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Connecticut Supreme Court ditches death penalty. (UPDATED)

Today the Connecticut Supreme Court spared the lives of eleven death-row inmates by narrowly ruling that the state's capital-punishment law was unconstitutional. A 2012 statute repealed capital punishment for future crimes—but not for crimes committed before the date the law was enacted. (The legislature passed an identical bill in 2009, but then-Governor Jodi Rell, a Republican, vetoed it. Three years later, her successor Dannel Malloy, a Democrat, signed an updated version into law.) The court took up the case when Eduardo Santiago, sentenced to death for killing a man in 2000, challenged the law.

New Mexico and Maryland enacted similar bans on the death penalty for future crimes, and late last year Gov. Martin O'Malley (D) commuted the sentences of Maryland's death-row inmates (they'll spend the rest of their lives in jail). This happened in New Jersey five years ago, in Illinois four years ago, and in Nebraska earlier this year.

"This state’s death penalty no longer comports with contemporary standards of decency and no longer serves any legitimate penological purpose," according to Associate Justice Richard Palmer, who wrote for the majority. "For these reasons, execution of those offenders who committed capital felonies prior to April 25, 2012, would violate the state constitutional prohibition against cruel and unusual punishment." With that, the Court effectively ended capital punishment in Connecticut.

The state hadn't executed anyone since 2005, when the notorious serial killer Michael Ross, who became Catholic after his arrest, finally received the punishment he had wanted for so long. He believed God had forgiven him.

UPDATE: The Connecticut Catholic Conference issued the following statement in response to the Supreme Court's decision:

The Bishops of Connecticut have long supported the repeal of the death penalty based upon the teaching of the Church regarding the sanctity of life.  Accordingly, the Catholic Conference was a very active participant in a coalition to end capital punishment in our state.

The Conference supported the repeal of the death penalty in 2009; during that Session of the General Assembly, a bill passed the House and the Senate and was subsequently vetoed by Gov. Rell.

In 2011, another bill was raised in the Senate regarding the death penalty.  However, when the proponents of the measure lacked a majority to pass this legislation, the bill was never called.  The following year - in 2012 - the issue of the death penalty was raised again and, with an amendment excluding the 11 current inmates on death row from the proposed legislation, the repeal of the death penalty passed on April 21, 2012.

On August 13, 2015, the Connecticut Supreme Court ruled that the death penalty, as passed by the legislature, is unconstitutional, and the Conference concurs with this decision in accordance with the teaching of the Church.  However, first and foremost, the Conference is also very cognizant of the victims and their families…and our thoughts and prayers are with them as they deal with what must be a very difficult period.

Diplomacy is hard; war is easy UPDATES

The continuing, and sometimes vicious, arguments surrounding the fight in Washington about the Iran nuclear agreement seem to ignore an important and self-evident fact. Since 1990 U.S. policy has shown that it is all too easy to go to war. Whereas getting a diplomatic settlement for a wide range of issues has been virtually impossible.

Now we have a diplomatic agreement, how can any reasonable Congress man or woman pass up the chance to see if it will work? As recent history should teach them, we can always go to war.

As this piece from Al Monitor by Akiva Eldar an Israeli journalist and former Haaretz editor argues violence is easy--and easier while diplomacy becomes impossible.

UPDATE: Rep. Brad Ashford, (D.-NE) fresh from an AIPAC sponsored trip to Israel:

“This deal is not good enough for Israel, not good enough for the United States of America, not good enough for the Middle East, and not good enough for the world,’’ Ashford said in a speaking engagement before two Omaha Jewish groups. Ashford’s speech came hours after the first-term congressman returned from a weeklong trip to Israel. There, he spoke to Israeli political, military and intelligence officials about the deal and how it could ultimately affect security in the Middle East.

Thanks Katherine Nielsen for the link.

Money, money, money. NYTimes (8/13) offers this assessment of the role of donors in the Iran agreement fight. Balanced (perhaps too balanced) in pointing to both pro and con donors speaking with Schumer. When considering how few congressional parents send their children off to war, we might ask the same of donors. Why don't  those enthusaistic about war and voting for it be the first to sign up, starting with the Congress followed immediately by those who buy them, The Donors.

Nathan Guttman at the Forward fact checks the arguments pro and con.

Hovering Confession

If you bridle at the many advice columns written by and for overinvolved parents, you might want to skip this and stick to dotCommonweal’s usual roster of world events and philosophical inquiries. I want to say a few things—partly confessional—about helicopter parenting, and you might not find them interesting, except perhaps as self-incrimination (mine, that is).

