Those Unexpected Variables

Scientific research can be even harder than I thought:

Laboratory mice tend to be more stressed when they can smell men, making them behave differently in experiments depending on whether they are handled by a man or a woman. The finding raises important questions about past research using mice, since animal studies generally don’t control for an experimenter’s sex.

Todd Gould at the University of Maryland began investigating this issue after his team couldn’t replicate a simple lab result. The experiment involved a “forced swim test”, in which researchers place mice in a tank of water and see how long they keep trying to swim for. When they stop swimming, the researchers take them out, unharmed.

In previous tests with male experimenters, mice tried to stay afloat for longer if they were given ketamine, an antidepressant. But when Polymnia Georgiou, a female researcher who was working in Gould’s team, carried out the test, the mice gave up quickly regardless of whether they were given ketamine. [“The sex of the researcher can influence results of mouse experiments,” Jonathan Moens, NewScientist (17 September 2022, paywall)]

In retrospect, it makes sense. But I still insist on being flabbergasted.

Word Of The Day

Bifurcation:

A division into two branches; a forking. …

Bifurcation is the act of splitting something into two branches, or an example of a situation where something splits or there is a fork.

Bifurcation is based on the verb bifurcate, which means to divide or fork into two branches. These words are most often used in technical and scientific contexts, such as engineering and medicine.

Example: The hiking trail has a bifurcation about three miles in; make sure you go down the left branch. [Dictionary.com]

It seems a bit odd that I’ve made it this far without really having much of a clue about bifurcation and its root.

Noted in the Feedback column, NewScientist (17 September 2022, paywall):

World Standards Day 2022 will soon be upon us. The public’s enthusiasm for this annual bifurcated event, which celebrates the technical rules and regulations that keep society running, seems undimmed by the covid-19 pandemic.

The bifurcation is geographical. This year, most of the world will celebrate World Standards Day on 14 October. This date is specified by a consortium of three groups: the International Organization for Standardization, the International Electrotechnical Commission and the International Telecommunication Union. The goal is to recognise the importance of international standards.

Meanwhile, the US Celebration of World Standards Day will take place on 13 October. Its date is specified by the American National Standards Institute (ANSI) and the official theme is “Sustaining the U.S. Standards Model and American Standards Leadership”.

Well. I think that’s a reprimand. Maybe.

The 2022 Senate Campaign: Updates

They should all take a ski trip, and the survivors can be declared winners. That’s sort of like the former President offering to take the lead on ending Putin’s War. In other news:

  • Former Maryland Lt. Governor and Republican Party Chairman Michael Steele (R) believes there is a “pink wave” coming in November, disregarded or undetected by pollsters. The pink wave are women who don’t usually vote, but will vote Democratic this cycle. Why disregarded? My guess, unsupported by experience or evidence, is that pollsters adjust raw data based on previously detected factors, and this wouldn’t be supported by previous occurrences. If Democrats do win big in November, then Steele gets credit for an insight I haven’t seen mentioned elsewhere.
  • In perhaps an iconic mark of the incompetent, even childish, amateur at work, former President Trump broke Party discipline and has attacked fellow leader Senator McConnell (R) for his support of the Continuing Resolution that is keeping the government up and running during these days of hurricane (Ian) and war (Putin’s War), according to CNN/Politics:

    Former President Donald Trump on Friday night directly ridiculed Senate Minority Leader Mitch McConnell, saying on his social media platform that the Kentucky Republican had a “death wish” for supporting “Democrat sponsored bills.”

    Trump, in his Truth Social post, also mocked McConnell’s wife, Elaine Chao – who was born in Taiwan and served as Trump’s secretary of transportation – referring to her as McConnell’s “China loving wife, Coco Chow!”

    So is this the sort of thing that’ll break the Republicans in half? While Trump’s MAGA voters may try to take him seriously, the fact of the matter is that many candidates McConnell has endorsed and even helping with his Senate Leadership Fund (SLF) are also endorsed by Trump, and those few that might not fall into that category, such as Senator Murkowski in Alaska, are already well known to the MAGA voters.

    And do the MAGA voters matter? Popular report has it that the MAGA rallies are ill-attended these days. It may be that the former President is coasting on past glories these days, despite the number of endorsed extremists of which he can boast.

    In the end, I suspect Trump’s temper tantrum, best interpreted as the wailing of someone who thinks they have fabulous political insight, but doesn’t, is little more than inadvertent entertainment for everyone who is not a Republican.

  • A rated Fox News Poll reports Senator Kelly (D) leading Blake Masters 46% – 40% in Arizona. Their August poll gave Kelly an 8 point lead, but both lost ground in this poll. There is a ±3 point margin of error.
  • Fox News Poll also reports that Senator Johnson (R) is now leading Lt. Governor Mandela Barnes (D) 48% – 44% in Wisconsin. Given the conspiracy rumors in which Johnson indulges, it’s a real disappointment.
  • A poll from Franklin & Marshall College Poll, B/C rated by FiveThirtyEight, gives Lt. Governor Fetterman (D) a 45% to 42% lead over Dr. Oz Mehmet (R) in Pennsylvania. This seems abnormally small, especially in view of Marist Poll just giving Fetterman a ten point lead. No margin of error is given.
  • Candidate Don Bolduc (R) of New Hampshire is a flip-flopper. First, he thought there was electoral fraud in 2020. Then, soon as he became the GOP nominee for the New Hampshire Senate seat, he said research showed that’s not true, that the election had no systemic fraud. Now? Back on the election denial wagon, apparently. Frankly, he seems a bit frenzied to sit in the Senate. It was intended for sober legislators, not this guy.
  • Challenger Madison Horn (D) remarks on former President Trump’s endorsement of candidate James Lankford (R) for reelection in Oklahoma.
  • GOP-leaning pollster Trafalgar’s latest poll in Colorado suggests Senator Bennet’s (D) lead over challenger Joe O’Dea (R) is shrinking, 48.6% to 42.6%. If accurate, then O’Dea no longer has the mountain of changing people’s minds to climb, just the mountain of undecided independent voters to climb.
  • Senator Schumer (D) of New York has a 55% – 36% lead over challenger Joe Pinion (R) according to A rated Siena College. Two months ago Schumer held a 22 point lead, according to Emerson College, but if this decay in Schumer’s lead continues, the rate of change is not enough for Pinion to pull the upset.
  • Unknown to FiveThirtyEight, but reportedly conservative, pollster Civitas has North Carolina as a statistical tie, with Cheri Beasley (D), the former State Supreme Court Justice, leading Rep Ted Budd (R) 44.0% – 43.7%.

The last time I did this is here.

Word Of The Day

Dispensational Premillennialism:

In parts.

