News for January 25 — Special Report: McConnell’s One-Man Filibuster

Merck halts vaccine development: https://www.npr.org/sections/coronavirus-live-updates/2021/01/25/960294852/merck-stops-developing-both-of-its-covid-19-vaccine-candidates . Merck says the two vaccines were well-tolerated but do not produce an adequate immune response relative to other vaccines. WSJ: More: https://www.wsj.com/articles/merck-scraps-covid-19-vaccine-candidates-11611575103 .

WSJ: Vaccine delays in Europe: https://www.wsj.com/articles/covid-19-vaccine-setbacks-damp-europes-prospects-for-normal-summer-11611597792 . Don’t plan your summer trip just yet.

Brazilian variant found in Minnesota: https://www.cnbc.com/2021/01/25/minnesota-confirms-first-known-us-case-of-more-contagious-covid-variant-originally-found-in-brazil.html . Not a surprise, not good news.

California variant has 5 versions so far: https://www.webmd.com/lung/news/20210120/californias_own_covid_variant_raises_new_fears . This virus strain is now known as CAL.20C. It was first identified in Denmark in March, and first identified in California in May. The naming convention for COVID viruses is now officially inscrutable. The virus has risen rapidly to 25% of all COVID infections sequenced in California, raising concerns that it is highly transmissible.

WSJ: More on the South African variant: https://www.wsj.com/articles/the-new-covid-19-strain-in-south-africa-what-we-know-11609971229 .

Despite expert warnings, states begin to ease restrictions: https://www.msn.com/en-us/news/us/us-states-ease-covid-restrictions-even-as-variants-take-hold/ar-BB1d5nC5?li=BBnb7Kz . WSJ: More: https://www.wsj.com/articles/new-york-to-ease-some-covid-19-restrictions-as-cases-decline-11611616068 . We have seen this movie before. Given the ongoing impulse to open too early, the only way out is vaccination. That way appears months off, and further vaccination delays will only extend that timeline. The variants are likely to multiply, and an additional round of vaccinations is looking more likely (see Moderna, below).

Moderna finds its vaccine effective against UK and South African variants: https://www.npr.org/sections/coronavirus-live-updates/2021/01/25/960341384/moderna-finds-covid-19-vaccine-less-effective-against-variant-found-in-south-afr . However, the vaccine is less effective against the South African variant. Moderna is considering a booster shot to address that variant. More: https://www.inquirer.com/health/coronavirus/coronavirus-mutations-prompting-moderna-pfizer-to-assess-vaccine-effectiveness-20210125.html . WSJ: Still more: https://www.wsj.com/articles/moderna-developing-vaccine-booster-shot-against-virus-strain-first-identified-in-south-africa-11611581400 .

WSJ: Healthcare workers burnout: https://www.wsj.com/articles/covid-19-surge-leaves-doctors-nurses-reeling-from-burnout-11611612044 .

Fauci on the most common COVID long-hauler symptoms: https://bestlifeonline.com/news-fauci-long-covid/ .

WSJ: What to know if you test positive: https://www.wsj.com/articles/you-tested-positive-for-covid-19-now-what-11611579613 .

WSJ: Oxygen scarcity kills: https://www.wsj.com/articles/oxygen-scarcity-swells-covid-19s-death-toll-11611570926 .

Biden helps factories with “Buy American” executive order: https://apnews.com/article/joe-biden-politics-global-trade-economy-coronavirus-pandemic-609edff80cb73172a427b41395d5b985 .

WSJ: CEOs as vaccine cheerleaders: https://www.wsj.com/articles/ceos-confront-employees-doubts-on-covid-19-vaccine-11611579964 . This is an interesting twist on combating vaccine skepticism.

WSJ: British economy tanks: https://www.wsj.com/articles/british-economy-post-brexit-and-pummeled-by-covid-is-worst-in-g-7-11611589082 .

Scientists pinpoint rogue HCFC pollution: https://earther.gizmodo.com/scientists-have-discovered-a-new-case-of-rogue-pollutio-1846127639 .

