Tuesday, September 16, 2025

Pythagorean Triple Square Day

Pi Day (March 14) is a day of global mathematical celebration, but it's not the only numerically significant calendar date.  It's far from the rarest, either.  In fact, today marks a special occasion that only occurs once this century.  Not only is each number in today's date (9/16/25) a perfect square -- their consecutive square roots are also an example of a Pythagorean triple.  While an official name has yet to be assigned, "Pythagorean Triple Square Day" encapsulates the moment pretty perfectly.

Here's the specific math to add it all up: 3 multiplied by itself is 9, 4 squared is 16, and 5 squared is 2025 (sic).  On top of that, the sum of the first two square roots (sic) adds up to 25.

September 16, 2025, is the only date that fits the definition this century. 

-- Andrew Paul, "Forget Pi Day. Today is Pythagorean Triple Square Day", Popular Science (16 September 2025)

Monday, September 15, 2025

Servant Of Our Politics

When we vest our personal opinions with the trappings of religion, we make religion the servant of our politics.

-- John Danforth (1936 -), former United States Ambassador to the United Nations, former U.S. Senator (R-MO), and ordained Episcopal priest, Faith and Politics (2006) p. 213

Friday, September 12, 2025

We Have Our Agency

Now again, to my young friends out there, you are inheriting a country where politics feels like rage.  It feels like rage is the only option.

But through those words, we have a reminder that we can choose a different path.

Your generation has an opportunity to build a culture that is very different than what we are suffering through right now, not by pretending differences don't matter, but by embracing our differences and having those hard conversations.

I think we need more moral clarity right now.  I hear all the time that words are violence -- words are not violence.

Violence is violence, and there is one person responsible for what happened, and that person is now in custody and will be charged soon and will be held accountable.

And yet, all of us have an opportunity right now to do something different. ...

We can return violence with fire and violence.  We can return hate with hate.  And that's the problem with political violence is it metastasizes because we can always point the finger at the other side, and at some point, we have to find an off-ramp -- or it's going to get much, much worse.

See, these are choices that we can make.  History will dictate if this is a turning point for our country, but every single one of us gets to choose right now.  If this is a turning point for us, we get to make decisions.  We have our agency.

-- Governor Spencer Cox (R-UT) at a press conference with the FBI and local law enforcement officers on the investigation into the assassination of Charlie Kirk (12 September 2025)

Thursday, September 11, 2025

You Don't Have To Know More

As of the time I'm writing to you, law enforcement has not yet offered a motive for Charlie Kirk's murder.  It's easy to jump ahead with assumptions that it was about his politics, but it's important to wait until the evidence is assembled before jumping to conclusions.  But you don't have to know more than we already do to know that it is wrong to kill people for their political views.  We can stand for decency.

-- Joyce Vance, "On Political Violence" (10 September 2025)

Wednesday, September 10, 2025

The Real Threat

I urge this Committee to consider the real threat to Americans' freedom of expression, the one here at home.  I have noted a handful of areas where this administration is putting freedom of expression under direct attack.  Where is the opposition, let alone outrage, given the attack not only on speakers -- journalists, public media, professors, students, whistleblowers, civil servants -- but on every American's right of access to information about the issues important to our democracy and to our public's health?  That, I would respectfully submit, is the real threat to American speech and innovation. 

-- David Kaye, Clinical Professor of Law, University of California, Irvine School of Law, and former United Nations Special Rapporteur on freedom of opinion and expression, in testimony delivered to the House Judiciary Committee in a hearing titled "Europe's Threat to American Speech and Innovation" (3 September 2025) (h/t Peter Picucci)

Tuesday, September 09, 2025

3 Steps

Be, beget, begone.

-- William Saroyan (1908 - 1981), Armenian American author, Jim Dandy : Fat Man in a Famine (1947)

Monday, September 08, 2025

Now What?

Everybody has to die, but I always believed an exception would be made in my case.  Now what?

-- William Saroyan (1908 - 1981), Armenian American author, Statement to the Associated Press, five days before his death (13 May 1981)

Friday, September 05, 2025

Some Things Count

Don't forget that some things count more than other things.

-- William Saroyan (1908 - 1981), Armenian American author, The Time of Your Life (1939)

Thursday, September 04, 2025

Good Deal

You can't make a good deal with a bad person. 