There are plenty of self-diagnostic tests parents can take to “find out” if they are helicopter parents. But the two prominent symptoms are 1) omnipresence, and 2) interference: you want to be there all the time in your child’s life, and you want to fix everything. These are the errors that serve parents up as objects of well-deserved mockery. For instance... University of Georgia administrator Richard Mullendore reported some years back on a student who woke up one morning to discover that her dorm lacked hot water. She called her father, a Georgia bank president, and by 8 AM he had already called Mullendore. (Such excesses are facilitated, Mullendore observed, by what he called “the world’s longest umbilical cord”—the cell phone.) Closer to home, a friend of mine who’s an executive with a large company tells me that it is now far from uncommon for a young college grad to show up in his office for a job interview, accompanied by... guess who?

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Andre, The Giant

Andre Dubus, the great short story writer, would have been 79 years old today. I can't recall exactly why, a few years ago, I picked up a copy of his Selected Stories. It proved one of those books that fell apart from frequent use: Read over and over, passed along to friends, coffee and whiskey spilled on pages, tobacco smudged in the margins. Eventually I gathered all of his individual collections of novellas and stories, and his two books of essays, too. There are few writers who mean more to me.

Dubus's prose was lean and elegant, and had a rhythm and musicality that came from the attention he paid to how it sounded when read aloud. He possessed a gift for the striking phrase or paragraph, those lines that are encountered with all the force of revelation. Consider this passage from his short story, "A Father's Story," about the meaning of rituals — in this case, the Catholic Mass:

Each morning I try, each morning I fail, and know that always I will be a creature who, looking at Father Paul and the altar, and uttering prayers, will be distracted by scrambled eggs, horses, the weather, and memories and daydreams that have nothing to do with the sacrament I am about to receive. I can receive, though: the Eucharist, and also, at Mass and at other times, moments and even minutes of contemplation. But I cannot achieve contemplation, as some can; and so, having to face and forgive my own failures, I have learned from them both the necessity and wonder of ritual. For ritual allows those who cannot will themselves out of the secular to perform the spiritual, as dancing allows the tongue-tied man a ceremony of love.

The paean to ritual in this passage points to Dubus's earthy, incarnational religious faith. He understood the holiness of the ordinary. For me, reared in the disenchanted and disembodied wasteland of non-denominational Protestantism, no aspect of Dubus's writing resonated more.

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The Atlantic's Derek Thompson on "A World Without Work":

The U.S. labor force has been shaped by millennia of technological progress. Agricultural technology birthed the farming industry, the industrial revolution moved people into factories, and then globalization and automation moved them back out, giving rise to a nation of services. But throughout these reshufflings, the total number of jobs has always increased. What may be looming is something different: an era of technological unemployment, in which computer scientists and software engineers essentially invent us out of work, and the total number of jobs declines steadily and permanently.

In the Guardian, Barbara Ehrenreich argues that in today's America "only the rich can afford to write about poverty":

This impoverishment of journalists impoverishes journalism. We come to find less and less in the media about the working poor, as if about 15% of the population quietly emigrated while we weren’t looking. Media outlets traditionally neglected stories about the downtrodden because they don’t sit well on the same page with advertisements for diamonds and luxury homes. And now there are fewer journalists on hand at major publications to arouse the conscience of editors and other gatekeepers. Coverage of poverty accounts for less than 1% of American news...

Christopher Caldwell's review of Ta-Nehisi Coates's Between the World and Me is, to borrow a phrase, "required reading":

Coates has written a provocative book about one of the pivotal issues of our time: the confrontation between black youth and forces of order. With an Internet and grassroots campaign having arisen to delegitimize the latter, it would be surprising if the issue did not gather intensity in coming months. Coates’s contribution to the discussion is not well written or well reasoned or trustworthy. But it is politically engaged, and exhilarating in the way that political engagement is exhilarating. If the book itself tells us little about the issue, the reaction to the book among intellectuals tells us a lot. It is evidence that something is changing at the core of our literary culture. Either critics have lost sight that there is such a thing as an unworthy book on a worthy subject; or they are too terrified of being tarred as racists even to give an accurate description of a book about race.

'The Leech Woman'

I confess I didn’t know there was a third Berrigan brother who was also a political activist and peace protester, though not an ordained one. Nevertheless, he appears to have possessed the characteristic Berrigan sense of vocation and certitude.

And did you know that the gangster (Paulie) played by Paul Sorvino in Goodfellas (was it pasta he was cooking to serve with the lobsters in his posh prison cell?) was based on a Brooklyn mobster named Paul Vario? Or that it was an undercover cop, who also happened to be a former teenage delinquent from Brooklyn, who set up Vario and hundreds of other gangsters in one of the NYPD’s most successful sting operations? “As soon as the guy thinks you’re a cop, it’s just like him knowing you’re a cop,” explained Douglas LeVien, the detective who infiltrated the mob. “If he’s suspicious, he’s gonna ask you who’s your mother and who’s your grandmother. And that test you’ll never pass. Then you’re dead.” Ah, gangsters and their mothers. What’s up with that?