Dispensationalism was a system formalized by John Nelson Darby which maintains that history is divided into multiple dispensations in which God acts in multiple different ways. Dispensationalists believe in premillennialism and in a rapture that will happen before the second coming. [Wikipedia]

Premillennialism:

Premillennialism, in Christian eschatology, is the belief that Jesus will physically return to the Earth (the Second Coming) before the Millennium, a literal thousand-year golden age of peace. Premillennialism is based upon a literal interpretation of Revelation 20:1–6 in the New Testament, which describes Jesus’s reign in a period of a thousand years. [Wikipedia]

Rapture:

The rapture is an eschatological theological position held by a few Christians, particularly those of American evangelicalism, consisting of an end-time event when all Christian believers who are alive, along with resurrected believers, will rise “in the clouds, to meet the Lord in the air.” The origin of the term extends from Paul the Apostle‘s First Epistle to the Thessalonians in the Bible, in which he uses the Greek word harpazo (Ancient Greekἁρπάζω), meaning “to snatch away” or “to seize,” and explains that believers in Jesus Christ would be snatched away from earth into the air. [Wikipedia]

Noted in “For some Christians, ‘rapture anxiety’ can take a lifetime to heal,” A. J. Willingham, CNN:

The concept of the rapture, known theologically as dispensational premillennialism, is not prevalent in Catholic or mainline Protestant denominations like Episcopalianism or Presbyterianism, and is most commonly adhered to in evangelical and fundamental churches. This line of theology draws heavily upon a letter from the Apostle Paul to the Thessalonians, included in the Bible, that says believers in Jesus would be snatched or seized into the air.

Quite literally. Fun fact from the article: The word rapture does not appear in the Bible. Which is a bit of a problematic statement in that the Bible is not originally an English document.

Quote Of The Day

This is reassuring:

The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understands the minds of other men and women.

Learned Hand [AZ Quotes]

I’m not being sarcastic. For the last year or so, I’ve been occasionally meditating on the thought that the American Republic’s intellectual foundation is best described as doubt. That is, we operate best when we swallow that natural arrogance that comes from our beliefs about ourselves and our divinities, acknowledge that none of us really are great at governance, or much of anything else, and that our analyses, debates, conclusions, and consequent actions should reflect this simple, yet offensive to so many, truth.

Whether our arrogance comes cloaked in the terribly woven cloth of faith, or a self-confidence earned in one field that does not transfer to another, it is the tack we step on, barefooted, that, unseen, turns our striding thoughts into limping, half-formed monsters.

We really should learn from Judge Hand. The volume of our public discourse would drop precipitously.

Tied Up In Knots

Professor Richardson’s summary of the day’s events included something that looks like insanity in regards to the debt ceiling:

And yet, Senate minority leader Mitch McConnell (R-KY), who had voted to raise or suspend the debt ceiling 32 times in his career, said, “There is no chance, no chance the Republican conference will…help Democrats…resume ramming through partisan socialism.” His stand was in part because it was not clear he had the votes he needed to support an increase, even though establishment Republicans like McConnell were quite aware of the damage a default would create.

It’s, no doubt, partly due to short-term power-grasping. Republicans have little tolerance for being the minority party, and will do literally anything to control the government.

But it’s all a bit crazy, isn’t it? It doesn’t take a political genius to see Democrats evaluating the situation, pushing ahead with their policies, and when the world is collapsing and corporations are reeling and jobs are disappearing, blaming, quite correctly, the extremist and absolutist Republicans. They’ll point out how this endangers military aid to Ukraine, a popular endeavour. It might not be the final doom of the Republican Party, but we’ll be able to see the cliff over which they’re heading, because most independents, and not just a few suddenly jobless Republicans, will agree with the Democrats and abandon the Republicans and what passes for their policies forever.

So what’s going on?

The Republicans may or may not be conscious of it, but they’re discovering the flip side of the Gingrich Doctrine of Win at all costs! – including that of one’s honor. In short, Republicans are irretrievably married to the assertion that Democrats are socialists. Never mind that polls show that most Republicans don’t know the meaning of the word –

Socialism is a left-wing] to far-left economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. [Wikipedia]

I’m certain one or two such folks can be found espousing such a philosophy in the United States – there’s even one named Sanders, I hear – but most Democrats are busily trying to patch the holes in this creaky, leaky system called capitalism, rather than replace it with a system most voters wouldn’t like as a whole.

Not that I have any better ideas offhand.

Back to the point, though, is that in order to exhibit consistency, which voters value, now Republicans have to follow through on their wicked cries that Democrats are socialists. They have to, or the voters will suspect a grift. And it doesn’t help that political amateur, McConnell rival, and former President Trump continues to exert influence on the Party:

Driving the Republican stance was former president Trump, who pushed MAGA Republicans to use the threat of default to get what they want. “The way I look at it,” he wrote, “what the Democrats are proposing, on so many different levels, will destroy our country. Therefore, Republicans have no choice but to do what they have to do, and the Democrats will have no choice but to concede all of the horror they are trying to inflict upon the future of the United States.” Trump was not happy when McConnell backed down [a few months back]. He issued a statement blaming McConnell for “folding” and added, “He’s got all of the cards with the debt ceiling, it’s time to play the hand.”

The hand consists of hand grenades, and Trump wants to pull the pins and then dare the Democrats to not put them back. The Republicans keep holding the grenade, waiting for those pins to be put back in.

All of this driven by their ridiculous lies, their toxic team politics that has led to fourth-rate power-seekers in office, and a general foolish allegiance to the Gingrich Doctrine.

And their bulgy-eyed cries of Let’s destroy government! for no particularly good reason will become another arrow in the quiver of Democratic candidates for office.

Occupation

So I see the late Queen of England’s entry in the Register of Deaths has been published:

I liked the entry for Occupation. Sadly, I suspect my entry will not read Hue White, as I fear that it is more of a hobby.

Word Of The Day

Psychoacoustics:

Psychoacoustics is the branch of psychophysics involving the scientific study of sound perception and audiology—how humans perceive various sounds. More specifically, it is the branch of science studying the psychological responses associated with sound (including noisespeech, and music). Psychoacoustics is an interdisciplinary field of many areas, including psychology, acoustics, electronic engineering, physics, biology, physiology, and computer science. [Wikipedia]

Noted in “The Search For The Perfect Sound,” Geoff Edgers, WaPo:

CDs were not a crime against sonic nature. Their success as a product did lead to major shifts, though. Suddenly, the technologists, not the music geeks, were in charge. They focused on psychoacoustics, a field that embraces the idea that our ears can mask deficiencies in a recording. What we hear isn’t merely what’s presented but how we interpret it.

