Caperton v. Massey: How Could Four Justices Side with Massey?

OK, I’ll confess a bias: When I was in high school I dreamed of being a lawyer. I liked the idea of argumentation and found that I think like a lawyer. I was cured of this desire when I joined the debate team at George Mason University. I learned that very little time is actually spent in argumentation: most time is spent in libraries going through endless articles and most argumentation is not finding the best argument but rather in burying your opponent in tons of words (with little regard to efficacy).

In any case I still enjoy following how courts rule on different issues and I confess to a dream of someday meeting NPR’s Nina Totenberg. A few days ago I was listening to NPR about the Supreme Court’s recent decision in the case of Caperton v. Massey. Here are the facts of the case:

  • In 1998 Hugh Caperton (President of Harman Coal Company) sued the Massey Energy in West Virginia, claiming they were using fraudulent business practices to run him out of business. In 2002 a jury in Boone County, West Virginia agreed and awarded Caperton the sum of $50 million.
  • Not surprisingly, Massey Energy appealed and the case began to wend its way up through the courts. During this time (in 2004) West Virginia Judge Warren McGraw was running for reelection as a judge in the West Virginia State Court of Appeals. Massey’s CEO was Don Blankenship and he began to campaign against Judge McGraw. I’ve been reading articles on this case and I can’t find any previous relationship between Don Blankenship and Judge Warren McGraw.
  • In any case, Don Blankenship began to back another candidate, Brent Benjamin, for the office. In fairness, Blankenship had given money to political campaigns before, but the sums were small. With Benjamin running for office, however, he donated $3 million
  • The campaign against McGraw turned ugly: a web page called …and for the sake of the kids accused McGraw of voting “to let a child-rapist out of prison, and court records show the plan called for the rapist to work at a local school.” Not surprisingly, Brent Benjamin wins the election and gains a seat on the West Virginia Court of Apppeals.
  • Drum roll everyone: the case of Caperton v. Massey came before the court. The lawyers for Hugh Caperton asked Judge Benjamin to recuse himself as his position was due in large part to the generosity of the defendant, Don Blankenship. He refuses.
  • Another drum roll: The court reversed the decision by a 3-2 vote with Judge Benjamin voting for the majority.
  • Final drum roll: Hugh Caperton continues to appeal, arguing that Judge Benjamin is biased and should have recused himself. Eventually it reaches the Supreme Court who agrees to accept the case.

Now it becomes news. The Supreme Court finds that there is always going to be a fuzzy line with elected judges, but wherever the line falls, this is way beyond it. In the 5-4 majority opinion, Justice Anthony Kennedy ruled that Justice Benjamin should have recused himself: “Just as no man is allowed to be a judge in his own cause, similar fears of bias can arise when — without the consent of the other parties — a man chooses the judge in his own cause.” The opinion recognized that there may some fuzziness and there may need to be other rulings but this case was too far over the line.

The minority opinion used what I call the “Pandora’s Box” rational. Chief Justice John Roberts based his opinion on the fear of where this might go. Would Justice Benjamin have to recuse himself if the contributions were smaller? etc.

This clearly will begin an increase in litigation over judicial bias but I don’t necessarily think that’s a bad thing. The election of judges opens the door to all sorts of questions and the fact that it can’t be settled in one case doesn’t mean it isn’t worth doing.

The Long and Winding Road: Our Journey with Contractors

First the good news: the project is finally completed. When our last cat Kirby died in March we realized this was probably our best opportunity to get some projects completed in the house. Our home was built in 1969 and has been well taken care of. The previous owner sank a great deal of money into the kitchen and that was one the things that attracted us to the house. We were, however, a little puzzled that the master bathroom had not been touched and had all the original fixtures. We’d known for a long time that we wanted to update it.

We also thought this was a good time to replace the flooring. Most of the house (except the kitchen and bathrooms) had hardwood flooring and while we like not having to care for carpeting, it was time for a new floor. We like the look and feel of bamboo flooring and also like that it is “green” (ie, more renewable than other hardwood floors).

We also had a good contractor in mind. They are friends (actually she is Nancy’s brother’s ex girlfriend, but “friends” is an expansive term). That meant we trusted them to work on our house when we were on vacation the beginning of May. We realize what a gift we had that we could leave town and know the job was getting done. The original hope was that they would start work the day we left and by the time we were back the floor would be complete and the bathroom would be mostly complete. We expected it to take 2 to 3 weeks.

