Saturday, July 17, 2010


The District Court for Gdynia has dismissed the investigation against Adam Darski (pseudonym/nickname Nergal) accused of an offence against religious feelings (sec. 196 of polish Criminal Code). During the preparatory proceedings the defender filled the application, which was entirely accepted by the Court. The defendant’s behaviour wasn’t recognised as a crime. Moreover the Court acknowledged no causal connection/cause-and-effect relationship between Adam Darski’s behaviour and the consequence in a form of outrage of religious emotions.

Thursday, July 15, 2010

Gulf Coasters Don't Believe BP Stopped Leak

Gulf Coasters Don't Believe BP Stopped Leak

Published July 16, 2010
| Associated Press
NEW ORLEANS -- Many Gulf Coast residents don't believe it. Some accuse BP of making it up. And even those convinced that the oil leak has finally been stopped are tempered in their relief, aware that their environmental nightmare is far from over.
"It's a beautiful thing that it's shut off," trumpeter Shamarr Allen said as he stood on the sidewalk in the Musicians' Village in New Orleans' Upper Ninth Ward. "But there's still a lot of years of cleaning. There's going to be a lot of no fishing still. It's only the beginning of a long road that we have to travel. It's only the first step."
Reaction to the news that BP PLC had cut off the flow from the blown well nearly three months after an oil-rig explosion was marked with deep distrust of the oil giant. Gulf Coast residents have suffered from months of false starts and dashed hopes, failed "top kills" and abortive "junk shots," containment domes and "top hats," as they watched the biggest offshore oil spill in U.S. history foul their shores and eat into their livelihoods.
"It's a (expletive) lie," shouted Stephon LaFrance, one of several oil-stained oystermen standing around Delta Marina in marshy Plaquemines Parish. "I don't believe they stopped that leak. BP's trying to make their self look good."
Sitting on a boat, his cousin, Louie Randy Barthelemy, looked up and said: "BP's trying to manipulate the media."

Related Video

Company touts success of new well cap
"It doesn't mean anything," Craig St. Amant said as he tried to sell tours to passers-by on Bourbon Street in the French Quarter. "They tell you what they want you to hear. I don't think they're being truthful in saying what they're saying."
Even those who believed what they were seeing on the live video feeds from the school of submersibles surrounding the damaged well head were having a hard time getting excited about this milestone.
At a dock in Hopedale, La., Roy Campo's crew was unloading and boxing blue crabs — their first in about a week because of closures. When they heard the news, the most the men could muster was a nod.
"The oil's still out there, so it'll be a while," said Campo, 50, of St. Bernard.
Deckhand Manuel Meyer grinned, but his tone was somber.
"It feels good, but I mean, the damage is already done. That's the problem," said Meyer, 38. "I mean, they can clean it up, but they finding oil popping up everywhere, and how did it get where it's at? ... It's gonna continue for several years, several years, and it ain't gonna do nothing but get worse before it gets better."
Others on the Gulf Coast do believe that their region has finally turned a corner in this creeping disaster.
"It's a huge relief," said Geoffrey Lane, 43, a St. Charles landscaper who was visiting Pensacola Beach, Fla. "At least now their focus can switch to get what's there out of the water."
"It's freaking wonderful," said Gary Kiger, a 39-year-old shrimper from Cutoff, La.
Kiger has been involved in the cleanup from the beginning, working and living on his boat out in the Gulf. Looking down a pier of trawlers loaded with boom and vacuum equipment instead of nets, Kiger said he was ready to get back to hauling shrimp.
"It's a living hell, you know. Everywhere you look there's oil and tar," he said. "It'll drive you crazy, make you want to put a bullet in your head."
The cap placed on the blown well in the past week is only a temporary fix. BP's permanent fix, a relief well, is still days or even weeks from being completed, and a hurricane in the wrong place could set that timetable back.
"We need to be cautious here," said BP Chief Operating Officer Doug Suttles. He said the capped well is "a great sight, but it's far from the finish line."
And let's face it: If BP CEO Tony Hayward said it was raining, most Gulf Coast residents would stick their heads out the window to check for themselves.
"Let's wait to see what an outside source has to say about the leak," a man named Rick Cortez posted on the Facebook page called "The 1,000,000 people who wonder why BP's still in charge of the oil spill." ''BP (equals) ZERO credibility!!"
Some of the doubts that the leak has really been stopped appear to have sprung from glitches in the live feed from the Gulf floor. Some people complained that the video went out just as the oil stopped flowing, but an Associated Press reporter in Houston was able to view live footage of the shutoff the moment it happened Thursday — 2:25 p.m. CT.
For several days surrounding the cap operation, the 15 undersea camera feeds available through a link on BP's website have worked intermittently, at best. Sometimes, the feeds were hazy or hard to see. Other times, they were blank altogether.
BP said feeds were lost for periods of time because it had to move the cameras and robots out of the way for some of the preparations for the well integrity test.
There also has been a great demand among journalists and other viewers on the Web for a glimpse at the underwater operation. As a result, the increased number of people trying to link to the site surely caused it to freeze up from time to time.
Buras bartender Amy Hooks stopped watching the feeds a long time ago.
"I used to watch it every day, all day," the 32-year-old said. "I'm tired of getting my hopes shot down. It really hurts. It hurts to see all the local people not being able to do what they love to do."
Holbrook Mohr reported from Venice, La. Associated Press Writers Harry R. Weber in Houston, Vicki Smith in Hopedale, Janet McConnaughey in New Orleans and Eric Carvin in New York also contributed to this story.