I’ve known audioheads for decades, but never really paid attention. This is an interesting exploration of the subject from the inside.

The 2022 Senate Campaign: Updates

So much blah. You’d think we’d run out. Here, you can have some of mine.

  • In the ever-popular Arizona race, Suffolk University gives incumbent Senator Kelly (D) a 49.0% to 42.2% lead over challenger Blake Masters (R). Suffolk is rated B+. Kelly’s lead has been all over the map, but this seems like a solid, middle of the road number. Meanwhile, in a bit of an echo, A rated Marist Poll suggests Senator Kelly (D) is leading 51% – 41% challenger Blake Masters (R) in Arizona. Senator McConnell’s (R-KY) signals that Masters is unsalvageable may prove correct, but I would like to see Kelly with a fifteen point lead with less than a month left. Notable remark: Among independents, Kelly (51%) receives majority support and leads Masters (34%) by double digits. A 19-point gender gap also exists. While a majority of women (55%) support Kelly, men divide (47% for Kelly to 46% for Masters). These are the remarks that I’d expect to doom Masters.
  • But Pennsylvania could be even more ever-popular. Or was it more broken? Anyways, A rated Marist Poll gives Lt. Governor Fetterman (D) a 51% – 41% lead over Dr. Oz Mehmet (R). While it’s disappointing that so many Pennsylvanians think the TV celebrity with a long history of promoting snake oil deserves a position in the Senate, at least the number sounds right. Notable other finding: When thinking about midterm elections, 40% of Pennsylvania adults say inflation is the issue that is top of mind. Preserving democracy (29%), abortion (16%), immigration (7%), and health care (7%) follow. Which speaks to my observation that democracy is like sex: if you’re getting some, it’s not at the forefront of your mind. If you’re not getting it, it’s the only thing on your mind. On the other hand, A rated Fox Newslatest Pennsylvania poll for the Senate race shows Lt Governor Fetterman (D) leading Dr. Mehmet Oz (R) 45%-41%, a statistical dead heat. Which leads to the inevitable question: Why the difference between two top ranked pollsters? I suspect the thumb on the scales at Fox News for conservatives is stronger than that at Marist. It is, after all, Fox News, although A rated is A rated. We’ll find out whose adjustments are more accurate in November. B rated InsiderAdvantage has a similar result, 44.8% to 41.7%, again within the margin of error.
  • Senator Lankford (R) of Oklahoma has received former President Trump’s endorsement. Is this a good thing or a bad thing? Probably good for Lankford at the moment, but by the time Election Day has rolled around, it could be very, very bad. Nyah, who am I kidding? He’s an incumbent conservative in a highly conservative state. So far as I know there’s no blemish on his record; he seems to be a back-bencher.
  • A rated Siena College gives Rep Ryan (D) a 46% – 43% lead over J. D. Vance (R) in Ohio with a margin of error of ±4.4 points. This state has become one of the hottest Senate battlegrounds, which suggests to me that the Ohio’s natural conservatives are confronting the extremist conservative views embodied in Vance, principally the overturning of Roe v. Wade, the proposal of a national abortion ban, and an opposition to divorce, and are beginning to have doubts about them. If Ryan can avoid a faux pas, he may snatch a victory here and make the Democrats two-for-two in Ohio Senators.
  • In Kansas, Governor Kelly (D) has picked up another endorsement from a Republican, in this case former Governor Mike Hayden (R-KS). So? So, if Hayden is widely respected in the state, this may compel some Kansans to re-examine their views on the Senate race of incumbent Jerry Moran (R) and Mark Holland (D) and, perhaps, change their minds. Holland has a long ways to go, and must grasp after every bit. But I don’t know enough about Hayden’s reputation in the state to guess if he’s influential or not.
  • Senator Blumenthal (D) of Connecticut continues to sport a large lead, this time 53% to 40%, over challenger Leora Levy (R), in a Hearst/WFSB poll. Notable: Levy, a Republican National Committee member and long-time party fundraiser, was not recognized by 36% of likely voters and 21% had no opinion of her. Among those who did, 18% were favorable and 23% unfavorable. Apparently she’s having trouble getting her message out, or she’s not campaigning just yet. But it does suggest some fallow ground to till.
  • Polls are surprisingly scarce in Illinois, and my DuckDuckGo searches keep showing me a link to how Senator Duckworth (D) has a lead but has “soft” support. Maybe that’ll disappear with the A- rated Emerson College Polling result of a 19 point lead for Duckworth, 50% – 31%, over challenger and “I’m the only Republican who can defeat Tammy Duckworth in the fall!” claimant Kathy Salvi (R), which is a highly unfortunate echo of the former President and current endorser. As this is a 9 point fall for Salvi from the only other poll, she’s definitely moving the wrong way very quickly. Notable: President Joe Biden has a 49% job approval among Illinois voters, 44% disapprove of the job he is doing as president. Important? I think so. Duckworth’s 2016 victory margin? Roughly 15 points, so her current lead is not a surprise.
  • Senator Hassan (D) of New Hampshire continues to have an almost-comfortable lead over challenger Don Bolduc (R), 49.6% – 41.2%, according to B+ rated Suffolk University. A little higher and I’d be willing to say that Hassan seems assured of winning. But what are New Hampshire Republican voters thinking when they nominated Bolduc, and then select him in the poll? Reminds me of the time my conservative Uncle Bill, up for a visit from Illinois, asked me why the hell that “dingbat” notorious Minnesota Rep Michelle Bachmann (R) kept getting reelected. I had to say I had no idea.
  • A- rated Public Policy Polling gives Senator Murray (D) a 52% – 40% lead over challenger and moderate Tiffany Smiley (R) in Washington, suggesting Republican hopes of flipping this seat are in tatters.
  • B/C rated Fabrizio/Anzalone (aka FabrizioWard + Impact Research aka ALG Research – so confusing), for AARP Wisconsin, is giving Senator Johnson (R) a 51% – 46% over Lt. Governor Mandela Barnes (D) in Wisconsin. with a ±4.4 point margin of error. Notable: Both [candidates] are viewed unfavorably by 50% of voters, with Johnson’s favorable rating (48%) a bit higher than Barnes’ (43%). Johnson’s disrespectful treatment of voters should turn off citizens; I don’t know why folks don’t like Barnes, but I don’t live there. Then again, A- rated Public Policy Polling has this race tied at 47%.

That bag of old, tepid coffee grounds may be found here.

Playing Dirty

I see that Steve Benen’s upset over the latest Republican ploy:

A couple of months ago, Sen. Rick Scott pushed a line of attack that was ridiculous, even by his standards. Democrats, the Florida Republican insisted, had just successfully “cut $280 billion from Medicare.”

