Interview/promo on Fox 8 went well this morning, I thought. I'll try to have a viideo (or link) up soon. I'm not sure if Fox 8 will put up the clip. Their website seems obsessed with the strawberry pie segment of the Morning Show which immediately preceded us.
Four Dead In Ohio, 39 Years Later
39 years ago today, the Ohio National Guard shot at protesting students at Kent State University, killing four and wounding nine.
It was in that immediate aftermath when Akron Beacon Journal photographer James Filo snapped this (in)famous Pulitzer Prize-winning photo:
The anguished young woman is Mary Ann Vecchio, who was (at the time) a 14 year old runaway. She is shown kneeling over the body of Kent State student Jeffrey Miller, who was fatally shot moments earlier. Vecchio did not know Miller, although she had befriended two of the other students who were hit by gunfire that day: Sandra Scheuer, who was killed; and Alan Canfora, who was wounded.
Back in 1995, Vecchio spoke at a press conference about the impact of that day on her life:
"I couldn't believe that people would kill people over what they thought, just because he demonstrated against the Vietnam War — that they would shoot you over it. I couldn't believe… There was nothing I could do for Jeffrey or any of the other students. And that's part of history and that'll remain with me for the rest of my life."
Today at Kent State, at the 39th Commemorative Ceremony, Vecchio and Filo reunited for the first time at that spot. (They had met once earllier in 1995, at a colloquiem at Emerson University, but never at Kent State).
Filo, who was a photojournalism major in 1970, is now photography director for CBS in New York. Vecchio is a respiratory therapist in Florida.
Gay Marriage In Maine
The bill passed the Senate last week. Conventional wisdom was that the more conservative House would balk.
But conventional wisdom was wrong. From TPM:
From TPM Reader-Legislator SB …
I'm a state rep from Bangor, Maine, and I'm in the chamber of the state House of Representatives right now as we "debate" LD 1020, Maine's marriage equality bill, which was passed by the senate last week.
I'm struck by how overwhelmingly the balance of representatives today have spoken in favor – on both sides. A Republican representative known for being a staunch conservative gave an exceptional and moving floor speech early on this morning in which he said he realized "this is not about me" and announced his support.
Yes, there's the feeling of being a part of history, and yes, there's the camaraderie of righteousness that comes from being on the right side of a pivotal issue – but the mood here very much feels like this movement is more inevitable than it was even a month ago.
It's a nice feeling.
Steve Butterfield
House district 16, Bangor, ME
And now it's been reported that the House passed the bill. All that's left is the governor's signature (and he's been very quiet about it).
UPDATE: Meanwhile, across the Merrimack….
The Darling Of The Christian Right
…may not be so darling anymore.
“I can assure you they were quite inappropriate, and certainly not photos befitting a beauty queen,” Jacobs, a reporter for NBC’s Las Vegas affiliate, told NBC News.
She's talking about six photos of Miss California USA Carrie Prejean, taken of her as a teenager. They contain partial and total nudity. Here's a description of one picture:
The picture shows Prejean wearing nothing but a pair of revealing pink panties and smiling over her shoulder at the camera. Her breasts are covered by her arm.
The picture was deemed too racy to be shown on the TODAY Show.
But not too racy for this blog (see below).
Prejean responded to the pictures by saying:
"“I am a Christian, and I am a model,” Prejean said in a statement released overnight to the media. “Models pose for pictures, including lingerie and swimwear photos. Recently, photos taken of me as a teenager have been released surreptitiously to a tabloid Web site that openly mocks me for my Christian faith. I am not perfect, and I will never claim to be.”
And that's where I go off the rails.
Not that she's wrong. She's imperfect. We all are.
But it begs the question: why can't she forgive others' imperfections (as she sees them), just as she (rightfully) expects others to forgive hers?
Make no mistake about it. There will now be those on the Christian right who will now condemn Ms. Prejean for the photos. They would be wrong to do so — judge not and all that. And by the same token, Ms. Prejean should be mindful not to condemn others. And that's precisely what her stance on gay marriage does: it condemns others.
When she says, "I think that I believe that a marriage should be between a man and a woman. No offense to anybody out there, but that’s how I was raised", she's condemning a lifestyle by denying it (were she in a position to do so) that same status enjoyed by two straight people in love.
