Update no.1154

 Update from the Sunland

No.1154

19.2.24 – 25.2.24

Blog version:  http://heartlandupdate.blogspot.com/

 

To all,

 

Intuitive Machines’ lunar lander Odysseus, AKA Odie, landed on the Moon near the celestial orb’s south pole where water has been previously discovered. The presence of water means there is a ready in situ supply of rocket fuel. The spacecraft had been launched aboard a SpaceX Falcon 9 booster five days previously. After the initial indications were examined more closely with other data, the company determined that the lander had apparently caught one of six legs on a rock and tipped over. They confirmed that the solar array is providing at least partial power. The company is still evaluating the extent of compromise and what they will be able to accomplish with the laid down spacecraft. Not perfect but a useful accomplishment.

 

One particular judicial pronouncement has dominated the Press this week—LePage v. Center for Reproductive Medicine [ALSC SC-2022-0515 (2024)]. The Alabama State Supreme Court rendered its judgment by what was technically an 8-1 decision, although the one dissenting opinion thought the court had not far enough with the result and went too far in the rationale. There were two similar appeals within this ruling; the companion case in this judgment was Aysenne v. Center for Reproductive Medicine [ALSC SC-2022-0579 (2024)]. The defendant, an In Vitro Fertilization (IVF) provider, accidentally destroyed frozen fertilized embryos (sic) in their custody, and the plaintiffs, two couples using the services of the IVF provider, claimed the defendants are legally liable for the wrongful death of their potential children, namely, fertilized eggs they erroneously call embryos. The declared a fertilized human ‘embryo’ is an unborn minor child under an 1872 state law—Wrongful Death of a Minor Act. Justice Cook dissented not in the findings of the court but because of the paucity of full judicial hierarchal review and in the extension of the law by judicial decree—a process disagreement. All that aside, it was Chief Justice Tom Parker’s concurring opinion that garnered the most attention by the Press. The chief justice decided to give us a theology lesson as rationale for his concurring opinion. To be clear, Parker’s opinion was not and is not the opinion of the court, but it was certainly noteworthy as a personal religious opinion rather than a commentary on the law of the state. Although I am reluctant to do so, I believe history and the public need to know precisely what he stated in this judgment of the Alabama Supreme Court. Parker concluded:

The People of Alabama have declared the public policy of this State to be that unborn human life is sacred. We believe that each human being, from the moment of conception, is made in the image of God, created by Him to reflect His likeness. It is as if the People of Alabama took what was spoken of the prophet Jeremiah and applied it to every unborn person in this state: "Before I formed you in the womb I knew you, Before you were born I sanctified you." Jeremiah 1:5 (NKJV 1982). All three branches of government are subject to a constitutional mandate to treat each unborn human life with reverence. Carving out an exception for the people in this case, small as they were, would be unacceptable to the People of this State, who have required us to treat every human being in accordance with the fear of a holy God who made them in His image.

You may judge for yourself whether such language and rationale is appropriate for an important judicial pronouncement.  Please remember, the above quotation was from a concurring opinion; not one other justice joined in Parker’s opinion.

For clarities sake, the science as we understand it today says that at the instant of fertilization (the penetration of the cellular membrane of an ovum, the ovum-spermatozoa becomes a zygote. Five to six days later, the zygote has divided sufficiently to become a blastocyst. Roughly 10 to 12 days after fertilization, the blastocyst implants in the uterine wall and becomes an embryo. Thus, technically, a fertilized egg, frozen or not, cannot be an embryo until it successfully implants in a woman’s uterus.

