


(All today's pics: here.)
I wonder if anybody else remembers the Garnett Mimms hit, Cry Cry Baby, that briefly lit the charts in about what 1964? Janis Joplin later covered it, but Garnett Mimms had such a wonderful range in his voice. Mimms is still alive, but I bet he can't still sing like he did then. What an athletic, operatic voice for lovely rock. We should turn it on for all our Democratic friends who have come home crying that they lost again.People do need to grieve when they've lost, but an invitation to cry coming from the winners is more of a taunt. And I've spent so many nights, reading comments on this blog, and so many times, lefties have countered the complaints of righties by saying things like "whine and bitch, whine and bitch," "call the wahmbulance," and "waaaaaaahh." It's meant to rub it in, and it's not Mimmsy at all.
An independent investigation is called for, if for no other reason than to clear the air and to recommend procedures to ensure such errors don't happen again. Just as many Wisconsin officials have ignored or downplayed evidence of vote fraud (see the Milwaukee Police Department's 2008 detailed investigation) so too have sloppy election procedures been allowed to fester in some counties.Translation: Republicans should embrace and leverage the Democrats' fears.
If the mistake was innocent, it resulted from a lack of transparency.... [T]his should be a wake-up call for the state's election officials. It's time that Wisconsin update its election laws for the 21st century. Ideas from both major parties -- ranging from Democratic suggestions that county clerks not be elected as partisan officials to GOP objections to the practice of allowing voters to register and vote at the same time on Election Day -- should be on the table.





A tree-climbing bandit attempting to break into a Brooklyn home Thursday died after a branch snapped and sent him plummeting to the ground...
Here's what I expect: With Prosser in the lead, the claims of fraud on the Republican side will stop. The Democrats will not raise claims of fraud even if they contest the election.How simple life would be if your side stuck to neutral principles and the other side kept cranking out evidence of hypocrisy.
UPDATE: I already may need to take back the last part of this post: looks like Dems may soon start playing fraud card in WI Sup Ct race, focusing on the clerk who found the lost votes.
So it's probably not a gay caveman after all, merely a Bronze Age Bea Arthur.EDH said:
What a letdown.
We have rare prehistoric video!
I think it's inappropriate and unethical for Fox News to have candidates for public office on the night before an election, because it's a clear attempt to manipulate the election results. Prosser gets to throw bricks at Kloppenburg for free -- including defending himself on accusations that he failed to prosecute a child-abusing priest...
Greta brought up the dirty story of Prosser calling the Chief Justice of the Wisconsin court a "bitch' and threatening to "destroy her". Watch how [Greta] phrases the events. Calling the Chief Justice a bitch is not as bad as having somebody snitch on you. ya know. It was all a TRAP to ensnare him! Right.So... Prosser got a chance to defend himself from the vicious attacks, and no one was there to push back from the attack side, because Kloppenburg didn't have the nerve to enter the scary enemy territory that is the Greta Van Susteren show. And in Amato's view that is "inappropriate and unethical." Ridiculous.
"I'm thankful that this error was caught early in the process. This is not a case of extra ballots being found. This is human error which I apologize for, which is common," Nickolaus said, her voice wavering as she spoke to reporters.It's interesting to go back and look at Kloppenburg declaring victory yesterday:
UPDATE, 11:35: Concentrating on the AP numbers, looking at which counties still need to report, I'm irritated by the way Waukesha (strong for Prosser) and Dane (strong for Kloppenburg) seem to be holding out, like it's a game of chicken. Right now the candidates are 50-50%, with Prosser up 6,000+. It's been seesawing back and forth, with Kloppenburg up some of the time. To my eye, it looks as though there are more votes left to report in the places that are pro-Prosser, so I think in the end Prosser will squeak by.
UPDATE, 11:43: Dane (Madison's county) is nearly all in. I don't see how Kloppenburg can net more than about 3,000 with what's left of Dane. Waukesha is now shown as completely in, but the numbers didn't change, so I think something may have been misreported. I took the trouble to do a calculation and was going to predict that Prosser would net 40,000 more votes in Waukesha. What happened?
Winnebago County's numbers say Prosser received 20,701 votes to Kloppenburg's 18,887. The AP has 19,991 for Prosser to Kloppenburg's 18,421.ADDED: I wonder if the concept of fraud is suddenly much more appealing to certain people.
The new numbers would give Prosser 244 more votes, or a 40-vote lead statewide.