Or what about noir and B movie actress Coleen Gray, she of the “luminous skin”? Gray, born Doris Bernice Jensen, played an ingénue opposite John Wayne in Howard Hawke’s classic Red River (1948), and often complained of not being cast as more of a seductress. Later in her career that wish was evidently granted when she starred in The Leech Woman (1960), playing a predator who somehow used fluid from men’s brains to forestall aging.

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Jon Stewart's lessons for journalism

Years ago I interviewed a portrait artist whose portfolio included some distinctly unappealing clients. When I asked if clients had ever expressed buyer's remorse over his honest portrayals, he said most people—at least those seeking a public profile—like what they see in the mirror.

On another level, most people seeking a public profile like what they hear when they speak. During my years as a daily newspaper reporter, whenever I quoted someone making what I considered a bigoted or ignorant remark I braced myself for accusations of misrepresentation. But that almost never came.

One particularly virulent homophobe actually called to congratulate me on fairly presenting his views.

That's why I wasn't at all surprised by the reaction last week when "Daily Show" correspondent Jessica Williams revisited some disgraced—at least in the majority view of the show's audience—interview subjects. Her task during Jon Stewart's final week at the helm was to see if they harbored any grudges.

No, said the pastor who once compared Obama to Hitler, he wasn't a bit sorry he had appeared on the show. But he conceded that he had changed his mind about Obama—whom he now related to Satan.

One of the many brilliant aspects of Stewart's "Daily Show" was that Stewart knew the surest way to skewer ignorance or bigotry is to simply let it speak for itself. He made most of his points simply by running footage of the target.

And while interviews were blatantly edited to allow "correspondents" to insert their—often astounded—reactions, you had the sense that the person being interviewed was given every chance to redeem him- or herself.

Stewart consistently called himself a comedian, not a journalist, yet he exemplified the journalistic lesson that honest means are also the most effective.

Searing as his satire was, he was a rare positive presence on the political and media landscape. Probably that's why he was remarkably successful in getting people he disagreed with to come on his show.

Sure, they did it in large part because of his popularity. But they also came, I think, because they trusted he wouldn’t try to misrepresent them. Rather, he honestly revealed them—and there's satisfaction all around in that.

Here is what the Iran deal—and Obama—are up against

It is no secret—since they announced it—that AIPAC is spending several millions of dollars to defeat the Iran agreement. Obama has called them on it—rightly so. AIPAC should be registered as a lobbyist for a foreign government, which would curtail their spending and their lobbying of Congress.

Obama made reference to this spending in his American University speech and to inaccurate statements being made about the agreement. Now AIPAC and other opponents are hitting back themselves--and with the assistance of the NYTimes, "Fears of Lasting Rifts..."

[T]he tone of the current dispute is raising concerns among some of Mr. Obama’s allies who say it is a new low in relations between Aipac and the White House. They say they are worried that, in working to counter Aipac’s tactics and discredit its claims about the nuclear accord with Iran, the president has gone overboard in criticizing the group and like-minded opponents of the deal.

Except for administration officials defending the president, the story quotes officials of AIPAC and other organizations supporting Israel and opposing the agreement. You can bet there are many people in Washington the Times could have turned to for this story with, shall we say, a more nuanced view.

The NYTimes is not of one mind on the Iran deal. From the editorial page editor's blog, Taking Note.

Fun Chart: 2014 lobbying U.S by AIPAC: $3.06 M; 2014 lobbying U.S. by Israel $2.47 M.

MORE: Andrew Bacevich at the LATimes has these observations (nothing on gay marriage!):

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Riding The Trump Tiger

Last night, along with 24 million other viewers (a record for a primary, apparently), I watched the first Republican presidential debate. If you put aside that this event actually was part of choosing the next leader of the Free World, the spectacle made for great television. Really. It entertained me, though mostly for the hathos of it all. 

Trump was center stage, and the Fox News moderators went after him. (The very first question of the debate asked candidates to pledge not to run as a third party candidate, which Trump refused to do.) That was the dominant fact of the debate, the sun around which all the other skirmishes seemed to orbit. It set the tone, kept the anticipation in the air. But it also offered the rare chance to see Fox almost quaintly appeal to "facts" in order to embarrass Trump, and appeal to consistency to play "gotcha" with nearly all the candidates.  

