Tag Archives: annotations

informally annotated text (text + commentary)

how to balance badly: another way that news articles can suck

Ah, a fine Sunday morning reading the paper, and trashing media bias and sloppy reporting at the NYT …

This annoying NYT article (11/12) on police witness “sanctuary” policies is a perfect example of how articles can be technically “balanced” but still really suck present an imbalanced picture.

The police witness sanctuary policies basically tell local police that, when talking with a witness (including the victim) to a crime, they shouldn’t ask about immigration status. And, yes, there is a humanitarian rationale for them that benefits immigrants in particular. But there is also a significant rationale that applies to everyone, not just immigrants: These policies protect anyone who might be the victim of a crime, not just immigrants, by encouraging everyone to come forward without fear of personal repercussions. Do you really want the one person who saw the hit-and-run, or the murder, or the burglary, or the purse-snatching, or the kidnapping … to not come forward because her immigration status is in trouble?

The article, unfortunately, never presents that very basic, fundamental argument in a clear way, and instead presents the pro-sanctuary policy arguments in only a very muddled fashion. At the same time it gives plenty of space to the well-articulated (albeit distasteful) positions of those folks willing to cut off their crimefighting noses to spite immigrants. Or something like that.

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alito on copyright, first amendment, cyberlaw

DRAFT: a work in progress; will be updated as I review more cases (or find typos)

Well, according to NPR, Judge Sam Alito from the Third Circuit is nominated. I’m sure that everyone will be all over his record on every conceivable issue in no time at all, but I’m looking at his copyright etc. for a few minutes just to see what’s out there.

copyrightprivacyfirst amendment & speechconsumer rights in telecomm, clickwrap, EULAs, antitrust, etc.other cyberlawalso interesting


I haven’t found much in the 3rd Circuit case law that suggests Alito has dealt with a lot of the most pressing copyright questions or the constitutional copyright questions, beyond originality. He has been good on originality, and in general he appears to be careful and thoughtful about copyright. So far, I’ve found:

Four opinions signed or written by Alito relate to originality: Alito wrote one opinion (Southco) and signed two (Southco en banc and R&B v. Needa (unpublished)) finding that part numbers lack sufficient originality for copyright protection. Alito also signed the troll doll opinion (Dam Things) which basically said that a derivative work needed to be carefully parsed for originality.

Two opinions on copyright registration technicalities. Alito signed a per curiam in Gallup v. Kenexa, and dissented in Raquel; the Raquel majority opinion was specifically criticized by the Copyright Office and then reversed by Supreme Court. In both instances Alito was critical of technical readings of registration requirements that stripped registrants of their copyright protections.

Two opinions on copyright preemption in Orson v. Miramax: Alito dissented in Orson I, and then signed the 3rd Cir en banc opinion, reversing Orson I, and holding that the a Pennsylvania film distribution statute was preempted by the Copyright Act.

Alito signed an unpublished copyright licensing opinion in Operating Systems Support v. Wang. I’ll have to read it very closely, but at a quick glance, it looks like a business-to-business software licensing agreement. Looks mostly like a close contractual reading of the terms of the various licensing agreements, without much analysis of the Copyright Act. As Seth Finkelstein pointed out on copyfight, business-to-business licensing cases don’t give a good sense of a judge’s opinion of consumer issues in contracting. But, Ideoblog looked at Alito’s contract cases, and said that

Alito has displayed a marked tendency to enforce contracts as written, specifically including choice of law/forum and arbitration provisions that are intended to mitigate litigation costs.

