biden's Build Back Better legislation.  Of particular note is the nasty Tweet by Bette Midler:  "What Joe Manchin, who represents a population smaller than Brooklyn, has done to the rest of America, who wants to move forward, not backward, like his state, is horrible.  He sold us out.  He wants us all to be just like his state, West Virginia.  Poor, illiterate and strung out."  Typical elitist condescension.  I dare say there are many poor and illiterate people who possess greater common sense and wisdom than doth Ms. Midler.

Saying that West Virginia has less people than Brooklyn only serves to reflect her lack of understanding and/or appreciation for our federal system.  Brooklyn has more people than 15 states (not only West Virginia) and Washington, D.C.  So what?  New York City, at approximately 8.8 million people, is more populous than all but 10 states, with New Jersey being in a tie.  Again, so what?  I would bet that she never had any concern for the utterances of one Bernie Sanders, a Senator from Vermont.  Yet Vermont has only 623,251 people, as compared to West Virginia's 1,767,859 people.  And, when it comes to being "strung out," Vermont is not exactly a shining example of a drug free state.

As for the wisdom of Build Back Better, that will have to wait for another post.  However, the Democrats have only themselves to blame with their massive pieces of legislation (think the Affordable Care Act).  I suspect that they could have gotten bipartisan support for individual pieces of that legislation, had they simply broken it up into separate bills for each of the issues contained in their massive bill.  They did, after all, get bipartisan support for the infrastructure bill.  But now, they talk as if it's the end of the world.  Unlike John McCain, heralded as a Maverick by the left, Joe Manchin gets no such accolades.  Rather, it is typical gloom and doom, and fearmongering, from the Democrats and the left.          

     

Year End Reflections, Part III (A Look Back at 2021)

 Who knew we would be living in the never-ending world of Covid?  As the world was reopening, and many people were returning to some sense of normality, along came the Omicron variant.  So far, it sounds as if Omicron spreads more easily, but is less serious.  We certainly hope that is the case.

So what stands out politically for you as you look back at 2021?  If you are a liberal/Democrat (and I've heard from a few about this) it is Trump and January 6 and insurrection.  For some on the left, there is no other news.  The world ended on January 6.  But what if you are a conservative/Republican?  How has 2021 gone under President Biden?

Of course, Afghanistan stands out as a total fiasco.  And our willingness to abandon the Afghanis has only served to embolden Iran, Russia and China.  Immigration?  In July, 2021, there were about 200,000 illegal entries into the U.S. - the highest monthly total in about 21 years (according to Pew).  And as of 10/22/21, the New York Times reported a record of 1.7 million illegal entries into the U.S. in the prior 12 months - most of which were under Joe Biden.  Recall that during the campaign Biden said the country could easily absorb another 2 million people.  Which misses the point entirely of having a sovereign country with borders.

Inflation?  In November, the inflation rate was 6.8% - the highest since June, 1982.  Inflation acts as a tax on the spending power of Americans.  So how about Covid?  Here's Joe Biden in October, 2020:  "We're eight months into this pandemic, and Donald Trump still doesn't have a plan to get this virus under control.  I do."  What's his plan?  Get vaccinated with one of the vaccines which Trump helped get to market in record time.

And what about Biden criticizing Trump's travel ban?  Biden in 2020:  "We are in the midst of a crisis with the coronavirus.  We need to lead the way with science - not Donald Trump's record of hysteria, xenophobia, and fearmongering."  Yet on 11/26/21 Biden ordered a ban on travel from people who had been in Botswana, Eswatini (I didn't know either, formerly Swaziland), Lesotho, Malawi, Mozambique, Namibia, South Africa and Zimbabwe.  Is Biden a racist?  

Crime?  Out of control.  Where is Biden's legislative proposal to deal with that?  Critical Race Theory?  Biden has infused all aspects of the federal bureaucracy with this divisive ideology.  Energy independence?  No more.  And just how well has Biden done with Covid?  Well, more people died from Covid in 2021 under the Biden Administration, than in 2020 under the Trump Administration.  Doesn't matter.  All my friends on the left will blame Trump for the 2021 deaths as well.

