“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

New York Times Editorial: October Term, 2012

On Monday, the Supreme Court opens a new term with a menu of important cases that deal with affirmative action, criminal justice, the right of defendants to effective counsel and more. The court may soon choose to hear a controversial case that could redefine voting-rights law, and, later in the term, one or more cases involving same-sex marriage. [..]

The conservatives, including Mr. Roberts, have regularly, if narrowly, held sway in recent years. Where they come down on this important question of corporate accountability will say something significant about their respect for established international and American law – or their inclination to shape law as they see fit.

Paul Krugman: The Real Referendum

Republicans came into this campaign believing that it would be a referendum on President Obama, and that still-high unemployment would hand them victory on a silver platter. But given the usual caveats – a month can be a long time in politics, it’s not over until the votes are actually counted, and so on – it doesn’t seem to be turning out that way.

Yet there is a sense in which the election is indeed a referendum, but of a different kind. Voters are, in effect, being asked to deliver a verdict on the legacy of the New Deal and the Great Society, on Social Security, Medicare and, yes, Obamacare, which represents an extension of that legacy. Will they vote for politicians who want to replace Medicare with Vouchercare, who denounce Social Security as “collectivist” (as Paul Ryan once did), who dismiss those who turn to social insurance programs as people unwilling to take responsibility for their lives?

If the polls are any indication, the result of that referendum will be a clear reassertion of support for the safety net, and a clear rejection of politicians who want to return us to the Gilded Age. But here’s the question: Will that election result be honored?

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

October 1 is the 274th day of the year(275th in leap years) in the Gregorian calendar. There are 91 days remaining until the end of the year.

On this day in 1946, 12 high-ranking Nazis are sentenced to death by the International War Crimes Tribunal in Nuremberg. Among those condemned to death by hanging were Joachim von Ribbentrop, Nazi minister of foreign affairs; Hermann Goering, founder of the Gestapo and chief of the German air force; and Wilhelm Frick, minister of the interior. Seven others, including Rudolf Hess, Adolf Hitler’s former deputy, were given prison sentences ranging from 10 years to life. Three others were acquitted.

The Nuremberg Trials were a series of military, held by the main victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany. The trials were held in the city of Nuremberg, Bavaria, Germany, in 1945-46, at the Palace of Justice. The first and best known of these trials was the Trial of the Major War Criminals before the International Military Tribunal (IMT), which tried 22 of the most important captured leaders of Nazi Germany. It was held from November 20, 1945 to October 1, 1946. The second set of trials of lesser war criminals was conducted under Control Council Law No. 10 at the US Nuremberg Military Tribunals (NMT); among them included the Doctors’ Trial and the Judges’ Trial.

The Main Trial

The International Military Tribunal was opened on October 18, 1945, in the Palace of Justice in Nuremberg. The first session was presided over by the Soviet judge, Nikitchenko. The prosecution entered indictments against 24 major war criminals and six criminal organizations – the leadership of the Nazi party, the Schutzstaffel (SS) and Sicherheitsdienst (SD), the Gestapo, the Sturmabteilung (SA) and the “General Staff and High Command,” comprising several categories of senior military officers.

The indictments were for:

  1. Participation in a common plan or conspiracy for the accomplishment of a crime against peace

  2. Planning, initiating and waging wars of aggression and other crimes against peace

  3. War crimes

  4. Crimes against humanity

Republicans aren’t the only ones in a bubble, Democrats, too, are “getting high on their own supply.”

What are we cheering for?

by Matt Stoller

Don’t let the conventions distract you from the real lesson of 2012: America is becoming increasingly undemocratic

Ultimately, we’re seeing that both parties are rotten. This rot is rooted in economics. Despite the bitter rhetoric, Obama and Romney are basically in agreement about how the country should be governed. Both Romney and Obama want to see the same core economic trends continue. These are, most significantly, a transition to an energy system based on hydro-fracking of natural gas and oil deposits (and some renewable energy), a large national security state, the sale of public assets to private interests, globalized financial flows, a preservation of the capital structure of the large banks, free rein of white-collar behavior and austerity in public budgets. This policy agenda is a reflection of the quiet coup that IMF chief economist Simon Johnson wrote about in 2010. [..]

Whether Romney wins or Obama wins, both Social Security and Medicare are on the table for deep cuts. Romney is explicit about this, whereas Obama couches this in terms that liberals will not understand. When he talks about popping a blister of partisanship by winning an election, what he means is cutting a deal with the Republicans to restructure these programs. Sen. Dick Durbin has been telling reporters that the Obama administration is going to give the entitlement-gutting Simpson-Bowles budget framework another try if he wins, and close Obama advisers are looking for a grand bargain on taxes and entitlement reform. Obama already tried to raise the Medicare eligibility age and cut Social Security benefits during the debt ceiling negotiations. Meanwhile, corporate titans and Democratic elites like Andy Stern and Steny Hoyer are already gathering to put this framework into place in the post-election environment, regardless of who wins.