It is interesting when social and legal conservatives condemn progressives for stretching the ‘as written’ law, and then turn right around and do it themselves when the subject suits them. I do not believe in or advocate for legislating from the bench, but the law must represent how life is today, not how it was 150 years ago. As we see far too often, it is OK for us, contemptable for them. The court has extended the law too far. This zealotry is likely to continue until some rational standard is established nationwide; we are not close to that balance point. Hey, why not? If corporations have all the rights of citizens, why not an inanimate cell? I can easily imagine these socially conservative moral projectionists eventually attempting to extend their definitions of life to the ovum and spermatozoa, or even to the thoughts of a man or woman before, during, or after intercourse. If they go that far, then why not extend the reasoning to prior generations in the sequence that led to the dividing embryonic cells. In trying to find the necessary legal balance in the associated definition, I still believe the U.S. Supreme Court got it precisely correct in Roe v. Wade [410 U.S. 113 (1973)] [319]—quickening or viability outside the womb. 

The future will bring far more dramatic ethical and moral questions surrounding conception, birthing, and raising children to adulthood. I have offered images of perceived future as stimulant for discussion and debate. Perhaps, one day we shall mature as a society and shape a progressive advancement for us to grow and become better. In that process, we will have to define better; what does better mean? In this discussion, what do we do when we no longer need a woman’s uterus to mature a zygote, blastocyst, embryo, or fetus, or to birth a child? From my perspective, scientifically, the same principles apply—viability. 

If there is one thing LePage case has accomplished it is to illuminate the enormous lag of the law relative to the science. We cannot and must not hold the status quo. We must advance. If our ancestors had sought to maintain the status quo, or worse the status quo ante, they would have never crossed the Atlantic or the Allegheny Mountains, set aside the Mississippi, the Great Plains, or the Rocky Mountains. Life and American society are going to advance, to mature, regardless of what the Republicans, the MAGA bunch, or the social conservatives want or wish for. It is only a question of how much pain we must endure to move forward.

 

Another important but overlooked case rendered last week but overshadowed by the LePage decision was United States v. Smirnov [USDC CA CD Case 2:24-cr-00091-ODW (2024)]. Special Counsel David Charles Weiss, the lead into the Biden family, filed a grand jury indictment against a key FBI informant in the case, Alexander Smirnov. Smirnov is charged with making multiple false statements to the FBI that became centerpiece of Republican accusations of corruption within the Biden family. The evidence against Smirnov is substantial and quite convincing. Beyond the criminal charges against Smirnov, the case clearly illuminates the meddling by Russia, in this case through proxies, in the internal politics of the United States as they have done since at least 2016. Of course, as certain as the daily sunrise in the east and a dog gnawing on a bone, the MAGA bunch in the House are not deterred in unwavering efforts to impeach President Biden. The world continues to turn.

 

Then, we have a ‘non-case’ case ruling on Tuesday, the 20^th. The Supremes declined to even hear the appeal of a pair of lower court rulings against sycophant election denier lawyers for ‘you know who,’ Sidney Powell and Lucian Lincoln ‘Lin’ Wood, Jr. The Supremes offered no reason or rationale, just . . . DENIED. The result is the lower court ruling stands in both cases. The defendants in the two cases—Powell, Wood, and others—are liable for and must pay US$132,693.75 to the city of Detroit and another US$19,639.75 in legal fees to the state of Michigan. They got off easy for what they have done.

 

Our middle son watched “Last Week Tonight with John Oliver” show on the 22^nd. He sent along Oliver’s monologue clip from that show.

https://youtu.be/GE-VJrdHMug?si=pnpmf_kigqN_hF65

John Oliver is too late for me. You were spot on correct. That was a magnificent clip, well worth the time to watch it. I will include it in this week's Update. Some of what he talks about I have known and written about, but there is new stuff I had not heard. His "offer" to Justice Thomas is perfect and so bloody appropriate. I hope he takes it while Biden is president and Schumer is Senate Majority Leader, so they can do what the McConnell and the [expletive deleted, AKA the person who shall no longer be named] did. I would just love to hear them scream.

 

We received another jewel of an article from former Secretary of Labor Robert Reich.