-- Warren Edward Buffett (30 August 1930 -), American business magnate, investor, and philanthropist, currently chairman and CEO of Berkshire Hathaway, "23 Quotes from Warren Buffett on Life and Generosity" forbes.com (2 December 2013)

Wednesday, September 03, 2025

Posse Comitatus

Congress spoke clearly in 1878 when it passed the Posse Comitatus Act, prohibiting the use of the U.S. military to execute domestic law.  Nearly 140 years later, Defendants -- President Trump, Secretary of Defense Hegseth, and the Department of Defense -- deployed the National Guard and Marines to Los Angeles, ostensibly to quell a rebellion and ensure that federal immigration law was enforced.  There were indeed protests in Los Angeles, and some individuals engaged in violence.  Yet there was no rebellion, nor was civilian law enforcement unable to respond to the protests and enforce the law.

Nevertheless, at Defendants’ orders and contrary to Congress’s explicit instruction, federal troops executed the laws.  The evidence at trial established that Defendants systematically used armed soldiers (whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles.  In short, Defendants violated the Posse Comitatus Act. 

Almost three months after Defendants first deployed the National Guard to Los Angeles, 300 National Guard members remain stationed there.  Moreover, President Trump and Secretary Hegseth have stated their intention to call National Guard troops into federal service in other cities across the country -- including Oakland and San Francisco, here in the Northern District of California -- thus creating a national police force with the President as its chief.  Because there is an ongoing risk that Defendants will act unlawfully and thereby injure Plaintiffs, Governor Newsom and the State of California, the Court ENJOINS Defendants from violating the Posse Comitatus Act as detailed below.

[T]he Court ORDERS that Defendants are enjoined from deploying, ordering, instructing, training, or using the National Guard currently deployed in California, and any military troops heretofore deployed in California, to execute the laws, including but not limited to engaging in arrests, apprehensions, searches, seizures, security patrols, traffic control, crowd control, riot control, evidence collection, interrogation, or acting as informants, unless and until Defendants satisfy the requirements of a valid constitutional or statutory exception, as defined herein, to the Posse Comitatus Act.

-- US Judge for the Northern District of California Charles R. Breyer, ruling in Gavin Newsom, et al. v Donald Trump et al. that the administration violated the Posse Comitatus Act in its use of Federal and National Guard troops in California (2 September 2025)

Tuesday, September 02, 2025

Value Of A Sentiment

The value of a sentiment is the amount of sacrifice you are prepared to make for it.

-- John Galsworthy OM (1867 - 1933), English novelist and playwright, 1932 Nobel Laureate in Literature, Windows, Act II (1922)

Monday, September 01, 2025

A Great Teacher

History is a great teacher.  Now everyone knows that the labor movement did not diminish the strength of the nation but enlarged it.  By raising the living standards of millions, labor miraculously created a market for industry and lifted the whole nation to undreamed of levels of production.  Those who attack labor forget these simple truths, but history remembers them.

-- Martin Luther King, Jr. (1929 - 1968), African American clergyman, civil rights activist, and Nobel laureate, speaking to the AFL–CIO (11 December 1961)

Friday, August 29, 2025

Invalid As Contrary To Law

The Government appeals a decision of the Court of International Trade setting aside five Executive Orders that imposed tariffs of unlimited duration on nearly all goods from nearly every country in the world, holding that the tariffs were not authorized by the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. § 1701 et seq.  Because we agree that IEEPA's grant of presidential authority to "regulate" imports does not authorize the tariffs imposed by the Executive Orders, we affirm.

We affirm the CIT's holding that the Trafficking and Reciprocal Tariffs imposed by the Challenged Executive Orders exceed the authority delegated to the President by IEEPA's text.  We also affirm the CIT's grant of declaratory relief that the orders are "invalid as contrary to law."

-- US Court of Appeals for the Federal Circuit, ruling in V.O.S. Selections, Inc., et al v Donald J Trump et al, a challenge to President Trump's "reciprocal" tariffs, brought by 5 small businesses and 12 states, in which the Appeals Court upheld a judgement by the Court of International Trade (CIT) ruling the tariffs illegal (29 August 2025)

Thursday, August 28, 2025

Speech Tyrants Would Seek To Suppress

Yes, if I were king, I would not allow people to go about burning the American flag.  However, we have a First Amendment, which says that the right of free speech shall not be abridged.  And it is addressed, in particular, to speech critical of the government.  I mean, that was the main kind of speech that tyrants would seek to suppress.

