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The morning read for Tuesday, May 4

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Tuesday morning read: Justice Clarence Thomas, Long Silent, Has Turned Talkative (Adam Liptak, The New York Times) Supreme Court declines to revisit precedent that restricts lawsuits from service members (Robert Barnes, The Washington Post) Justice Clarence Thomas says ex-West Point ...
Tags: Maryland, Supreme Court, Law, West Point, Washington Post, Associated Press, Round-up, Robert Barnes, Adam Liptak, Clarence Thomas, New York Times Supreme Court, Feres Doctrine, Clarence Thomas Long, Pete Williams NBC News Supreme Court, Meghann Myers Military Times Supreme Court

Court names military attorney as second-ever female marshal

Col. Gail Curley, an attorney in the U.S. Army who has advised military leaders on national security law, will be the Supreme Court’s new marshal, the court announced on Monday. Curley succeeds Pamela Talkin, the first woman to serve as marshal, who retired last year after 19 years on the job. Curley, who will begin her new position on June 21, comes to the court 30 years after graduating from West Point with a bachelor’s degree in political science. She received her law degree from the Univers...
Tags: Featured, Supreme Court, Law, West Point, Germany, Afghanistan, Army, U S Army, Howe, University of Illinois College of Law, Curley, What's Happening Now, Pamela Talkin, Gail Curley, National Security Law Division, Supreme Court Police Force

Justices turn down cadet’s attempt to sue government over sexual assault

The Supreme Court won’t weigh in on whether a West Point cadet who was sexually assaulted by a fellow classmate can sue the federal government. The justices announced on Monday morning that they will not hear oral argument in Doe v. United States, one of the cases that they considered at their private conference last week. The justices also called for the federal government’s views in two cases, but they once again did not act on a closely watched challenge to a Mississippi law that would gener...
Tags: Featured, Mississippi, Supreme Court, Law, West Point, Congress, United States, DOE, Thomas, Dobbs, Howe, Jane Doe, American Axle, Goldstein Russell, United States Military Academy, FTCA

"In the war of racism, we don't want scouts, we want soldiers."

That's a comment, from Washington Blogger, that was emailed to me after I noted the absence of any Critical Race Theory analysis in the New York Times story about the West Point cheating scandal. The "scout"/"soldier" terminology harks back to a post 5 days ago about the "tech elite's favorite pop intellectual Julia Galef." As NY Magazine put it:"Galef argues for what she calls 'scout mindset,' which she contrasts with 'soldier mindset.' The idea is that evolution has wired our minds to be soldi...
Tags: Law, West Point, Washington, New York Times, NY Magazine, Julia Galef, Race And Education, Ann Althouse, Critical Race Theory, Galef, Washington Blogger

"On Friday, West Point officials said in a statement that the [second-chance] program had 'not met its intended purpose' of increasing the self-reporting of honor code violations and reducing cadets’ tolerance for them...."

"'The tenets of honorable living remain immutable, and the outcomes of our leader development system remain the same, to graduate Army officers that live honorably, lead honorably and demonstrate excellence,' General Williams said in a statement. 'West Point must be the gold standard for developing Army officers. We demand nothing less than impeccable character from our graduates.'... Tim Bakken, a professor of law at West Point, said the involvement of so many athletes in a cheating scandal was...
Tags: Education, Law, West Point, US, Sports, West, Military, Ethics, Williams, Army, Monty Python, Nyt, Times, Usaf, Nelson, Medina

Petitions of the week: Four petitions that test the limits on lawsuits against the government

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. Three of the petitions involve women seeking redress from counties and the military for their role in creating conditions that allowed them to suffer sexual and physical assaults. Broadly speaking, sovereign immunity protects states from suit. However, in 1908’s Ex parte Young, the Supre...
Tags: Texas, Featured, Supreme Court, Law, West Point, Congress, United States, New Jersey, Ohio, Ada, Terry, DOE, Young, Murphy, Robinson, U S Court of Appeals

"The Democratic agenda to me right now is America is systematically racist and evil and the only people who can fix it are Democrats. That’s the vibe I get."

