Archive for 2017

ANSWERING THE IMPORTANT QUESTIONS: Mommy, Where Do Cocktails Come From? “Utah law requires many restaurants to mix drinks behind a partition to shield the act from curious minors—but a new bill would allow it back in the open; the ‘Zion Curtain’ becomes the ‘Zion Moat’”

The partition rule, mandated in 2009 for new restaurants, was aimed at preventing underage diners from becoming inspired to imbibe. Last week, the Utah legislature passed a bill that offers another option, what locals call the “Zion Moat.”

If the governor signs the bill into law as expected, restaurants by next year will be able to replace Zion Curtains with buffer zones between family tables and bars. It would require a 10-foot zone around a bar that is off-limits to under-21 patrons if the bar is in full view—or a 5-foot zone if the view is partially hidden.

“I guess if they want to put in a real moat with water that’s their business,” said Republican state Sen. Jerry Stevenson, a sponsor of the bill, who expects restaurants will be creative with their buffer zones. “If you want to put in some potted plants that’s OK. Or a row of tables” for adults.

Utah’s ways might seem quaint and curious to residents of the other 49 states, but regional differences — and allowing America’s many subcultures to flourish — is what federalism is really about.

SHORTER VERSION: “EVERYTHING.” What went wrong in Pakistan.

Pakistan was meant to be a model, an example for other nations to emulate. It was founded after World War II, as the sun was setting on the British Empire and India was preparing for independence. India’s Muslims, though glad to see the end of the Raj, were apprehensive about becoming a minority in a Hindu-majority land.

They envisioned instead what might be called a “two-state solution”: the establishment of a homeland for the subcontinent’s Muslims in areas where Muslims were in the majority. Their new nation was to be free, pluralist and tolerant. “We are starting with this fundamental principle,” Muhammad Ali Jinnah, the Quaid-e-Azam (Great Leader) declared in 1947, “that we are all citizens and equal citizens of one State.”

What went wrong? In an excellent new book, “Purifying the Land of the Pure,” Farahnaz Ispahani both recounts and laments Pakistan’s “descent” into what it has become today: unfree, undemocratic, intolerant and both a sponsor and victim of terrorism.

A Global Fellow at the Woodrow Wilson International Center for Scholars in Washington, Ms. Ispahani spent years as a journalist and high-ranking Pakistani official. She clearly loves the land of her birth. It’s doubtful that she’ll ever be able to safely return.

Pakistan, she writes, started out “as a modern state led by secular individuals.” But it was not long before important “religious and political leaders declared the objective of Pakistan’s creation to be the setting up of an Islamic state.”

I went ahead and ordered the book based on this Clifford May review.

NICE SHOOTIN’: Israel’s Arrow anti-missile system ‘in first hit’

A surface-to-air missile (SAM) was intercepted using the Arrow system, designed to stop long-range ballistic missiles, reports say.

And in a rare admission, Israel said it had targeted several sites in Syria.

The intercepted SAM is reported to have come down in Jordan. Two others are said to have landed in Israel.

There were no reports of any injuries.

This episode is unusual on a number of counts. It is rare for Israel to admit to air strikes in Syria though there have been reports of at least four similar raids against Hezbollah weapons shipments since the start of December of last year.

This also looks to be the first operational use of Israel’s Arrow anti-ballistic missile system – launched possibly at an errant Syrian surface-to-air missile – that might have landed in Israeli territory.

Israel made the announcement to the world, but the intended audience was probably Iran.

PAYCHECKS FROM THE PATRIARCHY: “Subsidizing sports for women? That’s a man’s job, baby!”

THE ELECTION TURNED OUT WRONG, SO THE VOTING MUST BE CHANGED: Netflix changing user reviews, dumps star ratings. “The shakeup — which will take effect in April — comes on the heels of comedian Amy Schumer accusing haters of conspiring to flood her latest Netflix special with one-star reviews.” I dunno, even the Schumer fans I know think it stunk on ice.

OH SHUT UP:

It’s only a low-follower Twitter account with a bio stating, “The official twitter account for the coordinated effort to end St. Patrick’s Day are raise awareness of the fact that it is a holiday based in white pride.”

But the timeline reads a little too angry and earnest for it to be a parody account — so who knows?

