The Daily Parker

One hundred years ago today, President Warren Harding installed a "Radio Phone" in his White House office. As the Tribune reported, "Navy radio experts commenced work to-day installing the latest scientific means of communication."

Flash forward to now:

• Margaret Talbot argues that Justice Amy Coney Barrett, whom nobody ever elected to public office, is playing a long game to bring her right-wing Catholic ideology into the mainstream—or, at least, to enshrine it in the law.
• Times columnist Margaret Renkl, writing from Nashville, argues that Tennessee has bigger problems than just one school board banning Maus.
• Ultra-low-cost airlines Spirit and Frontier have merged, after years of dating and several previous feints toward the altar.
• The oldest pub in the United Kingdom will close because of lost revenue during the pandemic, according to its current proprietor. The landlord hopes the pub, first opened in 793 CE, reopens soon.

And finally, Max Boot asks, why does anyone care what Ben, Jerry, Whoopi, or Joe have to say? In my conversation just now with the reader who sent me the link, I pointed out that people have had about the same reaction to every new communications technology back to the printing press. (Probably back to the stone tablet, if you really think about it.)

In no particular order:

• Dale Clevenger played French horn for the Chicago Symphony Orchestra from 1966 to 2013. He was 81.
• Sheldon Silver went to jail for taking bribes while New York Assembly Speaker. He was 77.
• Lisa Goddard made climate predictions that came true, to the horror of everyone who denies anthropogenic climate change. She was 55.

In a tangential story, the New Yorker profiles author Kim Stanley Robinson, who has written several novels about climate change. (Robinson hasn't died, though; don't worry.)

Via Bruce Schneier, the New Jersey Superior Court has found that the NotPetya attack that disabled much of Merck's shipping network in 2017 was not an act of war by the Russian government, and therefore Merck's insurer may be on the hook for a $1.4 billion payout:

The parties disputed whether the Notpetya malware which affected Merck's computers in 2017 was an instrument of the Russian government, so that the War or Hostile Acts exclusion would apply to the loss.

The Court noted that Merck was a sophisticated and knowledgeable party, but there was no indication that the exclusion had been negotiated since it was in standard language. The Court, therefore, applied, under New Jersey law, the doctrine of construction of insurance contracts that gives prevalence to the reasonable expectations of the insured, even in exceptional circumstances when the literal meaning of the policy is plain.

The Court also noted that under New Jersey law, 'all risks' policies extended coverage to risks not usually contemplated by the parties unless a specific provision excluded the loss from coverage.

36 Group's article included the court order from December 6th. The ruling only applies to New Jersey, but I expect insurance companies will take hard looks at all of their "all risks" policies to see how much exposure they could have to another cyberattack. I suspect insurers will start demanding people protect their networks better, too, the way they have encouraged people to buy safer cars.

It might also bankrupt Ace American Insurance Co., but that won't change the follow-on effects of this ruling.

A grand jury convened by the US Attorney for the Southern District of New York has indicted four Belarusian security officials for air piracy:

In response to a purported bomb threat, Aleksandr G. Lukashenko, Belarus’s authoritarian president, sent a fighter jet on May 23 to intercept the Ryanair Boeing 737-800 carrying some 170 passengers from Athens to Vilnius, Lithuania — among them the journalist, Roman Protasevich. The forcing down of the plane and his seizure led to international outrage.

The bomb threat was a fake, orchestrated by senior Belarus officials who were seeking to detain Mr. Protasevich in Minsk, the capital of Belarus, the indictment says.

The move was seen as a marker of how far Mr. Lukashenko, with the support of President Vladimir V. Putin of Russia, was willing to go to repress dissent in his country.

The criminal complaint acknowledges that the incident occurred "out of the jurisdiction of any particular State or district of the United States," but 49 USC 46502(b)(2)(A) gives the United States jurisdiction over any unlawful seizure of an aircraft when a US national is onboard. This comes by way of the Convention for the Suppression of Unlawful Seizure of Aircraft, which the US signed in September 1971 and, here's the thing, Belarus signed on December 30th of the same year.

I doubt that any of the defendants will avail themselves of the American justice system voluntarily. But the SDNY has issued arrest warrants for them, and I expect Interpol will get the warrants soon. And guess what? Belarus is a member of Interpol.