WATCH: Liberal Media Freaks Out Over Obama Collapse

WATCH: Liberal Media Freaks Out Over Obama Collapse

Daily Gut: Obama’s Not the Problem, ‘Americans Are Spoiled’

So, if you watched Red Eye last night, you heard us mentioning a poll, reporting that roughly six out of ten Americans have lost faith in our Commander in Chief.

Here’s liberal radio host Bill Press explaining that result.

And that’s the left, in a nutshell: “When our stupid ideas fail, it’s not our fault, it’s yours.”

Or: it’s not Obama, it’s you.

Yes, damn you America for expecting competence from your leaders! Damn you America for not embracing 10 percent unemployment! Damn you America for speaking your mind about health care, when you should have just shut up! And damn you America for being so hard on our Adorable-in-chief!

This kills me, because if you know Bill Press, you remember no one was more vile to President Bush than that dude. Being too critical, too negative and too quick to judge? That’s Press’s career in ten words. Read more...

New Liberal Spin on Why Voters May Vote for GOP in Midterm: They’re 'Schizophrenic'

Here’s the new spin on why voters may be about to vote for the GOP in the Midterm Election – They are “Schizophrenic.” So says Newsweek’s Ezra Klein to a man who ought to know about such things – MSNBC’s Keith Olbermann.

Klein argues that we have a “schizophrenic voter population” right now who supposedly trust Democrats more on issues but are going to vote for the GOP in the fall. Read more...

Another Meltdown: Libtalker: 'Shove Those (GOP) Bastards Into the Dirthole'

All week, the big question has been whether Democrats are truly imploding, or simply projecting that image to reduce electoral expectations and create complacent Republicans.

As on-air rants become more desperately hysterical than ever, liberal talkers are clearly building a case for the former. These guys are truly losing it. Read more...

Eleanor Clift: Obama's Poll Numbers Down Because He Hasn't Blamed Bush Enough

After the release of a number of polls Tuesday showing President Obama's favorability rating plummeting, his minions in the media were out in force trying to blame the slide on something or someone else.

Newsweek's Eleanor Clift, ever the dutiful shill always at a Democrat's service when the chips are down, took a predictably absurd tack: Obama hasn't blamed George W. Bush enough for all that ails the nation.

"Obama hasn’t done as good a job as Reagan of blaming his predecessor," wrote Clift after sharing some of Obama's dismal poll numbers. Read more...

