"...it's not the training to be mean but the training to be kind that is used to keep us leashed best." ~ Black Dog Red

"In case you haven't recognized the trend: it proceeds action, dissent, speech." ~ davidly, on how wars get done

"...What sort of meager, unerotic existence must a man live to find himself moved to such ecstatic heights by the mundane sniping of a congressional budget fight. The fate of human existence does not hang in the balance. The gods are not arrayed on either side. Poseiden, earth-shaker, has regrettably set his sights on the poor fishermen of northern Japan and not on Washington, D.C. where his ire might do some good--I can think of no better spot for a little wetland reclamation project, if you know what I mean. The fight is neither revolution nor apocalypse; it is hardly even a fight. A lot of apparatchiks are moving a lot of phony numbers with more zeros than a century of soccer scores around, weaving a brittle chrysalis around a gross worm that, some time hence, will emerge, untransformed, still a worm." ~ IOZ

Jun 20, 2011

It's a Trap

That's what the Supreme Court is - ah, fuck it: that's what the courts are:

"The Supreme Court on Monday threw out a huge class-action lawsuit against Wal-Mart Stores Inc. that contended the retail giant had systematically discriminated against 1.5 million of its female workers.

By a 5-4 vote, the high court said the suit could not go forward as a class-action claim because the plaintiffs could not show Wal-Mart had a common policy of discriminating against women. Instead, the company allowed individual store managers to decide on pay levels and promotions, the justices said..."

When a national chain centrally manages shelf leasing, marketing roll outs, floor layouts, on-time delivery, warehousing, employee codes of conduct, anti-union campaigns, advertising output and benefits packages, it's a single entity. But, according to the Roberts Court, when its various outlets hire and manage women, it's a thousand separate entities.


I wonder if I can use that argument the next time the tax man comes for his bill. See, while I'm sleeping, eating, shitting or talking with my wife, I'm a single entity. But, when I owe taxes, I'm sorry to say, I'm dozens of separate organs and organ systems. Too bad for the tax man, but he's going to have to take up his argument with the export end of my digestive tract.

And in case you have any doubts about how much time and energy are wasted by groups and persons seeking sanction and validity on the way to court costs, legal fees and inevitable co-optation:

"The Supreme Court blocked a federal lawsuit Monday by states and conservation groups trying to force cuts in greenhouse gas emissions from power plants.

The court said that the authority to seek reductions in emissions rests with the Environmental Protection Agency, not the courts. The ruling was 8-0.

EPA says it will decide by next year whether to order utilities to cut emissions of carbon dioxide, a greenhouse gas. The lawsuit targeted the five largest emitters of carbon dioxide in the United States, four private companies and the federal Tennessee Valley Authority..."

Courts: good for telling women to fuck themselves, and for rolling back rudimentary labor protections; not so good for keeping people from choking on the toxic waste of capital's energy sector.

But, it's not like we're getting the message, since it seems like our friends in the trade unions are getting ready to waste even more of their diminished clout and vanishing treasure, in order to "recall" a few token Republicans in Wisconsin. I'm sure their Democratic benefactors will reward them generously.


You want to win a struggle or two?

Give them sleepless nights, already.

Goddamn it.


Post Script:

And while I personally find phrases like "war on women" troublesome (because, well, war is actually war and what's being done to women is far less obvious, and considerably more insidious), I understand why so many of them feel the way they do.


ghostlypresence said...

Too bad for the tax man, but he's going to have to take up his argument with the export end of my digestive tract.

Sometimes I just fucking love you. There's no other word for it. This is a customarily great post and this bit made me laugh out loud.

Jack Crow said...

Thanks, gp. I'm humbled.

chacesmith said...

There was a non toxic Alternative to clean up the spill that has been successfully tested by BP after 10 months of spill damages. The Coast Guard sent a letter from headquarters stating to the FOSC to take action with OSE II, and the EPA, Lisa Jackson stopped the Coast Guard from allowing BP from implementing OSE II. In fact the EPA stopped the application of OSE II 11 times denying State Senators direct request for use of OSE II from Louisiana, Mississippi, and Alabama. La Department of environmental requested the use of OSE II as well, EPA's Sam Coleman denied their request without reason. Governor Jindal tried to get OSE II demonstrated on the Chandelier Islands on May 6, 2010, and the EPA stopped the Governor as well. The EPA in fact stopped the use of OSE II 11 times, without a reason given. Had the EPA allowed Governor Jindal to allow the demonstration of OSE II on May 6, 2010, it is possible a significant portion of the environmental damages, including the shorelines and the seafood industry would have been spared. The toxicty test comparison between OSE II and corexit really cannot be compared since with corexit, the label states it can cause red blood cells to burst, kidney, and liver problems if a chemical suit and respirator are not worn. OSE II in contrast can be used to wash your hands and is non toxic. The BP Deep Horizon spill has proven that corexit only sinks oil and causes the same oil to be addressed a second time when it comes ashore as under water plumes, or tar balls, while OSE II has a substantiated end point of converting oil to CO2 and water. See Coast Guard letter below

U. S. Department
of Homeland Security
United States
Coast Guard

Commanding Officer 1 Chelsea Street
U. S. Coast Guard New London, CT 06320
Research and Development Center Staff Symbol: Contracting Office
Phone: (860) 271-2807

July 10, 2010

OSEI Corporation
P.O. Box 515429
Dallas, TX 75251

Attn: Steven Pedigo, President/Owner


We are pleased to inform you that the initial screening of your White Paper submitted under Broad Agency Announcement (BAA) HSCG32-10-R-R00019 has been completed. It has been determined that your White Paper submission has a potential for benefit to the spill response effort.

Your White Paper has been forwarded to the Deepwater Horizon Response Federal On-Scene Coordinator (FOSC) for further action under its authority. Subject to the constraints and needs of the ongoing oil spill response, you may be contacted by the FOSC or the responsible party.

We appreciate your interest in supporting the Deepwater Horizon Response effort.

Contracting Officer /s/
USCG R&D Center