Mets Update

The Mets had a decent July (over .500) after a horrible May-June nosedive. So they are at least partially sellers -- Famalia for international slot money and prospects (to As with mixed reactions; talk teams weren't too interested) and iron man Cabrera for a promising prospect (Phils). Cespedes came back for a day and then left to get heel surgeries with talk of significant time missed in '19 while they prevaricated about the details. To be continued? Me? I think you trade Wheeler if a top prospect is provided. Meanwhile, NY Daily News fired a bunch of people, decimating the sports section. Kristie Ackert doing Yankee games now.

ETA: Forgot to mention a signing of a decent OF off trash heap -- Austin Jackson -- DenDekker simply not hitting and multiple other outfielders hurt or hurting. No trade deadline action -- I'm quite annoyed they didn't trade Wheeler at the height of his value. They had a blowout & Reyes pitched last night [7/31] -- final score was 25-4.

More Review Quickies

Sometime around the last decade, NYPL had reserves and easy computer access of accounts etc., allowing more easy access. Used to call libraries to see if things are on the shelf! Anyway, Malcolm Nance's new book has a lot of good info on Russia's war on democracy and Trump's place in it, but only skimmed it -- the writing style was a bit too heavyhanded. Borgen ("The Castle"), a Danish t.v. series on the then fictional first woman PM is very good so far. Lost interest in the old movie The Dark Mirror; Summertime was good.

Chasing Lolita How Popular Culture Corrupted Nabokov's Little Girl All Over Again

This was originally released tied to the fiftieth anniversary of the U.S. publication of the original and is an interesting discussion of the book and its place in our culture. I found it because the author of an account of a real life kidnapping of a teenage girl referenced in Lolita was recently on C-SPAN. Read the novel years back and recall it was good, one of a few classics that I enjoyed. I saw a bit of the first movie and think I saw the second; will re-watch it. Meanwhile, Runaway Romance was overall a nice trifle. Ending a tad abrupt.

And Also: One reference in this book is Pretty Baby, the Brooke Shields movie that takes place in a brothel. I watched most of it and it is very good. Remarkable performance from a young Shields, including let's say much more nudity than in her teen island fantasy film. I later saw some of Baby Doll (good iconic shot of her in a baby crib) and it was good though think you got the general feel after an hour. Or, maybe I lose patience these days.

Believe Me: The Evangelical Road to Donald Trump

Why did evangelicals support Trump? John Fea, dissenting evangelical history professor argues: “the politics of fear, the pursuit of worldly power, and a nostalgic longing for a national past that may have never existed in the first place.” The alternative is hope, humility and history. A key doctrinal point: he argues Christians are to fear only God.

Spoonful of Sex

Adam & Eve products are so mainstream that I have seen advertising for them on television, but here I reference their erotic movie line found on demand and late nite cable (standard soft porn look but extended sex scenes with realistic sound instead of cheap porn music and overall decent production values). 

I appreciate the attempt to provide some serious effort while obviously providing the basic stuff (as usual, no penises or direct close evidence of penetration; know of at least one film here that had an alternate cut that did show that while one porn actress spoke of it simply not happening).

When a cafe owner finds a love poem left in a book, she believes it was left by a secret admirer which leads to a mistaken identity whirlwind affair and as the poem makes its way across town, it sparks amorous repercussions.  

[Amazon Prime Video summary]

This one has a café (with the usual sensual baking mixed in) and a college setting. It works pretty well with the most notable thing being a nice ending involving a poem being read with a montage of the characters being played. I think just a plain "normal" plot with a bit fewer glossy filters (people look like magazine photos in the sex scenes) would be a nice idea. 

[This has received a few hits -- for some reason the few hits on this blog repeatedly are my "adult movie" entries -- so I edited this to remove a dead Showtime link.  I also added a video at the end.]

There was a good episode of an erotic anthology about a couple trying to conceive that was very good and sexy too. To each their own, but like my desire for at least a token story, just my tastes.

BTW, I don't watch This Is Us, but Chrissy Metz was charming on Colbert.

SCOTUS Watch

The first scheduled summer order is a list of rehearings denied. A discussion on why they have only Catholics and Jews (Garland would have followed the trend). A fair cross-section would have a non-believer and a couple non-evangelical Protestants (so phrased to deal with the Protestant/Catholic mix already there). And fictional SCOTUS: The Good Fight.