Burning the flag is a form of expression.  Speech doesn’t just mean written words or oral words.  It could be semaphore.  And burning a flag is a symbol that expresses an idea -- "I hate the government," "the government is unjust," whatever.

-- Supreme Court Justice Antonin Scalia (1936 - 2016) in an interview on Piers Morgan Live (18 July 2012), discussing his vote to protect flag burning as speech in Texas v. Johnson, 491 U.S. 397 (1989) (via CNN)

Wednesday, August 27, 2025

Mind Modifies Body

Mind modifies body involuntarily.

-- William Godwin (1756 - 1836), English journalist and political philosopher, Enquiry Concerning Political Justice (1793) Vol. 2, bk. 8, ch. 7

Tuesday, August 26, 2025

FEMA Katrina Declaration

TO: Members of Federal Emergency Management Agency Review Council

Twenty years ago, Hurricane Katrina made landfall along the Gulf Coast as a Category 3 hurricane, claiming an estimated 1,833 lives, leaving millions homeless, and causing approximately $161 billion in damage.  Hurricane Katrina was not just a natural disaster, but a man-made one: the inexperience of senior leaders and the profound failure by the federal government to deliver timely, unified, and effective aid to those in need left survivors to fend for themselves for days, and highlighted how Black, Indigenous, and low-income communities are disproportionally affected by disasters.  These failures prompted Congress to pass the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), which introduced safeguards to ensure such shortcomings of disaster preparation and response would not be repeated.  However, two decades later, FEMA is enacting processes and leadership structures that echo the conditions PKEMRA was designed to prevent.

1) We oppose the reduction in capability of FEMA to perform its missions. 

2) We oppose the ongoing failure to appoint a qualified FEMA administrator, as required by law. 

3) We oppose the elimination of life- and cost-saving risk reduction programs.  

4) We oppose interference with preparedness programs that build capacity for our SLTT partners. 

5) We oppose the censorship of climate science, environmental protection, and efforts to ensure all communities have access to information, resources, and support.

6) We oppose the reduction of FEMA’s disaster workforce.

The signatories of this letter are FEMA employees from across the United States who are dedicated to helping people before, during, and after disasters, and who are members of the communities we seek to support.  In addition to named signatories, we include anonymous signatories who share our concerns but choose not to identify themselves due to the culture of fear and suppression cultivated by this administration.

-- "The FEMA Katrina Declaration" (25 August 2025), four days before the 20th anniversary of Hurricane Katrina

Monday, August 25, 2025

The Chosen Vehicle

A smile is the chosen vehicle of all ambiguities.

-- Herman Melville (1819 - 1891), American novelist, short story writer, and poet, Pierre: or, The Ambiguities (1852) Bk. IV, ch. 5

Friday, August 22, 2025

Sleek, Simple, Utopian

One persistent strand in utopian thinking, as we have often mentioned, is the feeling that there is some set of principles obvious enough to be accepted by all men of good will, precise enough to give unambiguous guidance in particular situations, clear enough so that all will realize its dictates, and complete enough to cover all problems which actually arise.  Since I do not assume that there are such principles, I do not presume that the political realm will whither away.  The messiness of the details of a political apparatus and the details of how it is to be controlled and limited do not fit easily into one's hopes for a sleek, simple utopian scheme.

-- Robert Nozick (1938 - 2002), American libertarian philosopher and Pellegrino University Professor at Harvard University, Anarchy, State, and Utopia (1974) Ch. 10 : A Framework for Utopia; Utopian Means and Ends, p. 330

Thursday, August 21, 2025

Carefully Nourished

With carefully nourished resentment, a man can go through his life blaming someone or something else for his failures.  This enables him to be a failure and to feel morally superior to the world at the same time.

-- Theodore Dalrymple, pen name of Anthony Daniels (11 October 1949 -), English writer and retired prison doctor and psychiatrist, "Private Clubs and the Sour Pleasures of Resentment", The Epoch Times (19 August 2021)

Wednesday, August 20, 2025

And So Do All

"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times.  But that is not for them to decide.  All we have to decide is what to do with the time that is given us."