Tragedy and Comedy, Starring Pac-Man

Tragedy and Comedy, Starring Pac-Man

Ruth Fremson/The New York Times
Game Play: Performing “Grand Theft Ovid” in this festival at the Brick Theater.
Published: July 15, 2010
What if the gorilla in Donkey Kong is really an abusive, down-on-his-luck meathead straight out of a Tennessee Williams script who keeps his handicapped blond paramour (the princess) captive in their top-floor apartment, periodically thrashing the Italian building superintendent (Mario), who attempts to climb the stairs to alleviate the woman’s suffering?
Skip to next paragraph
Ruth Fremson/The New York Times
Eddie Kim’s “Grand Theft Ovid” blends Greek myths with video games in Game Play, at the Brick Theater.
What if Pac-Man is really a gluttonous German burgher out to gorge himself while dodging the ghosts of those he has so callously wronged, à la Dickens?
What if the pilots in Asteroids are merely profane technicians existentially trapped within a corporation that knows nothing more than to send them into the void to shoot rocks, until they become smaller rocks and smaller rocks, until they become nothing?
In other words, what if the characters and stories of classic video games were reimagined and reinterpreted as live theater in front of you?
Even as someone who writes about video games for a living, I had not imagined such a thing possible until attending “Theater of the Arcade,” the most provocative and intriguing of four different shows I recently saw as part of the Game Play festival at the Brick Theater in Williamsburg, Brooklyn.
Running through July 25, Game Play is the most ambitious effort I know of to fuse the techniques and live presentation of theater with the themes, structures and technology of interactive electronic entertainment, also known as video games. Now in its second year, Game Play reflects the fact that people who grew up with video games populate every walk of life and part of culture in this country, including the theater. “We would have these parties in junior high school and all the guys would be playing Street Fighter and most of the girls would be off doing their own thing, but I was pretty good at Street Fighter and definitely beat a lot of the guys,” said Gyda Arber, 30, the festival’s executive producer. Ms. Arber, who also directed “Theater of the Arcade” (written by Jeff Lewonczyk), said that she was halfway through Final Fantasy XIII on the PlayStation 3 and that she and her boyfriend recently played through Sony’s noir thriller Heavy Rain not once but twice as they explored that game’s impressive narrative depth.
“For the Brick, we tend to get a lot of the same audience all the time, big theater geeks,” said Ms. Arber, who is also a writer and actress. “But with the Game Play festival we find all these people come to the shows who are not big theater people but who are gamers or who are just interested in games and interactive technology. For us it’s really great to be able to reach out to a whole new audience.”
The Game Play festival has something for both adult gamers and children. At one extreme: on Saturday evening the new-media artist Jon Rafman led a somewhat boozy crowd through a guided tour of some of the exotic sexual subcultures in Second Life, the popular virtual-reality system (which insists that it is not a game).
“Theater of the Arcade,” a series of five scenes adapted from old games, is also not well suited for young children, though the actor Fred Backus deserves praise for his performance as the deliciously rapacious Pac-Man. Several of the vignettes include significant profanity, and the portrayal of the brothers Luigi and Mario as stoners whacked out on psychedelic mushrooms in the middle of the desert as they deal with visions of huge turtles and man-eating plants is hilarious but not especially kid-friendly.
Then there is “Grand Theft Ovid,” an impressive feat of engineering, coordination and storytelling in which the performers are children themselves.
Eddie Kim, 32, is an artist who teaches theater at the Pierrepont School in Westport, Conn. During the school term his students learn classical theater. (This year they performed “Romeo and Juliet.”) This summer, however, some of them are portraying classic tales of Greek mythology through live performances and existing commercial games.
For “Grand Theft Ovid” on Saturday, Mr. Kim and five students sat at a table covered in laptops and game consoles (a sixth student was up in the projector booth); the projector displayed images from various games onto a large screen in front of the audience.
Suddenly, Daedalus and Icarus were standing by the water (in the game World of Warcraft) before Icarus flew too high and fell to his death (in Grand Theft Auto IV). There was Orpheus traversing Hades (in the Legend of Zelda: Ocarina of Time) before tragically losing Eurydice a second time as a result of his impatience (in Call of Duty: Modern Warfare 2). And then, most powerfully, there were Niobe’s 14 children being slaughtered by the gods as punishment for her arrogance (in Halo 3) before she herself turned to stone.
Mr. Kim’s charges even performed the tale of Apollo and Daphne in one of the most crowded areas in World of Warcraft, the dwarf city of Ironforge, attracting dozens of live online players from around the country to participate in the story being projected in a theater in Brooklyn.
Later on Saturday, after “Grand Theft Ovid,” the guitarists Evan Drummond and David Hindman took the stage for “Modal Kombat,” an exhibition of technology they have developed that allows real classical guitars to control the action in games like Mortal Kombat, a version of Pong and Mario Kart.
As far as I’m concerned, the Game Play concept, and in particular “Grand Theft Ovid” and “Theater of the Arcade,” easily could be taken on the road, especially in conjunction with a game conference like DICE (for Design, Innovate, Communicate, Entertain) in Las Vegas or the Game Developers Conference in San Francisco. I hope to see the Brick Theater’s Game Play at one of those events in the coming years.
The Game Play festival runs through July 25 at the Brick Theater, 575 Metropolitan Avenue, near Lorimer Street, Williamsburg, Brooklyn;

