Stand by for American history

The United States Supreme Court hears arguments this week in two cases involving same-sex marriage that could make civil rights history.  For those who can get beyond a knee-jerk reaction to the very idea of same-sex marriage, who are interested in the nuts and bolts of how the court operates, how this court operates, who want to be able to read the reports of the oral arguments or listen to the arguments themselves (yes, listen—the same day!) critically and develop their own insight into what’s happening and what the results may be, check out Emily Bazelon’s post in Slate today.

Tuesday and Wednesday, the Supreme Court will dive into back-to-back arguments about gay marriage. These cases that are probably the biggest of the term, and certainly the sexiest. First up is an hour of Hollingsworth v. Perry, the suit challenging the constitutionality of California’s voter-approved gay marriage ban. Next comes an hour and 50 minutes on United States v. Windsor, which takes on the definition of marriage in the federal Defense of Marriage Act. That definition—the union of a man and a woman—denies gay couples more than 1,000 federal benefits that come with marriage, relating to everything from inheritance taxes to health insurance for veterans, even when their marriages are legally recognized in the states they live in.

The arguments will feature top lawyers including Ted Olson (former Bush solicitor general, pro-gay marriage), Paul Clement (former Bush solicitor general, anti-gay marriage), Donald Verrilli Jr. (Obama solicitor general, pro-gay marriage, though the Obama administration is still enforcing DOMA), and Vicki Jackson (Harvard law professor who will argue that the Obama administration doesn’t belong in court). What should we watch for to gauge how these cases will come out? Here’s my checklist.

Meanwhile, in case you missed it, here are the stories about the amicus briefs from the White House and Bill Clinton,  now both in favor despite earlier efforts to the contrary, and from major businesses that have always tried assiduously to avoid taking sides on anything as controversial as same-sex marriage, but now argue that the ban hurts business.  Even prominent Republicans, including Clint Eastwood, are making a case in favor of same-sex marriage.  The times, they are a-changin’…we should find out in June, when the decisions are expected to be announced, just how much.

It’s not as hard as I thought it would be to praise Congress for doing its job

The Senate took action first, agreeing on spending authorizations to keep the government operating until the end of the fiscal year; the House did the same the next day. Thing is, they both did what needed to be done more than a week before the drop-dead-line that would have seen the government start to shut down for lack of operating funds. How uncharacteristic of them.

In the past few years the American Congress has never missed an opportunity to run right up to the brink of any fiscal catastrophe; like the Road Runner being chased by Wile E. Coyote, it safely came to a screeching standstill in a cloud of dust just on the edge of the abyss (beep beep). To what do we owe this unusual display of fiscal responsibility? I don’t know, but I’d like to order another round.

It had become too easy and too predictable for the thousands and thousands of voices online and on air and in print to chastise House and Senate, Republican and Democrat, for failing/refusing to take care of business. I’d begun to think it was ultimately ineffective as well, but maybe–just maybe–there was still some shard of humanness left deep inside our elected representatives that was tired of being ridiculed and abused, that knew that the voices raised in criticism had a point. It’s not that I’m pleased with the details of the budget the government will operate under for the next six months, but that I’m pleased “the government” got off of its ass and made a decision with something less than the usual quotient of bluster and drama…the “sound and fury” that, as is often the case in our politics, signifies nothing.

So, good on ’em for what they done (there, I said it; are you happy?). And fine, let them go ahead and propose future budgets, have debates and secret meetings and public hearings and horse-trading and try to persuade us all of the virtue of their ideas; that’s the way we’re supposed to try to come to a consensus on public issues. Just because I don’t have the heart or the stomach for this circus right now doesn’t mean the rest of you should miss out on the fun.

The only “real” reality show is just too depressing to watch

Americans today “are turned off and tuned out of the sequestration mess in Washington. To a person, they are sick of the antics of those to whom they have entrusted enormous power.”  So begins David Gergen in his column today, and I can’t find anything in his argument with which to disagree.

The clowns we elected to represent us in Washington—and in many many cases, re-elected…shame on us—have failed to take care of one of the most fundamental things we send them to Washington to do: set a budget for the operation of our government.  Actually, as Gergen correctly notes, they have failed to do that one thing for four years running—so far.  Back in the summer of 2011 they set a trap to force themselves to act, promising across the board budget cuts at the end of 2012 at such a severe level that it was inconceivable they wouldn’t act to stop them from going into effect; when they still couldn’t beat that deadline they passed a law giving themselves two more months to wrap it up.  Well, here we are, two months later, but this time there doesn’t even seem to be the possibility that they can get together to give themselves more time.  The ineptitude is astounding!