Part of the problem was with the messenger — Scott used to oversee a company that committed Medicare fraud on a massive and historic scale — but the message itself was about as offensive. The GOP senator was referring to the Inflation Reduction Act, which included provisions that empower the Medicare program to negotiate lower prices for consumers on prescription medications.

Because seniors will pay less, and taxpayers will save money, Scott described it as a “cut.” As we discussed soon after, in the English language, there is no credible definition of “cut” under which this falls, but the Floridian pushed the line anyway.

And now this claim is being packaged as a TV attack ad. Ah, the odiousness of it all!

And it’s truly dishonest, make no mistake. A savings achieved through smart legislating is not a cut, it’s a savings.

But is it any more odious than the Democratic practice of supporting extremist Republicans during primaries in hopes that a candidate unacceptable to voters, particularly due to poor reasoning or the simple power-seeker with no restraints, in the general wins the Republican nomination?

Isn’t that intrinsically dishonest? Even when no less a personage than the late Senator Majority Leader Harry Reid (D-NV) did it with challenger Sharon Angle (R) in 2010?

Look, dirty campaigning is more of an American tradition than a crime, but outrage over something like this seems a bit overdone, at least to this independent.

That Test Of A Kinetic Impactor

Here’s the strike of DART on the asteroid Didymos on radar:

Dr. Philllips of Spaceweather.com comments:

This was the result of the 1,340-pound spacecraft plunging into Dimorphos at 14,000 mph. Most of the debris is probably asteroid dust, but some of DART may be in there, too. A similar video was recorded by the 1-meter Lesedi telescope in South Africa.

Good Plane GOP Is Afire!

Sometimes staring at the trees just yields trees, so here’s a chart, as fragmentary and with some low-confidence data, that might give the reader some thought:

This chart shows, for all incumbent GOP Senators running for reelection for which there's current poll data available, their margin of victory in 2022 2016 in the red bar, and their current lead, according to pollsters, in the blue bar.

Yes, Johnson's lead is currently 0.

The most doubtful data is Indiana ("Internet poll" of the challenger) and Iowa ("commissioned by the challenger").

But what this small, but significant data sample indicates is that the independent voters are abhorring the Republicans. No doubt there are moderate Republicans who finally cannot vote for their own people, too, as those candidates are either too extreme, or are exhibiting unacceptable behaviors, such as Grassley of Iowa or Johnson of Wisconsin. But I suspect that mostly its the independents who find Republican philosophy and behaviors repellent.

And this leaning away from what passes for Republicans indicates a repudiation of the politics that, in many case, these political newcomers have brought with them: rank anti-abortionism, election-denying, already exhibited in the primaries, and a thirst for conspiracy rumors that support their most desperate wishes - rather than the ability to digest reality as it presents itself.

In some ways, this is a repudiation of their philosophy, which is a collage of anti-science, anti-experts, and a preference for irrationality, whether it be for that of Biblical literalism that often seems conveniently discarded, or the QAnon litany of nuttiness that appeals to those who find social media addictive and bizarre theories appealing.

Lee may be the most terrifying case for Republicans. A lead in excess of forty points has evaporated to two, and there's still more than a month left for Utah voters to learn what has disgusted their fellow voters about Senator Lee (R).

But any of the samples in this graph could suffer Lee's fate, because, not displayed here, none of the incumbents have reached the 50% level of support. They're still vulnerable if enough of the undecided voters decide to break to the left.

This may be one of the most important results of the upcoming election. Not that these incumbents lose or win, but that these GOPers lost this much support, even in Republican safe states such as Utah, Oklahoma, and Arkansas. It really makes me wonder about those states that are unpolled, such as the Dakotas and Alabama.

The Credit Game

The death of Mahsa Amini in Iran, and its effect on the citizenry, may yet lead to the downfall of the regime, and even possibly to a new liberal democracy – one which may still be hostile to the United States, but still a step up from the theocracy.

But I expect that here in the United States the GOP will, if that happens, file a claim that it was their action of shit-canning the JCPOA, aka Obama’s nuclear deal with Iran, that brought Iran’s government to its knees.

I’ll be rejecting that claim, though. While the economic circumstances of Iran are certainly stressful, they were when the JCPOA was in force as well, and, at best, they are merely a contributing factor.

The real factor is no secret: it’s the death of a young, vulnerable women while in the custody of the morality police, a group that, historically speaking, rarely has a reputation for distinguished members. The circumstances, possibly exacerbated by her ethnicity of being Kurdish, function to focus on the arbitrary nature of theocracy, those unsightly creatures that benefit from it, much to the disadvantage of everyone not in favor.

And I don’t think the GOP’s actions vis a vis the JCPOA really had much to do with it at all.

The Problems With The Ruling, Ctd

On the matter of Federal District Court Judge Cannon’s handling of the Mar-a-Lago case, the ruling of the US Court Of Appeals for the Eleventh Circuit came down as hoped for by lawyers liberal and conservative – and in a hurry:

The ruling Wednesday evening by a unanimous panel of the U.S. Court of Appeals for the Eleventh Circuit to slap a partial stay on a lower court’s ruling that froze the Justice Department’s Mar-a-Lago investigation should surprise nobody.

The decision by U.S. District Judge Aileen Cannon was a hot mess, as we and others detailed when she handed it down, and the grounds for an almost-inevitable appellate court intervention were obvious at the time. That said, the 29-page opinion is important in a number of respects.

For one thing, its unanimity and speed emphasize the fact that Judge Cannon’s interference in the Justice Department’s investigation was a gross impropriety, not a plausible legal position. That two of the panel members were, like Judge Cannon, appointed by President Trump further emphasizes that this is a matter of professionalism, not a matter of ideology or the sort of judicial philosophy that reasonably separates conservative from liberal jurists.

So too does the fact that the court ruled within 24 hours of the government’s final brief—and wrote in a per curiam opinion, that is, in the voice of the court itself, not of its individual judges. In short, giving the government relief from Judge Cannon’s injunction was a very easy call—one that required neither time nor any significant deliberation. Rather, the rate-limiting step in issuing this opinion was the speed with which judges of diverse political stripes could type. [Quinta Jurecic, Lawfare]

This is the kind of treatment that results in judges not making their way up the ladder, and Cannon will be looking at many years of sitting behind the relatively lowly, dusty desk of a US District Judge for years to come, especially if Chief Executives unsympathetic to her actions are elected to the Presidency. Or if Democrats capture the Senate, as I expect, for several cycles, because they’ll remember this partisan decision.

I will look for her to resign if Joe Biden, or an allied Democrat, wins the Presidency in 2024.