That could bode ill for any shrinkwrap cases that make it to the Supreme Court, including anti-reverse engineering clauses, anti-resale/First Sale clauses, or other consumer-unfriendly clauses.

copyright cases with brief cites & descriptions:

  • Alito wrote the first 3d Circuit opinion in Southco v. Kanebridge, 258 F.3d 148 (3rd Cir. 2001) holding that part numbers are not copyrightable. He also signed the en banc opinion that also held part numbers are not copyrightable. [I discussed Southco; William Patry did a detailed analysis; and madisonian.net promises analysis later today]

  • Gallup v. Kenexa Corp, 2005 WL 2271271 (3rd Cir. 2005) – A very recent per curiam opinion from Sept. 19, 2005. Reversing summary judgment to defendant Kenexa on a copyright infringement claim, because the District Court erred in declaring Gallup’s copyright registration invalid on a technical reading of the registration requirements.

  • Orson v. Miramax, 189 F.3d 377 (3rd Cir. 1999) – Alito joined the majority en banc holding that a Pennsylvania statute was preempted by Copyright Act. The statute (Pennsylvania Feature Motion Picture Fair Business Practices Law) restricted movie distributors use of exclusive first run licensing contracts. Alito dissented in the reversed 3rd Cir. ruling, 174 F.3d 377 (3rd Cir. 1999), which held that the Pennsylvania statute was not preempted.

  • Raquel v. Education Management Corp., 196 F.3d 171 (3rd Cir. 1999). Alito dissented in another copyright registration case. Taken with Gallup, Alito really doesn’t like technicalities getting in the way of copyrights (at 182):

    I believe that the majority’s decision elevates form over substance and works a forfeiture of a valid copyright because of a misstatement that the trial court had already labeled inadvertent.

    This is another instance in which Alito has a good record with the Supremes: Cert. was granted & judgment was vacated by 531 US 952 (2000) which simply said:

    Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of the position asserted by the Solicitor General in his brief for the United States, as amicus curiae, filed September 20, 2000, and the Copyright Office’s July 5, 2000, Statement of Policy, 65 Fed.Reg. 41,508.

    Basically the Copyright Office wrote that the 3rd Cir had gotten it wrong (65 FR 41508-01):

    [T]he court appears to have misunderstood the Copyright Office’s longstanding published practices relating to the “nature-of-work” space.

  • Alito was on a (the?) troll doll court! Dam Things from Denmark a/k/a Troll Company ApSm v. Russ Berrie & Company, Inc., 290 F.3d 548 (3rd Cir. 2002). The troll dolls from the 60s fad had copyright restored by 104A. The court held that the copyright qualified for restoration and was not abandoned, but that the District court had not properly considered the 104A safe harbor for derivative works, or properly done the infringement analysis. After spanking the District Court for its “somewhat conclusory treatment of the issues” and for not carefully distinguishing which troll was which, the 3rd Cir. remanded “for further consideration in light of this opinion.” (at 552) The 3rd Cir. went on to strongly suggest there was infringement, then said that the District Court needed to closely evaluate each work for infringement AND for originality to see if the minor differences noted between the various trolls constituted sufficient originality to qualify for the derivative works exception to 104A.

  • Operating System Support, Inc. v. Wang Laboratories, Inc., 52 Fed.Appx. 160 (3rd Cir. 2002) (not published). Alito joined an unpublished copyright license opinion. At a quick glance, it looks like a business-to-business software licensing agreement, with some close contractual reading of the terms of the various licensing agreements, and little analysis of the Copyright Act. Business-to-business is not very informative for consumer rights by itself, but see above, where I mentioned Ideoblog’s analysis of Alito’s contract cases that do implicate consumer rights. (Thanks to Seth Finkelstein’s comment on copyfight for making it clear that I needed to be a bit more descriptive about why I was distinguishing the case as a business-to-business contracts.)

  • R&B, Inc. v. Needa Parts Mfg., Inc., 50 Fed.Appx. 519 (3rd Cir. 2002) (not published). Per curiam. Another parts number copyright case affirming District Court finding that part numbers not copyrightable and plaintiffs not likely to succeed on trademark infringement claim.

consumer rights & public interest in telecomm, shrinkwrap, etc.