As David Dayen at FDL News Desk pointed out, the Democrats have become the Party of Austerity: Still Seeking that Grand Bargain

There’s a fault line between the parties on this – particularly on Medicaid, where there’s a legitimate difference – but overall the fault line is not at all worthy of being called a “great debate.” One side (Republicans) wants to transform safety net programs and would probably get no further than cutting them; the other side (Democrats) wants to cut them and will use its power to force their allies along. Democrats have become the party of austerity, and they see the question as, bizarrely, one of credibility. You don’t earn your stripes in Washington unless you hurt a poor person, I guess. [..]

But Democrats have truly embraced this policy of fiscal austerity. What saved us from this once is the total intransigence on the part of Republicans to accept a good deal and provide the cover in the form of a modest tax increase. If Democrats let the Bush tax cuts expire, however, they can get what they term a modest tax increase through a tax cut bill, and layer on their spending austerity changes, including social insurance. So even if there’s no warp-speed “deal” after the elections, you would have to look out for one shortly thereafter.

We have a vote, but not a voice.  

The 2012 term of the US Supreme Court traditionally begins on the first Monday in October. If the 2011 session is any indication, this term should be even more interesting as the court considers some of the most controversial issues facing this country from affirmative action to civil and voting rights.

When last we saw the chief justice of the United States on the bench, John Roberts was joining with the Supreme Court’s liberals in an unlikely lineup that upheld President Barack Obama’s health care overhaul.

Progressives applauded Roberts’ statesmanship. Conservatives uttered cries of betrayal. [..]

Many people on both the left and right expect Roberts to return to the fold and side with the conservative justices in the new term’s big cases. If they’re right, the spotlight will be back on Justice Anthony Kennedy, whose vote typically is decisive in cases that otherwise split the court’s liberals and conservatives. But Roberts will be watched closely, following his health care vote, for fresh signs that he’s becoming less ideologically predictable. [..]

Cases involving voting rights and marriage equality are expected to eventually land before the court, the former most likely sooner than the latter:

Voting rights: Several challenges to the 1965 Voting Rights Act are moving through district and appellate courts, and the high court is expected to take up one or more.

At issue is Section 5 of the law, a landmark civil rights achievement that prohibits nine states and municipalities in seven others from changing their voting laws without approval from the Justice Department or a special federal court. [..]

Same-sex marriage: The big question as the term begins is whether the justices will accept one or more cases involving the rights of gays and lesbians to marry. If they do, it may offer the best chance for a landmark ruling.

There are two possibilities. The most likely is that the court will accept a challenge to the 1996 Defense of Marriage Act, which has been declared unconstitutional in lower courts and which the Obama administration is refusing to defend. [..]

The other option is for the court to consider challenges to California’s Proposition 8, a 2008 referendum that overturned the state’s support for gay marriage. A broadly worded ruling against the referendum could pave the way for legalized gay marriage elsewhere, rather than just in New York, Massachusetts, Connecticut, Vermont, New Hampshire and Iowa. More likely is a narrowly worded decision that affects only California.

Even if the court declines to hear the Proposition 8 challenge, that decision would be important, because a lower court has ruled against the referendum. Without high court review, gays and lesbians soon could marry in the nation’s most-populous state.

The SCOTUS calendar begins with Kiobel v. Royal Dutch Petroleum a major case about corporate accountability for extreme violations of human rights. The case was argued last term on narrow grounds but not decided.

At issue in the Kiobel case is the proper interpretation of the Alien Tort Statute (ATS), which provides, in relevant part, that foreign citizens may bring civil suits in U.S. district courts for actions “committed in violation of the law of nations or a treaty of the United States.”  Enacted as part of the Judiciary Act of 1789, the ATS lay almost forgotten

for nearly two hundred years.  But in 1980, in Filartiga v. Pena-Irala, the U.S. Court of Appeals for the Second Circuit breathed life into the statute, holding that the ATS conferred jurisdiction over a lawsuit brought by one Paraguayan national against another Paraguayan national (residing in the United States) for torture that occurred in Paraguay.  Since then, victims of human rights violations that occurred overseas have sought to rely on the ATS to press their own claims in U.S. courts.