Cool Astro Pics

The James Webb Space Telescope turns its attention to Neptune, right in our own extended neighborhood:

Credits: NASA, ESA, CSA, STScI

Yes, Neptune has rings, more visible in this infrared view than in the visible spectrum. The big star to the upper left is actually Neptune’s moon Triton, and the other stars are other moons. I particularly liked this:

Neptune’s 164-year orbit means its northern pole, at the top of this image, is just out of view for astronomers, but the Webb images hint at an intriguing brightness in that area. A previously-known vortex at the southern pole is evident in Webb’s view, but for the first time Webb has revealed a continuous band of high-latitude clouds surrounding it.

It’s always good to have a bit of mystery to pursue.

The 2022 Senate Campaign: Updates

Our latest plate of news, steaming and really overflowing, stop being generous Mom:

  • In Colorado, at least through the lens of DuckDuckGo, it appears the media keeps trying to make the contest between incumbent Senator Michael Bennet and challenger John O’Dea look exciting, and the public is having none of it. Emerson College Polling gives Bennet a 46% – 36% lead, not far different from the last poll results of an 11 point lead. However, this is notable: … a plurality (39%) of Independent voters either have no opinion or have not heard of O’Dea, leaving room for Republican growth with this cohort. O’Dea will have to work hard and hope for a dab of luck, but at least he doesn’t have to peel voters away from Bennet. Bennet needs to connect with voters. I’ve mentioned this in earlier thoughts on O’Dea, but I think it’s both unfortunate and inevitable that a candidate as apparently moderate as O’Dea ends up in a competitive, or even Democratic state. In a safe Republican state the extremists swarm.
  • A- rated Quinnipiac University Poll agrees with Emerson College Polling. Incumbent Connecticut Senator Blumenthal (D) has an overwhelming 17 point lead over challenger Leora Levy (R), 57% – 40%. That is a very big hill to climb in six weeks. Don’t look for the Republicans to pick up a seat here.
  • B+ rated Muhlenberg College’s Institute of Public Opinion is weighing in on the Pennsylvania Senate race, awarding Lt. Governor Fetterman (D) a 49% – 44% lead over Dr. Mehmet Oz (R). This is a smaller gap than most polls, but it’s worth noting that this poll has a margin of error of 6 points, which is rather high. I mean, Oz could actually be ahead, or Fetterman could have a huge lead of 11 points. They needed to do more interviews.
  • In Kansas Emerson College Polling says incumbent Senator Moran (R) leads Pastor Holland (D) 45% to 33%, suggesting Moran’s extremist stance when it comes to abortion is not a terminal condition, despite the rejection of an anti-abortion Constitutional amendment by Kansas voters earlier this year.

    Or could it be?

    A walk down memory lane tells us that Moran won his seat in 2016 by a full 30 points. Assuming Emerson got this poll right, that implies Moran has lost 18 points worth of support, and Emerson advertises a “Credibility Interval”, similar to margin of error, of ±3 points. Yes, Holland is potentially 9 to 15 points down, and, on the low end, that’s significant. Then note that Moran is not yet over 50%, the critical point at which the #2 contender has to start persuading voters to change their minds, rather than just persuade the undecided to pick the #2. 18% are undecided, enough to take Holland over the top.And there’s two more Kansas factors to consider, with information also from Emerson’s poll. First, Governor Kelly (D) is leading in her reelection effort by four points. In Republican Kansas, this is a huge margin for her to hold. Can her example of a competent Democratic help Holland? Second, Governor Kelly’s opponent from four years ago, extremist Kris Kobach, is running for his old position of AG. Yes, he leads the race against his Democratic opponent – but it’s only a two point lead! Could Kobach drag down Moran? It seems unlikely, but stranger things have happened in American politics.

    All that said, I’d be shocked if Moran lost. But Holland, if he’s an adept campaigner and doesn’t hesitate to use Moran’s liabilities against him, has a chance to turn this around. It’s slender, but it’s there. Let Moran stick his foot in his mouth, and this race could be the sleeper of the season.

  • The Granite State Poll in New Hampshire gives incumbent Senator Hassan (D) a 49% – 41% lead over challenger retired Brigadier General Bolduc. Notable comment: Bolduc garners the support of just under half of Independents (45%), while 30% support Hassan and 21% support [Libertarian] Kauffman. I think Hassan should strive to attract more Independent support, otherwise it’s a weak spot. Although how Independents can vote for a guy, by whom I mean Bolduc, who thinks voters shouldn’t elect Senators is baffling. This pollster is unknown to FiveThirtyEight.
  • CBS News/YouGov gives Georgia Senator Warnock (D) a 51% – 49% lead over challenger Herschel Walker (R). YouGov is a B+ rated pollster. A basic tenet of my position on the Republican Party is reinforced by this commentary: Walker’s supporters say they aren’t voting for him mainly because they like Walker; instead most say they are voting for him either to oppose Warnock or because Walker is the Republican Party’s nominee. Bold mine. Never mind that Walker’s mendacious and incoherent and we can’t even get to questions about his competency for the position of Senator because the muck is so deep. He was nominated and that’s it for the thinking part of the program. Toxic team politics. It’s crap like this that makes me think the United States is doomed.
  • Conservative pollster Trafalgar has challenger Adam Laxalt (R) leading incumbent Senator Cortez Masto (D) 47% – 43% in Nevada. Trafalgar has seemed to be leaning more conservative than most pollsters. Do they know something the other pollsters don’t?
  • B- rated Civiqs gives North Carolina’s Cheri Beasley (D) a 49% – 48% lead over Rep Ted Budd (R) in the race for an open Senate seat. This race is a real sizzler at the moment. Can the former President sink Rep Budd through some political misstep over the next few weeks?
  • If Senator Moran doesn’t lose (see above), perhaps the sleeper race of the year will be that of Senator Mike Lee (R) of Utah, as his lead over Evan McMullin (I) has shrunk to two points, 36% – 34%, with 16% undecided and the balance looking at other options. This poll is from Deseret News/Hinckley Institute of Politics, unknown to FiveThirtyEight, and claims a margin of error of ±3.43 points. Their previous poll of late July gave Lee a five point lead, so McMullin appears to be making progress. Can he close the gap? Utah Republicans must be sweating this one out, knowing that Lee is a close ally of the former President, and Trump is looking worse and worse every day.
  • Crosscut.Elway gives Senator Murray (D) of Washington a 50% – 37% over challenger Tiffany Smiley (R), one of the more moderate Republican Senate candidates this year. There’s a ±5% margin of error.

The previous soup bowl of news is here.