-- J. R. R. Tolkien, The Fellowship of the Ring (1954) "The Shadow of the Past"

Tuesday, August 19, 2025

All Others

"In God we trust.  All others must use data."

-- Mary Walton, The Deming Management Method (1986) Chapter 20 "Doing It with Data" p. 96

Monday, August 18, 2025

Somebody Gets Paid

Defects are not free.  Somebody makes them, and gets paid for making them.

-- William Edwards Deming (1900 - 1993), American statistician, college professor, author, lecturer, and consultant, Out Of The Crisis (1982) p. 11

Friday, August 15, 2025

Stagflation

Mr. Trump's tariffs are now clearly fueling inflation, particularly in goods such as home appliances, cars and food.  In the first six months of the year, real (that is, inflation-adjusted) consumer spending, the main driver behind business cycles and robust economic expansion, barely grew, after rising 3 percent last year.  G.D.P. growth slowed by about half, to 1.2 percent this year from 2.5 percent last year.  When overall growth falls that sharply, the labor market tends to follow, which is precisely what happened: Job growth, at 35,000 per month on average between May and July, is dangerously close to stall speed.

While presidents always take credit for good economic news and try to deflect bad news (in this president's case, by firing the messenger who delivered it), it's often hard to link what's going on in the economy to the current administration.  Not this time.  Whether it's historically high tariffs that never quite seem to stabilize, deportations that threaten to seriously disrupt labor supply in sectors like construction and health services, or a reverse-Robin Hood, budget-busting bill that takes money away from those most likely to spend it, Mr. Trump's policies have pushed economic uncertainty to levels last seen during the onset of the pandemic.  This uncertainty has damped investment, hiring and consumption, while the tariffs increase prices.  In other words: stagflation.

-- Jared Bernstein, chair of President Joe Biden's Council of Economic Advisers from 2023 to 2025, and Ryan Cummings who served the council as an economist from 2021 to 2023, New York Times, "The Economy Is Starting to Pay for Trump’s Chaos" (10 August 2025)

Thursday, August 14, 2025

They Know We Know

They lie to us, we know they're lying, they know we know they're lying but they keep lying anyway, and we keep pretending to believe them.

-- Elena Gorokhova, A Mountain of Crumbs: A Memoir by Elena Gorokhova (2010), Chapter 13: A Tour of Leningrad, pp 172 and 173

Wednesday, August 13, 2025

Up Is Down

WASHINGTON -- Total violent crime for 2024 in the District of Columbia is down 35% from 2023 and is the lowest it has been in over 30 years, according to data collected by the Metropolitan Police Department (MPD) and announced by United States Attorney Matthew M. Graves.  A breakdown of the data is available here

In addition to the overall violent crime reduction, homicides are down 32%; robberies are down 39%; armed carjackings are down 53%; assaults with a dangerous weapon are down 27% when compared with 2023 levels, with the District reporting the fewest assaults with dangerous weapons and burglaries in over 30 years.

-- Department of Justice press release from U.S. Attorney's Office, District of Columbia, "Violent Crime in D.C. Hits 30 Year Low" (3 January 2025) h/t JSA

Tuesday, August 12, 2025

Some Awareness

To become different from what we are, we must have some awareness of what we are.

-- Eric Hoffer (1902 - 1983), American writer on social and political philosophy, The Passionate State Of Mind, and Other Aphorisms (1955) Section 151

Monday, August 11, 2025

Constitutional Harms

For the first time ever, this Court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities.

And not just any constitutional violation.  The partisan gerrymanders in these cases deprived citizens of the most fundamental of their constitutional rights: the rights to participate equally in the political process, to join with others to advance political beliefs, and to choose their political representatives.  In so doing, the partisan gerrymanders here debased and dishonored our democracy, turning upside-down the core American idea that all governmental power derives from the people.  These gerrymanders enabled politicians to entrench themselves in office as against voters' preferences.  They promoted partisanship above respect for the popular will.  They encouraged a politics of polarization and dysfunction.  If left unchecked, gerrymanders like the ones here may irreparably damage our system of government.

