Two-Wheeled Menaces

I know from my survey of the Internets that many local bloggers think Cincinnati needs to become a more bicycle-friendly city.  That's probably true (perhaps we could start by flattening the landscape--who really wants to bike from downtown up to Clifton, Mt. Adams, or Price Hill?).

But a few words of wisdom for bicyclists:  just because you're not in a car doesn't mean you can ignore all traffic laws.  You know those traffic lights in the middle of intersections?  When they're red, you're supposed to stop.  I nearly had to scrape one of you off my bumper earlier this evening when you didn't stop for the light, and I (naively) thought I could proceed through the intersection with my pretty, green light.

And you know those hand signals we learned when we were kids?  The ones for left and right turns?  Try using them.  Those of us in our four-wheeled vehicles might have a clue as to what the hell you're doing.

I Like Pizza! I Like It!

Remember Multiplicity?  That pretty awful Michael Keaton movie where Keaton's character clones himself?  And then one of the clones clones himself?  Explaining the erratic behavior of the clone of the clone, one of the clones says,

"You know how when you make a copy of a copy, it's not as shap as, well, the original."

I'm pretty sure that explains the Republican nominee for Vice President.  You see, George W. Bush has always fancied himself a copy of Ronald Reagan (he's not, but that's a whole separate discussion).  And Sarah Palin is a clone of George 43.  She's trying to emulate the populist aura he exuded during the 2000 election.  She's trying to support his concept of a nearly unrestrained executive (that's why she appeared to agree with Cheney when Ifill asked her whether Palin felt, as does Cheney, that the VP is "outside the executive branch").  And, of course, she decided that Dubya really has been correctly pronouncing the word "nuclear" all these years.

But Bush isn't as sharp as Reagan, and Palin isn't as sharp as Bush.

I always knew that when the torch is passed to my generation (I was born in 1974), we'd have politicians winking into the camera, as if it's a person with whom the candidate is having a conversation.  After all, we grew up watching things like Ferris Beuller's Day Off and Saved by the Bell, where TV characters threw off convention and regularly made asides to the camera.  But Palin's about ten years too old to have been influenced by that, and winking into the camera just looked weird.

That having been said:  I think Palin did pretty well.  She wasn't as substantive as Biden was, but Biden came off a little whonk-ish at times.  I'm not sure she made any real connection with the voters, but the debate didn't really focus on social issues, which I think is where she'd have liked to stoke the fires of the conservative base.  Biden came awfully close to advocating for gay marriage (fine by me, but not a winning issue in this country yet), but cleaned it up.  Biden had two good moments, I thought:  first, when talking about Afghanistan and Iraq, and comparing the amount of money we've spent in each.  And second, when he choked up a little bit talking about being a single father.  That was unexpectedly unscripted--one of the few non-canned responses either candidate gave all night.

What were your thoughts on the debate?  Did it change your mind about anything?  And try not to feed the trolls....

New CityBeat Website Design

I haven't had the chance to dive into CityBeat's newly redesigned website, so check it out and chime in with opinions.

Putin Rears His Head . . . . .

Hmmmm, I couldn't think of Supreme Court decisions either in my Constitutional Law final years ago, but then I was never Mayor of Wasilla or Governor of Alaska and never thought I was qualified to be a 72 year old's heartbeat away from being President and was certainly never quoted three months ago in the press saying the following about the SUPREME COURT DECISION in EXXON V. BAKER that directly affected --- what state? --- wait for it --- drumroll --- ALASKA:

Gov. Sarah Palin [said,] “I am extremely disappointed with today’s decision by the U.S. Supreme Court,” Palin said. “While the decision brings some degree of closure to Alaskans suffering from 19 years of litigation and delay, the court gutted the jury’s decision on punitive damages.” Palin added, “It is tragic that so many Alaska fishermen and their families have had their lives put on hold waiting for this decision. My heart goes out to those affected, especially the families of the thousands of Alaskans who passed away while waiting for justice.”

"As Putin rears his head and comes into the airspace of the United States of America, where do they go? It's Alaska. It's just right over the border. It is from Alaska that we send those out to make sure that an eye is being kept on this very powerful nation, Russia, because they are right there, they are right next to our state."

I love America, even though Rush tells me that we are about to be taken over by the radical Marxists (are there still radical Marxists anywhere?)!

Wake Me Up When It's Over

Matt Damon called me today to remind me to vote for Barack Obama. I don't think it was him, really, just a tape recording. At least, he wouldn't stop to answer questions.

I love politics. And I'm sick of this election.

Has anyone ever cast a vote because Matt Damon persuaded them to do so?

