Tuesday, March 22, 2022



Most Men Lead Lives of Quiet Desperation

Do they? There is an article here by Julian Bašić that says so. He is of course quoting. The twiddly bits on his name suggest a Balkan origin, perhaps Serbia. There is a lot in Serbia and such places to explain depression. From at least the 19th century onward, they have lived through an incredible series of ghastly wars. I am a naturally buoyant person in mood but if I were a Serb I might not be

And depression is the key to the article. He quotes no real evidence for the sad conclusion that the title of his article embodies. He just thinks his conclusion is obvious and quotes a few other like-minded authors.

I have been taking an interest in the happiness research for many years and its conclusions are very different from those of Mr Bašić

For a start it would appear that happiness if a trait rather than a state. We are born happy or unhappy and not much changes it. Some influences do have some effect, however so it is possible that his Balkan origins do partly account for Mr Bašić's sad artkicle.

The best comprehensive research article on happiness is probably this one. Note from their chart 11 that around 80% of people were fairly or very satisfied with life, which is just about as opposite as you could get from Mr Bašić's assumptions. In the circumstances I will not reproduce here any of his mournful article.

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Biden nominates a very Leftist judge to SCOTUS

Judge Ketanji Brown Jackson once expressed concern about a “climate of fear, hatred, and revenge” surrounding sex offenders.

Jackson later opposed the confinement conditions of a Taliban leader suspected of running a terrorist cell.

The judge also routinely ruled against the Trump administration on immigration enforcement cases, as detailed here.

Now, as President Joe Biden’s Supreme Court nominee, Jackson faces questions about her legal career and record on crime when her Senate confirmation hearing convenes Monday.

Senate Minority Leader Mitch McConnell, R-Ky., this week noted that during a crime wave, Jackson is a favorite among interest groups that are soft on crime.

“Amid all this, the soft-on-crime brigade is squarely in Judge Jackson’s corner,” McConnell said Tuesday in a Senate floor speech. “They wanted her above anyone else on the short list. And they specifically cite her experience defending criminals and her work on the Sentencing Commission as key qualifications.”

The liberal nonprofit group Demand Justice promoted Jackson as one of its top picks on a list of potential Supreme Court nominees for Biden. Arabella Advisors, a major bankroller of left-of-center causes, sponsored the launch of Demand Justice.

Since June, Jackson has been a judge on the D.C. Circuit Court of Appeals. From 2013 to 2021, she was a judge for the U.S. District Court for the District of Columbia. From 2003 to 2005, she was an assistant special counsel for the Sentencing Commission, then a public defender until 2007.

President Barack Obama nominated Jackson, in private practice at the time, to serve on the Sentencing Commission itself starting in 2009. She became vice chairwoman.

‘Alarming Pattern’ on Sex Offenders
Sen. Josh Hawley, R-Mo., a member of the Senate Judiciary Committee, tweeted Wednesday that he sees “an alarming pattern when it comes to Judge Jackson’s treatment of sex offenders, especially those preying on children.”

While on the commission, Hawley noted, Jackson said a “less serious child pornography offender” is motivated by “the use of technology.” She also said that some of those who possess child porn “are in this for either the collection, or the people who are loners and find status in their participation in the community.”

Hawley’s tweets referred to seven separate cases in which Jackson ruled.

“On the federal bench, Judge Jackson put her troubling views into action. In every single child porn case for which we can find records, Judge Jackson deviated from the federal sentencing guidelines in favor of child porn offenders,” Hawley wrote on Twitter.

Jackson authored 585 rulings while on the D.C. District Court, but has written only two opinions as a D.C. Circuit judge.

The lower court cases Hawley highlighted include:

U.S. v. Hawkins, where sentencing guidelines called for up to 10 years in prison for a man convicted of possession of multiple images of child pornography. Jackson sentenced him to three months.

U.S. v. Stewart, where sentencing guidelines called for 97 to 121 months in prison for a man convicted of possessing thousands of images of child porn and attempting to travel across state lines to abuse a 9-year-old girl. Jackson sentenced him to 57 months.

U.S. v. Cooper, where the guidelines called for 151 to 188 months for a sex offender convicted of posting 600 images and videos online. Jackson sentenced him to 60 months, the lowest sentence allowed, according to Hawley.

