On This Day 150 Years Ago: A Bad Day

My last post celebrated a good day: the day the Civil War ended. Our newly reunited nation rejoiced and nobody was more grateful than our President, Abraham Lincoln. Even before the war ended he was outlining the plan to bring back the states that wanted to secede. He articulated a process that would echo the Biblical parable of the Prodigal Son.

In one of the cruelest twists in American history, a man who hated Lincoln killed him 150 years ago today. John Wilkes Booth first devised a plan to kidnap the president as a bargaining chip to force the Union to ransom him in return for Southern emancipation. When the South surrendered on April 9th, Booth’s plan lost its purpose. Booth, a frequent actor at Ford’s Theater, found out on the morning of April 14th, that President Lincoln would attend the play This American Cousin that evening. He took that opportunity to kill Lincoln instead of kidnapping him. The plan was greater than that. He devised a plan where he would kill President Lincoln. George Atzerodt would kill Vice President Andrew Johnson, and Lewis Powell would kill Secretary of State William Seward.

George Atzerodt got drunk and didn’t attempt to kill Johnson, Powell was able to wound but not kill Seward, and only Booth carried out his mission.

Booth was shot to death on April 26th. Azerodt and Payne were executed on July 7th (along with Mary Surratt and David Herold)

On This Date 150 Years Ago the Civil War Ended

On April 9, 1865 two men met at Appomattox Court House and signed a document that silenced thousands of guns and ended possibly the worst era in our history.

Confederate General Robert E. Lee (1807-1870) surrendered the forces of the Confederate States of America to Ulysses S. Grant (1822-1885) and the Grand Army of the Republic.

Four years earlier the nation was torn apart when eleven states succeeded from the union in an effort to preserve states’ rights and slavery. Neither side expected the other to last long and both expected to win the war handily. The union didn’t think the confederates had the resources or commitment to fight a long war and the confederates didn’t think the union had the desire to preserve the union. They were both wrong.

By the winter of 1865 the nation was in shambles. About 620,000 soldiers died from combat, disease, or starvation. The confederates suffered the lion’s share and its troops were starving. General Lee recognized that he had no choice and asked for terms of peace. He had no idea what that would mean for him or his troops.

General Grant rose to the occasion. He told General Lee that his troops could go home (and not be prisoners). His officers could keep their sidearms. And the union troops fed the starving confederate troops. You can read more about this in an article written by Douglas Brinkley.

In fairness this was not their first meeting. They were both graduates of West Point (Lee in 1829 and Grant in 1843). They fought together in the Mexican American War from 1846 to 1848. As a matter of fact when they met at Appomattox they began to talk about that war.

Libraries have been written about this day but I have two recommendations. Bruce Catton (1899-1978) wrote several books on the Civil War and his last volume recounts the last days of the war. It’s called A Stillness At Appomattox. My next recommendation is a work of fiction that details a man who is walking home from the war. Cold Mountain by Charles Frazier gripped me from page one.

The Justice Chronciles, Volume 19: 50 Years After Selma and We're Still Not Done

Today is the 50 anniversary of the day most Americans heard about Selma, Alabama. March 7, 1965 was a rough day.

The events actually began on February 18th when a 26 year old black man named Jimmie Lee Jackson (1938-1965) was shot to death by an Alabama state trooper. Mr. Jackson, a deacon in his church, was trying to protect his mother from being beaten up. This incident, combined with the institution of segregation and roadblocks placed to make sure people of color could not register to vote, boiled over. Dr. Martin Luther King, Jr. (1929-1968) and his organization the Souther Christian Leadership Conference, together with the Student Nonviolent Coordinating Committee organized a march from Selma to Montgomery, Alabama, the state capital 50 miles away.

But on their way out of town they were stopped at the Edmund Pettus Bridge and attacked by law enforcement. It’s worth noting that the bridge was named for a real person. Edmund Pettus (1821-1907) was a Confederate General and U.S. Senator, but is most well known for his time as a Grand Dragon of the Ku Klux Klan. The bridge was completed in 1940.

National reporting of the that event, often called “Blood Sunday” shocked the nation and led to the passage of the Voting Rights Act of 1965 that legislated equal rights for people of all races.