An affirmative action case that wound its way from Texas will be heard. Under consideration is the court’s previous decisions interpreting the Equal Protection Clause of the Fourteenth Amendment

In Fisher v. University of Texas at Austin, the court will address how and perhaps whether the university can take race into account as a factor in student admissions. In a way, the case is a rehearing of a 2003 case (pdf) in which it ruled that the University of Michigan Law School could do so as part of assessing the whole of a candidate’s application. That decision seemed to reflect a national consensus that race, narrowly applied, could be used to ensure a diverse student body.

Two cases involving the Fourth Amendment involving unreasonable search ans seizure will also be heard:

In Florida v. Jardines, the issue is whether the police violated the Constitution by using a dog trained to smell for drugs to sniff at the door of a house where they suspected marijuana was being grown. Was the sniff test unreasonably intrusive because there was no hard information that illegal activity was probably occurring, as the Florida Supreme Court properly found, or was it not a search because it occurred outside the house?

Similarly, in Missouri v. McNeely, the issue is whether the police could order a blood test on a man suspected of drunken driving without obtaining a warrant because the delay in doing so would result in loss of evidence. The Missouri Supreme Court sensibly ruled otherwise: that the test constituted an unreasonable search because there was no accident to investigate and because there was plenty of time to get a warrant and test the driver’s blood before the alcohol in it dissipated.

Also, two cases that will rule on the right of the defendant to council

Ryan v. Gonzales raises the question of whether the defendant himself needs to be mentally capable of assisting his own attorney in challenging a death penalty conviction. [..]

Chaidez v. United States asks whether a 2010 ruling (pdf) of the court – that criminal defense lawyers must advise their noncitizen clients that a guilty plea carries the risk of deportation – applies to someone whose conviction became final before that ruling was announced.

Yom Kippur comes to a close, and bacon lovers will die much later than they thought thanks to reduced salt and nitrates in their diets.

Pork and bacon shortage ‘unavoidable’ as record drought raises feed costs

Record droughts in the US and Russia are threatening to curtail the world’s bacon supply, farmers in the US and Europe are warning.

So dire is the situation that a world shortage of pork and bacon is “unavoidable” next year, according to Britain’s National Pig Association. And in the US farmers predict pork prices will hit new highs in 2013 as farmers cut back on production due to soaring feed costs.

Across Europe swine herds are shrinking. Ireland’s farmers cut their herd 6.6% in the 12 months to June 2012, Denmark’s fell 2.3%, Germany, Europe’s largest pork producer, cut back 1.3% and there were cuts in countries including Spain, France, Italy, Hungary and Poland.

In the US the cost of bringing home the bacon has almost doubled since 2006, according to economist Steve Meyer at Paragon Economics, and an adviser to the National Pork Producers Council. Consumption is falling as less pork is produced and prices rise, down from 50.8lbs per person per year in 2007 to a predicted 44.16lbs in 2013.

One of the mainstays of many a Sunday dinner is Roast Pork. A favorite is one crusted with garlic and sprigs of rosemary and sage, served with roasted potatoes and carrots. Recent news that because of this Summer’s drought and the rising cost of corn feed, pork will initially be plentiful and inexpensive but the price will rise later. For those lucky enough to have a large freezer, buying a whole pork loin and other cuts, cutting the loin into 2 1/2 to 3 pound roasts and freezing would be an economical idea.

I’ve used this recipe for Roast Pork many times, preparing it both indoors and out on the grill over indirect heat. Hickory charcoal imparts a special flavor to pork. I also like to start the roasting at a high heat, 425ºF, for about 30 minutes to sear in the juices and impart a golden color to the roast.

Roast Pork Loin with Garlic, Rosemary and Sage

Equipment:

   Temperature probe

   Butcher’s twine

   13 x 9 x 2-inch roasting pan

   Aluminum foil

Ingredients;

   4 large garlic cloves, sliced thin

   4 sprigs fresh rosemary

   4 sprigs fresh sage

     Vegetable oil, preferably canola

   1/2 teaspoons coarse salt, Kosher is good

       ground black pepper

   1 2 1/2 to 3 pound boneless pork loin roast, well trimmed

Preparation:

Preheat oven to 425°F. Line 13 x 9 x 2-inch roasting pan with foil.

Pat the roast dry with paper towels. Cut 4 to 6 lengths of Butcher”s twine, long enough to tie around the roast, excess twine can be trimmed, so better too long than too short. Space the ties under the roast but don’t tie them yet. Rub the roast with about a table spoon of vegetable oil. Sprinkle lightly with the salt and pepper. Place the garlic slices over the top of the roast, then lay the sage and rosemary sprigs over the garlic. Carefully tie it all into place, as snug as possible.