Well, I suppose I could say: "I think that I believe that a marriage should be between a man and a chaste woman. No offense to anybody out there, but that’s how I was raised", as a basis for my belief that Miss Prejean shouldn't be permitted to marry because of those photos.
But it's the Christian in me that prevents me from saying such things.
And The Nominees Are….
These are the Tony nominations announced this morning, with my very tentative picks. The 2009 Tony Awards will be held at Radio City Music Hall June 7. CBS-TV will broadcast the event live.
Best Play
Dividing the Estate
Author: Horton Foote
Producers: Lincoln Center Theater, Bernard Gersten, Andre Bishop, Primary Stages
God of Carnage
Author: Yasmina Reza
Producers: Robert Fox, David Pugh & Dafydd Rogers, Stuart Thompson, Scott Rudin, Jon B. Platt, The Weinstein Company, The Shubert Organization
Reasons to Be Pretty
Author: Neil LaBute
Producers: Jeffrey Richards, Jerry Frankel, MCC Theater, Gary Goddard Entertainment, Ted Snowdon, Doug Nevin/Erica Lynn Schwartz, Ronald Frankel/Bat-Barry Productions, Kathleen Seidel, Kelpie Arts, LLC, Jam Theatricals, Rachel Helson/Heather Provost
33 Variations
Author: Moises Kaufman
Producers: David Binder, Ruth Hendel, Goldberg/Mills, Latitude Link, Arielle Tepper Madover, Bill Resnick, Eric Schnall, Jayne Baron Sherman, Wills/True Love Productions, Tectonic Theater Project, Greg Reiner, Dominick Balletta, Jeffrey LaHoste
Best Musical
Billy Elliot, The Musical
Producers: Universal Pictures Stage Productions, Working Title Films, Old Vic Productions, Weinstein Live Entertainment
Next to Normal
Producers: David Stone, James L. Nederlander, Barbara Whitman, Patrick Catullo, Second Stage Theatre, Carole Rothman, Ellen Richard
Rock of Ages
Producers: Matthew Weaver, Carl Levin, Jeff Davis, Barry Habib, Scott Prisand, Relativity Media, Corner Store Fund, Janet Billig Rich, Hillary Weaver, Toni Habib, Paula Davis, Simon and Stefany Bergson/Jennifer Maloney, Charles Rolecek, Susanne Brook, Israel Wolfson, Sara Katz/Jayson Raitt, Max Gottlieb/John Butler, David Kaufman/Jay Franks, Mike Wittlin, Prospect Pictures, Laura Smith/Bill Bodnar, Happy Walters, Michele Caro, The Araca Group
Shrek The Musical
Producers: Dreamworks Theatricals, Neal Street Productions
Best Book of a Musical
Billy Elliot, The Musical
Lee Hall
Next to Normal
Brian Yorkey
Shrek The Musical
David Lindsay-Abaire
[Title of Show]
Hunter Bell
Best Original Score (Music and/or Lyrics) Written for the Theatre
Billy Elliot, The Musical
Music: Elton John
Lyrics: Lee Hall
Next to Normal
Music: Tom Kitt
Lyrics: Brian Yorkey
9 to 5: The Musical
Music & Lyrics: Dolly Parton
Shrek The Musical
Music: Jeanine Tesori
Lyrics: David Lindsay-Abaire
Best Revival of a Play
Joe Turner's Come and Gone
Producers: Lincoln Center Theater, Andre Bishop, Bernard Gersten
Mary Stuart
New Version: Peter Oswald
Producers: Arielle Tepper Madover, Debra Black, Neal Street Productions/Matthew Byam Shaw, Scott Delman, Barbara Whitman, Jean Doumanian/Ruth Hendel, David Binder/CarlWend Productions/Spring Sirkin, Daryl Roth/James L. Nederlander/Chase Mishkin, The Donmar Warehouse
The Norman Conquests
Producers: Sonia Friedman Productions, Steven Baruch, Marc Routh, Richard Frankel, Tom Viertel, Dede Harris, Tulchin/Bartner/Lauren Doll, Jamie deRoy, Eric Falkenstein, Harriet Newman Leve, Probo Productions, Douglas G. Smith, Michael Filerman/Jennifer Manocherian, Richard Winkler, Dan Frishwasser, Pam Laudenslager/Remmel T. Dickinson, Jane Dubin/True Love Productions, Barbara Manocherian/Jennifer Isaacson, The Old Vic Theatre Company