So 50 years later how are we doing? On one hand very well. Nowhere in this country can you deny someone the ability to register to vote because of his or her race. Neither can you refuse to do business with someone on this basis. Our schools and neighborhoods can’t refuse admission to anyone and we even have an African American President.

But there is still work to do. A poll taken in January shows that 34% of Republicans believe our President isn’t really an American.

An article in today’s Los Angeles Times describes how two police officers and a court clerk lost their jobs over emails. This takes place in Ferguson, Missouri, a town that doesn’t need any more bad news. One email compared President Obama to a chimpanzee; another stated that he wouldn’t be in office for very long because a black man can’t hold a job. Finally one email reported that a black woman was paid to have an abortion as an anti crime measure.

In Selma the famous bridge is still named after the Grand Dragon of the KKK. And if that weren’t enough, in 2000 the city paid for a statue of Nathan Bedford Forrest (1821-1877), one of the founders of the KKK.

My thoughts and prayers are still for Mr. Jackson. You can see a tribute to him here.

Yosemite 2015: Fun, Too Warm and Dry, and Tinged with Sadness

I write this a few hours after Nancy and I returned from our annual pilgrimage to Yosemite National Park for its annual Chef’s Holidays. We’ve been going for several years and have always enjoyed it. Their staff is second to none and now several of them recognize us. It’s three days of good hiking, superior food, and an opportunity for Nancy to interact with some of the best chefs in the country.

That said we did see some disturbing things there. First was the weather: the elevation on the valley floor is nearly 4000 feet above sea level and from there we can see peaks of over 8000 feet. Several times over the years we’ve seen snow on the valley floor and I don’t remember ever not seeing snow on the top of Half Dome; this year we didn’t see any snow that high. To be fair Half Dome has had snow this season but it melted within a few weeks. Simply put it’s too warm.

It’s also too dry. Much of California has been suffering a drought for a few years. Precipitation that falls as snow in the higher elevations gives the rest of us water for much of the year as the snow melts and flows down to lower elevations. We can see this clearly in Yosemite Valley through the falls, Bridalveil and Yosemite being the most common. Water flow changes dramatically during the year, but they should be fairly robust at this time of year and they weren’t. This past year wildfires have come dangerously close to popular areas of the park. It’s hard to imagine but there is no way to avoid the reality that climate change is badly affecting the park.

My next concern follows from a conversation we had with one of the park rangers. We often joke with park rangers about silly questions they get from park guests, but a few struck me as more concerning than silly. The ranger was walking along a trail and met a group of hikers; she told them that she saw a bobcat nearby and hopefully they would too. One of the hikers said: “Oh, did you just let him out?” Later that season (in the autumn when the falls often run dry) a woman asked her to “turn on the falls” since she had come all the way from England.

Both these encounters point to a troubling reality: we’ve become so acclimated to being spectators in a planned experience that we don’t recognize when we are truly “in the wild.” I call this the “Disney effect.” Instead of going into the wilderness and observing what nature has to teach us, we think that the whole thing is a staged event we can manipulate. Do you want to see the falls? Don’t worry that you’ve come at a time of year where water rarely falls, we can turn it on. Do you want to see one of the native animals? Let us know and we’ll release him.

This reality robs us of the opportunity to do exactly what the early Yosemite caretakers wished: to see how natural beauty and breathtaking scenery can transform our lives long after we leave the valley. John Muir (1838-1914) and countless others dreamed of a place that would teach us, not entertain us. They wanted us to leave the valley with a greater understanding of and respect for nature; this understanding and respect would compel us to treat the rest of the earth with the wisdom we gained there. It has with me, and I hope it has with others.

At the beginning of this post I spoke of a “tinge of sadness.” On our trip to Yosemite I received word that my Aunt Eva died after a short illness. She was married to my father’s oldest brother, Uncle Ed. Aunt Eva was a wonderful woman. She was born in Gardner, Massachusetts to immigrants from Kent County, New Brunswick (Canada). She married Uncle Ed in 1952 and had two of my favorite cousins: David and Terry. I don’t remember visiting Gardner (as a child or an adult) without a trip to 69 Baker St. I also don’t remember not being treated to her famous fricot. If you’ve never had the joy of eating fricot you need to put this on your bucket list. It’s not a dish for the wealthy. It’s a dish for good, hardworking people who want a simple, elegant meal at the end of a hard day’s work. It always made me feel loved, and in touch with those ancestors whose hard work made my success in life possible. Aunt Eva, I’ll miss you.