This indictment also won't bring down Lukashenko's government, especially not with Russia's dictator Vladimir Putin needing a pliant Belarus to maintain his own internal power. But the four guys who actually carried out his illegal orders might wind up leaving Belarus in someone's diplomatic bag.

UC Berkeley Law School dean Erwin Cemerinsky and UTA Law & Government professor Jeffrey Abramson try to keep a stiff upper lip when teaching in the shadow of the most partisan Supreme Court in a century:

For the first time in American history, the ideology of the justices precisely corresponds to the political party of the president who appointed them. All six conservatives were appointed by Republican presidents and all three liberals were appointed by Democratic presidents.

If students are to one day become effective litigators on constitutional rights, they will need to understand the ideologies of the justices interpreting the law. In the past, we certainly discussed the ideology of the justices with our students, but we must focus on it far more now as the ideological differences between the Republican-appointed justices and judges and those appointed by Democratic presidents are greater than they have ever been.

Second, we must remind students that there have been other bleak times in constitutional law when rights were contracted. From the 1890s until 1936, a conservative Supreme Court struck down over 200 progressive federal, state and local laws protecting workers and consumers. In the late 1940s and early 1950s, the court refused to stand up to the hysteria of McCarthyism. The current court will not last forever, though it may feel like that to them.

Third, we should direct focus on other avenues for change. Students need to look more to state courts and legislatures, at least in some parts of the country, as a way to advance liberty and equality. For instance, the Massachusetts Legislature passed a law known as the “Roe Act,” protecting a woman’s right to abortion under state law, no matter what the Supreme Court decides.

In case you didn't already notice it's 1890 all over again, I suppose. I also quibble with "For the first time in American history, the ideology of the justices precisely corresponds to the political party of the president who appointed them." I believe that was also the same situation in 1790, with the first Court appointed by Washington.

The temperature at Inner Drive Technology World Headquarters bottomed out at -16.5°C around 8am today, colder than any time since February 15th. It's up to -8.6°C now, with a forecast for continued wild gyrations over the next week (2°C tomorrow, -17°C on Monday, 3°C on Wednesday). Pity Cassie, who hasn't gotten nearly enough walks because of the cold, and won't next week as her day care shut down for the weekend due to sick staff.

Speaking of sick staff, New Republic asks a pointed question about the Chicago Public Schools: why should their teachers be responsible for making life normal again?

The Washinigton Post asks, what will people do with the millions of dogs they adopted when they (the people, not the dogs) go back to work?

The lawyers for Cyber Ninjas ask, who's going to pay their fees after the grift-based organization shut down abruptly?

And North Michigan Avenue asks, will any more pieces of the Hancock Center fall off the building?

And I ask, will Cassie ever let me sleep past 7am?

Just two of note. First, on this day 21 years ago, Al Gore conceded the 2000 election to George W Bush. Good thing that made almost no difference at all in world events.

Another anniversary is the one that happens every January 1st to works of art created a certain point in the past. A whole bunch of books, films, and musical compositions pass into the public domain as their copyrights expire, including:

• The Sun Also Rises and Winnie-the-Pooh, both published in 1926;
• The works of Louis Armstrong and Jim Morrison, who died in 1971 (except in the U.S.); and
• All musical recordings made before January 1, 1923.

Have fun adapting!

The temperature bottomed out last night just under -10°C, colder than any night since I adopted Cassie. (We last got that cold on February 20th.) Even now the temperature has just gone above -6°C. Though she has two fur coats on all the time, I still think keeping her outside longer than about 20 minutes would cause her some discomfort.

Add that it's Messiah week and I barely have enough free time to give her a full hour of walks today.

Meanwhile, life goes on, even if I can only get the gist of it:

• Julia Ioffe points out that Russia itself turned NATO's attention back upon it, which doesn't really help Ukraine right now.
• Jeannie Suk Gersen sees Dobbs v Jackson Women's Health as a challenge to the Supreme Court's authority.
• The XPOTUS has set up a Special Purpose Acquisition Company that Josh Marshall calls "an open invitation to foreign bribes and payoffs."
• Chicago drivers spent more time stuck in traffic than in any other major US city this year. Yay us.