There are few, if any, comparisons of another President's first year in office going so poorly.  Perhaps Jimmy Carter.  Not a comparison to which one should be proud.  I have said that I do not want Trump running in 2024.  But if the election ended up being between Biden and Trump...  

 

Year End Reflections, Part II (Abortion Rights at SCOTUS)

Imagine my surprise when, while eating my breakfast, I turned on the TV last Wednesday morning and found myself listening to oral arguments at the Supreme Court in the case of Dobbs vs Jackson Women's Health Organization.  While there was no video, only audio, I could not recall another time where I was able to listen in on arguments at the Supreme Court.  As an attorney, I was fascinated.  

Allow me to start with what should be obvious, but maybe not.  Neither side argued "morality" or religious doctrine.  While much of our society, and laws, are founded in Judeo-Christian doctrine, we are not run as a religious country.  Our government is, and should be, a secular one.  

The Dobbs case involves a Mississippi statute banning most abortions after 15 weeks.  (See the October 5, 2021 post for a discussion of this and the Texas abortion law, which banned abortions after 6 weeks.)  The 15 week limit conflicts with the 1973 decision in Roe v. Wade, allowing abortions prior to the date of fetal viability, generally considered to be at 24 weeks.  (Some would argue now as early as 22 or even 20 weeks.)  In Planned Parenthood v. Casey (1992), the Supreme Court added (modified Roe?) an "undue burden" on abortion rights standard.

Arguing on behalf of Mississippi was their Solicitor General, and opposing was the US Solicitor General and counsel for Jackson Women's Health.  The pro abortion side argued that Roe should be treated as a "super precedent," akin to the 1954 decision in Brown v. Board of Education.  Brown overturned the 1896 decision in Plessy v. Ferguson, which had held racial segregation laws that were "separate but equal" were constitutional.  Brown reversed that decision.  I am reluctant to declare any court decision a "super" precedent.  If it is deserving of that nomenclature, then perhaps the proper approach is to add a constitutional amendment based upon the Court's holding.  

Justice Amy Coney Barrett asked whether or not the so-called "safe haven" laws obviate the need for abortions.  There are safe haven laws in all 50 states, although the terms vary somewhat state to state.  Generally, a woman or legal guardian is able to drop off a newborn baby at a fire station or hospital and, assuming no issues of child abuse, they can remain anonymous and not face any legal charges.  

Chief Justice Roberts tried to keep the arguments focused on Mississippi's 15 week rule which was technically the only issue before the Court, even though there was much argument on both sides on the overturning or upholding of Roe v. Wade.  Roberts wanted to know if 15 weeks was an undue burden, and why it would be considered a significant departure from the 24 weeks allowed by Roe.  I do not believe Roberts wants to explicitly overturn Roe.  

Justice Kavanaugh inquired why the Court should even be involved in the abortion issue, suggesting that the Court remain "neutral" on the issue.  It would seem that "neutral" would necessitate the overturning of Roe, and leaving the decision to the States.  Although, I imagine Pelosi and Schumer would immediately pass federal legislation permitting abortions consistent with Roe, if the Court overturned Roe.

Justice Sonia Sotomayor was having none of it.  She was outraged at the mere possibility that the Court might reverse Roe based upon a change in the make-up of the Court.  After all, President Trump ended up being able to appoint three justices to the Court (Gorsuch, Kavanaugh and Barrett).  Sotomayor:  "Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?...I don't see how it is possible."

In the October 5 post, I opined that I thought the Court would not overturn Roe, with a 6 to 3 vote.  Listening to the arguments (not all of it) I am inclined to slightly amend that opinion.  There is a chance that the Court will uphold the Mississippi statute's 15 week limit, without expressly reversing Roe.  In other words, abortion would still be a constitutional right.  And, they would need to declare that the 15 weeks is not an undue burden, consistent with Casey.  If Roberts is able to get a majority to agree with that, he would like assign the writing of the opinion to himself, in order to guarantee that Roe was not overturned.

Year End Reflections, Part I (In Case You Had Any Doubt)

I certainly had no doubt, especially given the number of times that people on the left stopped being friends with me because of political differences.  But now I have located poll numbers to prove it.  People on the left are far more intolerant than people on the right.  Does this really surprise anyone?