In short, having turned their news programming into a kind of postmodern performance art for all these years, suddenly the various Fox personalities discovered a concern for civility and a commitment to reason and truth. Of course, the hour was too late for that. 

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The Good Ending

Nine years ago, when our mother was dying of lung cancer, my sisters and I considered  moving her to a hospice. Like many who are dying, my mother viewed hospice with ambivalence and dread, and by the time she agreed, she was too fragile to move. Which was too bad, since the facility I toured—the nation’s first residential hospice, in Branford, CT—was a remarkable place, with an aura of sunlit serenity and a view of the Connecticut coastline that looked strangely Californian. I knew it was exactly the right place for my mother, who had long felt a deep pull toward ocean vistas. But we were too late. Her fear of death prevented her from having the kind of death that would have suited her best.

I was reminded of this, and many other end-of-life predicaments and paradoxes, by Marietta Pritchard’s new book, The Way to Go: Portrait of a Residential Hospice. A retired journalist in her seventies, and wife of Amherst College English professor (and Commonweal contributor) William H. Pritchard, she offers a tender and nuanced account of life—and death—at The Fisher Home, a nine-bed residential hospice in Amherst, Mass, where she has worked as a volunteer for years.

The Way to Go alternates passages from Pritchard’s volunteer journal with short chapters profiling residents and staff at The Fisher Home. Written in the present tense, the book reminded me of Tracy Kidder’s low-key, meticulously detailed studies of institutions, companies and communities, and the individuals who make them thrive. With discerning appreciation Pritchard describes the efforts of nurses, bereavement counselors, doctors and administrators to create “a medically conscientious haven, an oasis for dying people, as well as for their families and friends.”

“Hospice seeks to normalize death,” Pritchard writes, noting what a challenge that is in a culture in which death typically figures as “the unspeakable... the event that cannot be faced.”  Normalizing death turns out to require “undoing the habits of lifetimes;” withholding medical treatment from the dying, for instance, can contravene both the training of health care workers and the loving instincts of family members. “It is hard to relinquish the impulse to feed and hydrate a loved one,” Pritchard acknowledges. But hospice principles recognize that when a person is “actively dying,” pushing food or liquids can actually increase discomfort. So don’t start an intravenous drip. Keep them comfortable with mouth swabs and sips of water. Let the peaceful death happen. “Thank you all,” the volunteer coordinator tells her staff after the death of a resident, “for another good ending.”

Hospice care for the dying involves tradeoffs and dilemmas, like how to adjust medication enough to alleviate pain, but not so much as to obliterate alertness. Pritchard chronicles the sometimes cruel process of being “decertified”—temporary upticks in health that disqualify residents for hospice, forcing them to leave. For those who stay, death looms sooner rather than later (the average stay at Fisher is three weeks), and The Way to Go offers insight into their ways of reckoning with it. Pritchard pays attention to family complexities, describing cases in which the dying person is ready but his family is not, and the obverse as well.

For the residents, dying is an intense, inward, and often idiosyncratic process. One of them, who spends many hours looking out the window, is unsettled when a well-meaning friend, hoping to beautify the panorama, presents her the gift of a hummingbird feeder and a potted flowering plant. “She had gotten used to looking out that window, watching the clouds roll over an austere view,” Pritchard writes. “Now there was more visual complication there, something to pull her attention away from the inner order she was trying to make.” 

Her portraits of residents include both the religiously faithful and the skeptical, and all types of personalities—the cranky, the dour, the serene, the raucously irreverent. A rabbi, conducting a memorial service for one resident, recalls his last meeting with the dying man. “As I was holding his hand and speaking with him, he suddenly opened his eyes and took a break from breathing his last to inquire of me: ‘Who the fuck are you?’” Approaches to dying are as many and various as we are ourselves. Some residents achieve peace. Others fight with all their might, raging against what lies ahead.

The Way to Go studies a hospice in a liberal, largely agnostic college community. The Catholic hospice movement has its own tradition and culture, but it reflects many of the same core principles—and provides many of the same spiritual benefits to those who work in it. As John Paul II noted in a 2004 address to the Pontifical Council for Health Pastoral Care, “Daily experience teaches that the persons most sensitive to the suffering of others and who are the most dedicated to alleviating the suffering of others are also more disposed to accept, with God’s help, their own suffering.”

For Pritchard, volunteering at The Fisher Home involves no dearth of moving moments, as when she sits a deathbed vigil for one particularly beloved resident and finds herself humming “Jesus, Lover of My Soul” as he expires.  Though her days there can be hectic, they nevertheless provide “a kind of meditative quality.” Well aware that she herself has far more life behind her than ahead, Pritchard finds in The Fisher Home a salutary way of focusing on ultimate things. “Volunteering at a hospice keeps me from forgetting that life ends,” she writes, and “also teaches me that life goes on until its end, and that the last stretch can be as valuable and satisfying as any other part of our existence, if we allow it to happen that way.” Bravo.