Waiting for Godot
Producers: Roundabout Theatre Company, Todd Haimes, Harold Wolpert, Julia C. Levy, Elizabeth Ireland McCann
Best Revival of a Musical
Guys and Dolls
Producers: Howard Panter and Ambassador Theatre Group, Tulchin/Bartner, Bill Kenwright, Northwater Entertainment, Darren Bagert, Tom Gregory, Nederlander Presentations, Inc., David Mirvish, Michael Jenkins/Dallas Summer Musicals, Independent Presenters Network, Olympus Theatricals, Sonia Friedman Productions
Hair
Producers: The Public Theater, Oskar Eustis, Andrew D. Hamingson, Jeffrey Richards, Jerry Frankel, Gary Goddard Entertainment, Kathleen K. Johnson, Nederlander Productions, Inc., Fran Kirmser Productions/Jed Bernstein, Marc Frankel, Broadway Across America, Barbara Manocherian/Wencarlar Productions, JK Productions/Terry Schnuck, Andy Sandberg, Jam Theatricals, The Weinstein Company/Norton Herrick, Jujamcyn Theaters, Joey Parnes, Elizabeth Ireland McCann
Pal Joey
Producers: Roundabout Theatre Company, Todd Haimes, Harold Wolpert, Julia C. Levy, Marc Platt
West Side Story
Producers: Kevin McCollum, James L. Nederlander, Jeffrey Seller, Terry Allen Kramer, Sander Jacobs, Roy Furman/Jill Furman Willis, Freddy DeMann, Robyn Goodman/Walt Grossman, Hal Luftig, Roy Miller, The Weinstein Company, Broadway Across America
Best Special Theatrical Event
Liza's at The Palace
Producers: John Scher and Metropolitan Talent Presents, LLC; Jubilee Time Productions, LLC
Slava's Snowshow
Producers: David J. Foster, Jared Geller, Joseph Gordon-Levitt, Judith Marinoff Cohn, John Pinckard
Soul of Shaolin
Producers: Nederlander Worldwide Productions, LLC; Eastern Shanghai International Culture Film & Television Group; China on Broadway
You're Welcome America. A Final Night with George W. Bush
Producer: Jeffrey Richards, Jerry Frankel, Steve Traxler, Home Box Office Inc., Gary Sanchez Productions, Bat-Barry Productions, Ken Davenport, Ergo Entertainment, Ronald Frankel, Jon B. Platt, James D. Stern, The Weinstein Company, Tara Smith/b. Swibel, Dede Harris/Sharon Karmazin, Arny Granat
Best Performance by a Leading Actor in a Play
Jeff Daniels, God of Carnage
Raúl Esparza, Speed-the-Plow
James Gandolfini, God of Carnage
Geoffrey Rush, Exit the King
Thomas Sadoski, Reasons to Be Pretty
Best Performance by a Leading Actress in a Play
Hope Davis, God of Carnage
Jane Fonda, 33 Variations
Marcia Gay Harden, God of Carnage
Janet McTeer, Mary Stuart
Harriet Walter, Mary Stuart
Best Performance by a Leading Actor in a Musical
David Alvarez, Trent Kowalik, and Kiril Kulish ‚ Billy Elliot, The Musical
Gavin Creel, Hair
Brian d'Arcy James, Shrek The Musical
Constantine Maroulis, Rock of Ages
J. Robert Spencer, Next to Normal
Best Performance by a Leading Actress in a Musical
Stockard Channing, Pal Joey
Sutton Foster, Shrek The Musical
Allison Janney, 9 to 5: The Musical
Alice Ripley, Next to Normal
Josefina Scaglione, West Side Story
Best Performance by a Featured Actor in a Play
John Glover, Waiting for Godot
Zach Grenier, 33 Variations
Stephen Mangan, The Norman Conquests
Paul Ritter, The Norman Conquests
Roger Robinson, Joe Turner's Come and Gone
Best Performance by a Featured Actress in a Play
Hallie Foote, Dividing the Estate