It’s not unusual to have the legislative and executive branches of government  disagree about taxes or spending or any other policy issue; historically, someone on one side or the other finds a way to force a resolution.  But as Gergen points out, “we have a rare moment when both Congress and the president are retreating from their responsibilities. It’s hard to recall a time when we were so leaderless.”  The Republicans and the Democrats, the president and Congress, everyone is busy running from microphone to microphone insisting that there’s nothing they can do about it.  And the whole argument has become so tiresome that even in the face of budget cuts that threaten basic services, things we can all pretty much agree that government should be taking care of, a lot of Americans are just yawning and looking the other way.  How many times can the boy cry “wolf” before the villagers ignore the call?

Let’s hope we haven’t thrown in the towel yet, because this sequestration circle jerk isn’t the end of the line: whether these cuts go into effect this Friday or not, there’s a potential government shutdown only four weeks down the road if there’s no agreement on new spending authorization.  If we don’t dig up some leadership somewhere, what’s been going around for the last few years is going to come around again and again and again.  No winners here, America, not if we aren’t willing to find a compromise that keeps the whole thing from crashing down on our heads.

Thoughts on the Baseball Hall of Fame election on the occasion of really caring about the results for the first time

As a kid I thought all the players in the Baseball Hall of Fame, by definition, National_Baseball_Hall_of_Fame_and_Museumwere great players and great guys. It’s not so, but I was just a kid; now that I know better I still want it to be true; I want things to be simple. For the most part, anyone who’s followed baseball for years just knows who’s a Hall of Famer and who’s not, and can make an elevator argument for their guys. And that’s fun, when people who love baseball talk about the shared past from their different perspectives. For what it’s worth, here are the only guidelines handed to the voters as they consider the choices.

Most of us who grew up in a big league city grew up rooting for the hometown team, and I’ve been in Houston since I was nine. Today is the first time in all those years that players who spent most (or in this case, all) of their Major League careers with the Houston Astros have a real chance (or in this case, two chances) of getting in. So, yeah, it’s exciting to be waiting for the news: will Craig Biggio and Jeff Bagwell make it?

(I don’t know how those of you who didn’t grow up in a big league city picked your favorite team: was it the nearest big league team? The one that had a minor league team in or near your town? The team that had your favorite player? Your dad’s favorite player?)

My guess is, Bagwell won’t make it anmlb_g_bagwell_sy_576d Biggio will. Bagwell’s got the numbers, but I think the doubts about his alleged-but-unproven use of steroids are what’s keeping his vote short. Biggio has no steroid shadow over his career; he’s got more than 3000 hits; he was multiple times an All-Star at two different positions, and a multiple times Gold Glove and Silver Slugger winner; he’s in.

Let’s see if I’m right. (BTW, this is the first time ever that I’ve stopped whatever else I was doing to try to hear the HOF announcement live…always interested before, but never in quite this way.)


OK then, the headline is: NOBODY was elected to the HOF this year! First time that’s happened since 1996, only the eighth time since they started voting for the HOF in 1936.

The subhead: Barry Bonds and Roger Clemens and Sammy Sosa and the other strongly-suspected steroid users didn’t even come close—seven-time Cy Young Award winner Clemens had 37.6% of the vote, all-time home run king Bonds 36.2%.

The sub-subhead: it turns out my feelings weren’t far off the mark. Craig Biggio was the top vote-getter with 68.2%, just 39 votes short of the 75% needed to be elected. And Jeff Bagwell was third at 59.6%. (Jack Morris was second, just behind Biggio at 67.7%.)

My reaction: I’m fine with this.

First, there is no shame—none—for Biggio not to be elected in his first year bw-29-biggio-0627-4_3_r560of eligibility; something like 80% of the players in the Hall weren’t elected in their first year of eligibility. To be the top vote-getter in his first year, and so close to the threshold, means the voters think he’s worthy, and his ultimate election is all but assured. And Bagwell’s vote total improved again: he had 41.7% in his first year, 56% last year and 59.6% this year. He’s going to make it, too.