SOMEBODY NEEDS TO BE: Trump’s Supreme Court Nominee Skeptical Of Federal Agency Power.

In some of his dissenting and concurring opinions on the 10th Circuit Court of Appeals, he has called for reconsideration of the Chevron decision.

It is one of the ways in which he is more conservative than the justice he has been nominated to succeed, the late Antonin Scalia. Scalia was generally an advocate of Chevron deference to agencies — his view was that agencies are at least politically accountable, whereas judges are not.

But Chevron “cuts both ways,” as professor Jonathan Adler of Case Western Reserve University School of Law points out.

“An agency might want Chevron deference when it wants to regulate more, but under the Trump administration, agencies will want to claim Chevron deference when they’re trying to deregulate,” Adler says.

Many Gorsuch defenders argue that having someone on the Supreme Court who is less deferential to agencies should reassure those who don’t trust the Trump administration.

It would be “harder” for a Trump administration to get its way if there were no Supreme Court decision requiring the courts to defer to the agencies, says Jeffrey Pojanowski, professor at Notre Dame Law School.

Senate Democrats are being given all kinds of outs to let this nomination roll through.

CYBERSECURITY: Suspected Hack Attack Snagging Cell Phone Data Across D.C.

An unusual amount of highly suspicious cellphone activity in the Washington, D.C., region is fueling concerns that a rogue entity is surveying the communications of numerous individuals, likely including U.S. government officials and foreign diplomats, according to documents viewed by the Washington Free Beacon and conversations with security insiders.

A large spike in suspicious activity on a major U.S. cellular carrier has raised red flags in the Department of Homeland Security and prompted concerns that cellphones in the region are being tracked. Such activity could allow pernicious actors to clone devices and other mobile equipment used by civilians and government insiders, according to information obtained by the Free Beacon.

It remains unclear who is behind the attacks, but the sophistication and amount of time indicates it could be a foreign nation, sources said.

Well.

LAWFARE BLOG: The Revolt Of The Judges. “We don’t mean here to do an exhaustive legal analysis of either court’s work. But suffice it to say that you don’t have to be a Trumpist to have questions.”

They are setting Trump up for a Jacksonian moment. And he knows it, too, as his wreath-laying signals. This will not end well.

UPDATE: Related: Josh Blackman: When Judges Revolt. “This demise of judicial neutrality is truly regrettable. Our Constitution already has a safety valve in the case of a crazy President: the 25th Amendment. Courts should not twist and turn established law as a form of self-help.”

A short-term response is for Trump to ignore them. A longer-term response is a constitutional amendment for an elected judiciary. If they’re going to be politically driven, let them be politically accountable.

AARON MACLEAN: President Park’s spectacular fall means nothing good for U.S.-Korea relations.

Park’s ouster may well be a blow for good government—and it is certainly a credit to South Korea’s still young democracy that the impeachment has proceeded without a rupture in the nation’s constitutional order. Unfortunately from the American perspective, that’s it for good news. The next president, whoever it will be, is virtually certain to be less friendly to the United States and more dovish towards North Korea. The happy moment of a coalition of pro-American governments in Northeast Asia (Abe in Japan, Park in Korea, and Tsai in Taiwan) was brief, and it is over.

The candidate currently leading in the South Korean polls, Moon Jae-in, comes from the liberal opposition and is outspoken in his skepticism of the United States and his support of something like the Sunshine Policy towards Pyongyang, which his party pursued from 1998 to 2008. In second place is Ahn Hee-jung, who has a reputation for being more pragmatic and centrist than Moon. He is currently behind Moon by 15 points in polls, and has to run against him for his party’s nomination. President Park’s party has yet to produce a frontrunner for its nominating process, and, to be frank, may as well not bother.

America’s long-planned and controversial deployment of a sophisticated air defense system to South Korea called “THAAD” began (somewhat by surprise) last week, on what appears to be a timeline accelerated in part by Korean politics and the likely accession to the presidency of the Korean left. The deployment will be complete by summer, and substantially in place even by the time a new president takes office this spring. Like entitlements or government agencies, such deployments are much easier to stop before they begin than they are to roll back once in place. Little else in the years to come is likely to be easy.

SecState Tillerson may have to adapt the old North Korean policy of “strategic patience” to South Korea.