Jessica Hynes, The Norman Conquests
Marin Ireland, Reasons to Be Pretty
Angela Lansbury, Blithe Spirit
Amanda Root, The Norman Conquests
Best Performance by a Featured Actor in a Musical
David Bologna, Billy Elliot, The Musical
Gregory Jbara, Billy Elliot, The Musical
Marc Kudisch, 9 to 5: The Musical
Christopher Sieber, Shrek The Musical
Will Swenson, Hair
Best Performance by a Featured Actress in a Musical
Jennifer Damiano, Next to Normal
Haydn Gwynne, Billy Elliot, The Musical
Karen Olivo, West Side Story
Martha Plimpton, Pal Joey
Carole Shelley, Billy Elliot, The Musical
Best Scenic Design of a Play
Dale Ferguson, Exit the King
Rob Howell, The Norman Conquests
Derek McLane, 33 Variations
Michael Yeargan, Joe Turner's Come and Gone
Best Scenic Design of a Musical
Robert Brill, Guys and Dolls
Ian MacNeil, Billy Elliot, The Musical
Scott Pask, Pal Joey
Mark Wendland, Next to Normal
Best Costume Design of a Play
Dale Ferguson, Exit the King
Jane Greenwood, Waiting for Godot
Martin Pakledinaz, Blithe Spirit
Anthony Ward, Mary Stuart
Best Costume Design of a Musical
Gregory Gale, Rock of Ages
Nicky Gillibrand, Billy Elliot, The Musical
Tim Hatley, Shrek The Musical
Michael McDonald, Hair
Best Lighting Design of a Play
David Hersey, Equus
David Lander, 33 Variations
Brian MacDevitt, Joe Turner's Come and Gone
Hugh Vanstone, Mary Stuart
Best Lighting Design of a Musical
Kevin Adams, Hair
Kevin Adams, Next to Normal
Howell Binkley, West Side Story
Rick Fisher, Billy Elliot, The Musical
Best Sound Design of a Play
Paul Arditti, Mary Stuart
Gregory Clarke, Equus
Russell Goldsmith, Exit the King
Scott Lehrer and Leon Rothenberg, Joe Turner's Come and Gone
Best Sound Design of a Musical
Acme Sound Partners, Hair
Paul Arditti, Billy Elliot, The Musical
Peter Hylenski, Rock of Ages
Brian Ronan, Next to Normal
Best Direction of a Play
Phyllida Lloyd, Mary Stuart
Bartlett Sher, Joe Turner's Come and Gone
Matthew Warchus, God of Carnage
Matthew Warchus, The Norman Conquests
Best Direction of a Musical
Stephen Daldry, Billy Elliot, The Musical
Michael Greif, Next to Normal
Kristin Hanggi, Rock of Ages
Diane Paulus, Hair
Best Choreography
Karole Armitage, Hair
Andy Blankenbuehler, 9 to 5: The Musical
Peter Darling, Billy Elliot, The Musical
Randy Skinner, Irving Berlin's White Christmas
Best Orchestrations
Larry Blank, Irving Berlin's White Christmas
Martin Koch, Billy Elliot, The Musical
Michael Starobin and Tom Kitt, Next to Normal
Danny Troob and John Clancy, Shrek The Musical
* * *
Special Tony Award for Lifetime Achievement in the Theatre
Jerry Herman
Regional Theatre Tony Award
Signature Theatre, Arlington, Va.
Isabelle Stevenson Award
Phyllis Newman
Tony Honor for Excellence in the Theatre
Shirley Herz
* * *
Tony Nominations by Production
Billy Elliot, The Musical – 15
Next to Normal – 11
Hair – 8
Shrek The Musical – 8
Mary Stuart – 7
The Norman Conquests – 7
God of Carnage – 6
Joe Turner's Come and Gone – 6
Rock of Ages – 5
33 Variations – 5
Exit the King – 4
9 to 5: The Musical – 4
Pal Joey – 4
West Side Story – 4
Reasons to Be Pretty – 3
Waiting for Godot – 3
Blithe Spirit – 2
Dividing the Estate – 2
Equus – 2
Guys and Dolls – 2
Irving Berlin's White Christmas – 2
Liza's at The Palace – 1
Slava's Snowshow – 1
Soul of Shaolin – 1
Speed-the-Plow – 1
[Title of Show] – 1
You're Welcome America. A Final Night with George W. Bush – 1
Earthquake in Cali
About half an hour ago.