And checking them is not beyond the courts.  The majority's abdication comes just when courts across the country, including those below, have coalesced around manageable judicial standards to resolve partisan gerrymandering claims.  Those standards satisfy the majority's own benchmarks.  They do not require -- indeed, they do not permit -- courts to rely on their own ideas of electoral fairness, whether proportional representation or any other.  And they limit courts to correcting only egregious gerrymanders, so judges do not become omnipresent players in the political process.  But yes, the standards used here do allow -- as well they should -- judicial intervention in the worst-of-the-worst cases of democratic subversion, causing blatant constitutional harms.  In other words, they allow courts to undo partisan gerrymanders of the kind we face today from North Carolina and Maryland.  In giving such gerrymanders a pass from judicial review, the majority goes tragically wrong.

-- Supreme Court Justice Elena Kagan, joined by Justices Ginsburg, Breyer, and Sotomayor, dissenting in Rucho v Common Cause (27 June 2019) in which they anticipated the escalating gerrymanders attempted by Texas and threatened by California this year

Friday, August 08, 2025

RIP Jim Lovell

We learned a lot about the Moon, but what we really learned was about the Earth.  The fact that just from the distance of the Moon you can put your thumb up and you can hide the Earth behind your thumb.  Everything that you've ever known, your loved ones, your business, the problems of the Earth itself -- all behind your thumb.  And how insignificant we really all are, but then how fortunate we are to have this body and to be able to enjoy loving here amongst the beauty of the Earth itself.

-- James Arthur Lovell Jr. (25 March 1928 - 7 August 2025), American astronaut, naval aviator, test pilot and mechanical engineer, In the Shadow of the Moon (2007 film)

Thursday, August 07, 2025

Jargon That Gatekeeps

Being able to effectively curate information to captivate the audience while maintaining maximum value in the distributed information's fidelity is the most important part of dimensionality reduction for effective communication.  This will be the most important way humans will use AI in order to solve real world problems.

I might add that the ability to simplify information for any audience in order to democratize knowledge without depending on jargon that gatekeeps it is an obvious sign of great intelligence in an individual.

-- Jonathan Murphy, who bills himself as a "Solution Maker", in a jargon- & buzzword-filled response to someone stating on LinkedIn that they plan to train an AI to answer the question, "Am I explaining things at the right level" in this deliverable; this post seems to violate everything he claims to favor

Wednesday, August 06, 2025

The Basic Right

In 1957, as the leader of the majority in the United States Senate, speaking in support of legislation to guarantee the right of all men to vote, I said, "This right to vote is the basic right without which all others are meaningless.  It gives people, people as individuals, control over their own destinies."

-- President Lyndon B. Johnson, remarks in the Capitol Rotunda at the Signing of the Voting Rights Act (6 August 1965, 60 years ago today), Public Papers of the Presidents of the United States: Lyndon B. Johnson, 1965. Volume II, entry 394, pp. 811-815

Tuesday, August 05, 2025

The Height Of A Mountain

Never measure the height of a mountain, until you have reached the top.  Then you will see how low it was.

-- Dag Hammarskjöld (1905 - 1961), Swedish diplomat, second United Nations Secretary-General, and Nobel Peace Prize recipient, Markings (1964)

Monday, August 04, 2025

In Related News

Trump just took his attack on reality to a different level, by firing the head of the Bureau of Labor Statistics.  Why?  Because he did not like the job numbers her agency produced.

In related news, we just saw the last credible BLS data for the rest of the Trump administration.

-- Don Moynihan, Professor of Public Policy at University of Michigan, "Trump Shoots the Messenger", at Moynihan's Can We Still Govern? Substack (1 August 2025)

Friday, August 01, 2025

We Know It Not

To most of us nothing is so invisible as an unpleasant truth.  Though it is held before our eyes, pushed under our noses, rammed down our throats -- we know it not.

-- Eric Hoffer (1902 - 1983), American writer on social and political philosophy, The Passionate State Of Mind, and Other Aphorisms (1955) Section 59

Thursday, July 31, 2025

Horrific

It's the most truthful and easiest thing to say that Oct 7th in Israel was horrific and all hostages must be returned, but so is the genocide, humanitarian crisis, and starvation happening in Gaza.

But a Jewish U.S. Representative calling for the continued starvation of innocent people and children is disgraceful. 

His awful statement will actually cause more antisemitism.

