Yesterday was quite a day.When I got into the car to go see Virgil, of course it started right up, but when I backed up and started to turn, the power steering was clearly dead. I decided not to call USAA, even though that’s already paid for through my insurance, because they are kind of a one-trick pony – if it doesn’t fit into the most common categories, they’ll only tow it. And if it turned out to be just brake fluid, I wanted to be able to see Virgil. Instead I called the guy who (you may or may not remember) I called on our anniversary who successfully jumped it, noticed there was a spill under my front end ad topped up the radiator, and noticed my tires were low and inflated them all. Well, it wasn’t the fluid, and it wasn’t any of the fuses,so he went under the car, and it turned out it was simple after all. I learned that under the car there are spindles around which the belts get rotated which send electric power to whatever needs it. there are more than one (I think he said three) and there are at least two belts on any one of them. It turns out the steering is on the same one as the air conditioner. The steering belt was in place, but the air conditioner one had gotten knocked off (which can happen if one hits a pothole or a bump) and without both belts, the spindle wasn’t turning right. He put the A/C belt back in place and that fixed the steering belt and therefore the steering. Trying to explain it to Virgil, I just said “Dude’s a wizard,” but actually he’s just a mechanic who is trained all around and therefore has a lot more know-how than the guys who just jump or change tires or bring gas or tow cars. And, yes, he charges, but he also gives veterans a discount. So I got there, almost 2 hours later than I had planned, but I was and am so happy to have gotten there. We weren’t able to play as much cribbage as usual but we did play some. The hands ranhed from dire through mediocre up to halfway decent. But we enjoyed it. Also – las night – my local radio station devoted is pretty new Broadway show to “1776” For me that’s a hanky alert in a good way
On Friday, Marian Wright Edelmann posted a piece on the Sandy Hook survivors now graduating from high school. It’s a hanky alert. and I held it over the weekend to try to stay upbeat. But it deserves a read.
It’s anybody’s guess what SCROTUS is going to do with this when it gets there – and, in some form, it will. Personlly, I think if they ere truly the originalists they claim to be, they would decide, Sure, anyone can have a gun, aslong as it was made prior to 1800, or a replica of a gun made prior to 1800 with no updates. (‘m inclined to doubt whther any of the RW gun nuts can even load a musket.
I am going to give the Furies a long-overdue Sabbatical (OK, technically only 6 months overdue but they’re exhausted) and work with some of their relatives for a while – not weekly, but when I run across something which deserves attention.
And, just now, it looks as though Ares is taking some time away from Venus, or how else to you explain what is happening with weapons of war? Any veteran, even those who support the Second Amendment in general, will tell you that weapons of war should only be kept or used by the military, not least because the military knows far more than any civilian about how to keep them safe – and how to keep innocent people safe from them. They absolutely should not be in the possession of illicit gangs, above all. And who would know that better than the god of War?
Certainly, if Ares had recently had a little heart-to-heart with Andrés Manuel López Obrador – or possibly one or more members of his cabinet, that could explain what is going on here – which has been going on for some time, has achieved some successes, and now appears poised and able to press, in a United States court, a suit which could be a game changer.
=============================================================
Mexico is suing US gun-makers for arming its gangs − and a US court could award billions in damages
The lawsuit seeks US$10 billion in damages and a court order to force the companies named in the lawsuit – including Smith & Wesson, Colt, Glock, Beretta and Ruger – to change the way they do business. In January, a federal appeals court in Boston decided that the industry’s immunity shield, which so far has protected gun-makers from civil liability, does not apply to Mexico’s lawsuit.
As a legal scholar who has analyzed lawsuits against the gun industry for more than 25 years, I believe this decision to allow Mexico’s lawsuit to proceed could be a game changer. To understand why, let’s begin with some background about the federal law that protects the gun industry from civil lawsuits.
Gun industry immunity
In 2005, Congress passed the Protection of Lawful Commerce in Arms Act, which prohibits lawsuits against firearm manufacturers and sellers for injuries arising from criminal misuse of a gun.
Importantly, there are limits to this immunity shield. For example, it doesn’t protect a manufacturer or seller who “knowingly violated a State or Federal statute applicable to the sale or marketing” of a firearm. Mexico’s lawsuit alleges that U.S. gun-makers aided and abetted illegal weapons sales to gun traffickers in violation of federal law.
According to the lawsuit, the manufacturers intentionally design their weapons to be attractive to criminal organizations in Mexico by including features such as easy conversion to fully automatic fire, compatibility with high-capacity magazines and removable serial numbers.
Mexico also points to industry marketing that promises buyers a tactical military experience for civilians. And Mexico alleges that manufacturers distribute their products to dealers whom they know serve as transit points for illegal gunrunning through illegal straw sales, unlicensed sales at gun shows and online, and off-book sales disguised as inventory theft.
In short, Mexico claims that illegal gun trafficking isn’t just an unwanted byproduct of the industry’s design choices, marketing campaigns and distribution practices. Instead, according to the lawsuit, feeding demand for illegal weapons is central to the industry’s business model.