Jumping To Minds

There’s been a bit of a premature conclusion by liberals, and maybe conservatives as well, concerning the former President’s recent statement on declassifying documents. First, a transcript:

“There doesn’t have to be a process, as I understand it,” he told Hannity. “You’re the president of the United States. You can declassify just by saying, ‘It’s declassified.’ Even by thinking about it.” [yahoo! news]

My bold. Steve Benen accepts that’s what Trump meant:

To be sure, it’s easy to laugh at the idea that a president has a telepathic declassification ability. Indeed, people probably should laugh because this is deeply foolish, even by Trump standards.

Jim Underdown, a Center for Inquiry guy, takes it quite seriously, as only a skeptic can:

This is, of course, tantamount to the ex-president claiming that the declassification process can be executed via telepathy– which puts him squarely into my world.

Our Center for Inquiry Investigations Group has tested many alleged “telepaths” over the years for our CFIIG $250,000 Paranormal Challenge.   Consider us available as expert witnesses for any trials where this claim might arise.

One of my few shots of a lupine this year.

But how is telepathy usually defined? It’s all about communication without any of the intervening modalities, whether they be talking, writing, using sign language, or raising an eyebrow. Instead, through the power of your brain, you communicate with someone else.

And Trump makes no mention of communications. None. All he’s saying, as ridiculous as it is, is that if he muses that a document should be declassified, then it is.

And there’s a subtlety, a nuance here, which maybe I’m imagining, but this subtlety ties in with his possible religious ideas. Remember, being brought up in the church run by Norman Vincent Peale means his idol may be money.

And, if he thinks he’s high up in the hierarchy of dollar worshipers, perhaps he thinks that just thinking an order is as good as executing it like a plebe would have to do. What we may be dealing with here is a minor case of God complex.

And that may explain his odd, arrogant behaviors.

Belated Movie Reviews

Let the murders begin! No? Ah, then back to my bed. Only one thing gets me out of bed, you see.

If you are a fan of the TV series Downton Abbey, then Downton Abbey: A New Era (2022), sequel to Downton Abbey (2019), may be particularly interesting, as various characters are making major moves – or having the hand of fate come down on their heads.

But for those of us not intimate with the Crawley’s and their servants, this gentle story of an unexpected gift, paralleled with a story of the making of a film on the property. can be confusing, even if it does have a few sharp lines that provokes amusement.

It’s mostly constructed to move along the story of this extended family, and, between the lines, to hint at the importance of roles in society, and the how the proper fulfillment of those roles is the duty of members of society.

No matter the personal cost.

Not being a fan, I certainly didn’t fall in love with it. The segues were abrupt, but that may have been a positive in requiring the audience to pay attention. But it’s certainly not going to stick in my memory and make me think.

Much.

The 2022 Senate Campaign: Updates

The fickle dodgeball of fate begins here. It’s bouncing down a yellowed brick road. The defiled metaphors could continue, so feel grateful that the dinner bell is ringing. Now for the news:

  • The next televised January 6th Insurrection panel will reportedly be September 28th, but check your local listings. Why is this important? The former President has flailed ever since the first of these televised hearings (now up to eight) revealed his temper tantrums and possible intentions, and, since then, he’s had backlash for more of his headstrong and narcissistic behaviors inflicted on him, from the numerous convictions and confessions for the January 6th riot at the Capitol, the FBI search for and discovery of confidential documents at Mar-a-Lago, a stop at the hearings over said documents that are going badly for Trump despite getting the Federal judge he wanted, to the very recent civil suit by New York AG James for $250 million and added non-financial penalties. The more the independents see of his shallow, mob-boss mentality, his incompetence, his arrogance, and his disrespect for the law, the more likely they’ll overlook Democratic flaws, and less likely they’ll vote for any candidate closely allied to Trump. Remember, independents hold the balance of power in most States. Republican candidates know this and have already been documented scrubbing their web-sites clean of mentions of Trump endorsements, embracements of Trump and his positions, etc. Can those candidates make it work? That depends on the campaign staff of their Democratic opponents gathering evidence and packaging it up for communications to voters.
  • The Atlanta Journal-Constitution poll, unrated by FiveThirtyEight, has released results suggesting challenger Herschel Walker (R) leads incumbent Senator Warnock (D) 46% – 44% in Georgia. Erick Erickson celebrates – 7 weeks early. A day or so after Erickson hopped up and down with happiness, Marist Poll, A rated by FiveThirtyEight, gives Senator Warnock (D) a 47% – 42% lead over challenger Walker (R). Epistemic bubbles, regardless of ideology, are burst in Novembers. My epistemic bubble is talking to people who agree Americans are rational and would never put gibberish-emitting Walker into office. I had the same talk about now-Senator Tuberville (R-AL). I hope my personal bubble pop doesn’t burst my eardrums.
  • Emerson College Polling gives Rep Ted Budd (R) a 46% – 43% lead over Cheri Beasley (D) in the race for the soon to be empty North Carolina Senate seat, and notes that Budd has lost two points while Beasley has gained two points since their last poll of this race. I’m not impressed, but this is notable: Spencer Kimball, Executive Director of Emerson College Polling said, “Budd leads among men by 16 points while Beasley leads among women by nine points. Notably, 81% of the undecided voters are women whose most important voting issue is abortion access (28%).” Can Beasley find seven points among the undecideds?
  • GOP-linked Trafalgar gives Lt Governor Fetterman (D) a 48% – 46% lead over Dr. Mehmet Oz in Pennsylvania, much in line with other Trafalgar polls: much tighter than other pollsters.
  • A rated SurveyUSA gives Eric Schmidt (R) a 47% – 36% over Trudy Busch Valentine (D) in the race for Missouri’s soon to be empty Senate seat. This is no improvement on the last poll of this race, and must be deflating for Valentine.
  • Another rumble of internal maneuvering in the GOP? WaPo reports the previously noted Senator McConnell (R-KY) super PAC, the Senate Leadership Fund, has cut all remaining ad buys, valued at $10 million, in Arizona, leaving inexperienced challenger Blake Masters (R) dependent on what he can raise and the erratic favors of his patrons, the former President Trump and venture capitalist Peter Thiel, in his race against incumbent Senator Kelly (D). Masters losing would be a blow to the political prestige of Trump, as it’d indicate he cannot elevate extremists to elective positions through his magic touch. This may be McConnell trying to shiv the former President, already under immense legal pressure, by either draining him of financial resources or of his political base, and the latter may unexpectedly shatter if the civil litigation by the New York AG reveals Trump to be nowhere near the rich guy he’s claimed to be. Yeah, I know, Erickson just today said Trump has $99 million in the bank, but why does he believe anything that comes from a Trump-related source? Hasn’t he gotten Trump figured out yet? Meanwhile, Impact Research (aka ALG Research) in collaboration with FabrizioWard, both rated rated B/C, give Kelly (D) a 50% – 42% lead. Making for a plethora of polls, OH Predictive Insights, rated B/C by FiveThirtyEight, gives Kelly an even larger lead of 47% – 35%. Arizona polls have shown Kelly with various leads, but this last one sounds like an outlier, doesn’t it? Especially with a non-top tier rating.
  • An AARP Alaska poll suggests it’s a dead heat between the two remaining Republicans for the Alaska Senate seat in this three way RCV competition. What’s the quality of this pollster? Beats me.
  • Marist Poll, A rated, suggests that in Ohio Rep Tim Ryan (D) and J. D. Vance (R) are in a dead heat.
  • A rated Siena College suggests Lt. Governor Barnes (D) has a 48% – 47% lead over incumbent Senator Johnson (R). Call it a dead heat. Ugh, don’t, don’t encourage climate change, eh? Noteworthy side results: Overwhelming Support for Universal Background Checks for Guns; Majority Support for Banning Assault Weapons; Opposition to Arming Teachers; Strong Opposition to SCOTUS’ Dobbs Decision Overturning Roe v Wade[.] Note that all of those make Senator Johnson gnash his teeth. And then change his published positions, I suspect.
  • Steve Benen suggests Florida’s Senator Rubio (R), embroiled in a close race with Rep Demings (D) in his reelection race, may have just alienated 200,000 Venezuelan immigrants living in Florida. Does every vote count? He may have a hefty four point lead, according to Suffolk University, of 45% – 41%, and Suffolk has a B+ rating from FiveThirtyEight, suggesting it knows its business. Still, a margin of error of ±4.4 points does bring on a myriad of questions, at least for me.
  • If you haven’t read this post on the potential impact of Putin’s hypothesized fall from power, get to it.