Instead I find femininity -- the assumption that women are incapable of fending for themselves in the marketplace of epithets or ideas, the belief that women are rendered helpless by misogynist speech and the sexist tantrums of their male peers....
What accounts for such feminine timidity, this instinctive unwillingness or inability to talk or taunt back, without seeking the protection of university or government bureaucrats?...
Decades ago, when Catherine [sic] MacKinnon, Andrea Dworkin, and their followers began equating pornography with rape (literally) and calling it a civil-rights violation, groups of free-speech feminists fought back, in print, at conferences, and in state legislatures, with some success. We won some battles (and free speech advocates in general can take solace in the Supreme Court's recent decision upholding the right to engage in offensive speech on public property and public affairs). But all things considered (notably the generations of students unlearning liberty) we seem to be losing the war, especially among progressives.
She was even willing to spend some time offering a "hypothetical" to make her point -- just like they taught her at Harvard Law School. Justice Kagan wrote:Well, that is really spiffily written, but I don't see enthusing about her being "even willing to spend some time" writing it. Settle down, Andy. But you see why he's excited, don't you? It's been so demoralizing to liberals to have Justice Scalia writing readable, quotable dissents all these years while the other side of the Court has been so... boring.
Our taxpayer standing cases have declined to distinguish between appropriations and tax expenditures for a simple reason: Here, as in many contexts, the distinction is one in search of a difference. To begin to see why, consider an example far afield from Flast and, indeed, from religion. Imagine that the Federal Government decides it should pay hundreds of billions of dollars to insolvent banks in the midst of a financial crisis. Suppose, too, that many millions of taxpayers oppose this bailout on the ground (whether right or wrong is immaterial) that it uses their hard-earned money to reward irresponsible business behavior. In the face of this hostility, some Members of Congress make the following proposal: Rather than give the money to banks via appropriations, the Government will allow banks to subtract the exact same amount from the tax bill they would otherwise have to pay to the U. S. Treasury. Would this proposal calm the furor? Or would most taxpayers respond by saying that a subsidy is a subsidy (or a bailout is a bailout), whether accomplished by the one means or by the other? Surely the latter; indeed, we would think the less of our countrymen if they failed to see through this cynical proposal.
Mr. Obama criticized “high-stakes” tests last week at a town-hall-style meeting, contrasting them with less-pressured tests his daughters took in their Washington private school....
Anthony Cody, a teacher in Oakland, Calif., who writes a blog for Education Week, suggested that the president was disavowing the policies of his education secretary, Arne Duncan, which include expanding student testing to evaluate teachers and developing new tests to be given several times a year to measure student progress.The NYT makes an article about bloggers making an issue out of something the mainstream press had ignored, and the article only contains one link to one of the blogs it has mined for material.
“All these changes RAISE the stakes on the tests, for teachers and for schools,” Mr. Cody wrote in a blog post, following an earlier post titled “If only the Department of Education could hear this guy Obama, boy, they would have to rethink their approach!”
... [A]nother blogger, Deborah Meier, a senior scholar at New York University’s education school, [wrote] “In reality the government is paying people to invent more bubble tests”...
The Obama campaign relied on the energy of millions of us, activated by a call to our hopes and dreams. We were exhausted by eight years of Bush, seven years of No Child Left Behind, and Obama promised a fresh start. We have not seen that fresh start in education. Instead we are seeing a deep entrenchment on the part of the Department of Education, finding ever more creative ways to pretend that making the tests more frequent will somehow make them benign. Those of us who are experiencing the effects of these policies are not deceived. We see how they are destroying schools, and stealing opportunities from children....
Last week, President Obama reminded us all why his election gave many of us so much hope. In 338 words he spoke of how he wanted his daughters, Sasha and Malia, to have their learning tested. He described a low-stakes, low pressure environment, with the results used not to punish them, their teachers or their school, but simply to find out what their strengths are, and where they might need extra support. He spoke of the need to avoid teaching to the test, and the value of engaging projects that would make students excited about learning. President Obama has made sure his daughters can learn this way. If only Department of Education policies would allow students in our public schools this same privilege!
A recount in [the Wisconsin Supreme Court] race... seems inevitable, and it is not clear who will ultimately take the seat on the Wisconsin bench. But if this expensive and nasty race ends up in protracted litigation, it could undermine public confidence in both the judiciary and Wisconsin’s electoral process, especially if, as I expect, supporters of Prosser raise ugly allegations of voter fraud....Don't dare say fraud!