We Are All Ferguson

Today is Thanksgiving Day, but many of us can’t shake the images we’ve been seeing from Ferguson, Missouri.

For those living under a rock, take heart: almost none of us had heard of this suburb of St. Louis before August 9, 2014. On that date police officer Dennis Wilson responded to a call of a young black man stealing cigarillos from a local store. Arriving on the scene Officer Wilson found two young men walking in the street, one of whom (Michael Brown) fit the description of the man who stole the cigarillos. Two minutes later Officer Brown had redness and swelling on his right cheek and Mr. Brown was dead from at least six gunshot wounds.

Protests began almost immediately. Many in Ferguson, and elsewhere, believed Mr. Brown was killed by law enforcement because he was a young black man. Had he been white he would still be with us.

This perception was exacerbated by the fact that the city of Ferguson is 69% black (according to the 2010 census) while the police force is 6% black. This is due, in no small part, to the changing demographics in Ferguson. In 1980 the population of Ferguson was 85% white, but by 2010 it had plummeted to 30% (I got this from a New York Times article).

This led to a perfect storm where the majority of the population was black while the majority of law enforcement was white. I call this a perfect storm because it brings back reminders of the history of slavery. From 1630 to 1865 the majority of Africans experienced America as a place of enslavement. From 1865 to the present day many of them have experienced America as a place of discrimination.

This is not universal and the fact that our President is African American gives us proof that we live in a nation that accepts people of different races.

That said we should never forget that discrimination continues to exist and seemingly random events focus us toward this reality.

The events of August 9th gives us just this reality. In the last few days I’ve read some of the testimony of the grand jury (and I encourage you to do the same. You can access much of the testimony on this New York Times article).

It’s a complicated series of events but after reading Officer Wilson’s testimony I believe he acted properly. I think he had a reasonable fear for his life and did what he had to do.

At the same time I continue to understand that much of the protest is justified. This isn’t about Michael Brown and Darren Wilson: it’s about the state of race relations in the United States. And it has to be talked about.

All of my experience of law enforcement have been positive but mine is not everyone’s experience. People of color (of all ages) recognize “the look.” They know that they come under extra scrutiny when they walk into a convenience store and countless of them have had experiences with law enforcement that I would find more bewildering than offensive.

And when someone like Michael Brown is shot to death it feels like an attack on an entire community. I briefly lived in Memphis several years ago, less than a mile from the Lorraine Motel where Martin Luther King was assassinated in 1968. I remember speaking with people from the neighborhood who lived there then. They felt that his assassination was the first shot in a war against them and this feeling was exacerbated when they saw National Guard troops in tanks rolling into the neighborhood. The residents of Ferguson certainly had the same feeling when they saw the National Guard roll into their town with weapons from the 1033 program. The 1033 program provides local police departments with weapons designed for warfare. If you’re in law enforcement it’s free stuff; if you’re a minority it looks like you’re unarmed and at war with someone who wants you dead.

We also need to view these events against another reality: race relations in this country are riddled with crimes against people of color where justice was promised but not delivered. In 1963 the civil rights pioneer Medgar Evers was shot to death in his own front yard. His killer was not convicted until 1994. That same year four young girls were killed when dynamite was placed under the washroom of their church. The first of the bombers was not convicted until 1977; two more were convicted in 2001 and 2002 (a fourth died in 1994 before he could be brought to trial). In 1964 three civil rights workers were slain in Philadelphia, Mississippi. In 1967 seven men were convicted but none of them served more than six years.

All these cases involved lies from law enforcement that these crimes would be investigated. I ambivalent about this, but I’ve been reading about the charge that the district attorney in Ferguson convened the grand jury with no interest in indicting Officer Wilson.

I write this with a certain amount of discomfort, and maybe that’s the point. The events of Ferguson in the last three months has shown a light on a topic many of us would like to ignore: we’re not done working to achieve true harmony of skin color.