“The Emerging Republican Theocracy – White Christian nationalism is the creed of red America”

by Robert Reich

Published: Feb 23, 2024

https://robertreich.substack.com/p/republican-theocracy

Robert Reich is spot on with his assessment. That is exactly as I see Christian nationalism in this country. I am still slogging through the Alabama Supreme Court ruling, and it has already become glaringly obvious that Chief Justice Parker chose to give us a parochial theology lesson rather than commentary on the law. To me, theocracy is just another form of dictatorship, e.g., the Islamic Republic of Iran (IRI). Both are authoritarian impositions on the whole; that is not freedom. The practical definition of freedom used by white Christian nationalists is their beliefs, opinions, their views, and their positions are the only concepts that are acceptable.

Freedom is freedom, and it is NOT white Christian nationalism defined freedom.

The reason far right Republicans, the MAGA bunch, evangelical Christians embrace conservative politics is they want to go back to a time when they dominated the entire political structure and wrote all the laws to their liking, and more importantly, they enforced those laws to impose their beliefs on every citizen regardless of the social factors. That is NOT freedom. That is NOT what this once grand republic was founded on two plus centuries ago. Either we are free, or we are not. I choose freedom . . . and I do not want or need a theology lesson from Justice Parker.

“That’s just my opinion, but I could be wrong.”

 

Comments and contributions from Update no.1153:

Comment to the Blog:

“The border bill was a gift to the Republicans that they rejected so they could campaign on ‘inaction’ at the border.

“The wheels of justice grind exceedingly slowly for Tiny. His public ranting makes him less and less popular with the non-MAGA voters.

“The current Speaker of the House (it’s a temporary job) is the Christian Nationalist version of Tiny with slightly more verbal restraint.

“Homicide is a common tactic of tyrants, but Putin has made a misstep with Navalny. When people in a place like Russia protest en masse, the tyrant is weak.

“I’ll note that the Democrats still haven’t presented a stronger candidate than Biden.”

My response to the Blog:

Yes, the proposed bipartisan Senate border bill was weighted heavily toward the Republican demands that the House leadership rejected at the behest of ihr Anführer. We shall see if it costs them at the polls this coming November.

Oh so true. The nature of the beast, I’m afraid. We must push through the muddy waters that Tiny strives mightily to make thicker and opaquer. The courts will get through it all. The question is will it be in time to affect the November election as it should.

Good assessment of Speaker Johnson . . . not high on my list.

I think so. I suspect he has misjudged the popular support Navalny carried. The Russians brought down the right wing before; they can do it again.

Correct, no, they haven’t, and they are not likely to do so before summer. We will have what we have, and we must choose.

 . . . Round two:

“My only issue with your reply is ‘We have what we have and we must choose.’ Nope. Voters as a whole can again choose not to bother, as they have before. That's how the Democrats could lose another election to the least popular candidate ever.”

 . . . my response to round two:

Quite so! Every citizen has freedom of choice. They are entitled to vote for whomever they wish, or do nothing whatsoever. Too many Americans take a “What Me Worry” attitude toward voting. Yes, Democrats could lose the upcoming election if they cannot find the means to stimulate citizens to vote. At the end of the day, we will get what we deserve whether it is the orange Jesus or an aging octogenarian. It will be what it will be. As for me, regardless of who the candidates are, I will vote for the best candidate on the ballot . . . that is, unless the orange Jesus is the only candidate, then I will write-in someone else.

 . . . Round three:

“On a more cheerful note, 538 this morning discusses the internal strife in Republican parties in Michigan, Arizona, and Georgia, three key swing states. We're beginning to see cracks in the facade. Remember that in Georgia Republicans are prosecuting Tiny; that ought to be interesting.”

 . . . my response to round three:

Strife, chaos, dysfunction, and desperation are all appropriate descriptors for the craziness of the so-called Republicans at least in Arizona. Every day, there is another idiocy exposed to public scrutiny. One of the most recent and egregious examples is House Concurrent Resolution 2055 [1153], which is not likely to become law, but that is not the point. Republicans are so desperate to retain the power and influence they once enjoyed that they will throw any mud, slop, and excrement at the walls to see what sticks. Semper Vigilantis!

