The Daily Parker

For reasons I do not understand, except possibly that the average IQ is below 100 in some Congressional districts, the House of Representatives has sued the President to make him do...something:

The House adopted the resolution by a vote of 225-201. Five Republicans joined a unanimous Democratic conference to vote against the measure.

The resolution authorizes Boehner to challenge Obama in court for exceeding his authority by unilaterally delaying deadlines under Obamacare. Although he has said he'll target the one-year delay of the health care reform law's employer mandate penalties, the text of the GOP resolution gives the Speaker room to legally challenge implementation tweaks to other provisions of the law.

"This isn't about Republicans and Democrats. It's about defending the Constitution that we swore an oath to uphold," Boehner said.

Right. And the problem with American politics today is that the sets of people that understand the Constitution and that believe the Speaker do not overlap at all.

Let's review. The current House opposes a law passed by the House two sessions ago, but the Senate—last I checked, half the legislative power in the country—and most of the state governors support this law. The courts have upheld it. The President is enforcing it as he deems appropriate.

Kapur's commentary fixates on standing (the requirement that you can't sue unless you, personally, have been injured), but I'm wondering whether this suit would fail on the doctrine of political question. One half of one branch of government is opposed to the actions of another branch. And the representatives opposed to the executive actually represent a minority of voters. I'm not sure the courts are the appropriate venue here. Maybe try the ballot box?

Now, I opposed the majority in 2003 and 2004, when we went to war against a country that hadn't actually attacked us. So I get that minorities can feel oppressed. I had to pretend to be Canadian every time I went overseas for about five years, just so I wouldn't get dirty looks. And I really, really hated the outcome of the 2004 election, because it suggested to me that my countrymen were terrified children who shouldn't be trusted with cap guns, let alone nuclear weapons.

But you know what I did about it? I worked on Barack Obama's U.S. Senate campaign. Then I contributed to his Presidential primary in 2008. Then I volunteered for his 2008 general election campaign. Then he bloody well won the office. Because we were able to convince a clear majority of Americans that ours was the right set of policies, and ours was the right person, to govern the country for the next four years.

This is all of a piece. Republicans don't want to govern; they want to rule. And the reason they want to sue the President is because even though they can't convince the American electorate that they're right, they want their policies enacted anyway.

The legislature suing the executive to change the enforcement procedures of a popular law is just sad. I'd send John Boehner a copy of the Federalist Papers but it would just be a waste of money and postage.

Client deliverables and tonight's Cubs game have compressed my day a little. Here's what I haven't had time to read:

• Cranky Flier takes a moment to put some perspective on airline premium classes, and tries to be less jaded about them.
• Gulliver feels less guilty about ordering take-out and depriving hotels of their room service dollars (or, in his specific case, pounds).
• Did you know flooding is up 900% in some U.S. coastal cities? Possibly this has something to do with rising sea levels. (Don't tell the GOP.)
• Speaking of the GOP, Grover Norquist is going to Burning Man this year. I cannot imagine a bigger shark to jump than that.
• Finally, why do dogs sniff each others' butts? Because they can't read business cards?

Now back to the deliverable...

In the wake of Arizona torturing a prisoner to death this week, Josh Marshall thinks this signals the end:

Why is this craziness happening now?

The simplest, best, and almost certainly accurate explanation is that as the noose has tightened around the death penalty, both internationally and within the United States, fewer and fewer credentialed experts have been willing to involve themselves with state mandated executions. Pharmaceutical companies have become more aggressive in making sure their drugs are not used to kill people. (Here's a good run-down of the way in which Europe has sequentially banned exports of a series of drugs used in US executions - forcing states with the death penalty to keep switching from one drug to the next to evade the export bans, thus inevitably going further and further into unknown territory in terms of how these drugs work in an execution setting with relatively untrained staff.) Medical experts or really anyone with serious life sciences expertise just won't participate anymore. I'm not saying never. But it's become much more difficult. And in order to access and use the relevant medications without the knowledge of pharmaceutical companies, the people charged with finding ways to carry out executions now mostly have to operate in secret. Secrecy leads to a lack of transparency and review of methods which in turn produces more badly conceived plans and botched executions.

At the very least, I hope those states still stuck in the middle ages will be forced into transparency and away from the torture they're inflicting on prisoners. This is a clear 8th Amendment issue. It's time the courts weighed in.

Capital punishment is apparently not barbaric enough in itself in Arizona, where another botched execution has made national—but, strangely, not local—news:

A condemned Arizona inmate gasped and snorted for more than an hour and a half during his execution Wednesday before he died in an episode sure to add to the scrutiny surrounding the death penalty in the U.S.

Arizona Attorney General Tom Horne's office said Joseph Rudolph Wood was pronounced dead at 3:49 p.m., one hour and 57 minutes after the execution started.

The case has highlighted scrutiny surrounding lethal injections after two controversial ones. An Ohio inmate executed in January snorted and gasped during the 26 minutes it took him to die. In Oklahoma, an inmate died of a heart attack in April, minutes after prison officials halted his execution because the drugs weren't being administered properly.

Arizona uses the same drugs — the sedative midazolam and painkiller hydromorphone — that were used in the Ohio execution. A different drug combination was used in the Oklahoma case.

Josh Marshall commented, "As much as it's treated as sick or a joke, firing squad really would be a vastly more humane form of execution than the one we now have."

Or, you know, not killing people, the way they don't do it anywhere else in the West.

Downloading to my Kindle right now:

• The State of the American Dog
• Cost of Living is All About Housing
• This Executive Order Is Totally Gay
• Part-Time Workers Deserve the Shift, Not the Shaft

...and a few articles I found last week that just made it onto my Kindle tonight.