As long as I don’t get “the look” when I walk into a store but someone else does, we’re not done. As long as I see a peace officer and feel protected while another looks at the same peace officer and feels unsafe, we’re not done. And as long as anyone believes the end of slavery 149 years ago means we’re done, we’re not done.

It's Been a Few Days and I'm Feeling a Little Better

On Tuesday night I stopped blogging at 8PM, mostly because all the news coverage was all about the stunning Republican landslide. The idea of Republican control of the Senate, even without the 60 vote filibuster proof majority, troubles me.

It’s been a few days and I’m starting to feel a little more hope. While things on the national level didn’t go as well as I’d hoped, things in California generally went well. We re-elected California Governor Jerry Brown for a 4th term. By all accounts he’s done a remarkable job of reversing the downward slide we experienced from Arnold Schwarzenegger and he was able to win re-election with little campaigning.

Two years ago Scott Peters narrowly unseated incumbent Brian Bilbray. The race was so close that it took 10 days after the election to be sure Scott won. A congressman faces his toughest re-election after his first term and this was no exception. From Scott’s first day on the job Carl DeMaio, a former city council member, announced his intention to run for Scot’s seat in 2014. The race was neck and neck and on election night Carl was winning the counted votes by 752. On Wednesday night it was reversed and Scott was ahead by 861 votes. At this point all the votes cast on election day and most of the mail in votes had been counted; all that was left were the mail in votes that were dropped off on election day and provisional ballots.

Frankly this time last night I was pretty optimistic. Most mail in ballots skew Republican and were mailed in early. I’m not sure I’m proud of this but most people who wait until the last minute vote Democrat. I also believe that most provisional ballots would skew Democrat.

In any case I was pretty anxious waiting for the results. I was hoping that Scott’s momentum would continue and afraid it would reverse. The results were so good I had to check a few places to make sure I wasn’t dreaming. Scott’s lead went from 861 votes to 4,491 with somewhere between 10,000 and 15,000 votes left to count.

In my mind this finishes the election. For the sake of simplicity I’ve rounded the number up from 4,491 to 4,500. If there are 15,000 ballots left to count, Carl would have to win 9,750 of them. If there are 10,000 ballots left to count, Carl would have to win 7,250 of them. Either way it’s a hard hill to climb.

On the Republican side I’m impressed that Mitch McConnell and Lindsey Graham beat back challenges from the tea party (I refuse to link or capitalize). I’m hoping that will make moderate Republicans more willing (or less fearful) to actually work with President Obama.

Finally, I read an excellent column by David Broder who speaks eloquently about the reality that Republican demographics are diminishing. Almost nobody who has recently become an American citizen or has recently become old enough to vote thinks their future lies with the Republican party. I think David is right and I’m happy to think so.

Election Night 2014: Not Sure How Long I'll Blog Tonight

It’s my tradition to blog on election as we follow the races. I may not follow them as far into the night as I usually do for a few reasons. The first is that I’m generally disappointed with how the candidates are running the election.

The Republicans are running this as a referendum on a President with two years left on his political life. The Democrats are running like President Obama doesn’t exist. I’m proud of my votes for him, I think he’s done an excellent job given what he faced in January of 2009, and I’m angry that my party is trying to pretend he’s not there.

The other reason is a more simple one: I don’t think there is as much at stake tonight. Nobody believes the leadership of the House of Representatives will change, the Presidency will certainly not change, and while the majority may shift in the Senate we likely won’t know tonight. There are close Senate races in North Carolina and Louisiana but they likely won’t be decided now. Both races have more than 2 candidates and require 50% plus one to win. In other words it’s a fair bet that both races will require runoffs.

7:00PM Pacific Time, 10:00PM Eastern Time, 3:00 AM Greenwich Mean Time: The polls don’t close for another hour here in California so I have nothing to report. I’m disappointed but not surprised to see that Mitch McConnell survived a strong challenge. He had to fight for the Republican nomination from Matt Bevin, a member of the Tea Party. He won the nomination and I had hoped he would be so wounded that the Democrats would unite against him. Alas, Mitch won, and if the Republicans win the Senate he will be the majority leader.

