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Tuesday Talk

Posted by Michelle Moquin on July 3rd, 2012

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Good morning!

Just a follow-up from what “From the desk of…” posted yesterday.

Did the Conservative Justices Make ‘The Mistake’ on Purpose?

On the very first night of coverage of the Supreme Court’s decision on the Affordable Care Act, we pointed out “The Mistake” by the dissent on The Young Turks. They accidentally left at least 15 references to the “dissent” in the case when referring to Justice Ginsburg’s concurringopinion. This indicated that Justice Roberts switched late in the process so that Justice Ginsburg’s opinion changed from the dissent to the concurring opinion when she became part of the winning side of the argument.

Since then, this has gotten a lot of coverage and CBS News seems to have confirmed the switch. But what hasn’t gotten a lot of coverage is what Salon writer and constitutional law professor Paul Campos also said that first night — the conservative justices might have left the mistake in the opinion on purpose to send a message that they were stabbed in the back. Watch here:

Having gone to law school, I know that you don’t even make that kind of mistake in a law review article. Let alone repeatedly. Let alone on the Supreme Court. Let alone on the most watched case in a long time. That’s not an accident.

CBS is reporting that Chief Justice Roberts made the switch about a month ago. The army of law clerks at the Supreme Court didn’t catch that error in a month of editing and reviewing? And that mistake wasn’t made once, it was made 15 times.

The justices can’t speak about what happens in their deliberations, but leaving an error like that in the dissenting opinion speaks volumes. It is meant to tip off conservatives — this guy screwed us and jumped ship.

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Readers: Thoughts? blog me.

Dawn: “Teapublicans”. I like it.

Peace out.

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21 Responses to “Tuesday Talk”

  1. Zen Lill Says:

    Lucy, thank you for pointing out the obvious to Roland and Nate, the 2 biology flunkies who clearly would push a woman under a bus for ‘not hatching her egg’ – maybe you two knuckleheads can go see Dr Suess’s Horton/Whoville movie and go lay an egg together : )

    Health info: by the time people get to a ‘marriage counselor’ it’s usually a moot point, which is why a woman would benefit more, bc if she chooses to stay she needs help keeping her sanity (translation: gain communication skills, maybe that should be renamed: speak up for yourself more?) .
    Try to remember that we are not that far above acting like chimps and most communication is happening on another level altogether, the unconsciously programmed one, (if want to shift that, you can to a great degree…) and the instinctual one (it’s not an out for explaining bad behavior, it’s biology, I could elaborate on this but I won’t right now).
    Google the Johari model for a glimpse of what’s really going on in the unconscious soup, notice the ‘secret’ self – and yes, sometimes, most of the time, it’s even hidden from you (thus the word: secret) and that is likely why brain research can only go so far, the psyche is a deep/shallow, dark/light place. It’s tough to pattern or accurately predict anyone’s behavior based on that. It’s no wonder counseling and personality testing is so popular, peeps feel like they get a clue into their own uniqueness…

    Anonz, is that really you, back and speaking on the subject of love? If so, you were missed, and your desk…well, it provides interesting information, but it’s the writer we’re all interested in, I’m very excited that you’re safe and sound.

    I’ve been doing the blog back ass-wards lately, reading comments and commenting on that and then going back and reading posts (or the videos embedded) today is that last day of that, I’ll get caught up right now…

    /SB, I’m glad Cooper did his announcement the way he did, and while I do think it was a pre-emptive maneuver on his part, it did not steal his thunder in my opinion. There’s a classy way to do things and a not so classy way to do things, when you’re under the gun is when you show which one you are, he came out in the classy department as far as I’m concerned.

    Luv, Zen Lill

    Zen Lill Says:
    July 3rd, 2012 at 7:11 am
    ahhh, and before anyone goes off half-cocked about me saying ‘speak up for yourself more’ I meant it in the kindest of ways, I know many a female pal who readily admits (after the fact) that she could’ve and should’ve been more verbal about her wants/needs. & if you’re going to start today, may I suggest keeping it brief, and no hinting, just say it (preferably) politely, if you’re not already underwater it’s helpful, and yes, males I’m talking to you, too, make your requests reasonable (and not too many: honey, can you pick this at his place and drop off my that at that place, wtf…NO is exactly how you’d respond to too much of that) and ask politely, we’re not your slaves, contrary to your chimpy beliefs : ) – ZL

  2. Larry Says:

    Delighted to hear your side of the debate Zen Lill. The advice to us males was fair and balanced.

