12 Mountain View News Saturday, May 1, 2021 OPINION 12 Mountain View News Saturday, May 1, 2021 OPINION
MOUNTAIN
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Susan Henderson
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Dean Lee
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Stuart Tolchin
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Keely TotenDan Golden
Rebecca WrightHail Hamilton
Joan Schmidt
LaQuetta Shamblee
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STUART TOLCHIN
MEMORIES OF BIRTHDAY WEEK
This past
Monday, April 26. Was
my 77th Birthday and,
although I tell myself
and everyone else
that I don’t care about
such things, I had a
kind of wistful feeling
that the day was going
to pass without any
notice by the rest of the
world. On Saturday I
mentioned to a friend
in an email a couple of
days before that I was already kind of sad that my
birthday was coming and it seemed to be forgotten
by the rest of the world. My friend replied that it
was physically impossible to forget something that
had not as yet happened, but I guess I was doing the
impossible.
On Saturday, I got together with
my daughter and almost twenty month old
granddaughter, Justice, for a pre-Birthday breakfast.
We get together every Saturday but this was kind of
special. My daughter urged Justice to sing Happy
Birthday to me but as is typical, I think of that age,
Justice said no and gave me her unique rendition
instead of Twinkle, Twinkle Little Star. My daughter
said she had to get something at the market and I
asked if I could accompany her. Rather than simply
staying in the car with the baby I went in with both
of them into the Giant Ralphs Supermarket.
It was overwhelming. Believe it or not; you
probably believe it, I had not been in any kind of
market since December of 2019 when I had surgery
which was soon followed by sheltering in place
Covid Virus restrictions. The size of the market,
the many options, even the lighting, placed me
into a forgotten different world. Justice now walks
well but to make things easier we placed her, with
a little difficulty, into a market shopping cart. I
became aware that I wanted to purchase beet borsht
as a remembrance of my parents and my childhood.
Up and down the aisles I pushed the shopping cart
and, believe it or not, this giant market had no beet
borsht. My wife, who generally does everything
for both of us, claims a revulsion to it and other
Jewish delicacies of my past like schmaltz herring.
Her Mexican background understandably did not
contain a familiarity with such Eastern European
items.
Anyway as we proceeded along I did pick
up a couple of cans of mushroom soup, also a
long forgotten dish of my childhood. On a high
top shelf I spotted a large transparent package of
yogurt raisins. These yogurt rains are one of my
granddaughter’s favorites but she has only seen
them before in small little Sun Maid Raisin packages
which contained smaller raisins. Anyway, I made
the mistake of allowing my granddaughter to hold
the large transparent container full of yogurt raisins
which were probably too big for her to chew anyway.
She gleefully held on to the package as we made our
way to the check stand. Arriving there, with the
transparent package still held tightly in her hands it
became quickly apparent that she was not going to
give up the package without making a huge fuss. I
did not want to risk that so I cleverly leaned toward
LEFT, RIGHT OR CENTER!
her while wearing my baseball cap. As I predicted
she reached for the cap and took it off my head and
began to play peek-a-boo with the cap which allowed
me to grab the raisins such that the purchase
could take place. This was my major adventure
prior to the day of my birthday. By the way, when
my daughter brought me back home I wanted to
prepare the mushroom soup which involved finding
my glasses and reading the directions. Alas, we
had no milk and have not had milk in the house for
years. The mushroom soup had to wait and is still
waiting.
We now proceed to the Big Day, Monday,
my actual birthday and the day of President Biden’s
first 100th day in office. I awoke at 5:00 a.m. and
after first struggling to a successful completion of
the online New York Times Spelling Bee Game I
experienced a kind of hollow victory. I read an email
from my ex-neighbor now living in Australia where
the time zone is almost a full day ahead of us. My
birthday had almost passed there but he described
the great celebrations that had already had taken
place in Australia as part of a three day national
holiday celebrating Anza. The celebration involved
continuous drinking, smoking and reveling together
with roasting whole pigs on a spit. In the morning
people went swimming surfing and bicycle riding.
I thought hooray for them but this had nothing
to do with my birthday and anyway what the heck
was ANZA Day, (eventually I looked it up, and
you can too if you care. It is a commemoration of
the combined Australian and New Zealand Armies
(ANZA) combatting the Turks and the Ottoman
Empire during World War I).