I paid for an Obama/Biden car magnet over the internet (at the campaign website) just before the DNC convention. I still don't have it. I'm tempted to buy a McCain/Palin magnet, and put the one that comes first on my car.

And how about a VP debate drinking game for tomorrow night?

• A chug every time Palin mentions "hockey mom".
• A chug every time Biden mentions the nuns at Catholic school growing up.
• A chug every time Palin says "nucular". If "nucular" is followed by an attempt at "proliferation," finish your drink.
• A chug every time Biden says "Scranton".
• A chug every time Palin mentions the Bridge to Nowhere or the airplane that was(n't) sold on eBay.
• Finish your drink whenever Biden tells you that he takes the train home every day.
• A chug every time Palin says "gotcha journalism," "maverick," or "reformer." Finish your drink anytime she mentions her son in Iraq.
• A shot (preferably of Stolichnaya) anytime Russia's proximity to Alaska is mentioned.

Any additions?

Same Day Voting: Update

Earlier today, the Sixth Circuit Court of Appeals affirmed the decision (that is the subject of the post immediately below) of District Court Judge George Smith, denying the Ohio Republican Party an injunction that would prevent same day voting. The three-judge panel was comprised of Judge Karen Nelson Moore, Judge Richard Allen Griffin, and Judge Myron Bright, a judge of the Eighth Circuit who was sitting by designation. (A judge from another circuit sitting by designation on a panel is fairly routine.)

The panel had to decide two issues: first, whether to require the Secretary of State to force boards of elections to segregate ballots cast as a result of same-day voting, and second, whether to require the Secretary of State to mandate that boards of elections permit observers to be present during the same-day voting period.

On the first issue, the panel was unanimous: the GOP was deemed not entitled to the relief they sought. Interestingly, the Republicans appear to have shifted their focus once they reached the court of appeals. In the district court, they wanted to enjoin same-day voting altogether; in the Court of Appeals, they merely wanted ballots to be segregated. The Sixth Circuit held that because the relief the GOP now seeks was not presented to the district court, the court of appeals would not grant it.

With respect to the second issue, the panel split 2-1. The majority (Judges Moore and Bright) reversed the district court's decision requiring the permissive presence of observers, holding that no federal law required such a result. (The court explicitly left open the question of whether state law requires boards of elections to be present, as a federal court may not tell a state official how to apply a state law.) Judge Griffin, dissenting in part, would have affirmed the district court.

So judges from both sides of the political spectrum have now agreed (finally, it appears) with Jennifer Brunner that same-day voting is permissible under Ohio law.

For what it's worth, I agree (partially) with Judge Griffin: SOS Brunner should permit observers to be present for the thirty-five days prior to Election Day during which absentee ballots are turned in. (It's not clear to me, though, the basis to conclude that federal law requires this.) It is absolutely essential that the public's confidence in the integrity of our elections is restored, and disallowing observers is entirely contrary to that goal. Remember that because the General Assembly rewrote the election law after 2004, "observers" are not "challengers." Observers have no right to challenge voters or to attempt to intimidate voters. Thus, no harm comes from the transparency that the presence of observers would create, and people on both sides (both Democrats living in counties controlled by Republicans and vice-versa) would be assured of a fair process.

Same-Day Voting Permitted In Ohio

You may recall hearing about a controversy regarding so-called "same-day voting" in Ohio. When the Republican-controlled legislature rewrote our election law, it created a five-day window during which people could both register to vote and cast their absentee ballot. Democratic Secretary of State Jennifer Brunner has interpreted the law to allow people to do both on the same day.

The Ohio GOP disagreed with Brunner, and has filed lawsuits to prevent same-day voting. The courts have now ruled that Brunner is right and the Republicans are wrong.

Yesterday, the Republican justices of the Ohio Supreme Court, by a 4-3 vote, dismissed the lawsuit that sought to prevent same-day voting. Its order is available here. The Republicans also have filed suit in federal court seeking to enjoin same-day voting. United States District Court Judge George Smith (appointed to the bench by Ronald Reagan) has issued an order (available here) deferring to the judgment of the Ohio Supreme Court, but requiring that observors be permitted to be present. His decision has been appealed to the Sixth Circuit, which will almost certainly order expedited briefing and rule quite quickly.

The upshot: if you are not registered to vote, you can both register and cast an absentee ballot on the same day from now through October 6. So can your family, friends, and neighbors. So pass the word and go vote.

The Enquirer's article (albeit with a misleading lede) is here. For up-to-the minute coverage of Ohio election litigation, check the Election Law Blog, based at the Moritz College of Law at The Ohio State University.