    I haven’t Googled the Johari model, yet but I will check it out.

    Looking forward to catching you when I get to LA. Perhaps we can discuss some of the interesting comments you have made here.

    Larry

    Larry

  3. Human Events Says:

    I may still be powerless, but that doesn’t mean I am powerless to provide you the news. Let’s start off with one of the most sickening and disgusting things you will watch. Below is a video of a typical MSNBC talking head with an embarrassing understanding of America. Sadly, there are tons of these folks, and many of them are in government. They must be voted out in November.

    Toure: Government Must Demand People Accept Change They’re Not Ready For

    From the staff today –

    • Protestors Gather at White House to call for Holder to Resign — “The group of about 40 young people showed up in the 90 degree Washington heat with signs that criticized and mocked Holder, the Justice Department and the Obama administration. A few demonstrators were carrying American flags and one had a Gadsden, ‘Don’t Tread on Me’ flag, but most carried home-made signs.” Read more below.
    • Eighty Ferraris, Technocrats. Soccer and the World Economy — Newt’s been traveling recently, and has offered his insight on some of the world’s most interesting economies. It’s a very interesting read below.
    • And finally, Erick’s calling Mitch McConnell to task, to make sure he and a hypothetically Republican-controlled Senate repeal Obamacare in 2013.

    Your Taxpayer Dollars at Work: What One Congressional Office Does While the Economy Still Stinks

    That and a lot more, less depressing, links below.

    I’ll leave you on a good note. A touching video from former President George W. Bush and First Lady Laura’s journey to Zambia.

    Onward and upward,

    -Adam

  4. Zen Lill Says:

    Larry, here’s the quick version, and this cute kid explains it short and sweet in this youtube vid.
    http://www.youtube.com/watch?v=QLtPNQ3RlrE&feature=related
    - ZL

  5. Social Butterfly Says:

    Donald

    You don’t know what you are talking about. Coming out is never easy, and the pressures on those in the public eye are even greater.

    Unless you are gay, you could not possibly understand the inner turmoil one goes through when “coming out.” That’s why most people stay in the closet. That’s why I stayed for much too long.

    I applaud Anderson Cooper for sharing something that really is nobody’s business. And I hope his coming out helps others break free too.

    /SB

  6. Donald Says:

    I’m gay /SB and yes coming out is difficult . But if you are so naive to believe that it is equally as difficult for everyone then you need a reality check.

    It is not nearly as difficult for one in the position of Andy to come out as it is for most gays. He was, to put it frankly, a fucking coward for waiting until he was literally forced out, and for attempting to benefit ratings wise by it.

    It was known for years that he was gay. But he waited until he could use his coming out for his own personal advantage as opposed to doing it to show others in less fortunate situations that they have role models to look up to.

    Many gays suffering horribly could have used the fact that someone of Andy’s statute was standing proud to be gay.

    This self serving super rich asshole has always been insulated from the flack ordinary gay people go through.

    What I hear from you is fan worship. If you weren’t in that mold you would know that NOTHING you went through applies to that creep.

    He could have been a role model that could have saved the sanity if not lives of thousand of young and old people struggling with the decision to brave the reactions of those around them and come out.

    But, that self serving queen waited until he could use the sympathy factor for himself and garner some increased ratings before he came out.

    I wouldn’t watch his show anymore if his life depended on it. You usually are dead on with your comments, so I will give you a pass on this one.

    I’ll chalk it up to idol glare. You definitely missed the true issue on this one.

    Donald

  7. Karen Says:

    Lately I have been loving your advice Zen Lill. You have definitely matured as a senior contributor to this blog.

    Now if we could only get more input from Anonz, Howie, Ruth and Alycedale.

    Oh, and that sweetheart Al. I’ve always had a soft crush on him. My husband says Al is not a real guy. I think you are Al.

    I don’t for a moment believe that you are made up by Doug.

    Karen

  8. Social Butterfly Says:

    Donald

    I agree, I’m a fan of his. He’s handsome too.
    But as to the rest, it’s your opinion. I don’t believe he waited for “the sympathy factor.”
    My opinion is mine, which I stand behind.