We should have known better; it’s finally finished after about 5 weeks. In the interim it’s been a comedy of unforeseen/unforeseeable delays and errors on the parts of some of the suppliers. The bathroom pretty much went as planned and that wasn’t the problem. The flooring, on the other hand, was a different story.

Here’s how it went from my memory:

  • The first part of the job was to remove the old flooring. That’s normally a pretty easy process as there are standards on how floors are laid in the beginning. However, whoever laid the original flooring used some kind of glue or cement that I can only describe as Kryptonite that went directly on the slab under the house. The guys who were doing the job had to literally jackhammer the old flooring off. About the time the floor was supposed to be completed they were about 75% of the way toward removing the old floor.
  • They underestimated the square footage of the flooring they needed to order. We asked for some decorative work to be done just inside the front door and this threw off the estimate. This meant that when they were completing the job they ran out of wood with only 2/3 of the spare room done. The whole thing had to stop while more flooring had to be ordered and shipped from the East Coast.
  • Here’s where it actually gets frustrating: Ordering more of something that you’ve already ordered should be a fairly simple job. But the flooring people (and let’s be clear here, not the contractor) ordered the wrong stuff three different times. Each time it had to be sent back and the new order had to wend it’s way across the country. Oh yes, and when the correct stuff did arrive, it needed to “season” in the house for 3 days before it was installed.

Again, the end result was excellent and we are pleased with the flooring, but exasperated at how long it took. What was supposed to be finished around May 10th wasn’t done until June 5th. And again, to be fair, we were thrilled with the contractors and highly recommend them (let me know if you need a reference) and they have learned to stop using these flooring guys. Also, I was clear that I’d rather have it done right than fast and didn’t accept any suggestions of shortcuts.

We’re glad it’s over. Next step: a new cat. Stay tuned.

Happy Belated Birthday to my Prius

Three years ago on March 17th I bought my Prius (OK, before you start thinking I’m some kind of savant who can multiply huge numbers in my head or know what day of the week Jesus was born, I remember this date only because it’s also my sister’s birthday). As of the 17th I had 78,636 miles. That comes out to 26,223 miles per year, down from 26,950 per year last year. I expect my mileage to go down dramatically next year. I’ve changed territories at work and drive much fewer miles: I now see patients in La Jolla, University City, and Point Loma.
In any case, I still enjoy the car, still enjoy the karma, and still enjoy the sticker that allows me to use the carpool lanes even if I’m alone.

Happy Birthday President Lincoln

I pray no American isn’t aware of this, but 200 years ago today Abraham Lincoln (1809-1865) was born in Hardin County, Kentucky. He was a great man at a time when our nation needed a great man and it’s hard to imagine what our nation would look like if he hadn’t been there.

He is also a man of great paradoxes. If you haven’t read Team of Rivals I suggest that you do. Doris Kearns Goodwin is an superb writer and she gives an excellent portrait of Lincoln. The point of her book is that when newly elected President Lincoln was choosing his cabinet he chose the men who ran against him for the Republican nomination. They were more than simple rivals: they disliked him and never took him seriously as an opponent. The fact that Lincoln selected them and eventually won them over shows how secure a man he was.

On the other hand, he had deep periods of depression earlier in life. The love of his life, Ann Rutledge died at 22. Lincoln was sent into a depression so deep that his friends put him on what we would call a suicide watch. In 1841 he wrote this to his first law partner John Stuart: “I am now the most miserable man living. If what I feel were equally distributed to the whole human family, there would not be one cheerful face on the earth. Whether I shall ever be better I can not tell; I awfully forebode I shall not. To remain as I am is impossible; I must die or be better, it appears to me.”

After Ann’s death he married Mary Todd Lincoln and they had four sons; only one survived into adulthood and there are no living descendants of Lincoln. More is the pity as this was a gene pool that would have benefitted the world.

Take some time to read his Second Inaugural Address and The Gettysburg Address.

The Day Has Arrived

No doubt about it: yesterday was a historic day. I hope that years from now all of us will remember where we were when President Obama was inaugurated as our nation’s 44th President. Nancy and I, alas, couldn’t watch it as we were traveling to Yosemite National Park for our annual Chef’s Holidays trip. We were able to listen to it compliments of National Public Radio and we’re grateful for that.