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Arrests continue: https://foxnebraska.com/news/local/fbi-omaha-man-arrested-for-alleged-involvement-in-capitol-riot . And: https://www.msn.com/en-us/news/politics/republican-senators-plot-way-to-blow-up-trump-impeachment-trial-before-it-starts/ar-BB1d5y59?li=BBnb7Kz . These dimwits think participating in an armed insurrection is a badge of honor. It is disgusting.

Kicking the far-right nuts in the … : https://www.msn.com/en-us/news/politics/fact-check-national-guard-members-didnt-turn-away-from-bidens-inauguration-day-motorcade-in-dissent/ar-BB1d53co?li=BBnb7Kz . The problem is, anybody can say anything on the Internet (except Orange Julius on Twitter). The far-right intentionally misleads, so they don’t care about the truth. They lie to stoke the flames of irrational anger. And it is more work to debunk the lie than to lie in the first place. Still, truth-telling and fact-checking must go on, if only to let history know that honest people today know the difference between the far right and shinola.

Senator Patrick Leahy to preside over Senate impeachment trial: https://www.npr.org/2021/01/25/960389715/sen-patrick-leahy-to-preside-over-trumps-senate-impeachment-trial . WSJ: More on trial: https://www.wsj.com/articles/trump-second-impeachment-senate-trial-11610400832 .

The Orange Julius election fraud diary: https://www.msn.com/en-us/news/politics/what-we-know-about-trumps-efforts-to-subvert-the-2020-election/ar-BB1d59gX?li=BBnb7Kz . This really is incredibly bizarre.

The courts run out the clock on emoluments suits: https://www.cnbc.com/2021/01/25/emoluments-clause-supreme-court-dismisses-cases-over-trump-business-conflicts.html .

Senate chances for Republican control change: https://www.cnn.com/2021/01/25/politics/doug-ducey-rob-portman-2022/index.html . CNN misses the point here. The moderates are leaving. Arizona Republicans already censured Ducey. Jeff Flake left the Senate because he was going to get primaried in Arizona. Portman’s departure opens the door for “Wrestling Jim” Jordan. Moderates looking for a sensible Republican Party should be disappointed. We are watching increased radicalization, with or without Orange Julius. WSJ: More on Portman: https://www.wsj.com/articles/gop-sen-rob-portman-won-t-seek-re-election-in-2022-11611589869 .

Third party allegedly off the table: https://www.politico.com/news/2021/01/25/trump-senate-republicans-impeachment-trial-462420 . But the malleable still bend.

And here’s the jellyfish with curls: https://www.cnn.com/2021/01/25/politics/rand-paul-stolen-election-2020-abc/index.html .

Republican Senators try to derail trial: https://www.msn.com/en-us/news/politics/republican-senators-plot-way-to-blow-up-trump-impeachment-trial-before-it-starts/ar-BB1d5y59?li=BBnb7Kz . The lack of standing in the Supreme Court is obvious. As usual, Ron Johnson makes a fool of himself. Kennedy, Risch, and Scott are all lawyers, however. What is their excuse for attaching their names to this foolishness?

Another viewpoint on the Tom Cotton lie: https://www.msn.com/en-us/news/us/former-ranger-and-socom-commander-calls-out-democratic-congressman-over-dumb-military-service-spat-with-sen-tom-cotton/ar-BB1d54ST?li=BBnb7Kz . The original report is described here. I never served. I had childhood friends who died in Vietnam. My best friend in this life, who died in 2019, served two tours in Vietnam as an Army Ranger and ultimately retired as a full colonel from the Army Reserves. I am incredibly offended by Tom Cotton implying membership in this elite corps by taking a class. General Thomas, I thank you for your service. I vehemently disagree with your opinion. Memorial Day is all year long, and the true warriors deserve the special place they’ve earned.