    /SB

  9. Health Info Says:

    7 Foods That Make You Smarter

    We all know that we need to eat right to keep our minds sharp. But some foods really pack a punch when it comes to memory, learning and other cognitive abilities.

    Here, one of America’s top brain specialists reveals the seven super brain boosters…

    1. Coconut water. It’s high in potassium, a mineral that is critical for brain health. Potassium causes nerve cells to “fire” at the right speed.

    People who don’t get enough potassium tend to have a slower rate of brain activity and may experience confusion and slower reaction times.

    Potassium is particularly important if you eat a lot of salt.

    The body needs to maintain a proper sodium-potassium balance. You should consume roughly twice as much potassium as sodium.

    A medium-sized banana has more potassium (about 450 mg) than coconut water (about 250 mg per eight-ounce serving), but bananas also are higher on the glycemic index, a measure of how quickly the food is converted into glucose.

    The brain works more efficiently when sugars enter the bloodstream gradually rather than “spiking.” Coconut water achieves this more readily than bananas.

    Recommended:
    About one cup of coconut water daily. It has a light taste and is low in calories. If you want, you can add it to smoothies or mix it with milk and pour it over breakfast cereals.

    2. Blueberries. Sure, blueberries are good for you, but you may not realize just how super rich in inflammation-fighting antioxidants they are.

    Their oxygen radical absorbance capacity (ORAC, a measure of a food’s antioxidant ability) is 2,400, compared with 670 for cherries and 483 for pink grapefruit.

    Studies at Tufts University showed that animals that had blueberries added to their diet performed better on cognitive tests than those given a standard diet.

    also had increased cell growth in the hippocampus, the part of the brain associated with memory.

    Recommended:
    One-half cup daily. If you don’t like blueberries, opt for strawberries or acai berries (a purple, slightly tart berry available in many health-food stores).

    Or try Concord grape juice. Researchers from the University of Cincinnati tested Concord grape juice versus a placebo beverage on 21 volunteers, average age 76, suffering from mild cognitive impairment.

    After 16 weeks, those in the grape-juice group scored better on tests of memory than those drinking the placebo. Also, MRI testing showed greater activation in key parts of the brain, suggesting increased blood flow.

    3. Sardines. Salmon often is touted as a healthy fish that is high in omega-3 fatty acids, fats that protect the brain as well as the heart and arteries.

    Sardines are even better. They also contain generous amounts of omega-3s, but because of their small size, they accumulate lower levels of mercury and other toxins than larger fish.

    The membranes that surround brain cells require omega-3s for the efficient transmission of signals.

    A Danish study that looked at the diets of more than 5,000 adults found that those who ate the most fish were more likely to maintain their memory than those who ate the least.

    Other research has shown that people who eat fish as little as once a week can lower their risk for dementia.

    Recommended:
    At least two to three servings of fish a week. If you prefer salmon to sardines, be sure to buy wild salmon. It contains more omega-3s than farm-raised fish.

    Also helpful: Avocados. They’re among the best plant sources of omega-3s.

    4. Walnuts. All nuts are good for the brain (as long as they’re not roasted in oil and covered with salt). Like fish, nuts are rich in omega-3 fatty acids.

    They’re also loaded with vitamin E, which, in some studies, has been shown to slow the progression of Alzheimer’s disease.

    In addition, nuts reduce LDL “bad”cholesterol (important for preventing stroke).

    Walnuts are particularly good because they have very high levels of omega-3s. Macadamia nuts are another good choice.

    Bonus:
    The Adventist Health Study, conducted by researchers at Loma Linda University, found that people who ate nuts five or more times a week were about half as likely to have a heart attack as those who rarely ate nuts.

    Recommended:
    About one-quarter cup daily. Nuts are higher in calories than most plant foods, so you don’t want to eat too many.

    5. Sweet potatoes. They are another low-glycemic food that causes only small fluctuations in blood sugar. This can help you maintain energy and concentration throughout the day.

    We routinely advise patients to eat sweet potatoes because they satisfy a craving for carbohydrates, and they’re also high in beta-carotene and other important antioxidants that keep the brain sharp.