-- Representative Marjorie Taylor Greene (R-GA), in an X post condemning Representative Randy Fine (R-FL), who earlier tweeted "Release the hostages.  Until then, starve away." (28 July 2025)

Wednesday, July 30, 2025

Organic Sense Lives

Media are means of extending and enlarging our organic sense lives into our environment.

-- Marshall McLuhan (1911 - 1980), Canadian philosopher, futurist, and communications theorist, "The Care and Feeding of Communication Innovation", Dinner Address to Conference on 8 mm Sound Film and Education, Teachers College, Columbia University, 8 November 1961

Tuesday, July 29, 2025

Few Doubts

Lion had few doubts about his actions.  As he had said on more than one occasion, "I may be wrong, but I am never in doubt."

-- Sheri Stewart Tepper (1929 - 2016), author of science fiction, horror, and mystery novels, Marianne, the Magus, and the Manticore (1985) Chapter 10 (p. 162)

Monday, July 28, 2025

RIP Tom Lehrer

Alas, irreverence has been subsumed by mere grossness, at least in the so-called mass media.  What we have now -- to quote myself at my most pretentious -- is a nimiety of scurrility with a concomitant exiguity of taste.  For example, the freedom (hooray!) to say almost anything you want on television about society's problems has been co-opted (alas!) by the freedom to talk instead about flatulence, orgasms, genitalia, masturbation, etc., etc., and to replace real comment with pop-culture references and so-called "adult" language.  Irreverence is easy -- what's hard is wit.

-- Thomas Andrew Lehrer (9 April 1928 - 26 July 2025), American singer-songwriter, satirist, pianist, and mathematician, On the current state of satire, in Rhino Records online chat (17 June 1997)

Friday, July 25, 2025

The Things To Do

The Things to do are: the things that need doing, that you see need to be done, and that no one else seems to see need to be done.  Then you will conceive your own way of doing that which needs to be done -- that no one else has told you to do or how to do it.  This will bring out the real you that often gets buried inside a character that has acquired a superficial array of behaviors induced or imposed by others on the individual.

-- R. Buckminster Fuller (1895 - 1983), American philosopher, systems theorist, architect, and inventor, Letter to "Micheal" (16 February 1970), Micheal was a 10 year old boy who had inquired in a letter as to whether Fuller was a "doer" or a "thinker"

Thursday, July 24, 2025

Opposed By Watchful Men

I am a member of a party of one, and I live in an age of fear.  Nothing lately has unsettled my party and raised my fears so much as your editorial, on Thanksgiving Day, suggesting that employees should be required to state their beliefs in order to hold their jobs.  The idea is inconsistent with our constitutional theory and has been stubbornly opposed by watchful men since the early days of the Republic.

-- Elwyn Brooks (E.B.) White (1899 - 1985), American essayist, columnist, poet, and editor, best known today for his work in a writers' guide, The Elements of Style, and for three children's books: Charlotte's Web, Stuart Little, and The Trumpet of the Swan, generally regarded as classics, Letter to the New York Herald Tribune (29 November 1947)

Wednesday, July 23, 2025

Affirmed

Article II of the Constitution establishes the scope of presidential powers.  The President has the power to issue executive orders if they "stem either from an act of Congress or from the Constitution itself," on matters that fall within that scope established by Article II.  But one power that the President was not granted, by Article II or by any other source, is the power to modify or change any clause of the United States Constitution.  Perhaps the Executive Branch, recognizing that it could not change the Constitution, phrased its Executive Order in terms of a strained and novel interpretation of the Constitution. 

The district court correctly concluded that the Executive Order's proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional.  We fully agree.  The Defendants' proposed interpretation of the Citizenship Clause relies on a network of inferences that are unmoored from the accepted legal principles of 1868.  This runs the risk of "‘extrapolat[ing]' from the Constitution's text and history ‘the values behind [that right], and then ... enforc[ing] its guarantees only to the extent they serve those underlying values.'"  We reject this approach because it is contrary to the express language of the Citizenship Clause, the reasoning of Wong Kim Ark, Executive Branch practice for the past 125 years, the legislative history to the extent that should be considered, and because it is contrary to justice.