Metal Female Voices Fest

Metal Female Voices Fest is a heavy metal music festival held annually in Belgium since 2003. It is organized by the Metal Organisation agency. The seventh edition took place at Oktoberhallen in Wieze in the municipality of Lebbeke on October 17 and October 18, 2009.[1]



[] Lineups

[] 2010

The eighth edition of the festival has been scheduled for October 2010. Currently scheduled bands include Leaves' Eyes, Krypteria, Tristania, The Agonist, Sarah Jezebel Deva, Diabulus in Musica, Omega Lithium, 69 Chambers, Visions of Atlantis, Bare Infinity, Dejafuse, Dylath-Leen, Pythia, Skeptical Minds and for the first time at MFVF, Arch Enemy. ReVamp, the new band of Floor Jansen (ex-After Forever) confirmed [2].

[] 2009

[] October 17

Held at Oktoberhallen in Wieze

[] October 18

Held at Oktoberhallen in Wieze

[] 2008

The line-up included a variety of bands, including former Nightwish Vocalist Tarja, the Dutch formation Asrai, the oldschool hard rock band Girlschool, and many more. After hours of traffic delay Midnattsol was cancelled.

[] October 17

Held at Oktoberhallen in Wieze.[1]

[] October 18

Held at Oktoberhallen in Wieze.[1]

[] 2007

Theatre of Tragedy, who had already pulled out of the 2006 festival,[3] were initially scheduled to perform on October 20 as the fifth band on the bill. On February 2 it was announced that they had decided to cancel their appearance, with no explanation given. They were replaced by Autumn. The Gathering and After Forever also canceled, respectively on February 15,[4] being replaced by Delain, and May 4,[5] being replaced by Flowing Tears. The lineup was later reshuffled so Sirenia and Epica ended up taking After Forever and The Gathering's place. Darzamat, Autumn and Imperia also pulled out shortly before the date of the festival.[6][7][8]

[] October 13 (Warm Up)

Held at Ten Weyngaert in Brussels.[9]

[] October 19

Held at Oktoberhallen in Wieze.[1]

[] October 20

Held at Oktoberhallen in Wieze.[1]

[] 2006

Held on October 21 at Oktoberhallen in Wieze. Theatre of Tragedy canceled their appearance on October 20 because two band members were sick.[3] Delain were initially going to play as a special guest,[10] but they effectively replaced Theatre of Tragedy in the lineup.

[] 2005

Held on October 22 at Oktoberhallen in Wieze.

[] 2004

Held on November 7 at Ancienne Belgique in Brussels.

[] 2003

Held on November 8 at Ten Weyngaert in Forest.

[] References

10. Pictures of the edition of 2007 - From

[] External links

Lady Death : Any of her fans out there?

Here we go with CBBG #3... Lady Death. Any of her fans out there?


Classic Lady Death
The setting for the original Lady Death comic was medieval Sweden. The woman who would become Lady Death was born as a mortal named Hope. Her father was a local nobleman named Matthias who was forcibly conscripting peasants into military service as feudal levies. The exact nature of the war that Matthias was prosecuting is not specified, although evidence from the recent revision of the character by Avatar Press suggests that it may have been one of the Northern Crusades (also known as the Baltic Crusades).