An Axios poll of college students conducted last month is quite revealing.  71% of Democrats would not go on a date with the someone who voted for the opposing party's presidential candidate, while only 31% of Republicans felt the same way.

41% of Democrats said they would not shop at, nor support a business, who voted for the opposing candidate.  But only 7% of Republicans agreed with that.  And while 30% of Democrats would not work for someone who voted for the opposing party, only 7% of Republicans concurred.

And, perhaps most telling, 37% of Democrats would not be friends with someone who voted for the opposing party, a mere 5% of Republicans agreed with that position.

A Pew Research poll of all adults from 2019 bears out the same findings.  43% of "single and looking" Democrats would not be willing to be in a relationship with a Republican.  But only 24% of Republicans described an unwillingness to be in a relationship with a Democrat.  

Now, some may argue these differences are all due to Trump/Trump derangement syndrome.  Maybe in part.  But some commentators have long discussed the fact that Democrats think Republicans are evil, while Republicans tend to think that Democrats are wrong.  And Axios commented on the fact that some Democrats simply believe their issues - such as abortion, LGBTQ rights, and immigration - are more important than any issues Republicans care about.  I guess that means things like free speech, liberty, less government involvement in our lives, capitalism and the like, are relatively unimportant. 

One thing is certain.  I have not ended any friendships with those holding opposing political beliefs.  But that has not stopped friends and colleagues of 25 years, 30 years and 40 years (3 different individuals) from ceasing their friendships with me - simply providing yet more examples of left-wing intolerance.    

Why I Now Oppose Capital Punishment

Just this month, Oklahoma Governor Kevin Stitt granted clemency to a Julius Jones, reducing his death sentence to life in prison without the possibility of parole.  Jones had been convicted in the 1999 shooting death of a businessman, during a carjacking.  Not surprisingly, Jones claimed that he was innocent.  I am not familiar with the underlying facts of the case, beyond the few words stated here.  And while I believe that such a crime is deserving of the death penalty, I nevertheless believe that the Governor made the right decision.

Also this month, I saw that the two men convicted in the killing of Malcolm X were recently exonerated.  Malcolm X was killed in 1965.  But evidence was disclosed that the NYPD and FBI withheld key exculpatory evidence.  While both men were released from prison (one in 1985 and one in 1987) they had to live with the stigma of being convicted murderers.  One is now 83 years old, while the other died in 2009.

And, in a case much closer to home here in California, is the story of Craig Coley.  Coley was convicted of killing 24 year-old Rhonda Wicht and her 4-year old son, in Simi Valley.  Coley had dated Wicht for two years, but they had recently broken up before the murders.  And a witness said they had seen Coley and his truck at Wicht's apartment building after hearing a disturbance.  Coley was promptly arrested.  The young police officer who was directed by a superior to arrest Coley has since become a dear friend.  But, Coley ended up serving 39 years in prison for crimes he did not commit.

In November, 2017, former California Governor Jerry Brown issued a full pardon, declaring Coley to be innocent of the crimes for which he was convicted.  The dedication of a single detective, Michael Bender, ultimately led to the discovery of evidence which, through DNA testing, showed no sign of Coley's DNA.  Furthermore, three officers testified that the original investigation was mishandled at best, or that Coley was framed at worst.  

But for the dedication of Detective Mike Bender, who saw problems with the case from the beginning, and but for his tireless pursuit of the truth for years and decades, Coley would have died in prison.  (The arresting officer is of the belief that the prosecutor was not getting favorable responses from the jury pool with regards to the death penalty, and therefore sought life without parole.)  Coley has made peace with that young officer who arrested him on the orders of a superior.  That same officer also helped Detective Bender in his investigation, whenever possible.

I do not know how many detectives like Mike Bender there are in police departments across the country.  I do not know how many police officers and detectives will spend as much time as necessary to learn the truth about a suspected criminal, in order to see that justice is done.  I certainly hope that the vast majority of officers would do that.  Coley got out of prison at age 69 or 70, after 39 years in prison.  The state paid him a settlement of $2 million, and Simi Valley paid him $21 million.  Thankfully, he gets to live out his remaining days as a free man, without any need to worry about how he will support himself after 39 years behind bars.  A death sentence would not have allowed for any of this to happen.  That injustice would have been irrevocable.  And unacceptable.