Said John Geraghty, a 41-year-old Wisconsin tractor factory worker, quoted in "How Chaos in Kenosha Is Already Swaying Some Voters in Wisconsin/As residents see fires and looting, some worry that local Democratic leaders are failing to keep control of the situation."I have an earlier, longer post about that article, but I really wanted to break out that quote and put it in a headline, because it succinctly states a problem that I thought about a lot as I watched the 3rd day of the GOP convention...
Tags: Law, West Point, America, Gop, Wisconsin, Biden, Martin Luther King Jr, National Anthem, Trump, Kenosha, Mike Pence, Johnny, Fort McHenry, Adkins, Melania, Ann Althouse

"In the first presidential race in which the combined age of the two leading candidates exceeds 150 years..."

"... mental acuity and physical health have become a central theme as the 77-year-old Biden and the 74-year-old Trump compete for votes. While previous presidential contests have included whisper campaigns and rumors about candidates’ health, the open charges of senility flying between the two camps sets the 2020 contest apart.... As the video of Trump on the ramp trended online Saturday, the president took to Twitter to explain his cautious stroll. 'The ramp that I descended after my West Point...
Tags: Safety, Law, West Point, Aging, Hillary Clinton, Biden, Philippe Reines, Clinton, Joe, Trump, WaPo, Washington Post ABC News, Ann Althouse, Trump 2020, Candidate Infirmity

Senate Removes Phrase ‘White Nationalist’ From Measure Intended To Screen Military Enlistees

(CNN) — The Republican-controlled Senate quietly cut the phrase “white nationalist” from a measure in the National Defense Authorization Act, which was intended to explicitly address the threat of white nationalists in the military, altering the language of a House-passed amendment before passing the massive military spending bill Tuesday. The House amendment, which was passed in July, was drafted to explicitly study the feasibility of screening for white nationalist beliefs in military enlistee...
Tags: News, West Point, California, Washington, Senate, Defense, US, Department Of Defense, Cnn, Military, House, Luxembourg, Espn, Donald Trump, Huffington Post, Esper

Possible ‘White Power’ Hand Signs Displayed at Army-Navy Football Game, Prompting Investigations

(PHILADELPHIA) — The Army and Navy academies are looking into hand signs flashed by students that can be associated with “white power” and were televised during the Army-Navy football game on Saturday, school officials said. Cadets at West Point and midshipmen at the Naval Academy in the stands both appeared to display the sign during the broadcast, officials with the two military academies told The Wall Street Journal. The gesture was seen during an ESPN broadcast segment. School officials...
Tags: New York, News, West Point, Navy, Uncategorized, Sports, Military, Army, Pentagon, Philadelphia, Espn, Journal, U S Coast Guard, Anti Defamation League, Naval Academy, U S Naval Academy

"US military opens investigation after West Point cadets and Annapolis midshipmen appeared to flash white power hand signs during the live broadcast of the Army-Navy game."

The Daily Mail reports.At least two cadets and one midshipman were seen making the hand symbol. The hand sign is formed by joining the the index finger and thumb in a circle while extending the other three fingers, as in the traditional 'OK' symbol. A similar gesture is used in the so-called 'circle game,' in which the person making the gesture tries to trick someone into looking at it, and if successful gets to punch the onlooker in the arm. However, the ambiguous nature of the gesture is part ...
Tags: Law, West Point, US, Military, Gestures, Racists, Annapolis, Army Navy, Ann Althouse

Character Takes Flight

In his book, “The Spirit of St. Louis,” Charles Lindbergh admits that he wasn’t completely sold on the idea when contemplating his first parachute attempt, “The thought of crawling out onto the struts and wires hundreds of feet above the earth, and then giving up even that tenuous hold of safety and of substance, left me a feeling of anticipation mixed with dread, of confidence restrained by caution, of courage salted through with fear,” he wrote. Lindbergh isn’t alone in this feeling. Tell some...
Tags: Leadership, West Point, Colorado, History, People, Military, Innovation, Air Force, Academy, John Kelly, Charles Lindbergh, Kelly, Lindbergh, Air Force Academy, United States Air Force Academy, Agile

Stearman Kaydet

The Stearman model 75, or Stearman Kaydet, was the primary trainer for Army and Navy pilots for more than a decade. The two-seater biplane’s simple and sturdy design made it ideal for novice pilots. jQuery(document).ready(function($){ // If multiple elements are selected, it will use the first element. var player = new Vimeo.Player($('#aesop-vm-18028-2')); $('#aesop-video-1802...
Tags: Europe, West Point, Navy, History, Military, United States, Royal Air Force, Army, Brazil, Raf, Continental, David Brown, Jacobs, U S Army, U S Navy, Warrenton Va

Late-breaking news.