Unknown to his innocent daughter, Matthias had a dark secret. Although congratulated by the Church for his work against the pagans, he was despised by the common folk as a cruel tyrant. Matthias was outwardly pious, but secretly dabbled in black magic and demonology. He was actually a descendant of the fallen angels who had led the rebellion against the Judeo-Christian God.

By contrast, Hope's mother was a woman so pure and innocent that her bloodline reached Heaven. Hope's mother died when Hope was still in her late teens, and she was left to live with her father.

Eventually, Matthias' cruelty triggered a peasant uprising. Matthias narrowly escaped death at the hands of the rebels by summoning a demon, but Hope was captured by the rebels and accused of witchcraft. Faced with the prospect of execution by burning at the stake, Hope uttered an incantation that she had overheard her father use. This incantation summoned a demon who offered her a bargain -- he would rescue her from death if she would renounce her humanity and serve the powers of Hell. Hope accepted the bargain and was transported into the infernal realms.

Once in Hell, Hope became entangled in a civil war that was raging between Lucifer and an army of renegade devils led by a powerful sorcerer. Hope was devastated when she learned that the ambitious sorcerer challenging Lucifer for the control of Hell was her own father.

Gradually corrupted by the nature of her surrounding, Hope was tainted with evil. She allied herself with an exiled craftsman who forged weapons for the infernal armies. While speaking to him, she declared that the innocent woman she had once been was dead and that she would henceforth only be known as Lady Death.

In her new persona, Lady Death led an uprising against the Lords of Hell. During the final battle, Lucifer cursed her never to return to Earth while the living walked. Lady Death swore an oath that she would circumvent Lucifer's curse by exterminating all life on Earth.

Lady Death finally ended Lucifer's control over her by casting him through Heaven's Gate (a place where evil cannot go), and in doing so became the new ruler of Hell. Many of the beings living in hell believe that the ascension of Lady Death signaled the beginning of the age of judgment - the final battle between good and evil for the fate of the Earth.

Animated Lady Death

Animated Lady Death."Lady Death" begins in 15th Century Sweden, where Hope, the beautiful daughter of Matthias, a skilled mercenary who is in actuality Lucifer, is accused of being the devil's consort. Sentenced by the town priest to be burned at the stake, Lucifer offers her life if she surrenders herself to him and join him in Hell. Lucifer's plan to corrupt her is met unanticipated resistance, as Hope rejects his scheme and eventually finds herself transformed into the powerful warrior Lady Death, who challenges Lucifer for control of Hell itself.

Many of the events from the comics are altered in the animated film. Instead of summoning a demon with whom she bargains for her life, Hope's spell summons a pair of flying demons that carry her physically to Hell (restoring her badly burned body in the process), dropping her in the court of her father, who intends for her to join him by his side. When she refuses, he casts her out, only for her to side with Cremator, an escaped slave of his (a master blacksmith) and to lead an army of hell-spawn creatures against him. In this continuity, her curse is to be trapped in Hell for as long as one of Lucifer's allies remains alive.

Classic Lady Death at Avatar Press
Avatar Press now publish Lady Death. Since they only have the rights to Lady Death alone (without the rest of the Chaos Comics characters that were so intertwined with her original story), for that and other reasons Lady Death has been given a new origin story, with notable differences to the story told at Chaos Comics.

Hope is the daughter of Mary and Marius. Marius is a crusader who has been waging endless campaigns against the pagans, always returning with only his most loyal soldiers, while the peasant levies were slaughtered. This angered the survivors.

Hope, realizing that her father has changed and is no longer the man he once was, follows him into the dungeons, with her mother close behind. The townsfolk meanwhile batter down the gates and invade the castle, intent on revenge. Hope discovers her father summoning dark wraiths, and sacrificing the souls of countless peasants in exchange for a kingdom in The Labyrinth. The wraiths refer to her father as Sagos.