-- Majority opinion of a 3-judge panel of the US Court of Appeals for the Ninth District, affirming a lower court injunction against President Trump's executive order denying citizenship to children born to undocumented immigrants (23 July 2025)

Tuesday, July 22, 2025

RIP Ozzy Osbourne

People look to me and say
Is the end near, when is the final day?
What’s the future of mankind?
How do I know, I got left behind

Everyone goes through changes
Looking to find the truth
Don’t look at me for answers
Don’t ask me
I don’t know

-- John Michael (Ozzy) Osbourne (3 December 1948 - 22 July 2025), English musician known as the lead singer of Black Sabbath and for his solo career, "Goodbye To Romance" (20 September 1980) From: Blizzard of Ozz (Expanded Edition)

Monday, July 21, 2025

Impossible To Please

It is impossible to please all the world and one's father.

-- Jean de La Fontaine (1621 - 1695), French fabulist and the most widely read French poet of the 17th century, Fables (1668–1679) Book III (1668), Fable 1

Friday, July 18, 2025

Human Material

Human material seems to have one major defect: it does not like to be considered merely as human material.  It finds it hard to endure the feeling that it must resign itself to passive acceptance of changes introduced from above.

-- CzesÅ‚aw MiÅ‚osz (1911 - 2004), Polish poet and essayist, 1980 Nobel laureate in Literature, The Captive Mind (1953) translated by Jane Zielonko (1990) 

Thursday, July 17, 2025

To Be Responsible

To be a man is, precisely, to be responsible.  It is to feel shame at the sight of what seems to be unmerited misery.  It is to take pride in a victory won by one's comrades.  It is to feel, when setting one's stone, that one is contributing to the building of the world.

-- Antoine de Saint Exupéry (1900 - 1944), French writer, poet and aviator, Terre des Hommes (1939) Ch. II : The Men

Wednesday, July 16, 2025

A Nation Of Laws

We, the undersigned, proudly defended the rule of law as attorneys at the U.S. Department of Justice (DOJ).  We are all alarmed by DOJ leadership's recent deviations from constitutional principles and institutional guardrails.  We also share a grave concern over the senseless attacks on the dedicated career employees who are the backbone of the Department.

Emil Bove has been a leader in this assault.  Despite that, he now stands before you as a nominee for a lifetime seat on the U.S. Court of Appeals for the Third Circuit.  We ask that before the Judiciary Committee votes on this nomination, you rigorously examine the actions Mr. Bove has taken at DOJ and the effects they've had on the Department's integrity, employees, and mission-critical work.  It is intolerable to us that anyone who disgraces the Justice Department would be promoted to one of the highest courts in the land, as it should be intolerable to anyone committed to maintaining our ordered system of justice. ...

Each of you was elected through a democratic process that, for nearly 250 years, has been anchored by the rule of law.  But the law is only as strong as the institutions that interpret and enforce it; foremost among them, the federal judiciary and the Department of Justice.  By elevating those who've degraded one of those institutions to lifetime seats on the other, you will have abrogated your duty to ensure that we remain a nation of laws.

We ask that you vote your conscience only after thoroughly and honestly investigating Mr. Bove's actions at the Justice Department, including by questioning current and former DOJ employees with information relevant to the aforementioned incidents and others.  We also urge you to zealously exercise your oversight powers to protect the Justice Department against further attacks.

-- Letter to the Senate Judiciary Committee, released Tuesday with signatures of 75 former U.S. Department of Justice employees, now (Wednesday) with more than 900 signatories (15 July 2025)

Tuesday, July 15, 2025

Check That Lawlessness

This case arises out of the President's unilateral efforts to eliminate a Cabinet-level agency established by Congress nearly half a century ago: the Department of Education.  As Congress mandated, the Department plays a vital role in this Nation's education system, safeguarding equal access to learning and channeling billions of dollars to schools and students across the country each year.   

Only Congress has the power to abolish the Department.  The Executive's task, by contrast, is to "take Care that the Laws be faithfully executed." U. S. Const., Art. II, §3.  Yet, by executive fiat, the President ordered the Secretary of Education to "take all necessary steps to facilitate the closure of the Department." Exec. Order No. 14242, 90 Fed. Reg. 13679 (2025). Consistent with that Executive Order, Secretary Linda McMahon gutted the Department's work force, firing over 50 percent of its staff overnight.  In her own words, that mass termination served as "the first step on the road to a total shutdown" of the Department. 