In response, the gun-makers insist that Mexico’s attempt to hold them legally responsible for the criminal activity of others is precisely the type of lawsuit that the federal immunity shield was designed to block. They argue that merely selling a product that someone later uses in a crime does not amount to a violation of federal law that would deprive a manufacturer of immunity. Additionally, the gun-makers assert that, even if Mexico’s lawsuit were not barred by the immunity law, they have no legal duty to prevent criminal violence that occurs outside the U.S.
The next legal steps
In January 2024, a federal appeals court in Massachusetts decided that Mexico’s allegations, if true, would deprive the gun-makers of immunity, and it sent the case back to trial court. Mexico now needs to produce evidence to prove its allegations that the industry is not only aware of but actively facilitates illegal gun trafficking.
Additionally, to win, Mexico will need to convince a Boston jury that the manufacturers’ design choices, marketing campaigns and distribution practices are closely enough connected to street crime in Mexico to consider the companies responsible for the problem. This is known as “proximate cause” in the law.
For their part, the gun-makers have asked the trial judge to put the case on hold while they pursue an appeal to the U.S. Supreme Court. However, the Supreme Court has been reluctant to weigh in on gun industry cases until they have reached their conclusion in the lower courts, where most of them are dismissed and a few have settled.
High stakes for the industry
If Mexico does win at trial, its demand for $10 billion in damages could drive several of the nation’s largest firearm manufacturers into bankruptcy. Even if the case were to settle for much less, a victory by Mexico would provide a template for a wave of future lawsuits that could change the way the gun industry operates.
Similar theories about dangerous product designs, irresponsible marketing and reckless distribution practices in opioid litigation have transformed the pharmaceutical industry. Civil lawsuits have forced the drugmakers to take public responsibility for a nationwide health crisis, overhaul the way they do business and pay billions of dollars in judgments and settlements.
Mexico’s lawsuit holds out the prospect that the gun industry could be next.
==============================================================
Give it all you’ve got, Ares! Or, wait, please save aome energy to build up Ukraine and help them permanently and decisively preserve their independence. Thank you.
Yesterday, yes, the ground was white. And the sun was shining. And the snow which was being predicted for this time next week had disappeared from the forecast. Just another day in Colorado weather. Also, I learned that Sarah Silverman is a contender to be the new host of The Daily Show. Apparently, in her first “Guest host” appearance, she skewered Fox (among other things.)
Cartoon –
Short Takes –
Robert Reich – The death of shame
Quote – Shame once reenforced social norms. Through most of human history, survival depended on extended families, clans, and tribes. To be shamed and ostracized for violating the common good often meant death. Charles Darwin, in his book The Expression of the Emotions in Man and Animals, thought shame may have evolved as a way to maintain social trust necessary for the survival of a group and, therefore, of its members…. But today, shamelessness has gained a certain elan. Audacity, insolence, and impudence are welcomed. Irreverence is celebrated. We hoot when someone gives society the bird. Many Americans love Donald Trump’s loutishness. Click through for full opinion. I remember during the eighties some psychologists working with addiction decided that shame was a contribuying factor to addicton, and encouraged and facilitated eliminating it. I don’t remember ever being comfortable with that. Certainly what anthropologists call a guilt culture is more advanced than a shame culture – but for a guilt culture to work, a sufficient number of its members must be ethically advanced enough to accept responsibility. When has that ever happened, outside of a few small, self-selected communities?
CPR News – What one ‘red flag’ case in Denver says about how the city removes guns
Quote – The first time John walked into Richard’s townhome he found a night-vision scope pointed at the door. The place was littered with pistols and rifles. There was a trip-wire attached to shotgun and flash-bang shells. Soon, Richard started showing off a pistol — pulling back the slide and trying to chamber a round — all while pointing the barrel at John. The family had always been familiar with guns and John himself is a concealed carry permit holder. Still, he was alarmed. “Very alarmed,” John explained. “Anybody would’ve been.” Richard had recently shot his own computer with one of his pistols, his brother said. And he had previously made “vague implied threats” to the board of his homeowners’ association, though no one had wanted to file criminal charges, according to court records. Click through for details. Note that this is specifically about Denver. You cannot assume this transfers to all of Colorado. Too many Sheriffs, including mine, have refused to enforce red flaglaws. When you see on the map which accompanies the story that there have been enforcements in El Paso County, assume that they have occurred within the City of Colorado Springs rather than in any unincorporated portion of the county, such as where my home is.
Yesterday, although also trying to catch up on some personal stuff, I did play the New Yorker’s “Name Drop” puzzle and actually got it on the third clue. While there, I looked at the Daily Cartoon. I’d love to peproduce it here, but it’s so good everyone is going to be all over it, so I’ll just link to it instead. Don’t miss it . and don’t miss Freya’s new Sound Off. Yes, it will be in the weekend email, but if you’re here, why not see it now?