I’m also disappointed by the 7th Congressional district of Virginia. In a stunning upset in June, Dave Brat defeated Eric Cantor. Dave is an economics professor at Randolf Macon College, and this placed him against the Democratic nominee, Jack Trammell, who ironically enough, is also a faculty member at Randolf Macon. Jack was supposed to be the guy Eric Cantor would destroy in the election. When Brat won, I hoped the Democrats would unite and defeat Brat, but it didn’t happen. The 7th Virginia Congressional district is still pretty Republican and I’m guessing that moderate Republicans who liked Eric held their noses and voted for Brat.

On the other hand I’m pleased with New Hampshire. Senator Jean Shaheen was challenged by Scott Brown. Scott was born in Maine, but moved to Massachusetts as an infant. In 2010 he won a special election to fill the seat vacated by Ted Kennedy who died of cancer. Scott expected that this would lead to him holding that seat for a long time, but he lost to Elizabeth Warren in the general election in 2012.

Scott then moved to New Hampshire and challenged Jean. Tonight’s projections show that he will lose to Jean. I find this good news because it shows Scott as an opportunist. He doesn’t care who he represents, he just wants to be a Senator. This makes the charge that he is a carpetbagger who will go anywhere and say anything to gain power.

8:00 PM Pacific Team, 11:00 PM Eastern Time, 4:00 AM Greenwich Mean Time: The polls have closed in California but almost nothing is certain where I live. My congressional race pits the incumbent Scott Peters (Democrat) against Carl Demaio (Republican) and almost certainly won’t be settled tonight. In fairness, two years ago Scott’s victory wasn’t announced until 3 days after the election. It may happen again. While my district is trending Democrat, it may be a few more years to turn it blue.

We voted on several ballot measures, but the measure that I cared the most about was Propsition 46. As most of you know I’m married to a doctor. If you’ve been harmed by a doctor on a medical procedure you can sue the doctor. If it’s found that it was malpractice you can sue on a few grounds. If the doctor’s malpractice prevents you from ever working again you can sue the doctor for the wages you would have earned for the rest of your career and there is no ceiling on what you can sue for. If the doctor’s malpractice causes you to need medical care for the rest of your life you can sue for the care you need for the rest of your life.

So what is left? Well if you sue somebody you can claim the money you need to care for the injured person and to replace his (or her) wages but you can also sue for “pain and suffering.”

“Pain and suffering” is the money you get for saying that the plaintiff was irresponsible. It’s meant as a scare tactic against large companies who feel that settling lawsuits is a good financial decision. Right now in California there is a cap of $250,000; that is, no matter what happens a plaintiff can’t collect more than $250,000 for pain and suffering. Proposition 46 would raise that immediately to $1,100,000 and index yearly increases to inflation. To be fair the $250,000 cap has not moved since 1975. But Prop 46 would have had a catastrophic effect on malpractice insurance and the ability of doctors to practice medicine in the state. There may be room for an intelligent discussion on pain and suffering caps, but this was nothing more than a money grab for lawyers.

OK, I’m getting sufficiently depressed that I need to stop blogging and get a night’s sleep.

The Justice Chronicles Volume 16: Are We Tipping On Marriage Equality?

When we see a shift in public opinion about something we sometimes talk about a “tipping point,” that is, a time where it appears that the momentum has shifted and what was once a minority opinion has now become the majority.

It’s hard to remember this, but just a few years ago this was thought impossible. In 1996, 18 years ago, President Clinton signed the Defense of Marriage Act, or DOMA. It mandated that the federal government not recognize any marriage except between one man and one woman.

Fifteen years ago, in 1999, California led the country in issuing domestic partner licenses; it provided some of the benefits of marriage. Other states followed.

Massachusetts, in 2004, became the first state to allow gay couples to marry. But because of DOMA these married couples could not file joint income tax returns, or benefit from each others’ social security or other benefits. There had been a residency requirement (that you had to live in Massachusetts or plan to live there). This was a 1913 law and was intended to prevent Southern interracial couples from coming to Massachusetts to get married. It was repealed in 2008.

Also in 2008 the California Supreme Court ruled that the state could not ban gay marriage under the rules of the state constitution. Almost immediately there were calls to amend the California constitution to prevent marriage equality. Later that year Proposition 8 amended the constitution, though the state upheld the marriages that were performed between June 16th and November 4th.