The picture that emerges from looking broadly at consumer rights and interests is not a good one. Alito appears to be quite concerned with enforcing the letter of contracts and working through the nuances of textual interpretation. However, consumer interests are protected in contract law through broad policies that inform the interpretation of clauses and doctrines. If Alito is, as he appears to be, very concerned with the trees, he may miss the forests. [The NYT 11/5 had a good review of his business opinions, including antitrust law; also covering arbitration decisions, employee discrimination, environmental law and investor claims.]

  • Ooh, TCPA. ErieNet, Inc. v. Velocity Net, Inc., 156 F.3d 513 (1998). Alito dissented from a holding that the TCPA (Telephone Consumer Protection Act) did not create right to bring action in federal court. A close reading of a negative implication case.

  • Ethical Esquire pulls together some of the antitrust commentary & suggests that Alito is not a fan of private enforcement of antitrust.
  • Operating System Support, Inc. v. Wang Laboratories, Inc., 52 Fed.Appx. 160 (3rd Cir. 2002) (not published). Analysis copied from above: Alito joined an unpublished copyright license opinion. At a quick glance, it looks like a business-to-business software licensing agreement, with some close contractual reading of the terms of the various licensing agreements, and little analysis of the Copyright Act. Business-to-business is not very informative for consumer rights by itself, but see above, where I mentioned Ideoblog’s analysis of Alito’s contract cases that do implicate consumer rights. (Thanks to Seth Finkelstein’s comment on copyfight for making it clear that I needed to be a bit more descriptive about why I was distinguishing the case as a business-to-business contracts.)

first amendment (speech clause)

Alito seems to be involved in a lot of First Amendment caselaw, both speech and establishment/free exercise. I imagine this will be reviewed closely elsewhere but I started going through some of decisions. [New World Man looked at Alito’s First Amendment speech clause jurisprudence, as did the First Amendment Center. The FAC says

A preliminary examination of his First Amendment opinions suggests that Alito is: (1) quite protective of several categories of expression, including religious and commercial expression; (2) far less protective of First Amendment claims raised by prisoners; (3) guardedly protective of First Amendment rights in defamation cases, and (4) generally concerned about prior restraints on expression.

which seems about right to me. Prisoners’ 1A rights are not significantly protected; that fits in with a general conservative law-and-order perspective.

  • Saxe v. State College Area School District, 240 F.3d 200 (3rd Cir. 2001). First Amendment; struck down school anti-harassment policy.

  • Tucker v. Fischbein, 237 F.3d 275 (3rd Cir. 2001) – a defamation case. Alito wrote opinion that “held that: (1) statements were capable of a defamatory meaning under Pennsylvania law; (2) fact issue existed as to whether attorney acted with actual malice with respect to statements made after he was served with amended complaint naming him as party in prior action; and (3) fact issue existed as to whether statements made by attorney to reporters, and published in articles, were false; but (4) magazines and reporters did not act with actual malice sufficient to support recovery.”

  • Pitt News v. Pappert, 379 F.3d 96 (3rd Cir. 2004) – First Amendment

  • White v. Communication Workers of America, AFL-CIO Local 1300, 370 F.3d 346 (3rd Cir. 2004) – labor / First Amendment

  • Edwards v. California Univ of Pennsylvania, 156 F.3d 488 (3rd Cir. 1998) – Alito wrote court’s opinion in an academic freedom case. Professor challenged public university’s restrictions on curriculum & teaching material. This one should make the “academic bill of rights” people happy: the professor was teaching instructional methods and included as examples information about religion, censorship, etc. The university restricted his teaching methods, and he claimed retaliation; Alito held that the university “the University can make content-based decisions when shaping its curriculum” (at 492). This is interesting (at 493):

    In sum, we conclude: (1) that Professor Edwards does not have a First Amendment right to choose classroom materials and subjects in contravention of the University’s dictates; (2) that Edwards failed to state a procedural due process liberty claim because he did not allege a deprivation of employment; and (3) that the district court properly dismissed Edwards’s equal protection claim after Edwards’s own counsel conceded that the complaint failed to adequately state such a claim. We find Edwards’s remaining arguments on appeal to be without merit. Accordingly, we affirm. We emphasize that we only pass on the narrow legal issues presented to us. Nothing in our opinion should be read to mean that we condone all of the conduct of the University officials that was revealed at trial.