A breath of fresh air and a dose of reality

President Obama spoke at American University on August 5. In defense of the Iran nuclear agreement he said many things, worth thinking about. Among them a recognition that U.S. and Israeli national interests (at least as seen by PM Netanyahu) are not congruent:

OBAMA: "I have also listened to the Israeli security establishment, which warned of the danger posed by a nuclear armed Iran for decades. In fact, they helped develop many of the ideas that ultimately led to this deal. So to friends of Israel and the Israeli people, I say this. A nuclear armed Iran is far more dangerous to Israel, to America, and to the world than an Iran that benefits from sanctions relief.

"I recognize that prime minister Netanyahu disagrees, disagrees strongly. I do not doubt his sincerity, but I believe he is wrong. I believe the facts support this deal. I believe they are in America's interests and Israel's interests, and as president of the United States it would be an abrogation of my constitutional duty to act against my best judgment simply because it causes  temporary friction with a dear friend and ally.

"I do not believe that would be the right thing to do for the United States, I do not believe it would be the right thing to do for Israel."

The text of the talk from the Washington Post.   

Paul Pillar analyses Obama's idea of "mindsets."

Constitutional in Idaho

Lynn Winmill, a federal judge [in Idaho] has ruled that Idaho’s law banning secret filming of animal abuse at agricultural facilities is unconstitutional.

Audio and visual evidence is a uniquely persuasive means of conveying a message, and it can vindicate an undercover investigator or whistle-blower who is otherwise disbelieved or ignored.

Prohibiting undercover investigators or whistle-blowers from recording an agricultural facility’s operations inevitably suppresses a key type of speech because it limits the information that might later be published or broadcast.

The state law passed at the behest of the dairy industry argued that films of animal abuse was hurting business. Too bad says the judge! (See the AP story.)

Let's see how this goes down in California where two restraining orders have been issued against David Daleiden & Co. for filming abortion providers talking about fetal parts for research and most recently lab technicians showing fetal hearts, livers, etc.

The irony of the contrast, I leave to your own thoughts and imaginations.

A New Look, and Some New Features

You may have noticed that Commonweal looks a little different in places today. It’s been just over two years since the last major redesign of the website, a long time in online publishing, and we’ve made a few modifications to acknowledge and address how readers’ expectations and habits have changed in that time.

For one thing, we’ve made our articles easier to read on all screens—desktop, laptop, tablet, or phone—with a template featuring narrower column widths, wider margins, and a different type face. For another, we’re making greater use of photographs and images, and making them more prominent. And with so many more of our readers sharing what they read via social media, we’ve made it easier to find our Facebook, Twitter, and other social networking buttons.

We’ve also changed the way that comments appear. Rather than having to scroll to the bottom of a story to post and read comments, you can now call up the comment box alongside the story. Just click the “Comments” link above the article: A scrollable window of comments will appear to the right of the article, with the option to “add new comment” clearly indicated. If you want to hide the comments window, just click the “close” button. And, we’ve given editors the ability to select comments they think deserve greater attention and highlight them in the “Editor Featured” tab.

Overall, we think these relatively small changes represent some big improvements. But of course, if you have any specific questions or complaints about how things are working on your end, the best thing to do is contact us directly. Otherwise, go ahead and carry on reading, sharing, and commenting on the stories you come to Commonweal for. 

Robert Conquest, RIP

Robert Conquest has died at the age of 93. By the end of his life, he was best known as a historian, whose landmark book The Great Terror detailed Stalin's brutal purges. Conquest's assessment of Stalin's aims and methods, controversial when The Great Terror first appeard in 1968, was largely vindicated when new information came to light after the fall of the Soviet Union. (When a new edition of the book was published in 1990, Conquest wanted to call it I Told You So, You F***ing Fools.)

But long before Conquest became famous as a historian, he was known as a poet. He belonged to a group of British writers known collectively as The Movement, which included Kingsley Amis, Philip Larkin, Thom Gunn, and Elizabeth Jennings. It was a fairly heterogeneous group, more a ragged circle than a movement. Its members all belonged to roughly the same generation, but had little else in common apart from a desire to get out from under the shadow of literary modernism. Most of them were more influenced by Yeats and Robert Graves than by Eliot and Pound.

Amis, who also wrote poetry, became famous as a novelist. Larkin became the most important poet of postwar Britain. Thom Gunn moved to northern California, joined the counterculture, and started writing free verse.* Elizabeth Jennings, a Catholic, enjoyed a loyal following but was never taken as seriously as the Movement men—and certainly not as seriously as she deserved to be taken. (She was never well known in the U.S.)