Finally, journalist Allison Robicelli missed a connection at O'Hare this past weekend, and spent the wee hours exploring the empty terminals. The last time I stared down a 12-hour stay at an airport, I hopped into the Tube and spent 8 of those hours exploring the city instead, but I'm not a professional journalist.

LTU history professor Andrew C McKevitt explains how gun capitalism fuels our gun crisis, not "ghost guns" (or "Saturday Night Specials" or mail-order guns or...):

Ghost guns are the latest iteration of this variety of moral panic, which distracts from and obscures the most direct source of the gun violence that plagues us: American gun capitalism, with its largely unrestricted production, distribution, marketing and sale of civilian firearms unequaled anywhere in the world. That system has placed a staggering 400 million guns in private hands in the United States, virtually all of them acquired through legal commerce — including the common firearm used in the Oxford High School shooting, which was purchased on Black Friday by the suspect’s father.

Moral panics over niche firearms like ghost guns enable Americans to imagine we are addressing an intractable problem. But by portraying the gun issue as an ethical one — delineating virtuous and unvirtuous uses and users of guns — gun panics ignore the economics at the heart of the problem and contribute to worse social outcomes, like greater criminalization, while failing to stem gun violence.

For seven decades, gun panics have shaped gun control politics and policy, resulting in a discussion driven by distinctions between virtuous and unvirtuous gun use. Such a dichotomy obscures the fundamental reality of gun life in America: Gun capitalism has put more than 400 million guns in Americans’ hands.

Gun panics operate on the specter of random violent crime, which has never represented the majority of gun deaths; Americans were and are much more likely to suffer gun violence at their own hands or those of people they know.

Along the same lines, journalist and retired politician David Pepper calls out broken state legislatures, such as Michigan's, that thwart the will of clear majorities of voters who favor stronger firearms regulation.

Police arrested Jennifer and James Crumbley at a commercial building in Detroit today after a day-long manhunt. They're the parents of the kid who killed four of his high school classmates last week, and wow, are they in trouble:

Prosecutors allege that the parents bought the gun for their son, and that Jennifer Crumbley boasted on social media about taking her son to a shooting range to try it out. Authorities also say 15-year-old Ethan Crumbley’s parents left the gun unlocked and neglected to act on concerns expressed by school officials that he might act violently.

Hours after announcing that the pair was being charged — an extraordinarily rare move to hold parents accountable when a minor uses a weapon in a school shooting — police officials said that the couple had gone missing. They were located overnight in a commercial building after an extensive search involving police dogs, local law enforcement and the U.S. Marshals Service, authorities said.

The details of how these idiots enabled their kid to shoot a dozen people boggle the mind:

According to the criminal complaint described by McDonald at a press conference, the Sig Sauer 9mm pistol that Ethan used to kill fellow students was purchased by James Crumbley at a local gun store with his son present on November 26, four days before the rampage.  

“Just got my new beauty today,” Ethan posted on social media that same day, according to the complaint, along with photos of the Sig Sauer weapon.

“Mom and son day, testing out his new Christmas present,” Jennifer allegedly posted on social media the following day.

In the days leading up to the attack, an Oxford High teacher had “observed Ethan searching ammunition on his cellphone during class,” according to McDonald—a common warning behavior in school shooting cases. That prompted attempts by worried school officials to contact his parents via phone and email; the school got no response from the Crumbleys, said McDonald. Shortly after that outreach, Jennifer exchanged text messages with her son, according to McDonald.

“LOL, I’m not mad at you,” she allegedly texted to Ethan. “You have to learn not to get caught.”

By the morning of the shooting, graphically violent images Ethan had drawn in class prompted school officials to convene an urgent meeting with the Crumbleys and their son at the school. In his backpack, Ethan had the Sig Sauer and dozens of rounds of ammunition, according to prosecutors. Whether the parents may have suspected or been aware of that is unknown, but according to McDonald they did not ask about the whereabouts of the newly purchased weapon or inspect Ethan’s backpack. They left the high school, refusing a recommendation to take Ethan with them, according to McDonald. “He was returned to the classroom,” she said. Investigators further determined that the gun had been stored in an unlocked drawer in the Crumbley’s home.

The utter depravity.

The couple have pleaded not guilty to four counts of involuntary manslaughter. If convicted, they could spend the rest of their lives in prison. I hope they do.