privacy, 4th amendment

Robert Gordon wrote a good piece for Slate laying out Alito’s conservative jurisprudence with respect to Fourth Amendment search and seizure cases, and individual liberties cases generally. He found:

At least in my research, Lexis/Nexis revealed exactly one case in which Alito protected individual rights more vigorously than colleagues. That wasn’t really an individual-rights case at all; it was the states’ rights case in which Alito would have vacated the conviction for owning a machine gun. So, for example, Alito sat on a dozen panels in which judges disagreed regarding a citizen’s Fourth Amendment rights. … In each of those cases, Alito adopted the view most supportive of the government’s position. Of course, caveats apply. All of the cases are more complicated than short summaries can capture. In any given case, Alito’s position often seems reasonable; it is the accumulation of consistent results that surprises.

Alito prepared a report on privacy for a 1972 conference. [posted by EPIC; link from MT Law Blog 11/3]

  • US v. Williams, 124 F.3d 411 (3rd Cir. 1997) – Federal Wiretapping Statute, video surveillance

  • The corker is the Doe v. Groody case in which Alito thought it okay for a 10-year-old and her mother to be strip-searched. That will be well covered elsewhere, I suspect.

Other CyberLaw


  • Toys’R’Us, Inc. v. Step Two, S.A., 318 F.3d 446 (3rd Cir. 2003). Alito signed opinion reversing District Court’s refusal to grant limited jurisdictional discovery and granting dismissal for lack of personal jurisdiction. Question was whether Step Two’s websites were cybersquatting, trademark infringement, unfair competition, etc. Step Two is a Spanish company with web presence in the US. the court looked to Zippo‘s purposeful availment test; also cited ALS Scan (4th Cir) and Cybersell (9th Cir). The court noted that the evidence thus far didn’t look like it met the Zippo purposeful availment test but said the District Court had erred in not granting jurisdictional discovery, by focusing solely on the website and ignoring other Internet and non-Internet contacts. The court dismissed the contention that Step Two met New Jersey’s ‘express aiming’ test.

other IP & cyberlaw issues: trademark & unfair competition

  • Marshak v. Treadwell, 240 F.3d 184 (3rd Cir. 2001). Alito wrote opinion. Trademark & common law mark case.

  • Times Mirror v. Las Vegas Sports News, 212 F.3d 157 (3rd Cir. 2000)

  • A&H Sportswear, Inc. v. Victoria’s Secret Stores, Inc., 166 F.3d 197 (3rd Cir. 1999) – en banc trademark.

  • Iberia Foods Corp. v. Romeo, 150 F.3d 298 (3rd Cir. 1998) – trademark

other links & areas of interest

The individual liberties versus institutional rights (business, government) framework, laid out by Robert Gordon in Slate, appears to be a helpful one in examining Alito’s jurisprudence.

Ideoblog looks at Alito’s contract cases; New World Man provides an Alito primer which sums up and links to a variety of other analyses. New World Man also looked at First Amendment speech clause and religion. ThinkProgress does a press-release style rundown of some of Alito’s hot-button civil liberty cases.

SCotUS blog links to a lot of other blog commentary and also to the wikipedia entry which is unsurprisingly very current & detailed.

SCOTUSblog has some other notable cases, including a dissent on the abortion husband-consent statute from Casey. We’ll all be verrrry familiar with that one before long. The quick read I gave it said that Pennsylvania legislators could have reasonably thought that forcing a woman to discuss her medical options with her spouse was permissible because she might be mistaken about whether they could afford the baby or not … Paraphrased for heightened sarcasm.

news.com reviews some of the tech decisions & has some commentary from attorneys on copyright and electronic surveillance. On the electronic surveillance, the only discussion seems to support the notion that Alito is a law-and-order kind of guy; no surprise there. My take is that he is law & order, and will support police technologies generally. Purely private surveillance will be more interesting. On employment, I would bet he finds employer surveillance of employees permissible.