The Good Fight

A Danielle Steel (read one other, years back, with a WWII plot) for the times. It starts with young Meredith's father going to be a lawyer in D.C. during WWII, be a lawyer at Nuremberg but still being very conservative, her grandfather getting on the Supreme Court (replacing Murphy or Rutledge), her going to Vassar and meeting a Holocaust survivor (whose life we also follow) and growing into a lefty lawyer (helped by a large inheritance!), including getting involved in some 1960s events. I got interested in the characters and liked the historical plot. It is written in a straightforward style but has some very serious material. Starts to get a bit boring in its episodic way later but nice final plot device. No sex scenes!

ETA: This is a book that could have benefited from a brief message from the author regarding her research and so forth. Not sure of a reference to a "computer" in a small law office c. 1970. But, overall, the history seems accurate enough.

The Greatest American Hero

Early 1980s t.v. show that is this week's Decades Channel "binge" that has a great theme song and pretty good cast (and sorta a Meghan Markle look-a-like lawyer love interest). It's not quite The Most Wonderful Time of the Year good, but Christmas Connection with the same female lead is a charming Hallmark Channel movie as they replay Christmas movies.

The Furnace of Affliction: Prisons and Religion in Antebellum America

The author has a new book out about the Kiowa Indians and their struggle to retain their religious traditions. But, this one was the one at the library now. Interesting subject (focused on New York prisons), but was a trudge at some point in its short page count (under 200 pages). Felt repetitive and perhaps better for a shorter monograph.

Showtime At Night: Erotic Obessession

Abella Danger stars in Erotic Obsession, which has some charms, including a little bit of a twist ending that I liked. She has an interesting look. It is available on demand and has a notice before it starts that promotes the "natural sound" (how I would phrase it) aspect. Not talking high art, but appreciate effort not to look and sound cheap. Involves a kooky roommate. Good scenes, last is the best. The husband is a familiar face.

And Also: Today's date. The remake of the movie was decent. "Final Friday" actually tried to have plot. The series was okay. Maybe the planned Child's Play series will work.

It (No Evil Clowns Edition)

Borrowed a DVD of film with "It" girl Clara Bow with a documentary produced by Hugh Hefner (!) included. Fairly interesting doc and she's very good. It is actually pretty easy to watch the silent film (didn't seem forced or anything) though after about a half hour was a bit bored with the plot and skipped to the last reel. Amusing with her roommate quiet believable as a sick mother she filled in for and thus started the plot. Her love interest is a bit old for her.

The Darkening Age: The Christian Destruction of the Classical World

In his last book, Bart Ehrman touched upon the dark side of Christianity; this book by someone who is a daughter of a monk and nun gives a fuller account. I found this strong criticism. A positive review here. It did have a flavor of a polemicist (she is a classicist) but the matter does warrant balancing so there is a place for it. Think it could have been crisper too; seemed a bit repetitive and rambling. Book best read with a disconcerting eye.

New SCOTUS Pick: Federalist Society Gold Standard Again

Me in 2006: "Meanwhile, Brett Kavanaugh was confirmed as circuit judge. Sigh."

ETA: Don't have much to say about the pick other than it is really a red meat pick as compared to a more bland Federalist Society type (basically the back-up option, Hardiman). His pro-executive power writings (Clinton not being investigated edition) will be an easy target. His opposition to agency deference can be a time bomb waiting to go off. Basically, not a "stolen seat" in the Gorsuch way, but tainted, especially since Trump is under investigation. I guess to be on the safe side, no "Justice" for him either.

Is it Football Season Yet? Oh, wait I remember last year ...

Also: Look what the dog dragged in ... Jenry Mejia found a means to end his "life time ban" for cheating.  Mets didn't just dispose of him though not sure if their provisional contract (why?) will require any payment now.  Just let him go.

The Mets have either lost or split their last 14 series. Their last winning series came when they swept Arizona at home May 18-20, giving them a 23-19 record.

This striking stat is also telling when you consider approximately equal parts of the season occurred before and after that date, roughly speaking. The article about "these miserable Mets" (NY Daily News beat writers basically have the tone at this point) provides their current record: (35-51). So, back in late May -- which had them four games over .500 at 42 games -- has somehow led to sixteen under at eighty-six.

