Brenda Chaney

Brenda Chaney in her attorney's office in Indianapolis, Indiana. Associated Press (AP) via Yahoo News

Remember the ground breaking, massive generational study the Pew Research Center released?  The one that showed that despite all of their good qualities, a vast majority of the so-called “silent generation” (those born prior to 1928) and, to a somewhat lesser degree the “greatest generation” (those born from 1928 through 1945) were, on many issues such as interracial relationships and gay marriage, unrepentant irrational bigots?  Yeah, that one.  The real world implications of that study were visible in a major court case today.

When patient’s rights swept the country ten or fifteen years ago, nursing homes, hospitals and other medical facilities began to operate with the creed that individual patients should be able to make all of the decisions possible related to their care and comfort.  Seems reasonable, right?

Apparently, some folks in these generations decided that it was necessary to leave written instructions that they were not to be cared for by anyone but their own race.  Meaning they would rather die than have a black nurse or doctor assist them if they were first on the scene. (You really can’t invent this stuff.)

This leads us to the case of nurse Brenda Chaney, an African American woman who worked in a nursing home and saw an elderly patient on the floor, unable to get up.  The patient, however, had left instructions she didn’t want to deal with black staff so Brenda couldn’t assist her.  She had to go try and find someone so as not to violate the patient’s rights. (more…)

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Perry v. Schwarzenegger Ruling from Judge Vaughn Walker Analysis

I read through all 136 pages last night before commenting on the opinion as per my self-imposed rule. (I hate people who react without having facts.) It was a doozy. I mean, Walker eviscerated the notion that the state had any conceivable rational in limiting marriage to a man and a woman.

I finally got through the ruling from Judge Vaughn Walker in Perry v. Schwarzenegger which overturned Proposition 8 as unconstitutional and it is scathing.  I have never read anything worded this strongly other than Scalia’s dissent in Lawrence v. Texas where you could virtually hear the man shrieking with fists flying (and I say that having tremendous, enormous respect for Justice Scalia’s intellect, which at times, soars to the level of an apostle preaching legal gospel).

Perry v. Schwarzenegger was a total, complete home run for David Boies and Ted Olson, the famed liberal and conservative lawyers who took the case together after facing off in Bush v. Gore nearly ten years ago, because they won on every point of the law, including equal protection and due process violations.  (Olson’s wife, a major conservative television commentator, was killed because she was flying on the plane that crashed into the Pentagon during September 11th.)  They also succeeded in having gays and lesbians qualified as a historically disadvantaged suspect class eligible for federal protection.

It Will Be Extremely Difficult for an Appeals Court to Overturn the Judge’s Decision

Just as significant as the opinion itself, though, is the 60 or 70+ pages of “findings of fact” that make up the heart of the opinion because of how the United States legal system is organized.

In the U.S.A., appeals courts and the Supreme Court must, as a matter of rule, rely on the “facts” the trial court “found” based upon the evidence.  Unless the appeals courts can clearly see the evidence is wrong (e.g., a judge insists water is orange and not blue despite expert testimony to the contrary), the facts are considered settled and not open to debate.  They must be the basis upon which an appeal succeeds or fails.  Once in the record, you can’t introduce new evidence.  Think of it as framing the discussion.  They can’t be changed afterwords.

Walker found 80 facts based upon past Supreme Court rulings, expert testimony, and other evidence that are now no longer up for debate as far as the law is concerned. In other words, these things cannot be disputed in the appeals court. Or at least, not without moving heaven and earth.

What are some of these facts?  Hold on to your hat because they are so sweeping that I think it is going to be almost impossible for the higher courts to overturn the ruling: (more…)

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Judicial Activism and Activist JudgesI’ve been too busy to post my reaction and thoughts on the Perry v. Schwarzenegger ruling from the district court that struck down Proposition 8 as unconstitutional and made gay marriage legal.  I’ll try to get to that in the next few days but the businesses must come first. (You know my rule: Unless I’ve read something completely, I try not to discuss it or give an opinion.  I wanted to get through the entire 136 pages of Judge Walker’s opinion before commenting.)  UPDATE: My analysis of the Perry v. Schwarzenegger Ruling Is Here.

Before I post my comments on the ruling and whether or not I agree with it, I want to say a word about a trend I’ve noticed over the past few years on cases involving everything from gun rights to campaign finance reform: People from both sides of the political spectrum whining about “unelected activist judges” and their so-called “judicial activism”.

This canard has become almost the standard reply to any court decision with which someone disagrees, whether they are Republican or Democrat.

When I hear it, I instantly know I’m dealing with someone who falls into one of two camps.  Either 1.) they have zero understanding of our political system and are incredibly ignorant, or 2.) they are a very intelligent politician that knows they are increasing their own stance with the party base by spouting catchphrases that reverberate with those who fit in the former category.

As a result, I would like to make four important points on the judicial system that people seem to have forgotten (maybe it’s the state of education in the school system).  Here we go… (more…)

The Sin of Sodom and Gomorrah

Discussing the Sin of Sodom at a Family Dinner

After we left St. Louis, I stopped by to visit family and spent an afternoon at my grandmother’s house having dinner, discussing politics, and Christianity in general.  The conversation was great and had many of the same topics that the younger generation of Christians have been discussing on everything from abortion rights to international trade.