Conquest's reputation as a historian eventually eclipsed his reputation as a poet, though not totally: among those who love the limerick, he was considered a modern master. After the jump, three of his finest (with unasterisked profanity).

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St. Anne, St. Anne, Email Me a Man

I, along with thousands of subscribers, received the following e-mail from the Catholic Match institute this week. I’d like to respond to it publicly, because I think it raises a lot of important questions for young single people grappling with being young and single. And because the author actually asked me a lot of questions.

Dear Kaitlin,

I was driving down the highway as I passed the Shrine of St. Anne, a French gothic church dedicated to the Mother of the Blessed Virgin Mary. The gorgeous church reminded me of the prayer, "St. Anne, St. Anne, find me a man." I felt silly praying it, but was willing to try anything at that point.

Don’t feel silly, I can relate. I downloaded Tinder.

As I sped by, I turned up my music and tried not to worry, but I had my doubts and again wondered: Will I ever meet "The One"?

Not if The One meets you first! As U2 once said (Were you listening to U2?): “God moves in mysterious ways.”

What am I doing wrong?

Maybe pull over next time. Don’t just drive by.

Why haven't I met anyone yet?

Well, maybe you need to lower your standards. Have you considered downloading Tinder?

Am I afraid of change?

There’s only one way to find out. A good test is a new haircut. If it scares you, you’re afraid of change. If it doesn’t, push the limits. Maybe shave it all off and see if that scares you.

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Why we love "guv'mint"

Here’s a complete page-one story from the local weekly, The Deposit Courier:

NYS Inspector Forces Name Change for Browns Pharmacy

To satisfy state inspectors and state regulations, Brown’s Pharmacy has a new sign.

Pharmacist Jeff Hempstead said the pharmacy with its adjoining gift shop was reconfigured in 1988.  At that time the inspectors approved of the new store design and signed off on the project.

Every year inspectors have given the pharmacy high marks and there has been no indication of any infractions.

During the most recent inspection, this year’s inspector said because the entrance does not lead directly into the pharmacy the signage had to be changed.  The old Brown’s Pharmacy sign had to come down because it was technically over the gift shop side (now an Irish Peddler) and a new sign indicating that the pharmacy is a “Department Within” had to be added under the Pharmacy sign over the pharmacy’s windows.

“We want to reassure the community that nothing is changing with the pharmacy except the sign,” Hempstead explained.  “The inspectors are not always the same and this guy cited us because of the entrance.  I’ve added the little white ‘Department Within’ sign to satisfy the inspector.”

Hempstead said he has always registered it as a “pharmacy.”  Now, he has to re-register as a “pharmacy department.”  He said he plans to contest the ruling and he plans to re-hang the familiar “Brown’s Pharmacy” sign that has identified the pharmacy since 1847.  It will probably have a new home on the pharmacy side of the building but at least it will remain a familiar Front Street landmark.

My comment:  “… since 1847”!

But wait!  Did the inspector have a point?

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New issue, now live

Our full August 14 issue is now up on the website.

Among the highlights, Cathy Kaveny explains how secular law can teach the church something about mercy for divorced and remarried Catholics that it already knows:

No legal provision is self-interpreting; each law must be understood and applied with reference to the good of the community it purports to serve, and Jesus regularly reminds us that the commands and prohibitions of the Torah must be situated in a broader context.... Catholicism viewed marriage as a symbol of the unbreakable union of Christ with the church—like the union of a bishop with his diocese. But from the beginning of church history, the symbolic value of both sorts of unions had always been balanced against other values.

Read all of 'Mercy for the Remarried' here.

Jo McGowan questions why the debate over same-sex marriage can cause rage:

Religious teaching reinforces that disgust with frequent reminders that gay sexuality is sinful and inherently disordered, subtly making it acceptable to discriminate against LGBT persons and adding to a climate in which outright persecution is also acceptable. There is no such hysteria about other “sins.” Greed, for example, robs the poor of a just wage, legitimizes mindless consumption, and destroys the natural environment. But while we may disapprove of it, we don’t isolate or target all those greedy people.

Read all of 'The More You Know' here.

Also in this issue: Fr. Nonomen's advises on how to do a funeral (step one: keep your glasses off the coffin...); Bethe Dufresne reflects on her experience standing between two confederate flags; Anthony Domestico reviews new, important books from Claudia Rankine and Jeffery Renard Allen about living with racism in the United States; and Jean Hughes Raber reviews Laura Swan's new history of a forgotten women's medieval movement .