U.S. v. Chazin, where the guidelines called for 78 to 97 months for possession of child porn. Jackson’s sentence was 28 months.

U.S. v. Downs, where the guidelines called for 70 to 87 months for someone convicted of posting sexual images of children, including at least one under age 5. Jackson handed down 60 months.

U.S. v. Sears, where the guidelines called for 97 to 121 months for a perpetrator convicted of distributing 102 child porn videos as well as photos of his 10-year-old daughter. Jackson gave him 60 months. (Jackson, however, later denied him compassionate release in 2020 when he said diabetes mellitus and asthma placed him at greater risk of serious complications from COVID-19, according to a Congressional Research Service report.)

U.S. v. Savage, where the guidelines called for 46 to 57 months for a man convicted of traveling with the intent to engage in illicit sexual conduct and also transporting child porn. Jackson sentenced him to 37 months.

White House spokesman Andrew Bates told a Washington Post reporter that Hawley used selective information. “This is toxic and weakly presented misinformation that relies on taking cherry-picked elements of her record out of context—and it buckles under the lightest scrutiny,” the Post quoted Bates as saying.

‘Advocating Lighter Sentencing’

Democrats support the Jackson nomination and technically control the 100-member Senate by holding 48 seats, enjoying the support of two independents, and having Vice President Kamala Harris available to cast a tie-breaking vote.

Shortly after Biden nominated Jackson, the watchdog group American Accountability Foundation first flagged her 1996 Harvard Law Review article arguing that the justice system was unfair to sex offenders.

For a lifetime appointment to the Supreme Court, Jackson’s lifetime of legal views should be evaluated by senators, said Matt Buckham, a founder of the group.

“Maybe the article was written in the past about how the law is unfair to sexual predators and sex offenders, but she has had a long legal career advocating for lighter sentencing for crimes across the board,” Buckham told The Daily Signal.

Jackson’s Harvard Law Review article is titled “Prevention Versus Punishment: Toward a Principled Distinction in the Restraint on Released Sex Offenders.”

“In the current climate of fear, hatred, and revenge associated with the release of convicted sex criminals, courts must be especially atten­tive to legislative enactments that ‘use … public health and safety rhetoric to justify procedures that are, in essence, punishment and detention,’” Jackson wrote.

Jackson went on to compare laws on sex offender registries to the precedent set by the Supreme Court in the case of Kennedy v. Mendoza-Martinez, where it struck down laws denying national citizenship to draft dodgers as unconstitutionally punitive.

In her article, Jackson wrote:

Judges should abandon the prevention/punishment analyses that rely on legislative intent, that routinely apply the Kennedy factors, and that assess the ‘excessiveness’ of a sex offender statute’s punitive effects in favor of a more principled approach to characterization. Although ‘[a precise] analytical solution is almost impossible to construct,’ this note suggests that such a principled approach in­volves assessing the impact of sex offender statutes and deeming the laws ‘punitive’ to the extent that they operate to deprive sex criminals of a legal right in a manner that primarily has retributive or general­ deterrent effects.

The American Accountability Foundation’s Buckham said Jackson’s record on crime demonstrates that she isn’t qualified to serve on the high court.

“She has a record of being an activist for a social justice agenda, not an arbiter of justice,” Buckham said. “If more Americans were aware she wants the law to go lighter on sex offenders, they would be horrified. Biden had a lot of candidates to draw from and should go back to the drawing board.”

Jackson’s record on such crimes is a fair issue to raise, said Carrie Severino, president of the Judicial Crisis Network, a conservative legal nonprofit.

“To minimize child pornography is certainly not a positive for a Supreme Court nominee,” Severino told The Daily Signal.

If the issue is limited to opposing a sex offender registry, as outlined in Jackson’s law review article, liberal judges have opposed this before, noted Curt Levey, president of the Committee for Justice, another conservative nonprofit.

In a 2003 case, Justices John Paul Stevens, Ruth Bader Ginsburg, and Stephen Breyer—the justice whom Jackson hopes to replace—were in a 6-3 minority disputing the constitutionality of Alaska’s sex offender registry. The same year, the high court unanimously upheld a Connecticut sex offender registry.

Defending Terrorism Suspects

Jackson’s broader record on crime will be a significant issue in her Senate confirmation hearing as well, Severino said, including the judge’s time as a public defender.