"How Edgar Allan Poe Got Kicked Out of the U.S. Army" (The Daily Beast).Something about the grit and lethal glamour of martial life must have appealed to him, and he excelled during his initial period of army service.... Poe’s promotion to artificer after only a year or so in service was a recognition of his competence, hard work, precision craftsmanship, and keenly applied scientific intellect....The evidence indicates he toed the line as an enlisted man. The same cannot be said of his time at ...
Tags: Law, West Point, Edgar Allan Poe, Poe, U S Army, Ann Althouse

Exhibit explores vastly different views on war memorials this Veterans Day

A display case with items related to World War II are just part of the exhibit, Remembering War in Southern California, done by Chapman UniversityÕs MA Program in War and Society Studies, on Wednesday, November 7, 2018. The exhibit is on display at Chapman University’s Argyros Forum. It shows a history of American wars through monuments in Southern California, artifacts and photographs. It is on display to the public through January. (Photo by Mark Rightmire, Orange County Register/SCNG) Cam...
Tags: South Korea, News, West Point, California, Iraq, America, Los Angeles, Sport, Society, Afghanistan, Soccer, United States, New Jersey, Winston Churchill, Army, Marine Corps

Fox & Friends Sued For Throwing Ax Into Little Drummer Boy

Respecting the troops by throwing axes at them is so late-Republic America.
Tags: Law, West Point, Fox, Lawsuits, Courts, Fox & Friends

Reports of Sexual Assault Have Doubled at West Point

It's the fourth year in a row that such reports increased at the school
Tags: News, West Point, Uncategorized, Military, Overnight, Onetime

Seeking the "purity" of "younger women."

Talking Points Memo quotes what Pastor Flip Benham said on the radio last night:"Judge Roy Moore graduated from West Point and then went on into the service, served in Vietnam and then came back and was in law school. All of the ladies, or many of the ladies that he possibly could have married were not available then, they were already married, maybe, somewhere. So he looked in a different direction and always with the [permission of the] parents of younger ladies. By the way, the lady he’s marr...
Tags: Law, West Point, Purity, Vietnam, Roy Moore, Kayla, Benham, Jonathan Haidt, Haidt, Ann Althouse, Creepiness, Flip Benham

Formation of Friendship

In the summer of 2008, on a lush grass field in Bealeton, Virginia, Sue Tucker Brander approached the blue and yellow plane of her new friend, civilian pilot and Air Force Reservist David Brown. In her hand was a framed black and white photograph. The photo showed a young man wearing a leather helmet and goggles in the rear cockpit of a biplane, his head down performing his preflight checks. At the bottom of the frame was written “Al Tucker, First Solo -1942.” Brander pointed to Brown’s plane an...
Tags: Europe, England, New York, West Point, Navy, California, Washington, Germany, Berlin, Uncategorized, History, People, Dave, Military, United States, Paris

"First and foremost, standards at West Point are nonexistent. They exist on paper, but nowhere else."

"The senior administration at West Point inexplicably refuses to enforce West Point’s publicly touted high standards on cadets, and, having picked up on this, cadets refuse to enforce standards on each other. The Superintendent refuses to enforce admissions standards or the cadet Honor Code, the Dean refuses to enforce academic standards, and the Commandant refuses to enforce standards of conduct and discipline. The end result is a sort of malaise that pervades the entire institution. Nothing ma...
Tags: Education, Law, West Point, Ann Althouse

The NFL, Spenser Rapone, And the Project Of Cultural Terraforming

Here is a recent graduate of West Point. His name is Spenser Rapone.  His introduction of fame and glory apparently came from being associated with “Veterans for Kaepernick.” has a discussion on him, and West Point has issued a statement of condemnation of his actions. Don’t be surprised.  And be aware that the NFL protests, childish and sophomoric that they are, aren’t about the American flag any more than the Antifa protests are about freedom and liberty.  Spenser and the NFL are r...
Tags: South Korea, Politics, West Point, NFL, America, Military, Army, Marine Corps, National Football League, David Petraeus, Don, Daniel, Bateman, George Soros, Robert Bateman, Stanley McChrystal

"West Point cadet in sexual hostility case cannot sue: U.S. appeals court."