Sagos grabs hold of Mary, revealing that he has possessed Marius' body, and they disappear through the portal, leaving Hope behind. Cheated of their revenge, the villagers decide to burn Hope at the stake as a witch. Not wishing to die, Hope casts the spell she overheard her father cast, and summons the wraiths herself. The wraiths agree to transport her through the portal, if she forsakes her humanity and pledges her soul to The Labyrinth. Hope passes through the portal, her skin and hair turning albino in the process (the mark of all those who willingly chose to pass through the portal), and finds herself in the Blacklands.

There she encounters Wargoth, who observes her uncontrolled and instinctive use of magic, and agrees to help her destroy Sagos and rescue her mother. He recruits the sorceress Satasha to teach Hope spellcraft. Wargoth also teaches her how to fight, but every weapon she wields melts in her hand due to her uncontrolled energy.

Over the next two years, Lady Death and her companions fight through the Blacklands, hunting for Sagos. All the while Sagos' undead army destroys and converts the cities of the Blacklands. Eventually, Lady Death and her companions track Sagos down to a temple in Karrion, where they discover Sagos holding Lady Death's mother in chains. Sagos defeats them easily and brings the temple down around them. Lady Death digs herself out and is attacked by Nameless Wolves, slaying all but two of them. These two wolves become her companions.

In the city of Asuwa, Lady Death recovers the sword Deathbringer, which was specially made for her by Satasha and The Silent One. Deathbringer is able to withstand her energies without being destroyed, and allows her to channel her magic through it.

Lady Death then bathes in the Fanghorn river, which grants knowledge of elemental magic to those who survive the experience. She uses this power to save Satasha's home city from destruction, but learns that Sagos does not plan to just conquer the Blacklands, but to wipe out all life, and that he has the means to do it.

Publishing history
Lady Death was originally published by Chaos Comics and remains one of the best examples of the bad girl titles that took the comic book industry by storm during the early 1990s. The earliest issues of Lady Death were written by Brian Pulido and illustrated by the late Steven Hughes. Lady Death was originally conceived as a violent anti-hero, but subsequent iterations have toned down the more controversial aspects of the character.

At first, Lady Death was extremely popular and sold strongly. In a recent interview, Brian Pulido revealed that the high point of Lady Death's popularity was in August 1995, when Chaos comics sold approximately $980,000 worth of Lady Death merchandise in a single month [1]. However, sales declined rapidly in the later half of the decade due to broader changes in the comic book industry. By the middle of 2001, it was obvious to industry observers that Chaos Comics was in serious financial trouble.

In August 2002, Chaos! Comics filed for Chapter 7 bankruptcy and the intellectual property rights to Lady Death were sold to CrossGen Entertainment. Brian Pulido continued to work on Lady Death for Crossgen, creating a new series entitled Medieval Lady Death that was released in February 2003. This version of Lady Death made substantial changes to the character in an attempt to capture a larger mainstream audience.

Despite Medieval Lady Death enjoying reasonable sales, CrossGen Entertainment ran into financial difficulties of its own and filed for Chapter 11 bankruptcy on June 18 2004 in Tampa, Florida. During the bankruptcy proceedings, the rights to Lady Death were sold to Avatar Press. The other properties were sold to Tales of Wonder.

In 2004, a feature-length animated motion picture based upon the original version of Lady Death was released [2]. Produced by ADV films, the Lady Death animated feature premiered at Comic-Con International in San Diego on 23 July 2004. The film received horrendous reviews and was not a major financial success.

In July 2005, Avatar Press unveiled a new version of Lady Death [3]. Both Medieval Lady Death as well as the Classic Lady Death are being issued, with notably many variant covers.


by Ann Coulter
July 14, 2010

So I guess all that hysteria about the Arizona immigration law was much ado about nothing. After months of telling us that the Nazis had seized Arizona, when the Obama administration finally got around to suing, its only objection was that the law was "pre-empted" by federal immigration law.

With the vast majority of Americans supporting Arizona's inoffensive little law, the fact that Obama is suing at all suggests that he consulted exclusively with the craziest people in America before filing this complaint. (Which is to say, Eric Holder's Justice Department.)