The five wins in June, a low point for that month for their full history as a franchise, suggested the period of futility. In the midst, for a while at least, they seemed bad, but not quite that bad.  Then, before you knew it, they had the worst record in all of the National League.  The Marlins was just whipped by the Nats recently, including blowing a 9-0 lead and giving up 18, so staying there isn't easy.  Meanwhile, the Reds have been playing dent and the Padres had some life (dropping closer now), so other than the "hey, we knew we were going to stink this year" Marlins, the Mets only have a couple teams in the American League ("hey, there is always the Orioles to feel superior to") to look down to these days. Not enough AL Central games!

The Mets #2 starter has been hurt for a while now but it takes more than that to only win five starts in a month. Their top of the league ace is 5-4! Ditto Cespedes, the human salary drain (no-trade clause? don't care! get rid of him!) being out.  That won't help, but the team has a level of futility that is downright impressive. Not hitting helps (they were almost no-hit today, admittedly the Rays do have decent pitching) as does dubious pen. Seth Lugo was put back in the pen since he's like the only reliable arm other than the closer (who was hurt some this season too), if someone who gets so little chance to pitch.  Toss in non-clutch hitting and now just sloppy, low energy games.

The false start was a 11-1 affair where everything generally seemed to go right, including a nice pen with Gsellman/Lugo thriving there. Lugo went into the starting rotation eventually but seemed to tire out some, and anyways, no one -- even Gsellman these days (especially in the second inning) -- seemed to be reliable.  Blevins, their quirky leftie, is having a horrible year.  Their new eighth inning guy got hurt and now is regularly doing lousy.  A few rookie types showed some life but not much any more. Today's fill-in starter (Chris Flexen) just isn't MLB material at this point. A DH tomorrow will bring Oswalt, who was okay for four innings last time. Tuesday is a question mark.

The last two weeks brought a chance to show some life since they had a stream of mediocrity -- Pirates, Marlins, Blue Jays and Rays.  Well, they did have three wins last week, but no winning series. The low point was Wheeler's start vs. the Blue Jays where the starter how to leave early and it was 6-1 late.  Well, they lost it 8-6.  They split the series because the other Jays starter had a bad game and the Mets both managed to take advantage one inning at least and the fill-in starter for them this time didn't blow it early.  The first win was a messy one vs. the Marlins, who won the first two.  The other win was an unearned run plus a two out grand slam by Bautista (after the Mets got out of a bases loaded 1-1 jam in the top of the 9th) versus the low scoring Rays. But, those were the only runs scored in the series plus it was still another game that DeGrom couldn't win (eight innings, one run).

It's really depressing but the SNY crew (especially Keith Hernandez, who has found Twitter, posting a lot of video of his cat and family, though he has been low energy in many games -- hard to blame him) does help. When Keith and Gary Cohen were both off for the Toronto series (including 7/4 in Canada!), it was rather dull.  It was nice to have a woman sideline reporter. There is Kristie Ackert on Twitter though she has been not too active the last week or so, perhaps she is on vacation or something.  There are few bright spots, even Michael Conforto struggling. Cabrera at times has some good moments. Brandon Nimmo, known for his smiles, is often glum. And, that tbh stupid "pepper grinding" thing they started to do? Well, don't see that any more. Rarely score.

To me, the Mets for the last twenty years at this point often has a conservative mentality, making a few big ticket moves but relying on the "if everything goes right" mentality.  They consistently seem kinda close though they had some bad years mixed in as well.  You get the idea that is still the mentality; "hey, we went to the World Series in '15." (Murphy a key piece and if the Nats didn't have an off year, very well might not have even got to the playoffs or maybe a 2016 one-off)  The same injury problems seem to be occurring.  The same simply not crisp baseball play. etc.

Who knows the solution? I have been harping on the likely dream-on idea of getting rid of Cespedes, who is getting 29M a year now to be injured a lot.  He had a great run in 2015, but so did other people. He didn't really have so great of a 2016 to warrant a four year expensive contract. Maybe, it is telling no other team wanted to spend big bucks on the guy. His strutting his stuff (the whole yellow canary thing etc.) is charming when he is thriving. Other times, he rankles. If somehow they can even get a fraction of that money and move him, it will help them move on from something that is simply dragging the team down. A lot more possible, when he was doing nothing for around two months, was a DFA of Reyes, who has no future here. So, he showed some life. Who cares? Disposing him when he was doing noting would show management had some standards. Give someone else a chance to play.  It's like them calling up a fourth OF and now he has three plate appearances in around two weeks and not one start.

