“When You Go To Tearing the Lights Off My Jesus … You Just Don’t Do That”

So says Daniel Long of Muncie, Indiana, who put a statue of Jesus outside the patio door to his apartment. Mr. Long placed a spot on the statue that casts His shadow on the apartment building, which apparently overlooks a polling place.

The manager of the complex asked him to remove the statue and, when Long refused, tried to remove it himself, causing a near altercation and the observation that titles this post.

What I find interesting is the manager’s claim that he is required to remove the statue because of the Fair Housing Act, which prohibits any “notice, statement or advertisement that indicates a preference, limitation or discrimination based on religion” in the sale or rental of housing.

That argument seems to be a non-starter.

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The Long March

In November, 1868, the newly freed slaves in South Carolina turned out to vote in the first presidential election they had ever been allowed to participate in. It was a momentous occasion; hundreds of thousands of persons who had been deprived of their rights for centuries were now finally able to enjoy all of the privileges of citizenship, including the right of suffrage. Voting in the 1860s meant travelling long distances to the county seat to cast a ballot, often requiring an overnight stay; it was an arduous process, but they were eager to make the attempt.

But many in 1868 found that they had made the trip for nothing. Armed militias of whites, determined to prevent blacks from voting, arose all across the South, particularly in South Carolina. Acting at the direction of Democratic party leaders, these bands of vigilantes, sometimes calling themselves Ku Klux Klans, confiscated Republican ballots, threatened prospective voters, and assassinated Republican candidates for office. On the two days of the November election, hundreds of armed whites rode all over upcountry South Carolina, surrounding polling stations and preventing blacks from entering. The tactic was a success; blacks were denied the right to vote in several South Carolina counties, and the local Democratic ticket was elected by large majorities in all of them.

And so, it is a measure of the distance we have come in 140 years, that yesterday an African-American man was elected as President of the United States, on the Democratic Party ticket, in an election that was almost entirely peaceful.

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With Obama Elected, Will This Be the Last Term for Justice Stevens?

Justice John Paul Stevens has long been regarded as a stalwart of the Supreme Court’s liberal wing, but he turns 89 next year.  If he cares about having an ideologically similar successor on the Court, he may want to retire on a timetable that will permit a successor to be confirmed in time for the start of the next October term.  Not only would this permit a smooth transition for his colleagues, but it would also allow soon-to-be-President Obama to take advantage of his party’s large majority in the Senate.  Mid-term elections are notoriously tough on sitting presidents, so it might be risky for Stevens to wait much longer — from the standpoint of maximizing the odds of an easy confirmation for a liberal successor. 

But I hope that Stevens will not act in so transparently political a manner.  The Court’s legitimacy rests to no small extent on perceptions that its members are above politics.  Sure, anyone who is paying attention knows that there are “liberals” and “conservatives” on the Court, and no once can reasonably expect the Justices entirely to suppress their fundamental political values when they decide cases.  But that sort of partisanship is different than trying to control the composition of the Court, which seems to me something considerably crasser.  I hope that Stevens remains on the Court for as long as he feels that he can function effectively — even if that means President Palin selects his successor.

Continue ReadingWith Obama Elected, Will This Be the Last Term for Justice Stevens?