IPTA Blog Blawg Review nicely wraps up a lot of coverage of Alito.

Kurt Opsahl @ EFF Deep Links summarizes the cyberlaw / 1st Amendment / 4th Amendment privacy caselaw, and links to other coverage.


  • Child Evangelism Fellowship of NJ v. Stafford Tp. School Dist., 386 F.3d 514 (3rd Cir. 2004) – an establishment clause case.
  • Blackhawk v. Pennsylvania, 381 F.3d 202 (3rd Cir. 2004) – a free exercise clause
  • ACLU-NJ v. Township of Wall, 246 F.3d 258 (3rd Cir. 2001) – establishment (public display) case
  • ACLU-NJ ex rel. Lander v. Schundler, 168 F.3d 92 (3rd Cir. 1999) – establishment (public display) case
  • FOP Newark Lodge No. 12 v. City of Newark, 170 F.3d 359 (3rd Cir 1999) – Alito wrote court’s opinion holding that refusal to grant religious exception to no-beard policy violated Sunni Muslim employees’ free exercise rights.

prisoners’ rights:

  • Reynolds v. Wagner, 128 F.3d 166 (3rd Cir. 1997) – charging inmates for medical care does not violate the 8th Amendment; failure to translate it into Spanish does not violate Spanish-speaking inmates’ rights

men reviewing men

So call me one of those annoying people who count things up and then bitch and infer meaning from quotas and statistics:

Boy Reviewer Michael Chabon, in his March 25, 2004, The New York Review of Books: Dust & Daemons review of Pullman’s His Dark Materials books, manages to cite, out of 19 references, only one female author (and only by her male character’s name (Harry Potter, of course)).

  • Philip Pullman, the author in question.
  • J. K. Rowling described as “Harry Potter”.
  • John Clute, a Canadian SF critic.
  • “Serious literature” gets these boys: Cooper (James Fenimore, I presume); Nathaniel Hawthorne; William Faulkner; Raymond Chandler; Steven Milhauser; Jonathan Franzen. I need hardly point out that 19th, early 20th century, and late 20th century literature have a goodly number of canonical authors who are not all of the XY persuasion.
  • He says that any list of great British works of epic fantasy must begin with Paradise Lost and move on to Tolkien and the C. S. Lewis’ Chronicles of Narnia. The Boy Reviewer then talks about how so much of modern fantasy is derivative of Tolkien, to make the point that Pullman is not. No argument there, but in the context of that point, how could you leave out Le Guin, who is a Serious Writer, of epic fantasy, and not in the Tolkien school at all? Excluded because she’s not British? Or because female authors don’t roll trippingly off the typing fingers of The Boy Reviewer? Come to think of it, if one wanted to throw up some names of non-Tolkien-esque fantasy writers, J. K. Rowling would be appropriate here.
  • Incidental references to three male writers: Jack Vance’s The Dying Earth; Larry McMurtry’s Lonesome Dove; Frank Herbert’s Dune novels.
  • A quick mention of L. Frank Baum’s “Dorothy Gale style of female fantasy heroines” to describe the female protagonist of The Golden Compass (in fairness, described the same way as J.K. Rowling, by the name of the character.)
  • Significant references to Virgil and Nabokov’s Ada.
  • A footnote to Michael Moorcock, which the author says is because of Moorcock’s influence on Pullman. I’ll give The Boy Reviewer half a pass here.

Chabon gets a pass on Pullman, the subject of the review; Milton (because so much of the books relate to Milton); Virgil (again because of the subject matter); C. S. Lewis (since the books were written at least in part as a kind of response to The Chronicles of Narnia); and Nabokov since Pullman had a minor reference to Nabokov’s Ada in the books. That leaves a ratio of, umm, 14 to 1 male authors to female. In fantasy literature! Which is even more astonishing when you consider the observation / generalization of the gender breakdown in authorship between fantasy and science fiction.