    One sweet potato (when you eat the skin) provides more fiber than a bowl of oatmeal. Dietary fiber lowers cholesterol and improves brain circulation.

    Recommended:
    Eat sweet potatoes two to three times a week. If you don’t like sweet potatoes, eat yellow squash or spaghetti squash.

    6. Green tea. It contains the potent antioxidant epigallocatechin gallate that protects brain cells from free radicals caused by air pollution, toxins, a high-fat diet, etc.

    Green tea also contains compounds that increase levels of dopamine in the brain. Dopamine is a neurotransmitter that stimulates the brain’s reward and pleasure centers and makes you more motivated to make positive lifestyle choices.

    Bonus:
    A double-blind study that looked at patients with mild cognitive impairment found that an amino acid in green tea, L-theanine, improved concentration and energy and reduced anxiety.

    Recommended:
    Two cups daily.

    7. Turmeric. The bright yellow color indicates high levels of antioxidants. People who use this spice several times a week have significant reductions in C-reactive protein, a substance that indicates inflammation in the brain and/or other tissues.

    A study that looked at more than 1,000 elderly people found that those who ate curry—which includes generous amounts of turmeric—regularly did better on mental-status evaluations than those who rarely or never ate it.

    All spices with bright, deep colors are high in neuroprotective antioxidants. Examples: Both ginger and cinnamon appear to have brain-protective properties similar to those of turmeric. And sage improves memory.

    Recommended:
    Add one-quarter teaspoon to one-half teaspoon of any of these spices to your food every day.

    Sources: Daniel G. Amen, MD, and Tana Amen, BSN. Dr. Amen is medical director of Amen Clinics, Inc.

    He is a clinical neuroscientist, psychiatrist, brain-imaging specialist and author of Use Your Brain to Change Your Age (Crown).

    His wife, Tana Amen, is a nutritional expert and neurological intensive care nurse. http://www.AmenClinics.com

  10. Nash Says:

    I think you are both right about Anderson. Guess it’s good that the remaining 2 people in the country who didn’t already know – now know.

  11. Jon Says:

    I agree with you Donald. Everybody knew already and his ratings are already next to nothing. The “coming out” was most likely nothing but a desperate effort to attract a few gawkers.

  12. GN Says:

    Anderson, Dude, you’re Gay now. Good for you. Who cares, really. It’s no surprise to your longtime viewers like myself, and if riding this boat brings you better ratings, then it’s a popular ride.

  13. NR Says:

    I honestly feel as Anderson Cooper does, its none of our business. This man is one of the greatest reporters, of our times.

    There is never a time when I have to shout at my tv, when Anderson is on. He is a very talanted, but more than that, he is the one Televison personality. I really don’t care whether he is gay or not.

    I respect him as a person and as an television anchor, I appreciate his honesty. I also know this is a man of integraty and honour. Those are the reasons I watch his show.

    Anderson, leads on stories, and bring them to light. His documentry on Rowanda, highlighted one of the worst form human ethnic cleansing of our modern times. Only Anderson brought that to light, while the rest of the world slept.

    I really feel its no ones business if he is gay, but i love him even more for coming out. And in true Anderson style.

    He will able to help others who may have wanted to come out, Anderson risk alot on coming out, yet he did it, knowing that others will feel if Anderson can out, then so can they.

    Love Anderson You had my heart from day one. And never leave television, you make our day.

  14. CM Says:

    Stick to your opinion Social Butterfly. Shame on you Donald. Talk about a double edged sword…if you don’t come out it’s because your ashamed…if you do come out you’re jumping on the band wagon.

    I love Anderson Cooper and I respect the man. Sad that he felt his hand was forced regarding this issue, he is ABSOLUTELY RIGHT it’s not the public’s business and those who knew are the ones he felt should know.

    But, to avoid my hand ever being forced I too am coming out: I am a heterosexual woman…oh and I am also left handed! Yeah yeah yeah I’m a left handed individual living in a right handed world…DEAL WITH IT!!!!

  15. Zen Lill Says:

    ….I’m outta here in a few…it’s a eve of a holiday here in the US. Enjoy your 4th of J day if I don’t stop by.