Oh, and I almost forgot: today is the 80th anniversary of John Dillinger's death just six blocks from where I now live.

Since Cabrini-Green came down a couple of years ago, developers have salivated over the possibilities for the Near North area. This morning's Crain's has the latest:

Construction crews recently were busy drilling holes for the foundation of an 18-story, 240-unit apartment building at Division and Howe streets, one of several private developments sprouting just steps from the former Cabrini-Green towers.

“The skyline's going to change really quickly over there,” says Matt Edlen, director of Midwest and East Coast acquisitions at Portland, Oregon-based Gerding Edlen Development Inc., which is building the apartment tower. “There's so many possibilities for that neighborhood and how it comes together.”

It's coming together already. A Target store opened north of Gerding's site last fall, and a developer is negotiating to buy a parcel just northeast of the store and may build apartments there, says Chicago-based Baum Realty Group LLC Vice President Greg Dietz, who's selling the property. He declines to identify the developer. Chicago-based Structured Development LLC and John Bucksbaum are building 199 apartments and 360,000 square feet of retail space on the former site of the New City YMCA at Clybourn Avenue and Halsted Street. And a 190,000-square-foot retail-and-office development and new store for boating retailer West Marine are in the works at Division and Halsted streets.

Crain's, concerned exclusively with business, doesn't ask: what happened to all the previous residents? I guess, once you've gotten rid of all the poor people, they're someone else's problem.

Stuff to read this weekend, perhaps on my flight Sunday night:

• Josh Marshall calls the MH17 shoot-down a mind-boggling screw-up of Putin's.
• So does David Remnick, but more nuanced.
• Chicago's infamous red-light cameras have suddenly started issuing massive numbers of tickets, and nobody seems to know why.
• A 2013 court decision has caused an increase in delays on Amtrak trains nationwide...
• ...which isn't helping their financial situation.

Now back to the mines. Which, given the client I'm working on, isn't far from the truth.

I'm still outraged at the Russian thugs who shot down MH17 today. But a couple of other things were noteworthy:

• Someone, possibly Chinese military, infiltrated the e-QIP database that the Office of Management and Budget maintains to keep security clearance information. Schneier points out, "This is a big deal. If I were a government, trying to figure out who to target for blackmail, bribery, and other coercive tactics, this would be a nice database to have."
• In a turn of events that should surprise no one whose IQ crests 90, it turns out that Stand Your Ground laws actually increase crime, assuming you think shooting people is a criminal act. In states that have adopted these insane laws, more people are shot to death but the overall crime rate stays the same.
• Someday, I want to go to the Farnborough air show. So, apparently, does the F-35, which wasn't able to fly there this time.

All right. I've got about two hours until my flight leaves—yay, consulting!—and I actually have work to do. But in case I was distraught at having to stay home for three consecutive days, it turns out I get to come back here Sunday night. Again: yay, consulting!

On Friday, Paul Wildman at the Washington Post shot back at the President's critics:

Both Republicans and the media have become obsessed with the question of whether President Obama should go to the border for a photo opportunity, with the accompanying and bizarre assertion that this is “Obama’s Katrina.”

In fact, it’s just the opposite. In that case, it was Bush’s failure of competence and his inability to go beyond photo ops that resulted in so much destruction. In this case, the president’s critics are actually demanding a photo op, while refusing to take any immediate practical steps to address the problem.

Republicans actually seem to be under the impression that George W. Bush’s failure during Katrina was just one of impression management. He got photographed doing the wrong things, or gave an insufficient number of hugs to residents. But that wasn’t it at all. The problem was that his administration didn’t take the storm seriously enough, and when the horror became clear, the agency in charge of responding was led by the former Judges and Stewards Commissioner for the International Arabian Horse Association, who couldn’t successfully manage the cleanup of a messy rec room, much less a natural disaster on the scale of Katrina, which killed somewhere between 1,400 and 3,500 people and did upward of $100 billion in damage.

But the Republicans and their allies at Fox don't want to govern; they want to rule. That's what the Right does, always. So naturally they only understand image, because that, to them, is what makes an effective leader. Not the actual policies.

The heirs of actor John Wayne, who manage his likeness and other trademarks associated with him, have sued Duke University to resolve a long-running dispute over the name:

Duke University has been fighting with the late actor's heirs over "Duke" trademarks (restaurant services, gaming machines, celebrity licensing services, etc.) for nearly a decade, and last year, the school stepped forward after John Wayne's family attempted to register "Duke" for all alcoholic beverages except beer.

The school told the Trademark Office, "Consistent with its policies and in order to prevent tarnishment of its brand, [Duke University] does not permit use of confusingly similar marks associated with unapproved goods or services, of uncertain quality and/or unregulated by [Duke University]." Duke University, established in 1838, added that what the actor's heirs wanted to grab threatened its own hold on a variety of food products and beverages.

John Wayne Enterprises is now going to federal court over the objection, asserting jurisdiction in the Central District of California because the school actively recruits students there, raises money there, maintains alumni associations there and sells university-related products there.

One thing that the private research university doesn't do? "Duke University is not and never has been in the business of producing, marketing, distributing, or selling alcohol," states the complaint. "On information and belief, the actual and potential customer base of Duke University is vastly different from the customer base of JWE."

The actor's family now is seeking a declaratory judgment that there is no likelihood of confusion and that its attempts to register and use "Duke" alcohol will not dilute Duke University's own rights.

Later, I'll be going to the Duke of Perth to duke this out with my friend Earl.