Place the roast in the foil lined pan and into the oven. Roast at 425°F for 30 minutes, then reduce oven temperature to 350ºF. Roast until thermometer inserted into center of pork registers 155°F, about 45 to 55 minutes longer. Remove from oven, tent with foil and let stand 10 minutes before slicing.

Serves 6 to 8, or 4 with leftovers for sandwiches.

To make this a one pot meal add red skinned potatoes and carrots to the pan with the roast.

Cut 4 medium potatoes and 4 carrots into 1 1/2 inch pieces tossed with a little vegetable oil, chopped garlic, rosemary, sage, salt and pepper. Add to the pan after temperature after the first 30 minutes of cooking. Or, place in a separate foil lined pan and roast during the last 45 to 55 minutes.

The roast can be served with some of extra Calvados Applesauce that was made for the Apple Tart.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

September 30 is the 273rd day of the year (274th in leap years) in the Gregorian calendar. There are 92 days remaining until the end of the year.

On this day in 1791, The Magic Flute, Die Zauberflote, an opera in two acts composed by Wolfgang Amadeus Mozart to a German libretto by Emanuel Schikaneder, premiered in Vienna at the Freihaus-Theater auf der Wieden. Mozart conducted and Schikaneder played Papageno, while the role of the Queen of the Night was sung by Mozart’s sister-in-law Josepha Hofer. This was Mozart’s last opera.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

The Sunday Talking Heads:

Up with Chris Hayes: Chris’ guests this Sunday are Mona Eltahawy (@monaeltahawy), activist and award-winning columnisr. Eltahawy was arrested on Tuesday night after spray-painting over one of the controversial “anti-jihad” ads appearing in New York City subway stations; Jeffrey Toobin (@JeffreyToobin), author of “The Oath: The Obama White House and the Supreme Court,” senior legal analyst at CNN and staff writer at “The New Yorker“; Nan Aron, president of Alliance for Justice, which she founded in 1979.; Barbara Arnwine, President and executive director of the Lawyers’ Committee for Civil Rights Under Law, member of the National Coalition to Abolish the Death Penalty and Equal Justice Works; Akhil Amar, Sterling Professor of law and political science at Yale University where he teaches constitutional law at both Yale College and Yale Law School, author of “America’s Unwritten Constitution: the Precedents and Principles We Live By“; and Elise Boddie, director of litigation for the NAACP Legal Defense Fund.

This Week with George Stephanopolis: Guests on “This Week” are New Jersey Gov. Chris Christie and White House senior adviser David Plouffe discuss the 2012 presidential race.

The roundtable debates all the week’s politics, with former Mississippi governor and RNC chair Haley Barbour; former Vermont governor and DNC chair Howard Dean, founder of Democracy for America; Democratic strategist and ABC News contributor Donna Brazile; political strategist and ABC News political analyst Matthew Dowd; and POLITICO senior political reporter Maggie Haberman.

Where in the world is George Will?

Face the Nation with Bob Schieffer: Mr. Scheiffer’s guests are New Jersey Gov. Chris Christie; former House Speaker Newt Gingrich; Rep. Marsha Blackburn, (R-TN); the University of Virginia’s Larry Sabato; Democratic strategist Robert Shrum; The Washington Post‘s Bob Woodward; Moody Analytic’s Mark Zandi; former DC Chancellor of Schools Michelle Rhee; and Hedrick Smith, author of the new book “Who Stole the American Dream?”.

The Chris Matthews Show: Bob Woodward, The Washington Post Associate Editor; Kelly O’Donnell, NBC News Capitol Hill Correspondent; Joe Klein,

TIME Columnist; and Katty Kay, BBC Washington Correspondent.

Meet the Press with David Gregory: MTP guests are New Jersey Gov. Chris Christie and White House senior adviser David Plouffe.

The roundtable guests are Conservative activist and founder of the Faith and Freedom Coalition, Ralph Reed; Fmr. Gov. Ed Rendell (D-PA); the BBC’s Katty Kay; and NBC News Political Director Chuck Todd.

State of the Union with Candy Crowley: Ms. Crowley’s guests are Senator John McCain (R-AZ); Obama Campaign Senior Adviser David Axelrod; Maryland Governor Martin O’Malley (D); and Senator Roy Blunt (R-MO).

A panel discussion with Republican Consultant Alex Castellanos, Pollster and Democratic Strategist Celinda Lake, and CNN Senior Congressional Correspondent Dana Bash.