When the Executive publicly announces its intent to break the law, and then executes on that promise, it is the Judiciary's duty to check that lawlessness, not expedite it.  Two lower courts rose to the occasion, preliminarily enjoining the mass firings while the litigation remains ongoing.  Rather than maintain the status quo, however, this Court now intervenes, lifting the injunction and permitting the Government to proceed with dismantling the Department.  That decision is indefensible.  It hands the Executive the power to repeal statutes by firing all those necessary to carry them out.  The majority is either willfully blind to the implications of its ruling or naive, but either way the threat to our Constitution's separation of powers is grave.  Unable to join in this misuse of our emergency docket, I respectfully dissent.

-- Supreme Court Justice Sonya Sotomayor, with whom Justice Kagan and Justice Jackson join, dissenting in Linda McMahon, Secretary of Education, v New York, on application for stay, in which the majority allowed the Trump administration to move forward with depopulating the Department of Education (14 July 2025)

Monday, July 14, 2025

Our Tax Dollars At Work

Five months into its unprecedented dismantling of foreign-aid programs, the Trump administration has given the order to incinerate food instead of sending it to people abroad who need it.  Nearly 500 metric tons of emergency food -- enough to feed about 1.5 million children for a week -- are set to expire tomorrow, according to current and former government employees with direct knowledge of the rations.  Within weeks, two of those sources told me, the food, meant for children in Afghanistan and Pakistan, will be ash.  (The sources I spoke with for this story requested anonymity for fear of professional repercussions.)

Sometime near the end of the Biden administration, USAID spent about $800,000 on the high-energy biscuits, one current and one former employee at the agency told me.  The biscuits, which cram in the nutritional needs of a child under 5, are a stopgap measure, often used in scenarios where people have lost their homes in a natural disaster or fled a war faster than aid groups could set up a kitchen to receive them.  They were stored in a Dubai warehouse and intended to go to the children this year.

-- Hana Kiros, "The Trump Administration Is About to Incinerate 500 Tons of Emergency Food", The Atlantic (14 July 2025)

Friday, July 11, 2025

Odious

The power of the Executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers, is in the highest degree odious and is the foundation of all totalitarian government.

-- Sir Winston Leonard Spencer Churchill (1874-1965), British politician and statesman, in a telegram (21 November 1942) by Churchill from Cairo, Egypt to Home Secretary Herbert Morrison; cited in In the Highest Degree Odious (1992), Simpson, Clarendon Press, p. 391

Thursday, July 10, 2025

DMSP Termination

Topic: Suspension of All Defense Meteorological Satellite Program (DMSP) Data

Product(s) or Data Impacted:  All Defense Meteorological Satellite Program (DMSP) data and products: FINE, SMOOTH and HOUSEKEEPING data from Operational Linescan System (OLS), Special Sensor Microwave Imager Sounder (SSMIS), and all Near-Earth Space Weather instruments

Date/Time of Initial Impact: no later than June 30, 2025 

Date/Time of Expected End: NA Termination

Details/Specifics of Change: 

Due to recent service changes, the Defense Meteorological Satellite Program (DMSP) and Navy’s Fleet Numerical Meteorology and Oceanography Center (FNMOC) will discontinue ingest, processing and distribution of all DMSP data no later than June 30, 2025.  ESPC interfaces will not receive DMSP data and all data products will be suspended.  Users should expect all FINE, SMOOTH and HOUSEKEEPING data from Operational Linescan System (OLS), Special Sensor Microwave Imager Sounder (SSMIS), and all Near-Earth Space Weather instruments to be terminated.  This service change and termination will be permanent. 

-- Notice published by the National Oceanic and Atmospheric Administration, NOAA (25 June 2025), announcing that after 40 years, on 5 days' notice, the U.S. Department of Defense will no longer provide satellite weather data, leaving hurricane forecasters without crucial information about storms as peak hurricane season arrives in the Atlantic.  The termination has been delayed by 1 month after an outcry from scientists and forecasters, NPR "Defense Department will stop providing crucial satellite weather data" (1 July 2025)

Wednesday, July 09, 2025

Reasons

The heart has its reasons, which Reason does not know.  We feel it in a thousand things.

-- Blaise Pascal (1623 - 1662), French mathematician, logician, physicist, and theologian, The Pensées (1669) (literally "thoughts") Section IV: On the Means of the Belief (242-290) 277