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)

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

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

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"

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

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

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

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)

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

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)

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)

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)

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"

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)

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)

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

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)

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)

In Dreams

In dreams begins responsibility.

-- William Butler Yeats (1865 - 1939), Irish symbolist poet, dramatist, and mystic, 1923 Nobel laureate in Literature, Epigraph to the book Responsibilities (1914)

None Of This Was Charity

Russia, despite a rickety economy and unsustainable manpower losses, is escalating this fight in an attempt to win through diplomacy -- pouring everything into a renewed effort to break the West's resolve because they can't break Ukraine's lines.  And Ukraine continues to hold at great cost.  If we falter now, the United States risks more than just a battlefield setback.  We risk sending a signal to adversaries and allies alike that America no longer has the stomach to stand with those who fight for freedom.  To give up now sends the message that we have no will to commit to our own national interests.

The history of diplomacy has many euphemisms for disengaging from a fight before the enemy: "ending wars," "retrenchment," "refocusing," "a decent interval," and so on.  The military has a simple word for it: surrender.

The past three U.S. administrations understood both the stakes and the complexity of supporting Ukraine.  They helped Ukraine take the difficult steps toward interoperability with NATO while provided critical military equipment and training.  Our policy and our delivery timelines weren't always perfect, but Republicans and Democrats agreed that a free, strong Ukraine in a position to defend itself was an asset to our security.  And Americans supported that approach.

None of this was charity -- it was strategic investment with deliberate attention to what we could provide without compromising our own readiness.  That took rigor, discipline, analysis, and more risk mitigation than almost anyone who doesn't work in the Pentagon will ever realize.  But it paid off.  Ukraine, once reliant on Soviet doctrine and gear, transformed its military structure and operational capability under fire while defending its sovereignty with courage, combat savvy, and increasing skill.

Ukraine is holding on.  Barely, but bravely.  Let's not make them hold on alone or for much longer.

-- Lt. Gen. Mark Hertling (Ret.), former commander of U.S. Army Europe, "If We Don't Stand With Ukraine, What Do We Stand For?" (7 July 2025)