Personally, hoping over and over again that David Wright plays again also is annoying. So he might. Might hurt himself again too. Reason to care when team is dead in September?  Him retiring could be a sign of the team moving on, like Sandy Alderson going on medical leave and probably not coming back.  Something else they need to do, other than apparently teaching basic fundamentals at times, is getting some more people in the minors.

The second year in the row fire sale might help some there though they might need to let go one or more of their bigger name pitchers to do that.  Maybe, do more than tinker tinker (Harvey got back a nice back-up catcher who if he stays healthy might even be more; Bautista is a nice trash heap deal; moves in the off season more "okay, yawn" material with safe moves like re-signing a corner outfielder who now is hurt and overpaying for a questionable reliever and ... Vargas for two years? Why?

A person being wary at the start of the season with the talent on the roster is one thing. The level of horrible the Mets had after mid-May? That is quite another.  2015 was one game after another without offense, but they stuck around because of pitching.  It helped that other teams in the division struggled more than the Phils and Braves (who both did have some growing pains eventually) did this season.  The Nats in fact are in third place though with some help, and one of the other teams faltering, I can see them pushing back into contention.  And, the Mets rarely are totally out of it it seems because DeGrom, Wheeler and Matz (and to some degree Lugo) keep them in games.  But, that's only three, and the pen and hitting stinks.

Syn and Vargas (who cares?) are likely to come back eventually as is Cespedes (I'm done with him, seriously), I guess, and as things go, the team might show some life eventually. But, struggling versus mediocrity means that they have to step up a lot even to go .500, which would mean a low 70s record. And, then, as well they should, they might have to do it without a few pieces that actually have some talent and value in winning games. Trading Famalia will make the back-end longer. Trading Cabrera will take one key at times clutch bat out of the line-up.  Still, they have to do something, since just playing the string yet again without at least getting something back, is just pathetic at this point.

And, that is the mid-season Mets report. Cheers!

ETA: In tease territory, the Mets with various spot starts and players hurt and Conforto still slumping (but that is standard: key players are always hurt, someone struggling), have split their games in the first ten with a four game stretch vs. the struggling Nats to close the first half officially.  Two of the last four wins were 10th inning jobs, the last one yet again a DeGrom no decision -- no runs in eight with the Mets scoring in the 10th off a Nimmo homer. Basically, this is holding serve with some life day to day.

SCOTUS Watch: End of Term Orders Again

Also: Some talk about likely SCOTUS picks including McConnell worried about complications with one or the other senator.  Shall see since the rose is supposed to be given tomorrow night.

Breyer aptly warned that the decision threatened other consumer protection provisions: as one example, he cited a California law requiring hospitals to inform new parents about child safety seats. And just two days later the Court told the federal appeals court in California that NIFLA might be grounds for striking down a local ordinance requiring cell phone providers to warn users that keeping a cell phone in a pocket might result in radiation exposure in excess of federal guidelines.

Breyer in a recent interview also recommended Adam Winkler's We the Corporations book. The interesting reference in today's weekly Jost on Justice blog post was one I missed the first time, part of the summary dispositions of the end of the term order.  See also, this article on "post-truth" speech regulation.

Various cases were sent back to re-examine per cases decided this term. This one involved a cell phone warning passed by California, one of many such things. Generally, disclosures and disclaimers, even those involving campaign speech, have been upheld.  But, the crisis pregnancy ruling suggests not so fast. This is part of the "weaponizing of the First Amendment" that lead to such a strong dissents (see also, Janus).  There also was another case in the Scalia interregnum involving credit cards that was sent back but it was a sort of faux minimalism since Roberts' majority still said there was an important free speech interest at issue.  When examining the next justice,* perhaps something to think about.

