Lisa Stone recently reminded us that she’s “no attorney.” But,
she certainly does cyber-hang with a lot of them at the Law.com
Weblog Network. Would one of them please explain to her why
a judge
just might — appropriately — have a different opinion
on an issue [or the outcome of the judicial or legislative
process relating to that issue] than he or she has as a
private citizen or as
a politician “Vote neg” .
Therefore, despite Lisa’s post today, we cannot and should
not know how Harriet Miers would vote when presented with
abortion-related issues, simply by knowing her stance as a
politician in 1989. (See, e.g., A Matter of Interpretation, by
Antonin Scalia, 1987; cf., The Federalist Papers.)
update (9:30 PM): Lisa has added this to her post, in response
to my above complaint:
“Updated graph: Sorry, but I think the selling of this
particular candidate in the past week–both over and
under-the-counter–makes this appropriate distinction
of roles (so appropriate-sounding with the nomination
of Roberts, who worked for Reagan and then served
as a judge) sound disingenuous where Miers is concerned. “
I just emailed Lisa, saying that making the distinction is the only
appropriate reply that the White House or any other interested
parties should be making, and adding: “We shouldn’t expect a direct
answer to the abortion question, even at the nomination hearings.
Your take on this in today’s post sounds more like a journalist trying
to create a controversy than one trying to help explain an important
public issue.”
update (Oct. 19, 2005): Steve Bainbridge made my point nicely
today, in a post titled “Will She or Won’t She?“:
“I start with the hope that Miers’ 1989 statement does not
tell us how she will rule. In my book (or, more precisely,
my article), judges are not supposed to decide cases
based on personal political policy preferences. They are
supposed to try to figure out what the law is, which in the
case of Roe means looking at the text of the Constitution,
the intent of the framers, and the traditions of our country
(i.e., originalism, textualism, and traditionalism). One thus
can readily imagine a judge who would vote to support a
state ban on abortions and then turn around and, in his
capacity as a judge, strike that very same law down because
the judge believes stare decisis requires him or her to adhere
to Roe.”
by dagosan:
running for judge —
she practices
her braille
[Oct. 18, 2005]
October 18, 2005
pols & judges: the roles are different, Lisa
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no quotas aloud
It’s been difficult finding a topic for punditry today. I was impressed
yesterday by the RiskProf’s suggestion that the next Fed Chairman
might come from the Texas Cosmetology Advisory Board. So, I
surfed over there this morning. The Board’s Presiding Officer is
Clive Lamb. “Chairman Lamb” should have a nice docile ring to it
for the President. [Prof. B. also thinks GW Bush might pick a
crony.]
I just saw the tagline on the masthead of the
Texas Department of Licensing and Regulation – it says “the
umbrella licensing agency of the State of Texas.” Do you
mean to say that umbrellas are more regulated than handguns
or shotguns in Texas? They really do need Kinky Friedman
for Governmor.
for their own seat on the Supreme Court by all the cranial-conservo-
crybabies isn’t asking for a quota, or at least affirmative action. How-
ever, I’m not going to waste more pixel-space on the topic until some-
thing important takes place in the Miers’ confirmation process.
Therefore, instead of worrying about cronies and quotas,
I’m going to help address a recent deficit at this website:
not enough haiku from DeVar Dahl. We have no quota
for Canadian artistry — just for quality one-breath poems:
the crisp wings
of an old dragonfly
autumn sunset
dull pencil
the staff meeting
goes on and on
“the crisp wings” – Snapshots Magazine #10 (2004)
“autumn winds” – hon men., WHC Shiki Haiku Poems Contest
“dull pencil” – Haiku Canada Newsletter 16:1
“heat wave” – from Basho Mem. Museum (English selections, 2005)
by dagosan
autumn cycle
one red and one brown
sock in the tub
two rainbows
in one day —
no one to tell
[Oct. 18, 2005]
potluck
click on through, to see the latest bunch of October haiku by
paul david mena, with photos by mary melodee mena. Being
partial to Einstein’s quote about plaid pants, I must dissent,
however, to the notion expressed in this haiku.
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a great free novel: “Dewdrop World” by David G. Lanoue
Xavier University Professor David G. Lanoe was one of the many thousands
displaced from New Orleans by Hurricane Katrina. A month ago, we were
happy to report that David, one of our first Honored Guest poets, and our much-
utilized Issa Translator, was safe in his hometown of Omaha, and using the forced
sabbatical productively — working on his latest novel, Haiku Wars, and translating
many more Issa poems.
this world
is a dewdrop world
yes… but…
—Issa (“Cup-of-Tea”)
Over the weekend, we received more great news: David — author of two highly- “Haiku Guy neg”
acclaimed haiku novels, Haiku Guy (2000) and Laughing Buddha (2004) — has
finished and published (on October 17th) another long-contemplated novel, called
Dewdrop World. Even better, although he plans to publish Dewdrop World in printed
form, David is making the novel available for dowloading free in pdf format (362 KB).
Here’s how David explains his decision:
“Throughout my hurricane exile, the kind support from friends,
family and strangers has been truly amazing. This sneak preview is my
small way of saying thanks to all who have helped the citizens of New
Orleans in our time of need. arigatou gozaimashita!”
the city Care forgot
is drowning, Care
remembered
david g. lanoue
“lanoueSelf” In June 2004, I shared my delight after reading Haiku Guy, saying: “This
slim volume entertains and captivates, while wistfully teaching ‘about love,
poetry and just what it all might mean.’ Along the way, it weaves in dozens
of one-breath poems that will make haiku afficionados smile, and turn the
haiku-illiterate into haiku addicts.” It has adventure, romance, time travel,
and more. (You can read the first two chapters here.) I have often given
both Haiku Guy and Laughing Buddha as gifts, making quite a few new Lanoue
fans.
Because I wanted to write this post right away, I haven’t finished Dewdrop World. But, it
seems clear that David has “done it again.” If you haven’t read his prior books, please
do yourself a big favor and check out Dewdrop World. You’ll soon be a fan, too.
[see the update below for a brief description of the haiku novel Dewdrop World.]
Here are a few of the fine haiku and senryu that you will find in
Dewdrop World:
it’s good
to be a horse
the sweet meadow
balcony view
the blonde’s
black roots
playing their parts
on the paper screen
spider, fly
one last teatime
for the autumn
butterfly
after meeting the turtle
every rock
a suspect
lanoue/chiara
cleansing my ears
for music
quiet mountain
David G. Lanoue from Dewdrop World (2005)
update (Oct. 18, 3 PM): David Lanoue just sent me this
brief description of Dewdrop World:
In Dewdrop World we follow the drunken Poet in Green, Mido,
on an adventure in Old Japan in which he finds himself to be
the unlikely protector of a runaway geisha. Meanwhile, in modern
New Orleans, the narrator has his own share of problems, as he
has fallen in love (lust?) with the mysterious, maybe crazy,
girlfriend of a local drug lord.
Dewdrop World asks the same question that Buck-Teeth’s haiku
master Cup-of-Tea asked when his children died, one by one:
How can we keep on living (and smiling) in this “dewdrop world”
where everything and everyone, including all whom we love, must
fade away?
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