Cartoon –
Short Takes –
PolitiZoom – Another Trump Ally, Michael Flynn, Now Suggests Biden Was Set Up
Quote – Saturday, I wrote abouttwo of Trump’s closest allies (Sean Hannityjob and Ronny Jackson, proposing, against all expectations, that Joe Biden, rather than being clumsy, negligent or incompetent in his handling of classified materials, that something more sinister is afloat… that Biden is being “set-up” – supposedly by his own people – to take a fall…. Well, now another traitor has been heard heard from, Gen. Michael Flynn, newly reinstated to Twitter by chaos agent Elon Musk on the 2nd anniversary of the Capitol riot, here weighing {and} pushing the same line as others close to Trump… that the President is being undermined by “others” in the White House. Click through for details (and a lot of chatter.) There’s an old saying (which I am butchering, but it has multiple variations anyway): Once is an accident, twice is a coincidence, three times looks like projection.
Crooks & Liars – Dad Arrested After Toddler Seen Playing With Loaded Gun On Live TV Show
Quote – All of this was captured on camera. A lot of people watched it Saturday night because Beech Grove police are featured on a show called “On Patrol: Live,” which airs on REELZ. A police report confirms officers recovered the weapon, a 9-millimeter handgun with 15 rounds in the magazine…. Osborne is due in court for his initial hearing Tuesday [rescheduled for Thursday] afternoon. Click through for story. You know, back in the day, as recently as the 1970’s, the NRA stood for gun safety and responsibility. Today, they’ll probably file an amicus brief for this dad. Are there actually any responsible gun owners left?
Yesterday was fairly routine. I did watch the second hour of the hearings – and I have to say I was glad they adjourned – I don’t know how much more I could have withstood. I watched here, so I got no commentary. After looking around afterwards, I started looking for any other sources, especially those which might continue to be available in case anyone else missed anything. The first one I found was PBS (I have set this to start just as the hearing does, so it may be a little choppy.) Meidas Touch also made it avaiabe trough The Tony Michaels podcast. It was still going when I found it, so I didn’t try to look for a starting time. Those commenting there are likely, some of them, to be familiar (Texas Paul is one, but others have also been seen in the Video Thread here.) I did look for MSNBC, but didn’t have a lot of time to look, and only found a clip on it.
Cartoon –
Short Takes –
Crooks & Liars – Here’s What A Real Expert Has To Say About Active Shooters
Quote – This event isn’t a real team building exercise, however, but a powerful new PSA put out by March For Our Lives, the gun control group that formed in the wake of 2018’s Parkland school shooting. The PSA, titled “Generation Lockdown,” seeks to build support for the passage of a bill in the US Senate that would expand background checks for guns. Click through for video and article. I put this here rather than in the Video Thread because the article, I believe, adds content. Someone at DU commented that if this doesn’t break your heart, you probably don’t have one. – let that be a hanky alert.
The Daily Beast – Putin’s Favorite Copycat Gears Up in Panicked Wartime Frenzy
Quote – In the past few days Lukashenko and his advisers have made a flurry of announcements about plans to bolster the Belarusian military. First, they announced Belarus was creating a people’s militia to give a boost to the country’s armed forces. Then they announced both a new military unit on the country’s southern border with Ukraine and new military mobilizations exercises. Click through for details. Frankly, this scares me. Belarus isn’t very big – but then, neither is a straw.
The New Yorker (Daily Shouts) – Racism Outshines Platinum Jubilee
Quote – On Friday, at a service of thanksgiving for Her Majesty at St. Paul’s Cathedral, Racism, attending with its partner, Colonialism, turned things up a notch in haute couture by the House of Anxiety, a dazzling coat composed of thousands of individual boos directed toward Meghan and Harry as they entered the church. When asked about the custom creation, House of Anxiety responded, “White supremacy demands hating the other, and hating the other is the moment.” Click through for article. “Daily Shouts” is a humor column which often comes very close to realiy because its readers are expected to be alert to satire. But frankly, I think this one is TOO close (Harry and Meghan did not, at least I don’t think so, leave early because of any disrespect to Elizabeth, but because two neo Nazis told Harry to his face that Archie was “an abomination” who ought to be “put down.”)
Glenn Kirschner – Bannon Indictment Watch Day 8: DOJ Has Yet to Indict Bannon for his Crime of Contempt of Congress
Meidas Touch – Let’s WIN Virginia! | 50K Doors in 50 Days
The Lincoln Project – Critical Race Theory
Robert Reich – What Happened to the Party of Limited Government?
MSNBC – The Purge Of GOP Truth Tellers Claims Its Biggest Trophy Yet (This is actually scarier than I was looking for…)
Hallowe’en – Vincent Price Performs The Thriller Rap Live 1987 Enhanced HD
Beau – Let’s talk about a leading cause, #SaferStorage, and T4CIP…. The date on this is 10/27, in case anyone wants to make a note of it. I have said for over 40 years that gun owners – responsible gun owners – should draft model legislation for public safety, or at least encourage it being drafted – because if they won’t, the resy of us most (and they will not like it.) Beau is the girst gun owner I have ever heard actually speak in this way.