If you want to follow the deflating ball of stale news, click here.

Chain Link Politics

The headlines, “Putin faces fury in Russia over military mobilization and prisoner swap,” in WaPo, or “Long lines of traffic seen at some of Russia’s land borders,” in CNN, tell an important story.

And, perhaps, signals an imminent, metaphorical Earth-shaking event.

Ever since Russia began what I, and many others, call Putin’s War, or the invasion and attempted annexation of Ukraine, Russia has been involuntarily exposing its military, government, and society’s weaknesses.

Militarily, rather than running at least eastern Ukraine over in a couple of weeks, as expected, it took some of the far east Ukraine, deliberately ravaged and depopulated it, if reports are to be believed, but Ukraine halted the advances quite quickly, and negotiated for advanced weapons to be delivered in quantity by the West. Ukrainians have, briefly, fought bravely, fought effectively, and have fought to win. Reports on Russian tactics, command structures, military morale, weapons of all sorts, indeed nearly everything, excepting perhaps their artillery, is that it’s inferior to Ukrainian and Western counterparts. The worm of corruption has devastated the Russian military.

In the government, we have learned that it’s basically a strongman government, and when the strongman arrogantly believes they can step outside of their personal expertise and do more than high level direction, it’s a disaster. Putin’s implicitly condemning fellow strongmen China’s Xi, Turkey’s Erdogan, Hungary’s Orbán, Saudi Arabia’s Muhammed bin Salman, Brazil’s Bolsonaro, and several others through his failures, and encouraged liberal democracies menaced by these countries to defend themselves.

Societally, the inability of the Russian society to remove an obviously dangerous man reveals a lack of backbone that is not so much a failing as an inherited condition. From centuries of living under the God-sanctioned Tsars to the self-righteous Soviets, Russians aren’t really equipped to remove a leader quickly.

Morning Glory.

It takes a fucking disaster. Think of the starving Russian masses who finally went against God, forced out the Tsar, and along with that doomed family the institutionalized corruption of a Russian monarchy. Or the Soviets, when the common Soviet citizen, who did not see a future for themselves that gave them the right to decide how to approach that future, who faced empty shelves and, again, corruption, and found that drinking themselves into a stupor didn’t resolve the problem, finally took it upon themselves to replace Gorbachev with Yeltsin, and to pull back from the Soviet model.

A night or two ago, Putin gave a speech that sounded like a threat to me. A threat to use nuclear weapons if he’s denied his victory. As much as Western countries have to worry about that, if Russians heard that speech then they have to worry, too.

Because many of them know American, British, and French nuclear weapons are pointed at strategic targets throughout Russia.

So when you read

Social media video from Russia’s land borders with several countries shows long lines of traffic trying to leave the country on the day after President Vladimir Putin announced a “partial mobilization.”

There were queues at border crossings into Kazakhstan, Georgia and Mongolia. One video showed dozens of vehicles lining up at the Zemo Larsi/Verkhny Lars checkpoint on the Georgia-Russia border overnight Wednesday. That line appears to have grown longer Thursday. One video showed a long queue stretching into the mountains behind the crossing, with a man commenting that it was five to six kilometers long. [CNN]

These Russians aren’t just trying to avoid military service. They’re trying to get out of the line of fire.

Fear leads to anger, to rage. It can lead to violence.

As women hugged their husbands and young men boarded buses to leave for 15 days of training before potentially being deployed to Russia’s stumbling war effort in Ukraine, there were signs of mounting public anger. [WaPo]

Here we see Russians are about to be sacrificed, as if sheer numbers will do them any good in Ukraine. Just toss them in the hopper. There must families that are positively frantic. Just about all of those affected have become violently anti-Putin.

From the beginning, I’ve speculated that Putin’s War wasn’t ending until Putin is ended. The question is whether the Russian public is desperate enough to do it, and if his personal defenses are strong enough to withstand an attack. On those two matters, I think it’ll take a breakdown in the military or his personal guard to get to him.

As is usual with such situations. There are exceptions, such as Archduke Ferdinand’s incendiary assassination. But quite often the dictator is killed by someone he thought he could trust.


And what is the impact on American politics, if & when Putin goes down?

Tucker Carlson

Anyone positively associated with Putin will become damaged goods. This includes Senator Rand (R-KY), currently running for reelection, who has sought to delay several legislative bills concerning relief and arms to Ukraine. Senator Johnson (R) thought Russian election interference was no big deal, and is also running for reelection. Tucker Carlson of Fox News has reportedly said positive things about Russia, but I don’t watch Fox News and have to rely on second hand news. Senator Cruz (R-TX) once had the poor taste to suggest the American military could not keep up with the Russian military. He’s not up for reelection this cycle. That’s fortunate for him, not so much his fellow Texans.