Jackson was a lawyer for terrorism suspects held at the U.S. detention facility at Guantanamo Bay, Cuba, including a Taliban officer believed to be a leader of a terrorist cell. In defending the Taliban leader, Khiali-Gul, Jackson accused the U.S. government of engaging in torture tactics.

Objecting to Gul’s confinement conditions, Jackson wrote:

Many of the most egregious interrogation techniques used in the Abu Ghraib detention center and other detention facilities in Iraq—such as the use of aggressive dogs to intimidate detainees, sexual humiliation, stress positions, and sensory deprivation—were pioneered at Guantanamo.

In the D.C. Federal Public Defender’s Office, Jackson primarily represented clients in appeals in firearms, tax evasion, and fraud cases. Legal experts note that senior public defenders have discretion about cases they are assigned.

“Obviously, the duty of a public defender is to advocate on behalf of their client as best as possible, but you can’t make just any argument,” Severino said. “Arguments can’t go beyond what is fair and reasonable.”

Severino said Jackson made “nitpicky” arguments as a public defender in two 2007 cases, one involving illegal firearms possession and the other drug possession.

In the firearms case, Jackson argued on appeal that the defendant couldn’t be charged with two separate firearms charges at the same time.

In the drug case, police had pursued a driver who made an illegal turn, then found drugs in plain sight in his vehicle, Severino said. Jackson argued that the driver shouldn’t have been pulled over, saying the turn wasn’t illegal if the police were able to pursue him.

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Pope Francis expands potential role of women in Vatican bureaucracy

A new Vatican constitution published at the weekend opens the way for women to run some offices at the Catholic Church’s universal headquarters that have always been run by men.

The change is the latest move by Pope Francis to expand the presence of women in the senior management of a church with an all-male clergy.

The new constitution of the Roman Curia, the Catholic Church’s central administration at the Vatican, stresses the need “for the involvement of laywomen and laymen, even in roles of government and responsibility”.

It also states “any member of the faithful can preside over” an office of the Curia, if compatible with the office’s specific function and area of authority.

The constitution doesn’t expand the role of laymen or women in worship, as opposed to management.

The constitution doesn’t specify which offices of the Curia, which include those that oversee bishops and priests around the world, must continue to be headed by cardinals, bishops or priests, who are always men. But it makes clear that certain officials, including the Vatican secretary of state and the head of the Vatican’s supreme court, will normally be cardinals.

By contrast, the previous constitution, promulgated by Saint John Paul II in 1988, stated that offices of the Curia were normally to be headed by a cardinal or an archbishop.

Pope Francis pledged early in his pontificate “to create still broader opportunities for a more incisive female presence in the church”, including “the possible role of women in decision-making in different areas of the church’s life”. He has named several women to Vatican leadership positions that were previously held only by men.

The Vatican’s communications office has been run by a layman, Italian journalist Paolo Ruffini, since 2018.

“Pope Francis has been working on a new organisational structure for the Vatican for nine years. It’s a major aspect of his legacy,” Joshua McElwee, from the National Catholic Reporter, said on Twitter.

The constitution released on Saturday, more than eight years in the making by a committee of cardinals including Cardinal Sean O’Malley of Boston, is largely a codification of changes made by Francis since his election in 2013, such as the merger of offices for social justice, peace, healthcare, migration and charitable works.

New changes announced on Saturday include additional mergers, including that of the offices for education and culture. In a symbolic move, Francis will personally assume the portfolio of a new office for evangelisation, the product of a merger of two pre-existing offices.

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The Australian Labor party doesn't ‘walk the talk’ on women

Despite what the Labor Party – and the wacky Woke may think – Conservative and Liberal women have always been leaders in politics, the original breakers of the glass ceiling.

However, International Women’s Day last week brought on the usual bout of self-glorification by the Australian Labor Party about its female activism. Fanciful stuff, even on a good day.

When quotas provide the co-ordinates to the Cabinet room, it’s a telling tale about the truth.

Yet on that day to celebrate women, Federal Member for Lilley, Labor’s Anika Wells, was on radio waxing lyrical about former Labor MP, Ros Kelly. Ms Wells said Ms Kelly was Australia’s first female Minister.