It was now about 6:00 a.m. and with a continuing
feeling of being forgotten, I quietly opened my
bedroom door so as not to awaken my wife and
SURPRISE- SURPRISE what did I see. There was
my wife, already dressed outside the door and there
across the downstairs was a huge banner proclaiming
HAPPY 77TH BIRTHDAY. I would like to include
a picture of that banner but there were even more
surprises. Inside a large wrapped package was a
huge multi-colored striped caftan, something I had
been lacking and missing without ever knowing it
for my whole life. (My wife said she was motivated
by a comment from a psychic who mentioned 25
years ago that I would be wearing robes in my later
life) Who knows, but right now I absolutely love
wearing the caftan together with a large feathered
straw hat which was another present. I wore the
hat and caftan all day as we met first my son and his
girlfriend for breakfast, taking advantage of the now
relaxed Covid restrictions. At lunch we met another
friend, who upon being informed that it was my
birthday suggested that I wear something jaunty.
We met him, he in his customary Ralph Lauren Coat
and handkerchief and me in my wonderful caftan. (Ido hope that at least one picture of me in my caftan
will be included in the paper with this article).
Anyway, it has been a wonderful Birthday
Week filled with other memories. I wish that I
had more space but I am happy to remind you that
later in the day I, customarily, defeated my wife in
Scrabble. A rare victory! Who knew being 77 could
be such fun!!
HAPPY BIRTHDAY TO ALL
SUPREME SLEAZE: AMY CONEY
DICK POLMAN
BARRETT’S CORRUPT CONFLICT OF
INTEREST
It’s hard these days to
keep track of all the decrepitude
in public life,
so forgive me if I highlight
some new sleaze
that has likely escaped
your notice.
In the waning days of the Trump dystopia,
a group called Americans for Prosperity
– which is bankrolled by conservative billionaire
David Koch – spent more than a
million dollars on what it called “a national
campaign” to ensure that Senate Republicans
jammed Amy Co-ney Barrett onto
the U.S. Supreme Court. Then, earlier this
week an affiliated Koch group – the Americans
for Prosperity Foundation – asked the
high court to overturn a California law that
requires charities to disclose the names of
their biggest donors.
In other words, Amy Coney Barrett, who
owes her seat in part to the secret dark
money that was spent on her behalf, decided
to sit in judgement of a Koch request to
protect secret dark money. And she made it
clear, during oral argument, that she’s prepared
to do just that.
Hang on. Isn’t there a concept called “conflict
of interest”? Isn’t a judge with a conflict
compelled to recuse him/herself from such
a case?
It would seem so. The Code of Judicial
Conduct, embedded in federal law, specifically
re-quire that “any justice, judge,
or magistrate judges of the United States
shall disqualify him-self in any proceeding
in which his impartiality might reasonably
be questioned” – by a rea-sonable, objective
person. In fact, the high court applied
that standard back in 2009 when it ordered
a West Virginia supreme court justice to
recuse himself from a case that involved a
coal company CEO – precisely because that
CEO had donated $3 million to the justice’s
election campaign.
But here’s the catch: The U.S. Supreme
Court exempts itself from that federal law.
There is no Supreme Court code governing
conflict of interest. There are no ethics
rules. There is no accountability. The high
court justices police themselves, which of
course means that, in practice, they do not
police themselves at all. The court defies the
traditional legal principle of nemo judex in
causa sua (nobody should be a judge of
his own case). It deems itself exempt from
the code of conduct that governs the lower
federal courts. Aside from the nine justices
at the top of the pyramid, all other federal
judges are inhibited from putting themselves
in any situation that might convey an
appearance of impropriety.
This outrage has been obvious for a long
time. Eleven years ago, Clarence Thomas
sat in judgement of Obamacare despite the
fact that Virginia Thomas, his conservative
activist wife, earned roughly $165,000
working for several groups that fought and
lobbied against Obamacare.
A bipartisan coalition of 107 law professors
from 76 law schools asked Congress
to require that all federal judges with perceived
conflicts at least explain in writing
the reasons why they’d refused to recuse
themselves. A tepid reform, yes. But right
now the Supremes don’t have to explain
anything. So when Barrett joined the rest
of the court during oral argu-ments on the
Koch empire’s dark money plea, she didn’t
need to explain anything.
Actually, during her Senate confirmation
hearing last fall, she was asked about the
impend-ing Koch case and whether she
was planning to recuse herself. In response
she said that it would “not be appropriate
for me as a judicial nominee to offer an
opinion about such ab-stract issues or hypotheticals.”
Which was a word-salad way
of saying “No.” In a separate written answer,
she stated: “I commit to faithfully applying
the law of recusal if confirmed” – a meaningless
promise, because in practice the Supremes
ignore that law.
So, for the Koch empire, it’s clear that Barrett
was a cost-efficient investment. If she
joins her conservative colleagues to nix the
California donor-disclosure law (highly
likely), that will embolden the dark-money
forces to challenge the many state and federal
laws that cur-rently require political
groups to reveal the names of their donors.