Those Senatorial and House candidates, incumbent or not, who’ve allied themselves, even informally, with the strongman model of government, or Putin’s government in particular, may face additional headwinds over the next few weeks. Especially if Putin’s removed or killed.

In tight races like we often see, those headwinds could be decisive. If Putin goes down, he’ll not only drag down his cronies in Russia, but his American allies as well. Even Trump may be affected, although honestly I’m not sure what happens in Trump’s case.

And all of these collapses and reversals may result in the strongman model of government being discredited, and returning to the age old question of how to perform governance that the people will accept.

A problem of critical importance to both Republicans and Democrats.

Kicking That Golfball Through The Goalposts Into The Net

Well, while the full consequences of the Kennedy v. Bremerton School District decision, which involves the high school football coach who prayed on the field, have yet to be felt, I admit to feeling foolish in not anticipating the following events, helpfully summarized by Jeff Dellinger at CFI’s The Morning Heresy:

Imagine suing a school district to get your job “back” (despite, it should be noted, not actually being fired), taking your case all the way to the Supreme Court—blowing a big chunk out of the wall between church and state in the process—winning, getting reinstated, and then… just never showing up for work.

Or, rather than imagine it, you could read the Seattle Times update on the coach at the Center of SCOTUS’s Kennedy v. Bremerton School District decision.

[T]he school district has been flummoxed about what’s happened since. They complied by offering to reinstate him, they say, and now the football season is in full swing. But Kennedy is nowhere near the sidelines … “He’s had the paperwork for his reinstatement since August 8th, and we haven’t gotten so much as a phone call,” says Karen Bevers, spokesperson for Bremerton schools.

It seems coaching high school football just can’t compete with becoming a celebrity on the Religious Liberty Grievances and Victimhood circuit:

[A]s the Bremerton Knights were prepping for the season in August, Kennedy was up in Alaska, meeting with former Vice President Mike Pence and evangelist Franklin Graham. On the eve of the first game, which the Knights won, Kennedy was in Milwaukee being presented with an engraved .22-caliber rifle at an American Legion convention.

The weekend of the second game, which the Knights also won, Kennedy appeared with former President Donald Trump at the Trump National Golf Club in New Jersey. He saw Trump get a religious award from a group called the American Cornerstone Institute.

Nice work if you can get it. Especially if you don’t have to do any work.

In other words, it would not be uncharitable to observe Coach Kennedy has had his head turned by attention, celebrity, and I suspect potential riches that could be his, if only he can find a way to cash in.

An earnest man would have simply shrugged off the invites and gotten on with the coaching. The example he is setting here, though, is … execrable.

Does he even know about false idols?

If I weren’t agnostic, I’d be writing nifty phrases like “Kennedy’s not being dragged down to Hell, he’s in a full blown sprint down the path,” but, not being a believer, I’ll just skip it.

Word Of The Day

Time-domain astronomy:

Time-domain astronomy is the study of how astronomical objects change with time. Though the study may be said to begin with Galileo’s Letters on Sunspots, the term now refers especially to variable objects beyond the Solar System. This may be due to movement or changes in the object itself. Common targets included are supernovaepulsating starsnovasflare starsblazars and active galactic nuclei. Visible light time domain studies include OGLEHAT-SouthPanSTARRSSkyMapperASASWASPCRTS, and in a near future the LSST at the Vera C. Rubin Observatory. [Wikipedia]

Noted in “The time-lapse telescope that will transform our view of the universe,” Stuart Clark, NewScientist (3 September 2022, paywall):

All-in-all, this represents a coming of age for a discipline called time-domain astronomy, which seeks to understand how celestial objects change with time. “It is going to be a giant leap,” says Mario Jurić, director of the Institute for Data Intensive Research in Astrophysics and Cosmology (DIRAC Institute) at the University of Washington in Seattle, who is a data management project scientist for the LSST. “We’re going to see 10 per cent of everything that’s in the Milky Way with this one machine.” That accounts for around 20 billion stars, and because of Rubin’s light-gathering power and speed, it will detect even slight changes in the brightness and position of objects.

One may think of science as bounded by quantum mechanics (subsuming chemistry, if you will), the study of the smallest objects and phenomena, at one end of the spectrum, and astronomy, the study of the largest. It’s crude, yes, and astronomy is a result of quantum mechanics – or so I surmise – but the point here is that both ends of the spectrum are difficult enough to study in terms of process and transformation that they often require special observational aids tuned to their needs. Quantum mechanic scientists employ cameras and other detectors sampling the data stream in very small time chunks; astronomers must build telescopes, but have had trouble continuously monitoring their subjects.

Time-domain astronomy is a bid to remedy this serious problem.

Legal Wars

An opinion that sparks this sort of response seems likely to be a target of lawyers and satirists:

On Sept. 16, the Fifth Circuit issued its opinion in NetChoice v. Paxton, upholding the controversial Texas law that limits the ability of large social media platforms to moderate content and also imposes disclosure and appeal requirements on them. The Fifth Circuit had previously stayed a district court injunction against the law, but the Supreme Court voted 5-4 to vacate the stay. The opinion opens up a stark circuit split with the Eleventh Circuit, which had ruled that a Florida law that also imposed content moderation restrictions on platforms violated the First Amendment. Unless the platforms get another stay pending rehearing en banc by the Fifth Circuit or review by the Supreme Court, the Texas law will go into effect, with potentially massive consequences for how the major social media companies moderate their platforms.

The initial reaction to the decision among policy experts and legal scholars has been, to put it mildly, harsh. It’s been called “legally bonkers,” a “troll to get SCOTUS to grant cert,” an “angrily incoherent First Amendment decision,” and “the single dumbest court ruling I’ve seen in a long, long time.” As someone who has argued for the constitutionality (and indeed desirability) of some government regulation of platform content moderation, I was hoping that the first judicial decision upholding such regulation would be a thoughtful and measured approach to what is indisputably a hard, even wicked, problem.

Unfortunately, the Fifth Circuit’s decision, written by Judge Andrew Oldham, is decidedly not that. Although not without its good points, it is largely a crude hack-and-slash job that misstates the facts and the law and ignores the proper role of an intermediate court, all in a sneering tone that pretends that those who disagree with it are either stupid or evil. It’s an extreme example of First Amendment absolutism: the insistence that the First Amendment has either nothing to do with content moderation or that it provides maximum constitutional protections to such practices. The opinion deserves to be swiftly overruled, either by the full Fifth Circuit or by the Supreme Court. [“The Fifth Circuit’s Social Media Decision: A Dangerous Example of First Amendment Absolutism,” Professor Alan Z. Rozenshtein, Lawfare]

Did the judge’s hair fall out upon reading the responses? Stay tuned.