"West Point cadet in sexual hostility case cannot sue: U.S. appeals court." Jonathan Stempel of Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Tags: Law, West Point, Reuters, U S Court of Appeals for the Second Circuit, Jonathan Stempel

"Jury orders blogger to pay $8.4 million to ex-Army colonel she accused of rape."

WaPo reports.Col. David “Wil” Riggins, after a highly decorated Army career that included multiple tours in Iraq and Afghanistan, was on the verge of promotion to brigadier general in July 2013 when he... learned that a blogger in Washington state had just accused him of raping her, when both were cadets at West Point in 1986...Riggins waived his right to an attorney and immediately gave a statement denying any sexual assault of the woman, Susan Shannon of Everett, Wash. Shannon also cooperated ...
Tags: Facebook, Law, West Point, Washington, Virginia, Iraq, Afghanistan, Rape, Army, Newtown, Defamation, WaPo, Shannon, John McHugh, Riggins, Ann Althouse

Read Donald Trump’s Interview With TIME on Being President

President Trump hosted correspondents from TIME for a nearly 100-minute wide-ranging discussion on Monday, May 8 over a four-course dinner in the Blue Room of the White House. Joined by Vice President Mike Pence and two senior Administration officials, Trump weaved between topics and frequently went off the record. Excerpts from his conversation with TIME Editor Nancy Gibbs, Washington Bureau Chief Michael Scherer and White House Correspondent Zeke Miller are below: On the job I find the...
Tags: Google, Japan, Isis, News, Obamacare, Obama, West Point, Australia, Washington, White House, China, Germany, Angela Merkel, Iraq, Defense, Uncategorized

Army Secretary Nominee Senator Mark Green Withdraws

He seems like a good, decent and honorable man. Tennessee state Sen. Mark Green (R), President Donald Trump’s nominee for Army secretary, strongly believes that citizens should be armed ― and not just with any ol’ guns. They should be able to possess whatever weapons the military has, because an armed citizenry is the “ultimate checks and balances” against the federal government. “The Second Amendment, while it allows citizens to protect themselves from other citizens, goes well beyond ju...
Tags: Politics, West Point, Senate, America, Green, Military, Tennessee, House, Army, Donald Trump, Trump, Mark Green, Clarksville, Sen Mark Green R, Senator Mark Green

Vietnam captain recalls trick that faked the enemy, saved lives and earned Medal of Honor

  Watch the latest video at Army Capt. Paul “Buddy” Bucha faked out the enemy while leading a motley crew in Vietnam. The Medal of Honor recipient was hailed as a hero after he made North Vietnamese fighters believe his 187th Infantry Regiment was much bigger than it really was. The combination of bravery and cunning helped him earn the nation's highest military honor, an award bestowed upon him by the president. In 1967, Bucha — who graduated from West Point and ea...
Tags: West Point, Stanford, Military, Vietnam, Maj Pain

U.S. Crews Fail To Place In NATO Tank Competition

Popular Mechanics: A recent competition hosted in part by the U.S. Army and designed to test core tank crew skills saw European crews take the top honors, while crews from the U.S. Army failed to place. The results raise the question of whether the Army—after more than a decade of focusing on guerrilla warfare—has devoted adequate training to address “big war” skills. Held from May 10 to 12 and jointly hosted by the U.S. Army and the German Bundeswehr at the Grafenwoehr Training Area in Germany...
Tags: West Point, Germany, Military, United States, Nato, Army, Marine Corps, Slovenia, Denmark, Quantico, Ray Mabus, U S Army, Italy Poland

Non-Sequiturs: 05.04.16

* Remember how Villanova won the NCAA men's basketball championship on a crazy buzzer beater? It didn't hurt to have support from the man upstairs or at least from the priest on their bench. Father Rob Hagan is a criminal lawyer turned chaplain for the Villanova men's basketball team. [Coverage Opinions] * The Department of Justice has come to the completely obvious conclusion that North Carolina's potty police bill violates the Civil Right Act, and now millions in federal school funding are in...
Tags: Supreme Court, Law, Scotus, West Point, Washington Post, Engineering, Basketball, Kansas, Ncaa, Statistics, Debate, Department Of Justice, North Carolina, Law Schools, Lgbt Discrimination, Villanova

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