Monday, May 4, 2020

With oral argument by telephone and the Justices subjected to a protocol of asking their questions in order of seniority, the long-silent Justice Thomas asked 2 questions.

Thomas has been on the Court longer than any of the Justices, but the Chief Justice is regarded as first in seniority. That makes Thomas second in seniority, and therefore the second to have the opportunity to speak under this new approach.

I'm reading the report at Fox News, which notes that Thomas had, before this morning, only spoken twice at oral argument since 2006.

Thomas's questions today were about whether Booking.com could trademark "Booking.com": "Could Booking acquire an 800 number that's a vanity number, 1-800-booking for example, that is similar to 1-800-plumbing, which is a registered mark?... I'd like you to compare this to Goodyear.... In Goodyear, you had a generic term, but you also had an added term, such as company or inc, which any company could use. With Booking here there could only be one domain address dot com, so this would seem to be more analogous to the 1-800 numbers which are also individualized."

The new approach is much more polite and orderly. Obviously, the usual approach of Justices breaking in and attempting to dominate would be horrible on a telephone conference call. Maybe this experiment in order will affect how the Justices go forward with their courtroom theatrics if and when the social distancing ends.

Biden ineptly selects Christopher Dodd to help him pick a VP candidate.

It's mind-boggling.

I'm reading "Dodd's Alleged Past Misconduct Shadows Biden's VP Panel" (Real Clear Politics).
Biden has named Dodd to help steer his selection committee for a vice president, raising the question of whether one former senator should answer for his unwanted sexual behavior during [the 1980s] and whether another, the former vice president, made a poor choice in selecting him – especially as past sexual assault allegations now confront Biden in his White House bid....

Dodd... served in Congress for more than three decades. Dodd also had an after-hours reputation. He was considered a playboy at the time, and his less than genteel exploits, helped along by the late Sen. Ted Kennedy, led to an infamous neologism. It’s called “a waitress sandwich.”... The two senators were acting, as was their habit, like “two guys in a fraternity who have been loosed upon the world”....

The alleged assault was unusual, though Dodd and Kennedy, GQ reported, had a habit of wining and dining young dates, making certain “to get their girls very, very drunk.”

There was another infamous moment, this one with a famous movie star. Carrie Fisher had left rehab for the first time and was set up on a date with Dodd. It was 1985 again and Kennedy was there. She was sober and the dinner was almost over when the liberal icon leaned across the table to ask, in Fisher’s telling, “Do you think you’ll be having sex with Chris at the end of your date?”

Recounting the moment in her autobiography, “Shockaholic," Fisher noted that the senator from Connecticut was “looking at me with an unusual grin hanging on his very flushed face.”...

Dodd... ran in the same circles as Harvey Weinstein, the disgraced film producer now serving a 23-year sentence for sexual assault. The two, the senator said in 2012, had been “close friends” for 30 years....

"I am from provincial people, though some were academics and scientists and musicians. There was very little money, some religion..."

"... much education, some unrealized talent, some actualized talent, and a strong sense that the world was simultaneously beautiful and unwelcoming. My strongest memories of childhood are of quiet interior spaces as well as the outdoors, full of mud and bugs and us kids running everywhere. I miss running everywhere. It was flight in both senses."

From a New Yorker interview with the writer Lorrie Moore.

The last question in the interview is about something Moore wrote in the New Yorker last month about finding Trump's voice "reassuring." I blogged about that here. The interviewer, the New Yorker fiction editor Deborah Treisman, informs her that "The response on Twitter was censorious" and asks her if she felt "misunderstood." She says she felt "misread" and, in fact, "Not really read at all."
I only meant to present some self-mocking, cock-eyed optimism.... I was a little rambling and wrote past the assigned word count, so things had to be removed from every paragraph. But the point at the beginning is that, if you are in the next room, feeling mildly deranged, and can’t hear the words, the potus can sometimes sound like Merv Griffin or Mel Tormé: one hears a crooner’s croon. This is not praise. This is noting a sound... Twitter’s feeding frenzies seem a display of people with obscene amounts of time on their hands, yet a disinclination to read in any real way. And it seems possible that this one was triggered by the right to get the left to eat its own....
ADDED: The 7th comment at my blog post about Moore's meditation on Trump's voice — from commenter eric — was "She's about to be cancelled and will soon apologize."

AND: If you write about politics and don't say predictable things in an obvious way, you will be misread and read in a way that's well described as not really read at all. But that makes it even more important to keep writing where you don't belong, in that world that is simultaneously beautiful and unwelcoming.

"... used them beautifully... dumped them nicely..."


I don't know what he's talking about or how that #OPENJOECOLDCASE hashtag is doing. I see the top trending hashtag this morning is DON LEMON, and I know what that is....

Anyway.... "used them beautifully... dumped them nicely" — that's pretty cruel. And what the point of stating something "on the record" and then using quotes — "nuts"?

Ah... here's an article explaining what that "Florida Cold Case" is. From Mediaite:
The “Florida Cold Case” here is the death of Lori Klausutis, the 28-year-old intern found dead in Scarborough’s district office when he was still serving as U.S. Congressman for Florida’s 1st Congressional district. An autopsy concluded that Klausutis’ death happened after heart problems caused her to fall and hit her head on a desk in 2001.

Even though there were no indications of foul play or suicide, the tragedy prompted a number of conspiracy theories....
I've got to say, Trump's tweet this morning is some really trashy trash talk. Psycho... Crazy... "nuts"....

The NYT is so hard up for sports news, that it's got a story about a man running a lot of miles on his treadmill.

The headline tries to jazz it up, but come on, this is just a man on his treadmill: "Run 100 Miles, 100 Times, in 100 Weeks. Now in a Brooklyn Apartment/With ultramarathons across the country canceled, Michael Ortiz has continued his quest to run 100 100-mile races in 100 consecutive weeks — on a treadmill."

Quest! It's a quest! A quest is just "A search or pursuit in order to find something; the action of searching" (OED). What is the something here? If you run 100 miles instead of 10 miles, have you found anything?

"Quest" is also a grand word because in chivalric or Arthurian romance it is "an expedition or search undertaken by a knight or group of knights to obtain some thing or achieve some exploit."
▸ a1470 T. Malory Morte Darthur (Winch. Coll.) 966 They supposed that he was one of the knyghtes of the Rounde Table that was in the queste of the Sankegreall.
Is the logging of 100 miles a hundred times within a 100-day time frame anything like the Holy Grail?

5:44 a.m.

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