Another summary order of some interest was a loss for unions.  Another involved a lower court that went the other way regarding cell phone data:

Cell phones—once figments of science fiction—now live in most Americans’ pockets and purses. These devices are double-edged swords, increasing convenience at the expense of privacy. Each time they make or receive calls, they leave a trail of digital crumbs known as historical cell-site location information (CSLI)—business records kept by service providers identifying which cell towers routed which communications.

There are a lot of little things in these orders that have some interesting footnotes, such as cases not taken or technical things including things accepted under seal. Sometimes, there are things that make me go "hmm."  There also are orders like this that suggest the potential breadth of opinions.

===

* I don't call Trump by the same moniker as President Obama or Gorsuch by the same title as Justice Kagan.  For various reasons, including taint of the process, neither deserve the title, though less use my bit of protest in the latter case.  The upcoming nominee is part of a corrupt process, including someone under investigation choosing a person key to various disputes involving him personally, but (guardedly) not thinking it is so tainted that "justice" is not warranted.  But, I might change my mind.

Liberty's Secret

Saw this during my free Amazon Prime month. Love develops between a campaign staffer and the Republican candidate's new secret weapon: a singing minister's daughter. Overall, well done with good singing with a good amount of political satire mixed in.

ETA: Here is a positive with an asterisk review; I did find the kisses weirdly ill at ease. How would I know, but the "obviously written, directed, and produced by a straight man" line seems a bit unfair. I think the other characters were decent relatively speaking. Makes sense for the daughter to be ill at ease given her upbringing. Did wonder why the two sane women were in the campaign. The positive reaction suggests some lesbians liked it too.

Hey ... it's the guy from ER!

This very good (though maybe can be shorter) Ashley Judd film about dealing with horrible depression turns out to be directed by the same woman behind the charming (with a serious side) Mostly Martha. The DVD extras has good interviews with four cast members.

Do you hear what I hear?

"A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people."

Just a historical quote for the day, right? I wrote various entries about today over the years and I'll just cite the one about Danielle Allen's excellent book on the DOI. Happy 4th!

Meanwhile, protestor at Statue of Liberty today. It's the day for it. Also, RBG posted some remarks and they included a reference to Emma Lazarus.

Board Meetings Prayer Issue Still In Air

While we wait to see who is nominated to the already tainted Supreme Court, I see that there was a reference to the action on legislative prayer today at Religion Clause Blog. Or, non-action.

In finding the county’s former prayer unconstitutional, the appeals court’s majority focused on four elements: that the commissioners gave the prayers themselves; that 97 percent of the prayers between 2007-2013 were Christian; that the audience was urged to join in; and because of the government setting, members of the public who had business with the officials often felt pressured to take part in the prayer.

Read more here: https://www.charlotteobserver.com/news/local/article161348068.html#storylink=cpy

Among the end of the term orders, there are usually some statements by justices on various issues, be it why they would have taken the case or why such and such is at least important enough to note. For instance, Breyer used it as an opportunity to again flag his constitutional concerns with the death penalty. A few justices [in an opinion by Gorsuch] flagged something called Skidmore deference, part of a big debate over the discretion over agency action.  And, Alito/Thomas had another thing.

And, Thomas and Gorsuch flagged the prayer issue, which now appears to be something that splits the circuits.  There seems to be a decent chance that public recognition of religion in some fashion -- including something like a cross display -- will be back to the Supreme Court to clarify existing law on the matter. The Town of Greece v. Galloway opinion clarified somewhat the breadth allowed in legislative prayer,* being more open to it than a past ruling (Marsh v. Chambers) and a plurality opinion applying it seemed to offer.  Justice Kagan's dissent to me put forth the best approach there, a compromise position that allowed for legislative prayer but providing some safeguards.  The majority itself did this too though to some unclear degree as the dissent itself suggests.

The en banc lower court opinion blocking legislator led prayer dominated by one religion is discussed here with a link to the opinion. Justice Thomas argues history is on the local practice here, but the lower court opinion and the concurrence challenges just that. It is a common complaint (see, e.g., Eric Segall) that Thomas' "history" is wrong. Original understanding and historical practice is in general a mixed bag anyhow.  Anyway, if he thinks things should turn on that, maybe the fact finding tie should go to the lower court. Of course, a split complicates things.