There once was a time when conservatives
argued in favor of transparency, claiming
that unlimited campaign donations would
not corrupt politics as long as the public
knew who the donors were. As one prominent
conservative thinker declared in 2010,
“Requiring people to stand up in public
for their political acts fosters civic courage,
without which democracy is doomed.”
So said Justice Antonin Scalia. But that credo
was so 11 years ago.
And it sounds especially archaic now, with
Amy Cony Barrett having been bought and
paid for.
Dick Polman, a veteran national political
columnist based in Philadelphia and
a Writer in Residence at the University of
Pennsylvania, writes at DickPolman.net.
Email him at dick-polman7@gmail.com
IN SPEECH TO CONGRESS,
JOHN MICEK
BIDEN BETS ON DEMOCRACY
During his anything-but-typical address to a joint session
of Congress on Wednesday night, President Joe
Biden used the word “democracy,” over and over again.
Some were run-of-the-mill evocations, as was the case
when he spoke of “revitalizing” our democracy – a
promise made by more than one more president, and a
bromide meant to soothe the nation’s soul. Others were
more grave, as when he spoke of the Jan. 6 sacking of the
U.S. Capitol, calling it “the worst attack on our democracy
since the Civil War.
But one mention of democracy in Biden’s prime-time address really stood out.
It came to-ward the end, as he spoke of the challenges facing the country as it
stares down geopolitical allies who are hoping for our failure as a nation. But
he could just as well have been speak-ing of the forces at home who similarly
are hoping for his administration to fail, abetted by the aspiring autocrat in
exile in south Florida.
“Can our democracy deliver on the most pressing needs of our people? Can
our democracy overcome the lies, anger, hate and fears that have pulled us
apart? America’s adversaries, the autocrats of the world, are betting we can’t,”
Biden said. “But we have to prove them wrong. We have to prove democracy
still works, that our government still works, and we can deliver for our people.”
It’s no secret that democracies around the world are under siege, and that the
promises of authoritarian regimes are appealing to a certain segment of the
population.
Look no further than the surging popularity of French presidential candidate
Marine LeP-en. On Capitol Hill, there are such Trump-aligned Republicans as
Rep. Scott Perry of Penn-sylvania, who recently pushed the repulsive “replacement
theory” during a House commit-tee hearing.
Future historians will judge how democratic governments around the world
respond to these threats. And the price of failure is high.
During his speech on Wednesday, Biden again appealed to Republicans to join
in working to find compromise on the sweeping reimagining of the economy
that’s been the hallmark of his first 100 days. But he also made clear that he was
ready to move on without them.
“I just want to be clear, from my perspective, doing nothing is not an option.
Look, we can’t be so busy competing with one another that we forget the competition
that we have with the rest of the world to win the 21st century,” he
said, warning that Chinese President Xi Jinping is “deadly earnest on becoming
the most significant, consequential nation in the world. He and others,
autocrats, think that democracy can’t compete in the 21st century with autocracies,
because it takes too long to get consensus.”
He made the same appeal to Americans, particularly those who did not vote
for him, to join in that effort, evoking President Franklin D. Roosevelt as he
did so: ” … in America, we do our part. We all do our part. That’s all I’m asking.
That we do our part, all of us. If we do that, we’ll meet the central challenge of
the age by proving that democracy is durable and strong. Autocrats will not
win the future. We will. America will. And the future belongs to America.”
In any other time, an American president would not be required to make such
an emotional and urgent appeal for his fellow citizens to rally around, and support,
the foundational val-ues of our nation, the ones that we drum into our
children’s heads in civics class.
But as the last four years, capped off by the eruption of violence and treason
at the Capitol on Jan. 6, have shown, these are not ordinary times. And while
Biden evoked the memory of America’s 32nd president to make his case, I’ll
evoke the memory of another, the 16th, from whom Republicans, who have
wandered so far, to make mine.
Speaking in Gettysburg, Pa. on Nov. 19, 1863, President Abraham Lincoln exhorted
Ameri-cans to ” … highly resolve that these dead shall not have died in
vain – that this nation, un-der God, shall have a new birth of freedom – and
that government of the people, by the people, for the people, shall not perish
from the earth.”
That’s the debt we owe those we’ve lost during the pandemic; for the American
service members who laid down their lives to preserve our democracy. That’s
the democracy that Biden bet on Wednesday. And then, as now, it will take all
of us to make sure that American democracy survives.
Mountain Views News 80 W Sierra Madre Blvd. No. 327 Sierra Madre, Ca. 91024 Office: 626.355.2737 Fax: 626.609.3285
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