In 2010 the District Court of Northern California ruled that Proposition 8 was unconstitutional (even though it was an amendment to the constitution). In 2012 the U.S. Ninth Circuit upheld the ruling; it was appealed to the Supreme Court but the Supreme Court ruled against them in 2013. Ever since then marriage equality has been legal in California.

There is much more to this and I encourage everyone to read the entire timeline at here.

The 50 states are divided into 11 circuits: you can view the map at here.

The 4th, 7th, 9th, and 10th circuits have all ruled in favor of marriage equality. In a surprise to many, the Supreme Court refused to hear any these appeals.

It’s a bit of a disappointment to those of us who favor marriage equality; we were hoping for the equivalent of Loving v. Virginia when the Court ruled that bans on interracial marriages were unconstitutional.

That said, it’s a devastating blow to those who oppose marriage equality. It appears that as of today Virginia, Indiana, Wisconsin, Oklahoma, Colorado, and Utah will start issuing marriage licenses to gay couples. Because they belong to the 4th, 7th, 9th, and 10th circuits Wyoming, Kansas, West Virginia, North Carolina, and South Carolina will soon follow.

The Supreme Court could still take cases from the other circuits (the 5th circuit is looking at this) but I think this sends a clear message to the other circuits that the Supreme Court will rule in favor of marriage equality.

It appears that homophobia is the latest casualty in the march for justice.

It's Been Nine Years, But Not Long Enough to Forget

In August of 2005 we learned the word “Katrina” isn’t just a girl’s name, but a horrific hurricane. She began in the South Atlantic and moved northeast. It moved over Florida and gained speed and danger: she moved over the Gulf of Mexico and struck New Orleans on August 29th.

The next few days were horrific to watch, let alone to live through. The administration of President Bush claimed to have responded well to this, but virtually nobody believes this. Thousands were stranded without basic needs such as food, water, or bathrooms. If you don’t believe me, check out my page on this. We are still living with his failures on this and many more events.

His decision to strip FEMA (the Federal Emergency Management Agency) of anyone except his cronies showed a breathtaking lack of compassion. The hurricane and aftermath made us all aware that our government was horrifically unprepared for a completely predicable event.

I’m impressed with those who lived through Katrina, those who were part of the solution, and those who continue to rebuild. And as an American citizen, I apologize for those members of our government who made promises they never intended to keep.

Tony Gwynn: 1960 – 2014

Monday we received sad news (though news many of us in San Diego knew was coming): Tony Gwynn died of cancer of the salivary glands at the age of 54.

This was sad news on several levels. He was much too young. We who love San Diego, baseball, or just loved watching a man who respected the game, his family, and himself with equal ferocity, will miss him.

He was a Los Angeles boy he grew up rooting for the Dodgers. After high school he came to San Diego State University where he played basketball and baseball. In 1981 he was drafted by the San Diego Padres in the 3rd round. After a year in the minor leagues he made his major league debut with the Padres on July 19, 1982. He never left. Even though he could have made much more money by moving to another team when he became a free agent, he decided to stay in San Diego.

From 1982 to his retirement at the end of the 2001 season he put up some incredible numbers. His career batting average was .338, with 3,141 hits (it’s assumed anyone with 3,000 career hits gets into the Baseball Hall of Fame). He made the All Star team 15 times and was the National League batting champion 8 times.

But the best thing about Tony was his character. He never stopped studying the game, even drawing the respect of the often prickly Ted Williams.

After his career he continued to contribute to the game coaching the SDSU baseball team. We knew things were bad in March when he asked for a leave of absence.

I had the pleasure to meet him several years ago at a charity event. We just spoke for a minute, but he made me feel like I was the only person in the room. You can read my account of that meeting here. Though he and his wife were the keynote speakers, they carried themselves with the kind of class I’d always heard about.

One final note: He was inducted in the Hall of Fame in 2007. A few months after that San Diego experienced a fire that destroyed dozens of homes. Tony put the word out that if anyone lost an autograph of his (from a picture to a baseball to a bat) in the fire, they should let him know and the would replace them. As an added bonus, he could put “HOF” on the autograph (Hall of Fame). The fire came close to his home and his showed his character in that he was concerned so much with the fans.

He was Mr. Padres and we will miss him.

God Bless Tony, and I’m glad you’ll be reunited with your father.