 . . . Round four:

“Just to add to the fun, Robert Reich's column this morning is about whether Biden should step back and let the Democrats have an ‘open’ convention. I differ with his conclusion, as do most of his readers.”

https://robertreich.substack.com/p/my-surprise-at-yesterdays-substack#poll-149081.

 . . . my response from round four:

Interesting argument. It is a valid argument, it seems to me. Added to the rationale is the paucity of any discernible effort by President Biden to disabuse Democrats and the American People from the notion of his frailty. The Democrats are free to select their candidate however they see fit. Based on the state primaries and caucuses so far, I suspect the Democratic National Committee is setting up to do just that or something similar. Regardless, what the Democrats are doing is infinitely better than what the Republicans are doing—voting, smoting, who needs voting; let’s just declare the orange Jesus king and dictator for life.

 

Another contribution:

“Hope you are well and another great blog.I was particularly disappointed in Republican leadership who seemed to take his Nato comments as ‘no big deal, just XXXX being XXXX’. Easy to say, but NOT how our allies and other nations take his comments. I have been overseas a lot in the last couple of months and he is disturbing many of our closest allies – and I would guess – emboldening our enemies.

“Republicans (of which I still am – but in his terms in name only) also are making a grave mistake holding up aid to Ukraine. We support them now, or it will be our service men and women in a few years. The graves then will be his fault.

“Anyway apologize for the rant and really hope you are well.”

My reply:

Great to hear from you, my friend. All is well . . . after we discount the rigors of aging. But I am still upright, above ground, and productive in my passion for writing.

From my perspective, ‘disappointed’ seems like a particularly subdued descriptor. I would have no problem with “no big deal, just XXXX being XXXX” if he was just a private citizen like you and me. He is a citizen and thus entitled to speak his mind as he wishes as we are. What differentiates [the person who shall no longer be named] from you and me is, he is attempting to return to the Oval Office with his slimy hands on the powerful instruments of state. I give him no tolerance or leniency for that reason alone. Historians have long stated the Korean War sparked into armed conflagration by an unfortunate misstatement by Secretary of State Dean Acheson on 12.January.1950. For people in power, words matter a great deal. Tiny does NOT get a pass.

Absolutely, our friends and allies are quite apprehensive about the potential for a second term by the rabidly malignant narcissist. What he does and says affects them, directly and indirectly, which it what I found so telling and chilling in Tiny’s public statement a week ago Saturday. That is what the man does not understand, appreciate, or respect. His dictator-philia absolutely encourages our adversaries. People who encourage and support [the person who shall no longer be named] do not care a hoot about the consequences.

Spot on, correct. Pay me now or pay me so much more later. Putin and his right-wing supporters in Russia will not stop with carving off part of Ukraine. Putin wants to return to the expanse and greatness (fear) of the USSR glory days after WW2. The Ukrainians have not asked for troops; they have only asked for weapons and ammunition. The latter is far less expensive than the former. Once Putin crossed the NATO border, U.S. troops it will be. The Republicans of today are NOT the Republicans I remember of yesteryear. I do not recognize today’s Republicans.

You are welcome to rant anytime you wish about any subject you wish; that is the purpose of his humble forum. So rant away whenever the mood strikes.

 

A different contribution:

“Thanks Cap. Do you know I must really try this ‘snake oil’-maybe our local chemist.

“We’re still experiencing a mild/wet winter. It looks as though this month could be the wettest on record and that goes back a very long time. Our friends in NZ are suffering a very hot but dry summer and are asking for rain. Global warming? What else.

“OK Bud keep punching the keyboard.”

My response:

Oh my gosh, please do not do that. That nasty stuff he peddles is very addictive, whatever it is, and does nothing useful. It is fake like he is. Apparently, when you use it once, you are addicted for life.

California is getting hit again. On the positive side, their reservoirs are nearly full, as our reservoirs are, so the water situation out there has improved significantly, although Lakes Mead and Powell remain too low but rising.

 

My very best wishes to all.  Take care of yourselves and each other.

Cheers,

Cap                  :-)