But apparently even they could find nothing discriminatory about Arizona's law. It's reassuring to know that, contrary to earlier indications, government lawyers can at least read English.

Instead, the administration argues, federal laws on immigration pre-empt Arizona's law under the Supremacy Clause of the Constitution.

State laws are pre-empted by federal law in two circumstances: When there is a conflict -- such as "sanctuary cities" for illegals or California's medical marijuana law -- or when Congress has so thoroughly regulated a field that there is no room for even congruent state laws.

If Obama thinks there's a conflict, I believe he's made a damning admission. There's a conflict only if the official policy of the federal government is to ignore its own immigration laws.

Only slightly less preposterous is the argument that although Arizona's law agrees with federal law, Congress has engaged in "field pre-emption" by occupying the entire field of immigration, thus prohibiting even harmonious state laws.

Field pre-emption may arise, for example, in the case of federal health and safety laws, so that manufacturers of cars, medical devices and drugs aren't forced to comply with the laws of 50 different states to sell their products nationally.

And yet, just over a year ago, the Supreme Court held that there was no "field pre-emption" even in the case of an FDA-approved anti-nausea drug because Congress had not explicitly stated that state regulation was pre-empted.

The drug, Phenergan, came with the warning that, if administered improperly (so that it enters an artery), catastrophe could ensue.

In April 2000, Phenergan was administered improperly to Diana Levine -- by a clinician ignoring six separate warnings on Phenergan's label. Catastrophe ensued; Levine developed gangrene and had to have her lower arm amputated.

Levine sued the health center and clinician for malpractice, and won.

But then she also sued the drug manufacturer, Wyeth Laboratories, on the grounds that it should have included more glaring warnings about proper administration of the drug -- like, I don't know, maybe a flashing neon sign on each vial.

Wyeth argued that since the Food and Drug Administration (after 54 years of study) had expressly approved the warnings as provided, state tort law was pre-empted by the federal drug regime.

But the Supreme Court held that Congress had to make pre-emption explicit, which it had not, so Levine was awarded $6.7 million from Wyeth.

If ever there were a case for "implicit pre-emption," this was it. Without federal supremacy for the FDA's comprehensive regulation of drugs, pharmaceutical companies are forever at the mercy of state and local laws -- and trial lawyers -- in all 50 states.

As much as I would like pharmaceutical companies to rot in hell for their support of ObamaCare, I might need their drugs someday. Now, drug prices will not only have to incorporate R&D costs, but also the cost of paying for trial lawyers' Ferraris. (Perhaps that should be listed as a side effect: "Caution! Improper use may cause nausea, dizziness, shortness of breath, and six new houses for John Edwards.")

But the point is: According to the Supreme Court's most recent pre-emption ruling, Arizona's law is not pre-empted because Congress did not expressly prohibit state regulation of illegal aliens.

In fact, the Supreme Court has repeatedly rejected the pre-emption argument against state laws on immigrants -- including laws somewhat at odds with federal law, which the Arizona law is not.

In the seminal case, De Canas v. Bica (1976), the court held 8-0 that a California law prohibiting employers from hiring illegal immigrants was not pre-empted by federal law.

The court -– per Justice William Brennan -- said that the federal government's supremacy over immigration is strictly limited to: (1) a "determination of who should or should not be admitted into the country," and (2) "the conditions under which a legal entrant may remain."

So a state can't start issuing or revoking visas, but that's about all it can't do.

Manifestly, a state law about illegal immigrants has nothing to do with immigrants who enter legally or the condition of their staying here. Illegal aliens have neither been "admitted into the country" nor are they "legal entrants."

Indeed, as Brennan noted in the De Canas case, there's even "a line of cases that upheld certain discriminatory state treatment of aliens lawfully within the United States." (You might want to jot some of this down, Mr. Holder.)

So there's no "field pre-emption" of state laws dealing with aliens, nor is there an explicit statement from Congress pre-empting state regulation of aliens.

On top of that, the Supreme Court has repeatedly upheld state laws on immigrants in the face of pre-emption challenges. Arizona's law is no more pre-empted than the rest of them.