One of the things that came up was how often Christians spout scripture that they believe they know, yet have little or no understanding of where it occurs in the Bible, the cultural traditions of the times, or why it’s important in the broader scheme of the historical record.  Most Christians don’t even realize that the Catholic Bible used for thousands of years, and the more recent Protestant Bible that became popular after Martin Luther rebelled against Rome, have different books in them! If you need a reference tool, see this site, which lets you look up every translation for any given verse.

Using the Sin of Sodom as a Case Study

A perfect case study is the story of Sodom and Gomorrah and the often referenced sin of sodom.  Please note that before we proceed, this has nothing to do with the current political debate – I’m not even going to go there right now.  Instead, it is an easy to understand illustration using a story that everyone who grew up in a Christian environment should know and be able to understand instinctively, making it a perfect tool for explaining our criticism with the state of the collective Church in the United States at this moment in time.

The background: In Hebrew, the word Sodom means “burnt” and the word Gomorrah means “a ruined heap” so the names that we now use to refer to the cities must have been given after the disaster and not the original names used by the people who lived there.We also know that Sodom and Gomorrah were not the only cities God destroyed in this manner – Admah and Zeboiim were also destroyed in judgment (see Deuteronomy 29:23).

For thousands of years, the word “Sodomite” literally meant “someone from Sodom”, just as American means someone from the United States.  In fact, the word “Sodomite” didn’t have any sexual connotation until the 13th century when the word came into the English language.  Yes, you read that right … the definition didn’t come into existence until 1,300 years after Jesus Christ walked the Earth. 

I think the worst part is that most Christians are so uneducated they don’t realize that sodomy includes oral sex, including oral sex among married couples (go pick up a damn dictionary). For centuries, man and wife, in the marriage bed, having oral sex was an unspeakable, filthy, abomination that required total repentance thanks mostly to the preaching of St. Thomas Aquinas, who believed that sex should exist only for procreative means.  Modern American culture, however, has conveniently forgotten this definition and now the same Christians that hold signs condemning sodomites go home and commit sodomy a few times a week, talking to friends and family about the holiness of their marriage bed.  It’s baffling people stake their soul on a book that most of them aren’t even willing to read in its entirety (that’s one of the reasons that my freshman year in college, I worked by way through every word from cover-to-cover over the course of eight or nine months).

(more…)

Fable 2 Limited Edition Box Set for XBOX 360It’s remarkable that the same concepts that allowed me to be effectively retired by my mid-twenties allows me to frequently become rich in video games. That’s the nature of compounding.  It is a law, exactly like gravity.

This weekend, Ashly and Ian drove in from Columbus to visit – they are thinking about relocating to this area next March so that she can work with us on the businesses and he can work as a nuclear engineer at a nearby facility.  Right now, she’s a risk mitigation analyst at a well-known bank, so her skills would be a useful addition to the staff.

Anyway, as we were out having Chipotle and Coldstone, we stopped by a nearby video game store and went in just to see if anything was new.  I came across a game called Fable 2 and, having seen the preview of the original fable on the XBOX 360 Live service, it interested me.  Long story short, I picked up about $100 worth of games and merchandise, figuring I’d get to play them when I had time.  Given the fact we’ve quintupled the number of e-commerce sites under our control in the past six months, that seemed like a long, long time away, frankly.

Um.  No.  As Aaron et. al., made the Julia Child beef bourguignon recipe, Ashly suggested I start playing the game (I’d grown hesitant when I realized it was rated M, which I incorrectly assumed was used only for grotesque violence).  None of us had any idea what we were getting into when we turned on the console.


The Premise of Fable 2
The premise of Fable 2 is simple.  As in life, every choice you make influences the quality of your soul and the outcome of your journey.  Your choices are pretty much like those that every man and woman has when they are born – be good by giving money to orphans, helping those in distress, donating clothes, charging below-market rent to those in poverty, and working to rid the world of evil, or you can be evil by murdering innocent people, having unprotected sex and catching STD’s, terrorizing cities, gambling, stealing, sacrificing people … you name it.

When I say there are practically no limits, I mean it, even in details that are absent in other games such as growing fat if you eat too much food or your character’s sex life (e.g., you can raise a family, go the church (in the game, “The Temple of Light”), and become known as a prude, or you can have homosexual orgies, get drunk, and vomit in the town square after a night of pub games during which you amassed large gambling debts).  Before I continue: For those who think games like this are offense, that’s irrational and unjustified.  We, as humans, have these same choices in life.  It’s called free will.  Why is it okay for us to have the God-given right to self-determination in the physical world, but demand punishment for software studios that do the same in virtual ones?  It’s a mental malfunction to think like that.

Sometimes You Just Have to Accept Who You Are – And I’m a Capitalist
The first three days I played Fable 2, I did nothing but work in the game, earn money to buy real estate and businesses, and then for the rest of the time, didn’t need to exert any effort because I was able to live off the dividends generated from these assets.  It mirrored the precise course of action I followed in my own life beginning with my decision to become an investor when I was ten years old.

Here was my plan for becoming a millionaire without cheating … (more…)

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