While the fraud allegations [in various recent elections] remain stuck in the public’s mind, no proof of any systemic fraud has been unearthed. Instead, close examination of elections show, time and again, that our election systems are not perfect – but this is due to human error and not fraud....To become contentious and partisan? It's been ridiculously contentious and partisan here in Wisconsin since mid-February. It's hard to understand why the Republicans should stand down now. Prosser was way ahead and would have easily won if Democrats hadn't turned what was supposed to be a nonpartisan election into a referendum on the Republican governor they hate. It took Prosser a long time to realize he had to fight like a politician and not just sit quietly modeling traditional judicial demeanor. Outrageous, dirty politics was played against the old jurist, and he had little idea what to do about it. Now, his advocates are supposed to play nice so things won't get ugly? We've been in uglyville since February.
[I]f the Wisconsin Supreme Court race goes into extra innings, I expect things to become especially contentious and partisan.
If Kloppenburg can eke out a victory, I wouldn’t be surprised if Prosser supporters play the fraud card. Professor Ann Althouse already raised the specter of fraud in her final post on election results last night. I am sure that others will trumpet now-discredited allegations of voter fraud in Wisconsin, especially about alleged fraud in heavily Democratic and minority communities.Now discredited? See, that's the meme among Democrats. There is no fraud. You're not even supposed to talk about "[t]he possibility of some fraud" — which was the phrase I used in my 11:55 p.m. post on election night. Note that I wasn't even making an accusation. I was just trying to sign off and go to bed. Let the day's own trouble be sufficient for the day. But the mere mention of fraud triggers the reaction: Don't talk about fraud! Fraud?! There is no fraud! Everybody knows there is no fraud, and anybody who mentions it is, by that mere mention, an agent of discord and deceit. This is an effort to delegitimatize the very interest in the problem of fraud. I expect a label to emerge, a label like "birther." Ugh! She's a frauder.
In the last decade, the now-defunct Americans for Voting Rights focused on such spurious and grossly exaggerated claims out of Wisconsin, which Lorraine Minnite has methodically debunked. But that won’t stop the allegations from resurfacing, and be taken credibly by those who want to believe it.So... because past claims of fraud have been "methodically debunked" — have they? — we should stop even looking for fraud? We'll only suffer if we keep checking for cheaters? This sounds way too preemptive to me. I've spent the last 2 months in a vortex of political ugliness and saw it grafted onto the judicial election. I saw frantically impassioned protesters grasping at the symbolism of this election and building an intense shared feeling of entitlement to shift the politics of this state. I heard the phrase "by any means necessary" more than once.
It is the voters of Wisconsin and those who depend upon the state supreme court’s system of impartial justice who are sure to suffer.
Our fictional reporters — the best in the business — have worked hard to rectify the gender imbalance, even breaking Fictional 15 rules against folkloric characters (the Tooth Fairy appeared on the 2010 list), but the gap persists.... What do you think is going on here?I'd say they're not getting equal pay for equal... evil.


"After a challenging battle... [t]he likely next step is a recount, requiring resources to protect the integrity of the ballots cast and deliver a win...."
My wife has booked a few acts into China and had to spend a few days translating American standards (let's say the Pinna Colada Song) into Chinese for the lyric permission. It is true that the nominal reason is to reject anti-revolutionary sentiments. But I think the real reason is to grease the palms of the literal 15 different minor officials you have to get to sign off on booking a concert tour.
As of 9:45 this morning, the Associated Press had results for all but 7 of the state's 3,630 precincts and Kloppenburg had taken a 140 vote lead after Prosser had been ahead most of the night by less than 1,000 votes.
That close margin had political insiders from both sides talking about the possibility of a recount, which Wisconsin has avoided in statewide races in recent decades. Any recount could be followed by lawsuits - litigation that potentially would be decided by the high court.

The ambitious plan, drafted principally by Representative Paul D. Ryan, the Wisconsin Republican who chairs the Budget Committee, proposes not only to limit federal spending and reconfigure major federal health programs, but also to rewrite the tax code, cutting the top tax rate for both individuals and corporations to 25 percent from 35 percent, reducing the number of income tax brackets and eliminating what it calls a “burdensome tangle of loopholes.”...Well, it is a conservative ideological manifesto, isn't it? Do the Republicans deny that? Do you like ideological clarity, or would you move away from the party that wears its ideology openly and seems committed to following it? Ideologues scare me.
Democrats... say the emerging proposal amounts to a conservative ideological manifesto showing that Republicans intend to cut benefits and programs for the nation’s retirees and neediest citizens while protecting corporate America and the wealthiest people from paying their share of taxes....