DOJ Inspector General opens probe into any DOJ officials involved in attempts to overturn 2020 election: https://www.nbcnews.com/politics/justice-department/doj-watchdog-opens-probe-possible-attempt-overturn-2020-election-results-n1255557 . The Senate and the House will have to scrub their own toilets. Eighty-two million people have already flushed the White House. And, as American democracy and the pandemic requires, it’s been deep-cleaned. WSJ: More: https://www.wsj.com/articles/government-watchdog-probes-whether-justice-department-officials-tried-to-alter-2020-election-results-11611595904 .

Words matter: https://www.reuters.com/article/uk-usa-election-dominion-idUKKBN29U206 . And Rudy may be paying for his. WSJ: More: https://www.wsj.com/articles/dominion-voting-system-sues-rudy-giuliani-over-claims-of-rigged-election-11611580874 .

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SPECIAL REPORT – THE FILIBUSTER

McConnell is a one-man filibuster for the filibuster:  https://generaldailynews.com/senate-filibuster-debate-roils-chamber/ (link updated 5/4/21). This is a watershed confrontation that could determine the success of Biden’s presidency. The central problem is that of the 101 legislative bodies in the US (Nebraska has a unicameral legislature), the one body that does not have “one person, one vote” in electing representatives is the US Senate.

The “two senators per state” rule is enshrined in Article 5 of the Constitution. At the time, the largest of the 13 states (Virginia) had about 9 times the (white) population of the smallest (Delaware). That advantage increased to about 11 with application of the abhorrent 3/5 rule: https://en.wikipedia.org/wiki/1790_United_States_census . But now the largest of the 50 states (California) has more than 68 times the population of the smallest (Wyoming). When the Senate is judged by the “one person, one vote” standards of the Supreme Court (which apply to the US House and every state legislature), it massively fails.

However, Article 5 states that the “two senators” per state rule cannot be changed by the normal (difficult) process to amend the Constitution. It alone requires the agreement of every state. In short, this one deviation from representative government is the major remaining remnant of slavery in our system of government. The second most prominent slavery rule is the filibuster, which by allowing 41 senators to block all substantive legislation, makes the Senate even less democratic. The Senate structure originally favored slave states over free states – now it favors rural states over urban states.

By the way, McConnell did away with the 60 vote rule for approving Supreme Court justices (2017). This is how we got Gorsuch (54-45), Kavanaugh (50-48) and Barrett (52-48) on the Supreme Court. His current position is incredibly disingenuous. It is his attempt to retain one-man rule of the undemocratic Senate.

Three additional points should be mentioned. First, the northern Founders hated this compromise, and said so in the Federalist Papers (you know, the source to which Scalia faked allegiance). See Madison (or maybe Hamilton) in Federalist No. 62, in which he describes the Senate’s composition as the “lesser evil”: https://guides.loc.gov/federalist-papers/full-text#TheFederalistPapers-62 .

Second, the original meaning of “filibuster” was a person engaging in unauthorized warfare against a foreign country. It specifically refers to southern Americans who went on adventures to subvert nearby governments to gain territory for slavery: https://en.wikipedia.org/wiki/William_Walker_(filibuster) . So it absolutely is a rule emanating from slavery. McConnell is now engaged in (authorized but not contemplated) warfare against democracy.

 Third, the above is not opinion – it is fact (with references). As to my comment on Scalia, see Bush v. Gore and DC v. Heller, his two most famous cases, in which he clearly abandons his alleged “originalist” philosophy. Here is something of an apologist for Scalia, who still must admit the obvious fact of Scalia’s massive “inconsistencies”: https://prospect.org/justice/scalia-problem-originalism-textualism-trumpism/ .

Update: McConnell drops his demand: https://www.msn.com/en-us/news/politics/senate-filibuster-debate-roils-chamber/ar-BB1d4zFS?li=BBnb7Kz . Finally, the country may be able to proceed. Maybe elections do matter. WSJ: More: https://www.wsj.com/articles/senate-power-sharing-deal-moves-ahead-11611630763 .