She wasn’t.

That was Dame Enid Lyons in the Menzies Government – well before Ms Kelly, and before quotas, and certainly before International Women’s Day.

Ms Kelly was indeed Labor’s first female minister. And to be fair – such significant use of a whiteboard was probably a Labor first – so credit where it’s due.

The Labor Party continually stratifies the superlatives on Whitlam: the progressive, the Goliath of the mighty left. But for all the eternal worshipping, there was not one woman in Whitlam’s Cabinet. Zip all. I’d say that’s more boo-hoo than woo-hoo.

It’s Time the Labor Party delivered accuracy and honesty in reporting the true history of women in politics in Australia.

It’s also time they stopped pointing fingers, especially those complete with painted nails.

These are not glory days for Labor.

Just 24 hours after their International Women’s Day histrionics, Labor’s former Victorian Legislative Council MP, Kaushaliya Vaghela, was raising serious complaints in the Parliament about bullying of her by men and women from within the Labor Party. The Premier, Daniel Andrews, is on her list that has now gone to WorkSafe for investigation.

Bullying by the ‘Mean Girls’ and others within Labor has also been discussed in the death of Victorian Labor Senator, Kimberley Kitching. Those involved continue to deny the allegations.

In her passing, close friends and colleagues have further exposed Labor’s seeping factional sores – those who – when tested – cared little for a female MP who didn’t kowtow to lesser ideals. Aren’t these the women that Labor claims to champion? The strong? The fearless? The intelligent?

Kitching deserved better than political bastardry dressed up in heels. Our nation deserves better too. It is already the poorer for her absence.

So, while Labor talks about celebrating women, the Liberal Party walks it.

As the Member for Lilley sang Labor’s female song last week, I reached for my list on non-Labor firsts. It includes:

First female federal Cabinet Minister (without portfolio) – Hon Dame Enid Lyons in 1951 – Liberal

First female federal Minister with portfolio – Hon Dame Annabelle Rankin between 1966-68 – Liberal

First female in any Parliament – Edith Cowan OBE (WA State) 1921-24 – National

First female in Qld Parliament – Irene Longman 1929 – Country Party

First female in Vic Parliament – Lady (Millicent) Peacock 1933-35 – UAP

First female federal MP – Hon Dame Enid Lyons AD, 1943-51 – UAP/Liberal

First female Senator from Queensland – Hon Dame Annabelle Rankin 1947-71 – Liberal

First female Cabinet Minister in Australia (WA State) – Hon Dame Florence Cardell-Oliver 1949-53 – Liberal

First female Mayor in Qld – Nell Robinson OBE, Mayor of Toowoomba 1967-81 – Country/National

First federal female Cabinet Minister with portfolio – Hon Dame Margaret Guilfoyle AC, DBE 1975-82 – Liberal

First female Lord Mayor of Brisbane – Sallyanne Atkinson AO 1985-92 – Liberal

First female Lord Mayor of Sydney – Lucy Turnbull AO 2003-2004 – Liberal

First female party leader in SA – Isobel Redmond 2009-2012 – Liberal

First female Speaker of Tasmanian House of Assembly – Hon Elise Archer MLA 2014-17 – Liberal

First popularly elected female Premier of NSW – Hon Gladys Berejiklian (Liberal) 2019-2021 – Liberal

Labor doesn’t own women’s successes, it just peacocks the politics of it. Others treat women as equals and celebrate merit-based appointments.

The women I know neither need, nor want, a social or workplace artifice. False applause is not their thing.

When conservative women such as Dame Enid Lyons broke through that glass ceiling, they did so without much noise, but shouted their success through their outstanding work standards and quiet resolve.

If we are truly to be equals – assuming it is equality and not supremacy the mob are after – one wonders when International Men’s Day will land on the calendar?

Even then, it is more likely to be about quiet, smoky barbeques than cute juice breakfasts in fancy suits.

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My other blogs. Main ones below:

http://dissectleft.blogspot.com (DISSECTING LEFTISM)

http://edwatch.blogspot.com (EDUCATION WATCH)

http://antigreen.blogspot.com (GREENIE WATCH)

http://australian-politics.blogspot.com (AUSTRALIAN POLITICS)

http://snorphty.blogspot.com/ (TONGUE-TIED)

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