Unless, of course, Obama is right and it's a violation of federal law to enforce federal immigration laws, which is the essence of the Department of Justice's lawsuit.


Fake News: The Onion: Nation Demands Tax Dollars Only Be Wasted On Stuff That's Awesome,17704/

Nation Demands Tax Dollars Only Be Wasted On Stuff That's Awesome

July 13, 2010 | ISSUE 46•28
Protesters called on Congress to redirect excess spending toward the development of robotic bees equipped with live-streaming night vision.
WASHINGTON—Acknowledging that the outrageous misappropriation of public funds is inevitable, an estimated 500,000 Americans gathered in the nation's capital Sunday to demand their misused tax dollars at least be squandered on something really awesome that everyone can enjoy.
Protestors from every state in the union voiced concerns that the federal government is misusing its wasteful spending on special interests, bloated no-bid contracts, and other boring shit like that.
"Washington has been pouring our hard-earned dollars down the drain for too long," said activist Brian McGill, addressing a crowd on the National Mall. "And that won't ever change—we understand that. But we have a message for our elected officials: When you waste taxpayer money, you'd better waste it on something that seriously kicks ass."
"Our government throws away billions on the hopelessly inefficient bureaucracy that runs the Pentagon," McGill continued. "But has it thrown away even one red cent of that same inflated defense budget on, say, a huge fucking laser cannon that we can take turns shooting?"
Sunday's massive demonstration was organized by the National Taxpayers Union, Americans for Tax Reform, Citizens for the Public Financing of Really Cool Shit, and numerous think tanks. A coalition of these groups also submitted a formal petition to Congress demanding extensive changes to the way government misallocates funds.

In that document, they call on legislators to cease sending foreign aid to corrupt nations; to cut the least profitable Amtrak routes and use those funds to construct regional light-rail; and to redirect corporate farm subsidies into a fund earmarked for the manufacture and grilling of the world's largest Polish sausage.

"Will this mega-kielbasa of record-breaking length and weight serve any real purpose?" asked Jeremy Forlan, a 44-year-old small-business owner from Miami. "No. Will we eat it like crazy? Absolutely."

A CNN poll conducted last month found that, among Americans who favor eliminating tax breaks for Big Oil and blowing the cash on something that's actually cool, 41 percent want to build a shopping mall in the clouds that would be accessible by hovercar, 33 percent support the research and development of a viable invisibility pill, 19 percent would triple the length of summer, and most of the remaining 7 percent just want sweet new boomerangs that actually come back after you throw them.
Nine of 10 respondents said they favor the continued public financing of new sports stadiums, but only if the old ones are imploded in an elaborate pyrotechnic display that everyone can watch from reclining chairs as AC/DC's "Highway To Hell" blasts in the background.
Grover Norquist, president of Americans for Tax Reform, told reporters that instead of wasting $18 billion each year on a space program plagued by failures, the government should assemble the world's finest scientific minds and finance an effort to make cartoons come to life the way they do in the film Who Framed Roger Rabbit.
"Just the amount NASA spends overpaying its contractors would cover the research grants necessary to begin making cartoons a part of our world," Norquist said. "Then we could be buddies with cartoon dogs or get married to sexy animated ladies. Taxpayers could truly rally around a project like that."
"The animated ladies could have really curvy figures," he added. "And red hair."
Others have put forth a plan to lift the nation's spirits by genetically engineering a species of gigantic bats and then breeding about 12,000 of them. According to documents detailing the proposal, "Everyone could ride around on [the giant bats] and drop things on people," and there would a nationwide system of protective nets to catch anyone who falls off or decides to jump to the ground in mid-flight.
Meanwhile, Sen. Saxby Chambliss (R-GA) has vowed that Congress "won't spend another dollar" on new prisons to house nonviolent drug offenders until it has allocated the resources necessary to finally capture Bigfoot.
"Or if we can't track down Sasquatch, let's send a cow to Venus or use robots to deliver the mail or something," Chambliss said. "Whatever it takes to keep people from asking too many questions about what happened to the $13 trillion we've borrowed so far."
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