See the full table of contents for August 14 here:

Guilty Book Pleasures

Like many Americans, I do some “guilty pleasure” reading each summer. Do you make this distinction? For me, guilty pleasure means a novel I enjoy reading, even can’t put down, but don’t particularly admire. During a recent vacation I read four novels: Eight Black Horses, by Ed McBain; The Girl on the Train, the bestseller by Paula Hawkins; Jonathan Franzen’s new novel, Purity; and After the Fire, A Still Small Voice, by the Anglo-Australian novelist, Evie Wyld. Two guilty pleasures; two un-guilty.

For me, genre novels are often the guilty kind. The opening scene of Eight Black Horses (one of McBain’s 87th Precinct series) is as formulaic as Law & Order, which it distinctly resembles. Body is found in gruesome circumstances; cops show up and exchange mordant-morbid jokes; the investigation begins. Classic police procedural, and for me, very enjoyable. But nothing in a novel like this is going to surprise you. All the pleasures lie in the reconfirmation of the already-familiar; even the cops themselves are worn down by familiar routines, and we enjoy hearing them say so.

A friend of mine, Michael Robinson, a historian of science with an avid interest in science fiction, likes to challenge my notion of the guilty literary pleasure; he defends genre fiction and insists that its practitioners deserve more literary respect than they get (I’ll agree when it comes to Philip K. Dick, though I balk at Orson Scott Card). But it’s not about genre, really. I can think of any number of novels I have admired, from John le Carre’s The Honourable Schoolboy many years ago, to Emily Mandel’s Station Eleven last year, that qualify as genre but still pass my test. 

One way to know you’re in a guilty-pleasure novel is speed. You dive in for an hour, and find you’ve read a hundred pages. This is less reading than careening. A novel, like a highway, has to be built in such a way that will allow this.  Can you skim, and still follow what’s going on? The guilty-pleasure novel allows you semi-consciously to separate narrative elements, sorting what drives the plot from what is mere scene-setting, and then read accordingly, cruising past “filler” to land on important plot turns or payoffs.  The guilty-pleasure read is all about ease. You never have to reread. There are no impediments. Everything is designed to keep you cruising.

In contrast, many of the novels I have prized most over the decades do the opposite: slow you down.  Language is used in unexpected ways.  Temporal structures and points of view shift. Ironies ramify on multiple levels. Chapters do not follow precut sizes or designs. These writers have a way of making you stop to reflect. You pause from reading in order to put the text of your own life up against the one you are immersed in. You are being invited, lured, or even forced into a meditative action. James Joyce’s “Araby” is a small, seemingly innocuous story, but I have lingered for years over its radiant and elusive closing lines. This slowing-down action is a basic part of my memory of reading Faulkner, Joyce, Nabokov, and even Hemingway... and more recent books as well, like Marlon James’ A Brief History of Seven Killings. Or most of Alice McDermott. Or Evie Wyld.

Evie Wyld’s novels are the slim, spare-looking kind you think you’ll polish off quickly. But two hours later you’re only on p. 60.  You spend time getting your bearings. You flip back to re-check something thirty pages ago. (Even the title – After the Fire, A Still Small Voice --  slows you down.) Wyld’s language and perceptions are just offbeat enough to keep you alert. After the Fire is set partly in Australia in the early 1950s. Consider these sentences describing a boy’s impression of a dreary Australian Christmas, his father off fighting in the Korean War, and the boy’s angst triggering an oppressive sense of a dark presence or fate shadowing him: 

Christmas day was tense, full of wide fake smiles and the smell of too many cloves in the pudding... Leon went to the bridge and watched people strolling through the harbour in their Christmas outfits. Women with legs the colour of sweet nut glaze, their dresses high and tight to their throats, the clip of their short steps. The girls with the secrets under their skirts, fingernails like preserved cherries. Something watched him from under the bridge, he could feel it, something that snuffled and scritch-scratched. It threw him looks from the coolest bit of shade.

The un-guilty literary pleasure is delivered by writers using language to convey the impression of a world seen fresh, felt fresh. Wyld’s second novel (she has published just two), All the Birds, Singing, is a small masterpiece that I’ll hope to discuss in a future post. A slender, dense, eccentric novel, it weaves two first-person narratives around a nominal mystery (something is killing the sheep on a small farm off the coast of England) to create a meditation on suffering, memory, and the construction of the self. It’s a novel that gets its grip on your imagination and just won’t let go.

When all is said and done, for guilty pleasures I prefer novels – like McBain’s --  that make no claim to being literature, over those that have middlebrow pretensions, like Gone Girl, or Girl on a Train. (A novelist friend of mine, Dan Pope, recently reeled off the list of novels with “Girl” in the title, discerning a brazen play for women readers. How many novels have “boy” in the title?) Writers like Paula Hawkins or Gillian Flynn have figured out how to give their sentences a sheen of contemporary literary realism, but beneath it you can hear the plot machine clanking away.