Thomas also argues that if anything a chaplain would be more problematic (granting either is) than a legislator. But, the lower court opinion argues (convincingly to me) that government officials directly promoting Christianity nearly 100% of the time is worse than a means where third parties of various faiths are more likely to be present. In practice, the dissent in Town of Greece argued the practice there was still not evenhanded enough though part of the problem was that it argued that Kennedy's opinion was not a realistic accounting of the actual practice there.

Justice Stevens dissented in Marsh in particular because he thought one chaplain of a specific faith was a blatant establishment, but the majority noted that in practice (after complaints) the chaplain made a good effort not to be particularly sectarian (if still theistic).  There is still some limits via the controlling plurality opinion in Town of Greece so that use of prayers can be done up to a point but not too much:

Prayer that is solemn and respectful in tone, that invites lawmakers to reflect upon shared ideals and common ends before they embark on the fractious business of governing, serves that legitimate function. If the course and practice over time shows that the invocations denigrate nonbelievers or religious minorities, threaten damnation, or preach conversion, many present may consider the prayer to fall short of the desire to elevate the purpose of the occasion and to unite lawmakers in their common effort.

The plurality noted: "The analysis would be different if town board members directed the public to participate in the prayers" and this appears to be just what is at stake here. Emphasis was made that ministers were the ones who did that.  Notably, Scalia and Thomas didn't join the portion of the opinion that said that. It seems like Thomas is trying to expand the reach of the opinion.  With two justices changing, and other religious issues open to change, the final word is probably yet to be spoken here.  For instance, the plurality references a "reasonable observer," which suggests respect for 1980s doctrine that a new Court might push back upon.  One more thing. Thomas cites three residents "who were offended by the Board’s prayers," but the opening summary suggests mere "offense" was not enough.

Meanwhile, Judge Amy Coney Barrett is a leading choice for the Kennedy Seat. There was past -- overblown -- criticisms about how her religion was subject to scrutiny during her lower court nomination. It is not a violation of the "no religious test" rule to examine how her understanding of how to apply law in some fashion overlaps with her religious understanding. We should get a full picture of the nominee though the issue should be warily handled, even if beliefs in "handmaidens" and "heads" (woman/man) advising you is likely to be open to some ridicule.

Some evangelical friendly anti-abortion type in her 40s that can even be deemed a "feminist" choice (being a woman) is a fairly prime option. The troll opportunity alone makes me wary about her and if we are stuck with a bad candidate, on some level it is better to have an easier target. OTOH, net, if the person is confirmed, what difference will it really make? There might even be a small value in adding another woman to the Court. It would also help to know her other views though presume they are typical Federalist Society type of stuff.

We shall see who gets the rose next week.

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* This is somewhat of a misnomer, especially given the stance of the minority opinion in the most recent Supreme Court ruling. The more intimate setting of a local public board meeting and town hall more directly involves the public than many a "legislative" prayer case that involves the start of the legislative day involving basically just the legislators themselves. See, e.g., the start of the U.S. Congress or the like. 

Nonetheless, the majority -- though recognizing some "fact specific" quality to these questions -- did not differentiate.

SCOTUS Watch

The big thing now is who will be nominated (next Monday has been flagged for whom will get the rose) to replace Kennedy (stepping off at the end of July). Though SCOTUSBlog doesn't even cite it on their calendar, SCOTUS did announce their three official summer order days. Nothing much usually really happens but just a footnote. Other spare orders possible.

And Also: Rick Hasen flagged, wondering if it was on account of illness, that O'Connor didn't provide an official statement on Kennedy's retirement. But, Souter didn't either. He gave brief statements on Stevens' retirement and Scalia's death.

Royal Wedding DVD

With so much depressing going on, Harry/Meghan getting married, especially that American bishop talking about love, was a nice break. BBC DVD. Meanwhile, the lead was good, but couldn't get into the story of the latest Tomb Raider.

Iowa Supreme Court Protects Abortion Rights

The federal courts cover a lot of ground but Roe (Casey) is always a major concern. Here's a brief summary, including four states ready to ban abortion when they can. Meanwhile, on state grounds, Iowa struck down a three day waiting period. Excellent opinion, especially discussing the financial burdens and equal protection argument. What will SCOTUS do? I don't know, but figure directly facing up to a broad ban might take time, but a TRAP protection decision fairly expected. Next few years: waiting for the other shoe to drop.

The Leech Woman (Fun Svengoolie Movie)