Yesterday’s events held meaning for so many people on so many levels it’s hard, even a day later, to encapsulate all the emotions. As I said in a previous post, I always believed we would have a President of African descent in my lifetime and in that sense this isn’t much of a surprise. I was raised to always believe racism to be a sin and I believed that our nation wouldn’t keep excluding the gifts and talents of all our men and women of color. That said, perhaps the most moving part of yesterday was hearing from the aging generation who still vividly remembers segregation, and how grateful they are to live long enough to see this.

For me the inauguration of President Obama has less to do with race and more to do with hope. His inaugural address struck several chords with me. Here are a few excerpts:

  • On this day, we gather because we have chosen hope over fear, unity of purpose over conflict and discord.
  • In reaffirming the greatness of our nation, we understand that greatness is never a given. It must be earned. Our journey has never been one of shortcuts or settling for less. It has not been the path for the fainthearted — for those who prefer leisure over work, or seek only the pleasures of riches and fame. Rather, it has been the risk-takers, the doers, the makers of things — some celebrated, but more often men and women obscure in their labor — who have carried us up the long, rugged path toward prosperity and freedom. For us, they packed up their few worldly possessions and traveled across oceans in search of a new life.
  • The state of the economy calls for action, bold and swift, and we will act — not only to create new jobs, but to lay a new foundation for growth. We will build the roads and bridges, the electric grids and digital lines that feed our commerce and bind us together. We will restore science to its rightful place, and wield technology’s wonders to raise health care’s quality and lower its cost. We will harness the sun and the winds and the soil to fuel our cars and run our factories. And we will transform our schools and colleges and universities to meet the demands of a new age. All this we can do. And all this we will do. (emphasis mine)
  • Nor is the question before us whether the market is a force for good or ill. Its power to generate wealth and expand freedom is unmatched, but this crisis has reminded us that without a watchful eye, the market can spin out of control — and that a nation cannot prosper long when it favors only the prosperous. The success of our economy has always depended not just on the size of our gross domestic product, but on the reach of our prosperity; on our ability to extend opportunity to every willing heart — not out of charity, but because it is the surest route to our common good.
  • As for our common defense, we reject as false the choice between our safety and our ideals. Our Founding Fathers, faced with perils we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man, a charter expanded by the blood of generations. Those ideals still light the world, and we will not give them up for expedience’s sake.

OK, maybe I should have included the whole address.

Finally, you can see some changes in this page. I did take down the countdown clock of the last President’s administration, but for the time being I’ve edited it to be the days since this inauguration. I may leave it up indefinitely or I may take it down after the first 100 days; I haven’t decided yet. I’ve also added the new White House blog under “political blogs.” I found it this morning; it seems that Macon Phillips, the Director of New Media, will be keeping a blog. I’ll be interested to read his stuff.

That’s all for now.

My Hopes for the Next Four Years

I’m writing this a few days before the Inauguration. As I’m looking over my web page I’m realizing that I should take down the countdown clock; I could take it down now, but I want to see “0” just once. It will come down soon. I’m also thinking about taking down the Bert and Ernie terror alert level. It’s a spoof of the Department of Homeland Security’s Terror Alert Level. It’s an easy thing to spoof and I hope it’s one of the things that President Obama eliminates.

We’re hearing that the President Elect is planning on closing the prison at Guantanamo. This is nothing but good news; I’m one of the people who have been troubled by the fact that our government, in complete disregard of the 4th Amendment has imprisoned people without due process, representation, or opportunity to have their case heard.

There is much to write here as it has been a long 8 years. The bottom line is that I pray we once again become a country that lives its dreams and not its fears. We are in a bad place economically and I don’t expect we are going to inaugurate a Messiah who will fix things overnight. But I do think we are, at the very least, turning the ship of state back to a good direction. I ask that we all pray for him.

Exit Thoughts on 2008

It’s been a while since I’ve posted; I keep thinking that someday I’ll have the time to post on a more regular basis.

It’s been quite a year; the most important news is good: George W. Bush leaves office in 20 days and Barack Obama will take the helm. It’s been a long 8 years and I believe the country has suffered greatly under the Bush years. He believes that history will vindicate him and his reputation (like Harry Truman’s) will improve. I, on the other hand, believe in 20 years it will be hard to find anyone who will admit that they voted for him.