An odd pair of solar system objects will be meeting up in the night sky tonight: the full moon and distant Uranus. You’ve got two opportunities to watch this sweet celestial action go down during two live Slooh Space Camera shows, the first at 4 p.m. Pacific/7 p.m. Eastern and the second at 7 p.m. Pacific/10 p.m. Eastern on Sept. 29. [..]

This weekend’s full moon will be known as the Harvest Moon, since it occurs nearest to the autumn equinox. Uranus will be in opposition to Earth, meaning it will be as close and bright as it can be in the night sky, and will be nearly perfectly lined up with the moon. Amateur astronomers can get a good glimpse at Uranus by aiming just below the moon and searching for the only green star in their field of view.

The Slooh show will be hosted by Patrick Paolucci, who will be joined by Bob Berman, columnist for Astronomy magazine.

h/t Adam Mann at Wired Science

Up host Chris Hayes (@chrishayes) discuses what we have learned since last week with panel guests Jamilah King (@jamilahking), news editor for colorlines.com; Mike Pesca (@pescami), sports correspondent for National Public Radio; Joe Weisenthal (@thestalwart), deputy business editor at BusinessInsider.com; and Bill Fletcher, Jr., co-founder of the Center for Labor Renewal and author of “They’re Bankrupting Us! And 20 Other Myths about Unions.”

School reform’s propaganda flick

by Alexander Zaitchik

The guys behind “Won’t Back Down” stand to profit from education privatization. No wonder the movie hates on teachers unions

The first thing to know about Friday’s opening of the school-choice drama “Won’t Back Down” is that the film’s production company specializes in children’s fantasy fare such as the “Tooth Fairy” and “Chronicles of Narnia” series. The second thing is that this company, Walden Media, is linked at the highest levels to the real-world adult alliance of corporate and far-right ideological interest groups that constitutes the so-called education reform movement, more accurately described as the education privatization movement. The third thing, and the one most likely to be passed over in the debate surrounding “Won’t Back Down” (reviewed here, and not kindly, by Salon’s own Andrew O’Hehir), is that Walden Media is itself an educational content company with a commercial interest in expanding private-sector access to American K-12 education, or what Rupert Murdoch, Walden’s distribution partner on “Won’t Back Down,” lip-lickingly calls “a $50 billion sector in the U.S. alone that is waiting desperately to be transformed.”

‘Won’t Back Down’ Film Pushes ALEC Parent Trigger Proposal

by May Bottari and Sara Jerving

Well-funded advocates of privatizing the nation’s education system are employing a new strategy this fall to enlist support for the cause. The emotionally engaging Hollywood film Won’t Back Down — set for release September 28 — portrays so-called “parent trigger” laws as an effective mechanism for transforming underperforming public schools. But the film’s distortion of the facts prompts a closer examination of its funders and backers and a closer look at those promoting parent trigger as a cure for what ails the American education system.

While parent trigger was first promoted by a small charter school operator in California, it was taken up and launched into hyperdrive by two controversial right-wing organizations: the American Legislative Exchange Council (ALEC) and the Heartland Institute.

Romney ‘I Dig It’ Trust Gives Heirs Triple Benefit

by Jesse Drucker

In January 1999, a trust set up by Mitt Romney for his children and grandchildren reaped a 1,000 percent return on the sale of shares in Internet advertising firm DoubleClick Inc.

   If Romney had given the cash directly, he could have owed a gift tax at a rate as high as 55 percent. He avoided gift and estate taxes by using a type of generation-skipping trust known to tax planners by the nickname: “I Dig It.” […]

   While Romney’s tax avoidance is both legal and common among high-net-worth individuals, it has become increasingly awkward for his candidacy since the disclosure of his remarks at a May fundraiser. He said that the nearly one-half of Americans who pay no income taxes are “dependent upon government” and “believe that they are victims.” […]

   The Obama administration estimates that closing the loophole Romney used would bring the federal government almost $1 billion in the coming decade. [..]

That’s a “laughable” under-estimate, said Stephen Breitstone, co-head of the taxation and wealth preservation group at law firm Meltzer, Lippe, Goldstein & Breitstone LLP. A single billionaire could pay $500 million more in estate taxes if these trusts are shut down by the Obama administration, Breitstone said. [..]

Military’s Own Report Card Gives Afghan Surge an F

by Spencer Ackerman

The U.S. troop surge in Afghanistan ended last week. Conditions in Afghanistan are mostly worse than before it began.

That conclusion doesn’t come from anti-war advocates. It relies on data recently released by the NATO command in Afghanistan, known as ISAF, and acquired by Danger Room (pdf). According to most of the yardsticks chosen by the military – but not all – the surge in Afghanistan fell short of its stated goal: stopping the Taliban’s momentum.

What have you learned this week?