The weird thing is how I found out.
From Twitter.
As soon as it happened, thousands of people in LA started tweeting, and their tweets (naturally) included the word "earthquake". That showed up (suddenly) as the most tweeted word on Twitter.
I happened to be on Twitter when that happened; I went to the TV news — nothing. News sites on the web — nothing.
Strange world we live in, when I can read accounts of what happened instantaneously from thousands of eyewitnesses, circumventing mass media altogether.
One wonders what role Twitter would have played on 9/11.
Are the days of CNN and MSNBC numbered?
Basketball Jones
From the White House blog, when Obama met with the women's college champions, the UCONN Huskies:
An Open Letter To The President
Dear President Obama,
I understand that there may be a position opening on the Supreme Court.
Just to let you know, I'm a lawyer. I know that's not a prerequisite, but I think it helps.
And I'm a liberal, but dogmatically so.
I can sit on a bench all day if that is what the job requires, although I hope it is not a real bench, because I have this lumbar support thing I would prefer to use.
Furthermore, I look good in black, especially a black robe, which is very thinning I'm told. I have my own gavel (somewhere — maybe in a storage bin in the basement?), so you won't have to buy me one.
As for Senate confirmation, I don't have any skeletons in my closet. Just a lot of T-shirts with funny sayings on them. I'm relatively young for a Supreme Court justice, but not young enough to be inexperienced, and I think I can "run rings" around some of those folks on the Senate panel.
And I really do write better than this blog would suggest. I understand that my legal opinions won't be in HTML or have graphics floating to the right or left.
Also, Souter was from New Hampshire; I'm from New Hampshire. So, you know, if there's a geopolitical angle to your nominee choice, I hope you will take that into account.
References and resume available on request. Headshot, too, if you think that is important.
Thank you in advance for your consideration.
Yours, etc.
Ken
The China Disabled Persons Performing Arts Troupe
Don't kid yourself; these folks got game:
From their website:
China Disabled People's Performing Art Troupe was founded in 1987. With the support and cares of the whole society, the Performing Troupe bears the dreams of people with disabilities and creates a special art which delights audiences, purifies the soul with Truth, Honesty and Virtue, encourage people by strong will, and delivers friendship with sincerity. Having sought and studied for 20 years, the Performing Troupe has begun to bringing forth new ideas independently, produced classics of special art, travelled to more than 40 countries in Asia, Europe, America , Africa and Oceania . It flies its own unique banner in a colourful world and they are referred to as “ Messenger of Beauty and Humanity” by the international community and as “A Special Art Star of Mankind and Image Ambassadors for 600 Million People with Disabilities in the World” by the Disabled People's International 6 th World Assembly.
Great Moments In Punditry: Swine Flu Edition
Because of the peril of swine flu, Joe Biden said yesterday, he would urge his family to stay out of "confined places" like airplanes and subways here in the United States.
Yet, the Obama administration will not consider closing the United States to airplanes and buses coming in from the epicenter of the epidemic, Mexico City.
Does this contradiction make sense?
Pat, you get swine flu from exposure to the virus, not from Mexicans. The virus is already here.
Closing the borders would be like installing Norton Utilities after your computer has been infected and spread the Trojan Horse to other computers. Or running off to Target to buy a fire extinguisher when the entire first floor of your house is ablaze. In other words, that horse has already left the barn.
This is a very infectious strain. And symptoms show up long after infection. So you're not going to prevent it from coming. It's here. The thing to do now is take precautions to prevent its spread.
On the other side of the coin, you will be doing harm to the economy of both countries by closing the border.
But thanks for sharing your xenophobia.
Tipping Point?
