Monday, 14 June 2004

Downtown livin' large

News like this makes me happy I decided to get an apartment in Belhaven rather than living in Ridgeland or northeast Jackson.

Of course, knowing my luck, this coming year will be the year Jackson finally decides to fix Fortification Street (which drives like it was last resurfaced during the Nixon administration) and they find the cash to stick in all the speed humps and roundabouts they want to put in the neighborhood.

Pledge stays unchanged

Contrary to my expressed preference in the case, the Supreme Court decided to duck the case by pretending that Michael Newdow lacked standing to bring the case in the first place, a decision that essentially concedes (at least in the mind of this attitudinalist) that the Court couldn’t muster five votes to keep “under God” in the pledge without using the bogus “standing” issue. Indeed, Stevens’ justification for the 8–0 ruling (Scalia recused himself) amounts to a non sequitor:

When hard questions of domestic relations are sure to affect the outcome, the prudent course is for the federal court to stay its hand rather than reach out to resolve a weighty question of federal constitutional law.

How, exactly, does the question of who has custody over Mr. Newdow’s daughter affect whether or not the pledge of alliegance is constitutional? Whether or not the child’s mother approves of the pledge is irrelevant to the legal issue at hand.

One suspects, however, that this holding action won’t settle the argument for good, as I’d imagine Mr. Newdow will find another athiest parent with uncontested custody, or a high-school student of majority age, to bring a similar case in the near future.

Update: Stephen Green, Eugene Volokh (via Anti-Climacus), Jacob Levy, Mark of Memphis Red Blogs, Steven Taylor, and Spencer of Mediocrity’s Co-Pilot also have posts on the decision.

I think the interesting political question here is why the Supremes granted certiorari in the case; the standing issue certainly could have been decided without an oral argument, and perhaps even without briefs (the case simply could have been reversed and remanded). I don’t want to post too much about my thoughts, because I think this might be a good discussion topic in Con Law in the fall when we talk about the structure and powers of the Court, even though the content of the semester focuses on topics other than civil liberties (except economic regulation, which is covered).

Half a birthday

Since it’s Flag Day, it must also be my “half-birthday,” a useful modern invention for those of us with December birthdays who got cheated by fate out of a proper commemoration of our actual birthdays. (Interestingly enough, both of my parents and my first cousin also have December birthdays, and my birthday is exactly between my parents’ birthdays. Numerologists would have a field day with all this, of course.)

Art and political scientists

Dan Drezner discusses a Chronicle article ($) on the newspaper clippings that academics post on and around their doors. When I had an office door, my postings were on the mundane side: office hours, a Wall Street Journal editorial on eminent domain abuse in Mississippi, and a couple of forgettable political cartoons. After 9/11 they were joined by a printed U.S. flag that the university administration sent out en masse. Perhaps I will be more creative at Millsaps.

Laura of Apartment 11D’s art discussion goes after ‘performance artist’ Andrea Fraser, who’s blazing a trail only previously trod by the likes of Linda Lovelace, Traci Lords, and Ron Jeremy.

Texas bringing WiFi to the highways

The Texas Department of Transportation plans to install free WiFi hotspots at all of its highway rest areas, after a pilot project at 4 rest stops along U.S. 287 found them to be a hit with the motoring public.