Much of the rest of the news is bad. It’s hard to believe what’s happened to the economy in the last year. Wall Street will be open tomorrow and these numbers will change, but not significantly. Stocks in the Dow Jones Industrial Average have declined nearly 35% this year. Unemployment is up and it appears we are in the beginning stages of a long and painful recession. As for Nancy and me, our portfolio has gone down 28% (even with our contributions to our retirement plans). My employer, San Diego Hospice, like many nonprofits, is feeling the twin blows of decreased donations and declining stock portfolios. So far they’ve announced no payraises in 2009 as well as no employer contributions to our 401(k)’s. We’ve also had some layoffs in the bereavement department. It appears my job is safe though.

Speaking of jobs, there has been some good news in that department. In February I’ll celebrate 4 years at San Diego Hospice (and I just passed 11 years as a hospice chaplain). For the past 3 years I’ve been a preceptor: I’ve been one of the chaplains who has mentored new chaplains in the agency. I’ve found that I really love meeting and mentoring new folk. I appear to have some success: of the 7 new chaplains I’ve mentored, all are still with the agency. I’ve been asked if I’m interested in going up the ladder in management, and while that’s flattering I have no desire to do that. Last month ago the agency decided to come up with a new classification: advanced clinician master preceptor. We are developing two teams where everyone (nurse, social worker, home health aide, and chaplain) is a preceptor and will mentor new employees as a team. This sounds complicated as I’m describing this, but let me say this: I applied for one of the positions and was accepted into the program.

This is really the best of both worlds as I will continue to see patients and do more mentoring. I’ll also be working on a team where all of us are advanced clinicians. Since there are two teams, I’ll be working with another chaplain and it’s someone I work well with. The teams will be working closely together to develop curricula, not only for new employees, but for the agency as a whole. I’ll be working on a nursing home team (not a home team) and I haven’t worked in nursing homes since I was with Odyssey over 4 years ago. As I told my new boss, there will be a definite “remembering curve.” I’ll also be working at nursing homes much closer to home which will give my Prius a break.

One of the reasons I haven’t posted in a while is that I was down with a bad case of pertussis, also known as whooping cough. I came down with it the beginning of November, and ironically enough, my worst day with it was election day. As I told Nancy, I never remember being this sick, and the day I’ve been anticipating for 8 years was not even a day I could celebrate well. It was horrible and I can’t imagine what it must be like for infants and children. It’s not hard to imagine how this can be fatal in infants. I missed a week and a half of work and probably came back too soon. Even now I have an occasional coughing fit. It was probably exacerbated by my asthma but even so, my heart goes out to anyone who has this illness. It’s good to be feeling better.

Finally, let us all pray that 2009 is a good year for all.

T Plus 5 Days and Counting

I’m writing this on Sunday night after the Presidential election. I hope everyone knows this, but Barack Obama defeated John McCain last Thursday. The popular vote was 65,431,955 (53%) for Obama and 57,434,084 (46%) for McCain. In the electoral map, Obama won 364 electoral votes vs. 173 for McCain (different news organizations have different numbers, but they are close enough for my doing). As a sidebar I looked at some of the web pages of the independent candidates I listed on my page. I wasn’t able to find much information on how many votes they received, and I have to say that as a group they are not gracious losers. I didn’t see any of them offer their support or prayers to the new president; none of them took a page from Senator McCain’s gracious and benevolent remarks.

In any case it’s still hard to believe that the campaign really is over. With all the buildup, all the twists and turns, it didn’t take long on Tuesday night to have a winner. By the time our polls closed at 8PM local time the networks knew and shortly after 8 the race was over. We had some friends and family over and when Senator Obama was announced we all looked at each other in disbelief.

Since then there has been an outpouring and it’s moved me to tears several times. I grew up in Virginia and thought I was aware of racial politics and beliefs but I was not prepared for the welling of emotion over the election of an African American man for President. I guess I was one of the few people of my generation who did believe I’d see an African American President in my lifetime (mostly at this point I’m still getting my head wrapped around the fact that Obama is younger than me). On the other hand “knowing I’ll see it happen someday” is very different from actually experiencing it. I’ll never forget the faces in the crowds in Grant Park in Chicago where thousands gathered. This time just feels so . . . hopeful.

I say this against backdrop of the horrible racial politics that the other side attempted. I wrote about this a few days ago, how blogs all over the country were trying to portray Obama as an outsider with a “secret agenda” who is “not one of us” and “secretly wants to destroy America.” These words make his victory all the sweeter in that this type of ignorance didn’t work.