For the first time ever, more Americans say they support gay marriage (49%) than oppose it (46%), according to the latest Washington Post/ABC poll.
That 49% supporting gay marriage, in fact, is a significant jump from 2004, when the Post/ABC poll found just 32% in favor.
This surge within the past month suggests that any backlash against the recent moves across the country to legalize gay marriage has yet to emerge.
Also in the new survey, a majority of Americans (53%) believe that their state should recognize gay marriages from other states.
Other recent polls have shown a similar increase in support for gay unions nationwide. The New York Times/CBS News poll released this week showed 42% of Americans supporting gay marriage — the highest number ever recorded in that poll. This week's Quinnipiac poll, which found a majority (55%) against gay marriage, also showed 57% of Americans support civil unions.
This isn't surprising. Iowa and Vermont now permit gay marriages, and people have seen that the sky hasn't fallen.
UPDATE: Flashback — waaaay back to less than two months ago — when the editors of the conservative National Review explained their opposition to gay marriage:
One of the great coups of the movement for same-sex marriage has been to plant the premise that it represents the inevitable future. This sense has inhibited even some who know perfectly well that marriage is by nature the union of a man and a woman. They fear that throwing themselves into the cause of opposing it is futile — worse, that it will call down the judgment of history that they were bigots.
Contrary to common perception, however, the public is not becoming markedly more favorable toward same-sex marriage.
Way to prognosticate, guys.
Ryan Sager comments:
You’re seeing panic on the part of the anti-gay-marriage forces because they realize this storm is coming. There have been a few factors at play:
* The slow and constant replacement of the old by the young
* The introduction of the idea of gay marriage as a concept in public debate (a huge hurdle at the beginning was how alien the entire concept was)
* The introduction to actual gay couples as marriages and civil unions happened and the world didn’t end
Add to this a growing sense that there’s a bandwagon forming… well, I don’t think there’s any way to quantitatively predict such things. And there are obviously a lot of people who will remain opposed out of a combination of religious belief and homophobia.
But I think the anti-marriage folks are right: A storm IS coming.
Now that it’s here (or at least very close), perhaps the most effective thing advocates of gay marriage can do is: declare victory.
Economic Difficulties For Clear Channel
CNBC:
Clear Channel, the nation’s largest radio station operator and an outdoor billboard company, last year became the biggest leveraged buyout ever in the media business, after it was taken private by Thomas H. Lee Partners and Bain Capital.
Now its revenues are plunging and so is its cash flow, making it harder to meet the payments on the billions in debt accumulated in the process of buying out its public investors. If it violates some of its loan agreements, those interest payments rise sharply.
Scott Sperling, a president of Thomas H. Lee Partners, offered reassuring words about the company’s future in an interview on CNBC in mid-April.
“We do not have any expectation of an imminent blowup,” he said, adding that the company still had “a lot of levers it can pull to continue to generate reasonable cash flow.”
But days later, Clear Channel announced that revenue plummeted 23 percent in the first quarter and cash flow fell by 47 percent.
On Wednesday, the company announced it was laying off 590 employees after cutting 1,850 employees in January, for an overall staff reduction of 12 percent since the acquisition.
Bishop Cheen, who follows corporate bonds for Wachovia, wrote recently that Clear Channel was on track to become the biggest default among media companies and therefore the biggest workout ever in the industry.
Why should you care?
Because Clear Channel is media giant that brings Rush Limbaugh, Sean Hannity, Glenn Beck and Dr Laura to your AM radio dial.
Such a shame. Couldn't happen to a nicer multi-billion dollar media conglomerate.
Who Would Jesus Torture?
The more often Americans go to church, the more likely they are to support the torture of suspected terrorists, according to a new survey.
***
White evangelical Protestants were the religious group most likely to say torture is often or sometimes justified — more than six in 10 supported it. People unaffiliated with any religious organization were least likely to back it. Only four in 10 of them did.
And evangelicals wonder why America is turning away from religion….
Of course, the correlation isn’t between religion and pro-torture. It’s between conservatives-and-religion, and conservatives-and-torture. Conservatives tend to go to church more and conservatives support torture more. That accounts for the survey results.