It would have been great to see either of them, or the two of them together, get this honor, and I’m now even more confident that one day they will. Other HOFers have ties to Houston—Joe Morgan and Nolan Ryan the most prominent—but none of them is wearing an Astros cap on his plaque; Bagwell and Biggio will be the first players from my team to get to the HOF, and I was in the stands to watch them play their entire major league careers, so it will mean something to me when they are recognized as being among the greatest players ever.

The second reason I’m fine with this is, the steroids cheaters were shut out.

Let me start by acknowledging my ambivalence on the subject of steroids. I can accept the scientific evidence that the use of steroids poses a danger to the user, and I’m conformist enough that I have no problem punishing players who broke the rules that prohibited the use of steroids, once those rules were finally put in place. It’s the concept that some performance-enhancing drugs are banned while others are allowed that gives me trouble. Why are antibiotics, protein supplements, vitamins and caffeine OK, but anabolic steroids and amphetamines prohibited? How do we draw the line that says an athlete’s efforts to become the best they can be are to be applauded but only up to this point, and no further?

Second, I think there’s a reasonable argument to be made that baseball writers—the journalists who cover baseball as a news story—shouldn’t be the ones with sole authority over which players get into the Hall of Fame: the people whose job it is to cover the news should not be involved in making the news. (I don’t know who, in the alternative, would select Hall of Famers, but that’s a different question.) In this case, we’re talking about the baseball writers who covered the game in the 1990s and 2000s, who saw the players get freakishly bigger and the old records fall, and decided not to write about the fact that the players breaking the records were taking illegal performance-enhancing drugs.

This Hall of Fame ballot wasn’t the first one to feature prominent players whose careers came during the era of steroid use, but in Bonds and Clemens it had two of the most accomplished players of all time who also happened to be suspected of cheating. Their worthiness to be enshrined in the HOF was judged by the writers who were once complicit with the players and their union and Major League Baseball and its teams in facilitating the use of steroids by players and the subsequent mutilation of the record books that it caused, and who now unapologetically pivot into the role of moral arbiter and protector of the faith to declare that no cheaters shall prosper in Cooperstown. Nice work if you can get it.

The hypocrisy of the writers notwithstanding, the circumstantial evidence of cheating against many of the players, including Bonds and Clemens, is overwhelming, and I’m satisfied at their being rejected this time around; remember, they’ve got 14 more chances, and attitudes are likely to change/soften over the years. Bob Costas suggested that a comparison of next year’s vote totals with today’s for Clemens, Bonds and Sosa will give a real indication of their ultimate chances for getting into the Hall. The vote totals for steroids users like Rafael Palmeiro and Mark McGwire started low and then slipped: Palmeiro (569 homers, 3020 hits) started at 11% in 2011 and was down to 8.8% this year, Mark McGwire (583 homers) got 23.5% in 2007 and this year just under 17%. (And just in case you’re interested, here’s the Mitchell Report on steroids in baseball, with dozens of references to Bonds and Clemens.)

Oh, and one more thing: pitchers and catchers report in just one month!

In the wake of the Newtown school shooting

Passing along links to what I think are worthwhile reads on the school shooting in Newtown, Connecticut, and the aftermath…


For starters, here’s a dispassionate chronology from the Hartford Courant of just what happened in that school that morning. Just the facts ma’am, as best as they are known at the time.

Adam Lanza blasted his way into the Sandy Hook Elementary School. He fired a half-dozen thunderous rounds from a semiautomatic rifle to open a hole big enough to step through in one of the school’s glass doors.

Once inside, he had to make a choice.

Principal Dawn Hochsprung’s office was straight ahead. To the right, 25 or so children were rehearsing a play in the school cafeteria. To his left were the first-grade classrooms.

Lanza turned left.


The initial reaction of most people is disbelief that such a thing could happen…yet it’s been happening more and more frequently in recent years. In Slate Emily Bazelon wonders, if this doesn’t make us change our attitude about guns, what would?

In the United States, we’re divided, and we have no universal basic knowledge of weapons. We make it incredibly easy to buy the kind of weapons that shoot and shoot again instantly, but we don’t search people at the doors of schools or malls or movie theaters, and we don’t post armed guards in these places. We have the guns without the safety checks. We call that freedom.


Of course there are plenty of people renewing calls for more gun control, for outlawing assault weapons, for some kind of change in the law to make us feel safer. But it’s not just “gun control” people; some pretty staunch gun rights advocates are urging another look at the subject with an open mind.