Am I suggesting that The Boy Reviewer I just counted up is sexist? No, I have no idea about his political and cultural views. I am suggesting that the review below, statistically speaking, looks like a good example of the phenomenon of boys reading boys, a phenomenon which is probably best explained by unconscious socio-cultural conditioning. I pick on this particular Boy Reviewer & his review not out of malice, but because while reading his review for otherwise innocent purposes, I was struck, almost against my will, by the paucity, indeed the dearth, of women cited in the text. The writers who are significant to The Boy Reviewer’s analysis are all male, but even more revealing is the uniform XY-ness of virtually all the writers cited as mere sidenotes to his analysis.

I don’t want to rewrite The Boy Reviewer’s article for him. It’s a perfectly fine article. The examples he gives make his points & do so just fine. But they also make a point he was perhaps not quite conscious of making: that this Boy Reviewer is generally conversant and conversational with male writers, but female writers don’t come quite so trippingly to his tongue.

serial numbers are non-copyrightable

Serial numbers are non-copyrightable — Southco v. Kanebridge Corp., No. 02-1243, 3d Circ., en banc, 12/3/2004.

Wacky procedural history. The case is all about Southco’s screw numbering system — which produces numbers that look like this: “47-10-202-10” and “47-10-502-50”. Kanebridge used Southco’s screw numbering system to label their own screws which were sold at a lower price. Southco of course sued, for copyright & TM infringement. [I haven’t read the briefing & lower court opinions but wouldn’t Kanebridge have had a counterclaim for intentional interference with business, unfair business practices, and abuse of process? The TM infringement claim is not discussed in this case but must surely have been dismissed — you can use someone else’s mark to make comparisons.]

Lower court (2000 WL 21257, ED PA 2000) said, Yes, the numbering system is copyrightable.

The Numbering System, with its unique, non-intuitive and highly complex attributes, easily satisfies the standard for originality. It was created out of nothing, and has developed to some use as an industry standard…. It is expandable as new products are developed, and is of use to Southco employees and customers.

That was clearly wrong — a system is by definition not copyrightable.

A Third Circuit panel in SouthCo I (258 F.3d 148 (3d Cir. 2000)) thought so too, and reversed/remanded, finding that there was a system, which was not copyrightable because, well, systems aren’t copyrightable. As for the individual numbers, the system dictated the assignment of numbers, and there was no creativity in their assignment.

Dist. Ct followed, apparently reluctantly, SouthCo I and granted SJ.

A new 3d Circuit panel now reversed, saying that panel I was factually wrong as to how the numbers were assigned. SouthCo II.

Now the Third Circuit decided to hear the case en banc and concluded that the SouthCo part numbers are not copyrightable.


The court supported its holding of noncopyrightability with two lines of reasoning.

(1) The first looked at the Feist for originality, and found that

In this case, the Southco product numbers are not ‘original’ because each number is rigidly dictated by the rules of the Southco system. Because ideas may not be copyrighted, Southco does not assert any claim of copyright in its numbering system, but instead focuses on the part numbers themselves. The numbers, however, do not reflect any creativity. … In sum, we hold that the Southco part numbers are not protected by copyright because they are mechanically produced by the inflexible rules of the Southco system.

Southco v. Kanebridge Corp. [pdf], p.10, p.14. Southco had argued that Burrow-Giles (the Oscar Wilde photographs-can-be-copyrightable case) supported their contention that the mechanical process of assigning numbers was akin to the mechano-chemical processes that created photographs. The court also pointed out that an “aleatoric painting (or other work of aleatoric art) does not result from the rigid application of a system of pre-set rules,” (*) apparently responding to a suggestion at oral argument that aleatoric painting might be a good analogy to the Southco numbering system!