That said, I personally believe that if you claim to be religious AND you support torture, you lose the moral high ground to use your religion as the basis to advocate anything — be it opposition to same-sex marriage, opposition to abortion, etc.
Adam Serwer of The American Prospect laments:
I feel like I should be making some smart remark about how Jesus was tortured, but I’m really too horrified. Of course, that won’t stop me from pointing out the obvious: there is a large number of people committed to preventing consenting adults from having sex or getting married because of their sexual orientation who nevertheless think it’s okay to beat or waterboard people and shove them in tiny boxes.
Glenn Greenwald points out just how far to the right we have moved since Reagan who said this about torture:
The United States participated actively and effectively in the negotiation of the Convention. It marks a significant step in the development during this century of international measures against torture and other inhuman treatment or punishment. Ratification of the Convention by the United States will clearly express United States opposition to torture, an abhorrent practice unfortunately still prevalent in the world today.
The core provisions of the Convention establish a regime for international cooperation in the criminal prosecution of torturers relying on so-called “universal jurisdiction.” Each State Party is required either to prosecute torturers who are found in its territory or to extradite them to other countries for prosecution.
And Now The Madness Begins
Souter is planning to retire at the end of this term.
Which means we're in for months and months of maddening news cycles about who Obama will nominate, will the Senate Republicans block, "up or down" votes, etc etc etc.
UPDATE: Professor Orin Kerr has already provided the talking points for both sides:
Republicans first:
The Supreme Court is losing a Republican nominee who has often been a swing vote. He has been a one-case-at-a-time jurist in the tradition of Justice Harlan. We need to be very careful about shifting the Court too far to the left, turning back the clock to the 1960s. Balance is essential, and Obama should nominate someone who was essentially a centrist like Justice Souter.
Democrats next:
President Bush stocked the Supreme Court with extreme conservatives like John Roberts and Samuel Alito. The Supreme Court hasn't had a a real progressive in decades, and it is time to have just one to balance out the Four Hoursemen of Scalia, Thomas, Roberts and Alito. Besides, Justice Souter has been a reliable liberal vote, and another liberal vote won't actually change the outcome of any cases. Balance is essential, so Obama should nominate some who will balance out the court's conservatives.
I fully acknowledge that Souter's replacement is big news. Any change in the court's makeup is big news. But big news <> "media circus", which is what this will inevitably be.
Souter is comparatively young (he's 69) and in good health. So this comes somewhat as a surprise to many, although he's long made it known that he misses New Hampshire and doesn't like D.C.
Souter himself was appointed by Bush I to replace the very liberal Brennan. Bush was assured by John Sununu that Souter would be conservative; Souter quickly became a huge disappointment to the GOP. He is rightfully defined as one of the "liberals" on the bench.
Still, his replacement will be important. When 2016 rolls around, the makeup of the Supremes will be:
Stevens 96
Scalia 84
Ginsberg 83
Kennedy 80
Breyer 78
Thomas 68
Alito 66
Roberts 61
[Souter replacement]
You've got 3 comparatively young conservative justices at the bottom of that list, so there's going to be a strong conservative influence on that bench for a couple of decades.
Furthormore, I doubt Stevens will last until 2016. Ginsberg is sure to leave as well. Both lean liberal.
So Obama may be appointing three justices. In the end, it probably won't change the make-up of the Supreme Court that much; it would more likely reserve that status quo. Still, elections do matter, because McCain would tip the scales of the court to the right.
This is a very bad development for the GOP; and quite a good one for the Democrats. Republicans had to hope this opportunity would come at a moment when Obama wasn't quite as popular as he is at this moment. The recent Spector defection doesn't help the GOP much, as Spector was always likely to approve a moderate-to-liberal nominee, but now he can do so without repercussions from his party.
So now the game begins: who will/should replace Souter?
I, for one, always thought Hillary would be great for the job (and my God, she's been vetted enough). Actually, so would Bill.
But of the serious names being floated (already!), I'm partial to Sonia Sotomayor (I argued before her once), and Cass Sunstein. Diana Wood and current solicitor general Elena Kagen would be good choices as well.
Then again, a bomb-throwing, passionate, visionary, liberal Scalia would be cool, if Obama can find one.