Joe Manchin III, the pro-gun-rights West Virginia senator who drew attention in 2010 after running a commercial that showed him firing a rifle at an environmental bill, said that “everything should be on the table” as gun control is debated in the coming weeks and months.


David Frum makes a great point about the nuts and bolts part of any change in gun laws: he believes the push must come from outside government, along the lines of what Mothers Against Drunk Driving did to change the culture, to avoid politically polarizing the debate and dooming any chance for agreement.

That campaign should be led from outside the political system, by people who have suffered loss and grief from gun violence. Only that way can the campaign avoid being held hostage by the usual conflict of parties — Democrats who fear that gun control will lose them rural congressional districts; Republicans who exaggerate for partisan gain exactly what gun control would mean.

Gun control should no more mean the abolition of guns than Mothers Against Drunk Driving abolished the car.

(snip)

Responsible gun owners have a right to their guns. The challenge for the grass-roots gun-safety movement of the future is to focus on the danger posed by irresponsible owners. The goal should be less to ban particular classes of weapons — such a goal puts the law in a race against technology, a race the law will likely lose — and more to change the rules defining who may keep a gun.


Impossible, you say—there’s no way we could change the culture on guns. Well, we’ve done things like this before

To modern sensibilities, the injustice [of lynching] once again seems obvious, as do the solutions: Prosecute lynchers, fight for racial justice, strengthen the rule of law, and mobilize public opinion to condemn rather than excuse outbursts of brutality. And yet it took more than 100 years for lynching to begin to disappear as a feature of American life, and even longer for Americans to fully acknowledge the depth of its horror. In the meantime, thousands of influential people, including many esteemed congressmen and senators, argued that lynching was simply a fact of life, a random act of violence about which nothing could be done. It was not until 2005 that the U.S. Senate, spearheaded by Mary Landrieu, apologized for failing to pass federal anti-lynching legislation, and for leaving hundreds of innocent people to be sacrificed to official inaction.


But just changing gun laws isn’t the answer; we should look at changing not only laws but our attitudes toward mental illness, and be better at seeing the warning signs that disturbed people give before they commit such an extreme act of attention-grabbing.

One reason shooters tip their hands is that they are trying to solve a problem. Though they are often intelligent, high-performing boys, their peers tend to see them as unattractive losers, weak and unmanly. In a school culture that values sports prowess over academic accomplishment, they face rejection. The shooters are rarely loners, but tend instead to be failed joiners, and their daily social experience is full of friction. Since they are almost always mentally or emotionally ill, those rejections — so common in adolescence — take on greater importance and become a fixation. Rebuffed after trying to join friendship groups, they look for ways to gain attention, to reverse their damaged identities.

The shooting is the last act in a long drama: a search for acceptance and recognition. The earlier acts fail miserably. But once a shooter starts to talk about killing people, ostracism can turn to inclusion. Suddenly, he is getting the attention he has been craving.


Help for mentally ill. A change to the culture of guns. David Gergen makes the case that we must take action to honor these dead and do it now or next time the blood will be on our hands.

Some years ago, no one thought that we could change our tobacco culture. We did. No one thought that we could reduce drunk driving by teenagers. We did — thanks in large part to Mothers Against Drunk Driving.

Years from now, no one will note what we say after this latest massacre. But they will hold us morally accountable for what we do. To honor all of those who have been slain in recent years — starting with the first-graders in Connecticut — we should highly resolve to change our culture of guns.


Meanwhile, to some measure of surprise, the National Rifle Association is laying low. Out of respect? Don’t know; they’re not talking.

On Dec. 13, the National Rifle Association’s Twitter account announced a giveaway promotion, thanked its followers for getting its Facebook page up to 1.7 million “likes,” and related a story from Wyoming in which a gunman apparently retreated from a nail salon after realizing one of its customers was “packing heat.” It tweeted the Wyoming case using the hashtag #ArmedCitizen.

On Dec. 14, the day an armed citizen killed 26 unarmed women and children at a Connecticut elementary school, the NRA’s Twitter account went silent. It has not tweeted since. Meanwhile, its Facebook page has disappeared, along with those 1.7 million “likes.” Navigating to www.facebook.com/nationalrifleassociation now redirects to the Facebook homepage.


 

UPDATE Dec. 18: The NRA ends its silence with this statement.