(2) The court also said that the numbers themselves were not copyrightable because they were effectively short phrases or the titles of works, citing to 37 CFR § 202.1. The court cited Copyright Office’s determination that such short numbers lack creativity, and concern that granting copyright to them would interfere with their legitimate uses.

… more later

more election wisdom

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mentioning someone’s gay daughter is a “low blow”?

once again, i’m reduced to saying wtf ???

William Safire, “The Lowest Blow“, NYT, Oct. 18, 2004, is really pissing me off.

The Lowest Blow


The memoir about the Kerry-Edwards campaign that will be the best seller will reveal the debate rehearsal aimed at focusing national attention on the fact that Vice President Cheney has a daughter who is a lesbian.

Uhh, no, it won’t. This is bullshit, a fake issue.

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debate notes

thank god. thank god that kerry was so good last night. and bush just gave us one. why did his handlers let him go on so poorly-prepared? is he really that bad?

annotations: my favorite moments in the bush-kerry sept 30 debate

  • bush going on about iraq being a place where people had their hands cut off … which leads you inevitably to think about them now having their heads cut off
  • bush saying he puts his daughters on a leash [Bush: “I’m trying to put a leash on them.”]. unbelievable. there was no decent response kerry could have made to that but he did his best, i guess. [Kerry: “Well, you know, I’ve learned not to do that.”] this demonstrates to me that bush just really doesn’t even care about the public disgrace that is abu ghraib. [blogs report that andrew sullivan picked this one up too.]
  • bush says our enemies attacked us; kerry points out that saddam hussein didn’t attack us, osama did, and osama is still roaming free; bush says, “i know osama bin laden attacked us, of course i know that.” could he have sounded any more fifth grade?
  • kerry’s several attacks on bush’s grasp of reality:

    This president just — I don’t know if he sees what’s really happened on there. But it’s getting worse by the day. More soldiers killed in June than before. More in July than June. More in August than July. More in September than in August. And now we see beheadings. And we got weapons of mass destruction crossing the border every single day, and they’re blowing people up. And we don’t have enough troops there.


    It’s one thing to be certain, but you can be certain and be wrong. It’s another to be certain and be right, or to be certain and be moving in the right direction, or be certain about a principle and then learn new facts and take those new facts and put them to use in order to change and get your policy right. What I worry about with the president is that he’s not acknowledging what’s on the ground, he’s not acknowledging the realities of North Korea, he’s not acknowledging the truth of the science of stem cell research or of global warming and other issues. And certainty sometimes can get you in trouble.

  • Bush’s really lame response to Kerry’s critique of domestic security issues: A sort of confused smirk, and then, “Well, let’s not talk about how he’s going to pay for all that.” Again he sounded … juvenile.
  • In a fourth dimensional, slow-motion favorite, Bush’s insistence on Poland as an important member of the “Coalition of the Willing” [We had Poland; you’re disrespecting Poland; you forgot Poland.], soundly mocked by Jon Stewart @ The Daily Show, has been coming apart ever since. Consider this: On [date], Pres. Kwasniewski of Poland said on March 18, 2004, that

    They deceived us about the weapons of mass destruction, that’s true. We were taken for a ride.

    Who deceived them? Iraq? No… The United Nations? No… Maybe the UN inspectors? No… Hmm, who could it be?

    And today, the AP reports that Polish officials hope to withdraw Polish troops by the end of 2005. An anonymous (of course) White House official apparently didn’t get the memo, though, saying that “Their position remains the same — that their troops would be there as long as it takes.”

selected webliography: debate coverage

  • brad delong on lies bush told
  • allah is in the house wraps up right-wing blogger commentary
  • and in the most self-deluded category: one commentator on a blog (god, i hope i can find it again) said he really truly believed that bush was deliberately underperforming so that kerry would get over-confident, and he (bush) could stick it to kerry in the next debate. wow. completely & utterly self-deluded. wow. i want to comment further but am rendered speechless.