Supreme Court: Odana Road from Midvale Boulevard to Monroe Street is a blizzard of Kloppenburg signs -- many of them homemade. Has there ever been a state supreme court race this passionate? I do love the challenger’s motto, “Elections have consequences.” Tell that to Marty Beil. No pretense here, folks. This is a “do-over” of the November 2 election that Scott Walker won by a 52-47 margin...Will it? It seems to me it could be anything, and the interpretation of what it means after we see what it is could be anything.
Yes, wish is father to the thought. But I’m knocking on wood that pro-Walker voters are just as energized as the unionistas responsible for the Siege of the Capitol 2011.
A squeaker but the good guy wins thanks to out-state disgust over bully-boy tactics: David Prosser 50.5% over JoAnne Kloppenburg. But boy, this will be close.

[A] source also said that [Joel] became "dissatisfied" with expectations that "The Book of Joel" would be a tell-all about his marriages, including one to Christie Brinkley, and his battle with alcohol.If he's dissatisfied, it should be with his own delusion that he should get $3 million without doing that. And even if he did, would it be good enough? Another alcohol memoir
Professor Arrested for Shutting Student's Laptop in ClassI click on one of the links and find this:
Frank J. Rybicki, an assistant professor of mass media at Valdosta State University, was arrested by campus police last week on a charge of battery after shutting the laptop of a student who was web surfing in class.
An assistant professor of mass media at Valdosta State University, in Georgia, was arrested last week on charges of battery after a confrontation with a student over extracurricular Web surfing during class led him allegedly to close the lid of the student’s laptop computer on her hands....On her hands.







The opulent, $94.8 million building features a climbing wall, an eight-lane bowling alley, billiards, scores of flat-screen TVs, a 350-seat movie theater, a two-story fireplace, a wine and coffee bar and a banquet hall big enough to seat 1,500 people.And yet the Memorial Union, the original UW-Madison Union, is still the greatest.
This is a case about tax credits for contributions made to private tuition funds that make grants to students who go to private schools. Many of those schools are religious and some of the qualified funds only make grants to students who go to religious religious schools. [Lyle] Denniston begins his description [of the argument] with a claim that he detected Elena Kagan's purchase on the mind of Tony Kennedy (a subject we were just talking about the other day). Denniston says Kagan and Kennedy — the 2 Ks (sounds like trouble!) — "took crucial, reinforcing roles." I don't see much support for that point.
This case has a substantive Establishment Clause issue — whether government is subsidizing religion — and a threshold issue about standing — whether taxpayers can sue over this. These issues are linked because they both may depend on whether a tax credit turns the privately donated money into money from the state....Today, the Supreme Court came out with the decision in the case and there's Kennedy writing for the majority and Kagan —with (guess who?) Ginsburg, Breyer, and Sotomayor — writing for the dissent.
[T]ax credits and governmental expenditures do not both implicate individual taxpayers in sectarian activities. A dissenter whose tax dollars are “extracted and spent” knows that he has in some small measure been made to contribute to an establishment in violation of conscience. In that instance the taxpayer’s direct and particular connection with the establishment does not depend on economic speculation or political conjecture. The connection would exist even if the conscientious dissenter’s tax liability were unaffected or reduced. When the government declines to impose a tax, by contrast, there is no such connection between dissenting taxpayer and alleged establishment. Any financial injury remains speculative. And awarding some citizens a tax credit allows other citizens to retain control over their own funds in accordance with their own consciences.Dissenting, Justice Kagan states the opposing position:
Cash grants and targeted tax breaks are means of accomplishing the same government objective — to provide financial support to select individuals or organizations. Taxpayers who oppose state aid of religion have equal reason to protest whether that aid flows from the one form of subsidy or the other. Either way, the government has financed the religious activity. And so either way, taxpayers should be able to challenge the subsidy.
Still worse, the Court’s arbitrary distinction threatens to eliminate all occasions for a taxpayer to contest the government’s monetary support of religion. Precisely because appropriations and tax breaks can achieve identical objectives, the government can easily substitute one for the other.I love the clarity of Kagan's writing. But it will take more than that to gain purchase on Kennedy's brain. The truth is that Flast is out of line with a whole lot of other standing cases. Distinguishing this case from Flast may seem like a strain, but it's a more a matter of not letting the anomaly grow. Justices Scalia concurs, with Justice Thomas, to say Flast should be overruled altogether, and not just costrained. Scalia is pulling on one side, and Kagan on the other, and Kennedy maintains his purchase on the center.