The dark spot of the election for me here in California was the passage of Proposition 8. Last May the California Supreme Court ruled that it was unconstitutional for California to deny marriage to same sex couples; almost immediately groups in and out of the state began this proposition to change the state constitution to define marriage as only for heterosexual couples. It passed by a thin margin. I’m not sure where it goes from here, but it does strike me as unfair that the state constitution can be changed by a simple majority on a proposition. By contrast, the U.S. Constitution can be amended only after a two step process: a resolution is passed by 2/3 majority of the House and Senate, and is ratified by the state legislatures of 3/4 of the states.

The supporters of Prop 8 disagree with me on this reasoning but I do draw a line from this to the debate about interracial marriage that took place last century. Until 1967 (in the case of Loving vs. Virginia) it was against the law in several states for people of different races to marry. The Supreme Court argued here that there was no constitutional right to define marriage as between people of the same race.

The landmark Supreme Court case in the civil rights era is Brown vs. Board of Education, 1954. What is not well known is that it overturned a previous Supreme Court case, Plessy vs. Ferguson, 1896. In the Plessy case the Court ruled 8-1 that it was permissible to allow “separate but equal” facilities. The Brown case, 58 years later, argued that separate is inherently unequal and there can be no double standard.

That’s the issue I have with those who hold that our gay brothers and sisters still have domestic partnerships. The argument is that they have this provision and marriage can still be reserved to a man and a woman. Only it can’t. Justice Warren in 1954 was right: separate is simply not equal.

So let’s take a moment to celebrate Barack’s victory, but then remember that we still have work to do.

Today's the Day

8:00 PM Western Time (Midnight in the East, 0400 GMT)

It appears to have happened: NBC, ABC, CNN have all declared Senator Obama as our next president. The polls have just closed on the West Coast and the Obama support has been strong enough to declare California, Oregon, and Washington for Obama. It also appears that my home state of Virginia will go for Obama. I’m watching the celebration from Grant Park in Chicago and it’s jubilation. As an aside, we haven’t seen the McCain headquarters as they are in the Phoenix Biltmore and it’s closed to the public. No more need be said.

OK, maybe more can be said. It’s been a long 8 years for many of us and President Elect Obama has a great deal of cleaning up to do. He will certainly need our prayers in the years ahead. Whatever has been said about the “color barrier” this is a historic moment and years from now I’ll remember this moment. But more than that, I believe he is the man who will best be able to reunite our country.

6:00 PM Western Time (9:00 in the East, and 0200 GMT)

Every hour brings new states that have closed their polls, and things continue to look up for Sen. Obama. NBC has 175 Electoral Votes for him and 76 for Sen. McCain. He appears to have some downticket momentum. John Warner (R-Va.) retired and it has gone to Democrat Mark Warner (no relation). That wasn’t a surprise but it was a surprise to see that incumbent Senator John Sununu (R-NH) was defeated by Jean Shaheen and incumbent Elizabeth Dole (R-NC) has been defeated by Kay Hagan. We’re a long way off from this, but there is an outside chance that the Democrats will have 60 seats in the Senate.

That’s important because of the role of the filibuster in the Senate. Any Senator can block discussion or a vote on any bill simply by taking the podium and not giving it up. It takes a vote of at least 60 senators for “cloture” to end the filibuster. The Democrats currently have a majority if the Senate but they don’t have 60 seats and the Republicans have been able to effectively block a great deal of progress. Assuming Sen. Obama wins, if he has a 60 seat majority in the Senate, he will have a tremendous opportunity to move us beyond the Bush years.

4:45 PM Western Time (7:45 in the East, and 2345 GMT)

Well it’s already started: as I write this Kentucky and South Carolina have gone for Sen. McCain and Vermont for Sen. Obama. None of these were surprises, though perhaps if South Carolina had gone for Obama, the race would pretty much have been over by now. As of now, McCain is ahead 16 electoral votes to 3 (at this point I’m watching NBC; other networks have different totals).

1:30 PM Western Time (4:30 PM in the East, and 2130 GMT)
OK, so at long last it’s here: Election Day 2008. My countdown clock goes until January 20, 2009 because that’s how much longer President Bush is in office. Sometime within the next few hours we’ll know who the President Elect is, but he won’t take office for another 76 days.