These highbrow/lowbrow discussions of the arts in America afford endless opportunity for contested categorization and bitter border wars. What I want to point out is that like any other muscle, the novel-reading muscle needs exercise. In all calisthenics we get accustomed to the machines we use, and I suspect that reading too many Gone Girls will, over time, make it harder to read Evie Wyld.  You’ll lack the patience. You’ll slow down and stop. It’s too dense, too rich, too digressive... too hard. I mean, it’s summer, right?

Like summer itself, the guilty reading pleasure is gone far too quickly. But great literature clears a space in your mind that stays there for a long time.

Coming Home by Teaching the Beatitudes according to Lúcás Chan

After two weeks of teaching a bioethics course in Pune in the second half of June, I began July in Bangalore where I taught a very intensive two week course for 26 licentiate and doctoral students meeting 4 hours a day.

The course was “Biblical Ethics” and it was to be team taught by Lúcás Chan and me. Though I team taught courses frequently with Dan Harrington and with Roger Haight, this would be my first time team teaching with a former doctoral student. We agreed to meet in Bangalore on July 1 a little more than two weeks before Chan would be chairing the first ever Pan Asian conference of Catholic Theological Ethicists. We had each written two books in this fairly new field that Chan pioneered. Unfortunately, as many of you know, Chan died of a heart attack on May 19th.

In this light, I decided I should only teach his work. I thought, if I taught both his and mine, more students would naturally ask me about mine. Besides they probably would have been more deferential to my work, though Chan’s you will see is the more significant.

The decision was a good one.

Unlike anyone before him, Chan established normative criteria for doing biblical ethics. In Doing Biblical Ethics in the 21st Century: Developments, Emerging Consensus, and Future Directions, he insisted that writing biblical ethics required exegetical competency as well as a competency in ethics, particularly in proposing a method for applying the exegetical insights to ordinary moral life. Additionally Chan argued that virtue ethics was a most worthy method for making that application.

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Naked Racism, or Naked Partisanship?

Upon the Supreme Court's 2013 Shelby ruling that invalidated long-standing preclearance provisions of the Voting Rights Act, a number of states that had been subject to those provisions immediately began to impose new restrictions on voting and voter registration. Many believe these to have a disproportionate effect on African American voters, and thus many also and understandably believe these restrictions to be racially motivated. But what if it's not racism that generated opposition to the VRA and spurred the move toward the new, stricter requirements their backers say are aimed at reducing vote fraud? What if it instead is "naked partisanship"?
That's a possibility Randall Kennedy floats in his Harper's review (subscription) of Ari Berman's new book, Give Us the Ballot. After several pages spent on the history of voting rights since Reconstruction -- including the 1965 passage of the VRA and the political hostility toward it, as seen only in part by Richard Nixon and Ronald Reagan's expressed preference for not signing reauthorization -- Kennedy toward the end of the piece cites recent legal scholarship in reconsidering the significance of race in the Shelby decision and subsequent implementation of voting rights restrictions.
Samuel Issacharoff, for instance, writing in the Harvard Review, "compared Section 5 of the VRA to an aging athlete, 'one step too slow to carry the team.'" Its forced retirement may be a good thing, prompting voting rights advocates to to consider "new mechanisms to a new era" that should no longer focus on "'the historically central question of racial exclusion.... [T]he category of race increasingly fails to capture the primary motivation for what has become a battlefield in partisan wars.'" Similarly, Guy-Uriel E. Charles and Luis Fuentes Rohwer in the Yale Law Journal--though skeptical of the Shelby decision--"do not see the end of preclearance as the disaster" that some bemoan: "'[I]n the current era we cannot say without any amount of certainty that the central problem of voting is race.'" Kennedy himself comes down on this side: "The VRA has completed the main task it was designed to address. Societal changes have made inconceivable the recrudescence of wholesale, unambiguous racial disenfranchisement" (italics his). 
The reaction to this of those alarmed by the spate of recorded deaths of African Americans at the hands of law enforcement; by the racially motivated attack on Charleston's Emanuel AME Church; and by the edgy resentment of those opposed to the removal of Confederate symbols from public spaces might be: Wouldn't it be pretty to think so?  A return to unambiguous racial disenfranchisement may not seem so inconceivable in the midst of all of this. Then add in what this weekend's New York Times Magazine lengthy cover story characterizes as a five-decade effort by Republican activists at systematically dismantling the protections of the VRA: Is there anything so ambiguous about that campaign?
And yet: what if Kennedy is on to something?
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