    Just wanted to share this TED talk in case you haven’t seen it…when someone showed it to me, I was asked, ‘wouldn’t it be amazing to have a virtual connection with the rest of the world like that??’ – I didn’t mention this place, motsly I was recovering from being asked the question bc I do have that, right here.
    I just thought that while you watch if you’ll think of this place and everyone here the way I did while watching, bc in that moment not only was I struck by the beauty of Whitacre’s work (and his own, he is fine) but the beauty that is right here, everyday, in our shared written words.
    http://www.ted.com/talks/eric_whitacre_a_virtual_choir_2_000_voices_strong.html

    …and thanks and cheers to you, Mischa, for creating a written collective in a similar manner as Whitacre, yours is even more of a marvel, bc it is everyday for 4+ years now…wow…you should be a TED speaker!

    Luv, ZL

  16. Pm Says:

    I live in New Yok City and attend the same gym as Mr. Cooper (Equinox Fitness, Columbus Circle).

    I do not know him personally but I assure the author of this article that he has not hid in the closet.

    He openly attends social events with his partner here in NY that is also attended by media and socialites, and has never “hid” his sexuality.

    All of his colleagues at CNN always knew he was gay and just because he never looked into the camera on CNN and announced it, in no way means he was in the closet.

    By the way, the same holds true for Robin Roberts, and Sam Champion who also live their lives totally out of the closet here in New York.

    For some reason, when they show up to social events with their partners in full view of everyone, you guys and gals in the media choose not to report it.

    That is not their fault, but yours. They aren’t hiding anything.

  17. Zen Lill Says:

    & thanks, Karen, I rarely think of myself as mature : ) and just rest assured, Al is a very real person. – ZL

  18. George, WN Says:

    I want to come out and let the world know that I’m heterosexual and have been all my life. I love pussy and chase it at every opportunity.

    This is something I have known for some time and thought that it was time to share this revelation.

  19. FB Says:

    Very funny George,WN. Nobody needs to come out as straight because everyone already assumes you are straight when they meet you.

    Nobody is bullied in school for being straight and straight people aren’t banned from marrying the person they love or banned from adopting or executed (as they are in some countries) for it.

    If you don’t care don’t comment. If you do comment you do care, and if you’re attitude is “who cares” it’s probably because it makes you feel uncomfortable.

  20. Vicky Says:

    I liked it Geroge, WN. Fuck ‘em if they can’t take a joke. Anderson probably only came out because he was going to be “outted.”

    He must have a boyfriend now so he’s going to go public with his “surprise, I’m out” rhetoric. And just who is surprised?

    Unless he get caught pounding clay in a public restroom he’s got a job, even if no one watches. As other’s pointed out, he does come from a very public family with wealth but don’t know if he’ll see any of it.

    Now that we’ve got black, gay, latino, Muslim and so many more TV channels, can we have a white straight one. For you lefties, Fox isn’t all white and straight.

  21. Health Info Says:

    Mistakes in Your Medical Records

    My doctor recently asked me about a medication I was taking. Trouble was, I wasn’t taking it and had never been prescribed it. It was a mistake in my medical records.

    I was lucky to find out. Medical errors that remain in our files can cause health insurance companies to reject our applications for coverage or, worse, cause doctors to make inappropriate diagnoses that could endanger our health.

    Deborah Peel, MD, a practicing physician for more than 30 years and founder of Patient Privacy Rights, a health information privacy watchdog organization, says that mistakes in medical records are distressingly common.

    The frightening truth, according to Dr. Peel, is that “you have to check your records yourself—your life could depend on it.” Health-care providers are required to give you copies of your medical records upon request.

    Patients historically have had to pay a per-page fee for retrieval and copying of their records, but the digitalization of medical records means that retrieving records now is easy and copying is unnecessary. Ask to have a digital copy of your files e-mailed to you, rather than a printed copy mailed to you. If you have many files, start with the most recent.

    When you get your records, scan them for mistakes. If you find anything that you don’t understand, call the health-care provider’s office and ask for assistance. If you find a mistake, ask the provider to amend the inaccurate information.

    It’s worth having a copy of your records even if you don’t spot mistakes. You can give them to doctors when you seek second opinions or see a specialist for the first time.

    Source: Deborah Peel, MD, practicing physician based in Austin, Texas, and founder of Patient Privacy Rights. http://PatientPrivacyRights.org