In the next several hours I’ll be making some changes on my web page. Primarily I’ll be removing the names of the candidates running for President. Keeping track of this has turned into a bit of a nightmare and I have only myself to blame. At the beginning of the primary season I hoped to list not only the major candidates of the major parties, but anyone I could find who announced candidacy for President. At first it wasn’t too bad as I was able to find most of what I wanted from Google or Wikipedia. It became more complicated when candidates would lose their primary and announce that they had either switched to another party or decided to run as independents. It also became clear that some of these candidates weren’t putting in much effort as there were no changes in the web pages over the course of the race. In any case, after tonight nobody is running for president in 2008.

I’m planning to keep most of the other boxes on the left side of the page. I’ll probably get rid of the Bert and Ernie terror alert level; it was a parody of the White House’s color coded terror alert level and I don’t know anyone who keeps track of that now.

I’ve been keeping track of the US combat deaths in Iraq with a counter I downloaded from antiwar.com. It doesn’t look like we’ll be out of there anytime soon and I’m inclined to keep it there as long as our troops are there. Unfortunately I can’t seem to find a counter for deaths in Afghanistan; if I do I’ll add it. There are counters who attempt to keep track of deaths of US civilian contractors and Iraqi civilians but the Bush administration has been successful in keeping that information private and the counters aren’t very accurate.

As long as I’m housecleaning I’m making some changes on the right column too. Primarily I’ll be getting rid of some of the personal blogs that either no longer exist or now require permission to read.

I’m going to write several times during the night as the voting comes in. Right now there isn’t much as the first polls don’t even close for another 2 1/2 hours.

Nancy Means Business

A few weeks ago Nancy got word that she had been nominated for an award called “Women Who Mean Business.” It’s sponsored by The San Diego Business Journal and every year they choose women who are leaders in their fields. Last night was the awards dinner and Nancy won the award for Community Service. This was her nomination:

Dr. Nancy Graff graduated with a B.A. and M.D. from UC San Diego. After completing residency at UCLA, she returned to San Diego as a fellow at the UCSD Division of General Pediatrics in 1990. She is currently a clinical professor at the UCSD School of Medicine. Graff has always wanted to be sure that everyone has a voice, especially those who can’t fight for themselves. For that reason she decided to focus her career on the prevention of family violence and the health and well-being of children in the foster care system.

Acknowledged as an expert on child abuse, Graff has served as the medical director of the Polinsky Children’s Center clinic since 1994. In this position, Graff meets the needs of children suspected of or found to be at risk of child abuse. Since returning to San Diego for fellowship since 1990, she has also addressed the needs of children and families at El Cajon Community Clinic, The Birthplace and Hillcrest Receiving Home. She worked closely with UCSD’s Academic Center of Excellence on Youth Violence Prevention for a number of years. While working with the center she developed and now leads a Youth Violence Seminar for medical students

Graff directs two programs at the UCSD Division of Community Pediatrics. As the director of Pediatricians and Communities Collaborating Together, a residency training program, she ensures that San Diego’s future pediatricians will competently practice culturally appropriate medicine, as well as understand appropriately respond to and prevent family violence. Graff also directs a program that provides varied developmental and behavioral services for children 0-5 and their families, including developmental/behavioral screening, assessments and evaluations

Graff serves as the State Governmental Affairs Representative for Chapter 3 of the American Academy of Pediatrics (AAP) and has chaired the chapter’s Committee on Child Abuse and Neglect since 2002. Currently Graff sits on the San Diego County Juvenile Policy Group Healthcare Committee and is a member of the following Domestic Violence Fatality Review Team, Developmental Screening and Evaluation Project Advisory Board, and San Diego County’s Fetal Infant Mortality Review Advisory Board and Case Review Workgroup. Graff has served on the board of La Cuna, a nonprofit foster family agency that places Latino babies in healthy and loving homes, and is a past chair of the AAP’s Community Access to Child Health Committee.

Graff has participated in the AIDS walk and the AIDS bicycle ride from San Francisco to L.A., where she volunteered as a member of the crew. Graff is also a member of Childrens’ Health is a Legal Duty (CHILD), which fights for the rights of children whoa re prevented from receiving health care due to their parents’ religious beliefs. Consistent with her beliefs that all children deserve health care, she has gone beyond the expectations of a pediatrician to simply treat ailing children, to fight for all children at a policy level.

Not a bad night, all things considered. It’s nice to see that the greater San Diego community recognizes what I’ve known all along: she’s an incredible person (and a terrific wife by the way).