Protecting children has been a priority for Attorney General J.B. Van Hollen, who requested the extra money and staff.So it's Van Hollen's pet project. I'm skeptical. If you're making cuts everywhere, there should be a strong presumption against expanding anything. I express this opinion out loud, and Meade defends Walker. I'm all "Don't be such a Walker whore," and he coins a term:
"We can only speculate the number of cases in a given year are going to increase," [said Jenniffer Price, who oversees the Department of Justice's Internet Crimes Against Children unit]. "The more investigators we have to investigate, the more cases will be worked."
Street Walker.
I also love the book Just Kids by Patti Smith. I love it because it’s a story about how two friends moved to New York and learned to be artists. You know how they learned to be artists? They pretended to be artists. I’ll spoil the book for you and describe my favorite scene, the turning scene in the book: Patti Smith and her friend Robert Maplethorpe dress up in all their gypsy gear and they go to Washington Square, where everybody’s hanging out, and this old couple kind of gawks at them, and the woman says to her husband, “Oh, take their picture. I think they’re artists.” “Oh, go on,” he shrugged. “They’re just kids.”It's funny, I picked up "Just Kids" just today as the next part-finished book in the house to finish. I'm on a finishing unfinished books kick.
Basically, [he] had nobody in his church anyway and this is an effort to get some publicity for him. He got it. But in the process ten to twenty people have been killed. You-- you-- you-- religious extremism in any form is wrong. And certainly all these deaths is wrong. I’m very, very disappointed that this man who we had some dealings with in January, December, who indicated he wouldn’t do anything. And suddenly, I guess, the publicity had fallen down a little bit so he decided to do this. It’s-- it’s really too bad. And, I think people should understand the consequences of what they do un-- under the guise of reli-- religion.What guise? Criticizing a rival religion's scripture is religion. What would it be a guise for? You can't just say "publicity." Most public speakers are trying to get attention. Reid himself is trying to get attention by going on "Face the Nation."
BOB SCHIEFFER: Well, you introduced a resolution to condemn this by the Congress... or where do you go from here?
SENATOR HARRY REID: We’ll-- we’ll take a look at this, of course. John Kerry, the chairman of the Foreign Relations Committee, has been on top of this. He’s made many trips to Afghanistan. And I think we’ll take a look at this as to whether we need hearings or not, I don’t know.And that's the end of the discussion. Zero attention is paid to freedom of speech or religious freedom. Neither Schieffer nor Reid gives a damn (or dares to say he gives a damn). Pathetic.
You know I wish we could find some way to-- to-- to hold people accountable. Free speech is a great idea but we’re in a war. During World War II, you had limits on what you could say if it would inspire the enemy. So burning a Koran is a terrible thing. But it doesn’t justify killing someone. Burning a bible would be a terrible thing but it doesn’t justify murder. But having said that, any time we can push back here in America against actions like this that put our troops at risk we ought to do it. So I look forward to working with Senator Kerry and Reid and others to condemn this, condemn violence all over the world based in the name of religion."[T]o condemn this"... this what? "[C]ondemn violence all over the world based in the name of religion." I can't tell whether he's condemning the Koran-burning or the murders purported inspired by Koran-burning. Is Koran-burning "violence"? Graham is incomprehensibly mealy-mouthed. "Free speech is a great idea... any time we can push back...we ought to do it"? What WWII precedents does he mean to invoke, and can he get his position — assuming he can state it clearly — anywhere close to American constitutional law?
Before the young dog was seized from his home he had committed no crime and no members of the public had complained about his behavior. On the day he was seized three police officers arrived at the family home unannounced along with the Dog Wardens. The police were sent away and the Wardens sat down with the family, had tea, smoked cigarettes and played with the family's other dogs.
The Wardens then measured Lennox's muzzle and rear legs with a dress-maker's tape measure and decided, without any professional advice, that he was a "Pit Bull Type Breed"....
[S]ome of the very people who pushed and prayed most fervently to end capital punishment in the state found that the triumph came with a termination notice.The "workers" in question are lawyers and others at the Office of the State Appellate Defender. (Odd to see lawyers called "workers.") The job market in the law field is rough, and it must be especially grim to have put your specialty out of business in the state where you are licensed to practice law. Grim... but ecstatic. These were people devoting their lives to fighting the death penalty.
“We’ve done such good work that we’ve put ourselves out of work,” joked [Wendi ]. Liss, 37, who spent a decade as a mitigation specialist assembling information to persuade juries to spare the lives of defendants....