Author Archives: Mary Turck

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About Mary Turck

News Day, written by Mary Turck, analyzes, summarizes, links to, and comments on reports from news media around the world, with particular attention to immigration, education, and journalism. Fragments, also written by Mary Turck, has fiction, poetry and some creative non-fiction. Mary Turck edited TC Daily Planet, www.tcdailyplanet.net, from 2007-2014, and edited the award-winning Connection to the Americas and AMERICAS.ORG, in its pre-2008 version. She is also a recovering attorney and the author of many books for young people (and a few for adults), mostly focusing on historical and social issues.

Still paving paradise

Don’t it always seem to go
That you don’t know what you’ve got
‘Til it’s gone
They paved paradise
And put up a parking lot

(Big Yellow Taxi, by Joni Mitchell)

And they’re still at it, almost 40 years after Joni Mitchell first wrote the song. The Bush administration is poised to give the go-ahead to paving roads that will target mountain forests in Montana, facilitating development of far-flung housing subdivisions. The change would directly benefit Plum Creek Timber, which owns some eight million acres overall and 1.2 million acres in western Montana.

The change would let Plum Creek pave old logging roads. That would open its land to building vacation homes for the wealthy. The scattered sites make provision of county services more expensive.

[Costs include] the costs of firefighting in the wildland-urban interface (already, about a quarter of the Forest Service’s $4 billion annual budget is spent on defending homes from wildfires), the costs of road maintenance and stresses on other public services, and the effects on wildlife habitat in remote woodlands bordering public lands.

You might think that a conservative national administration would uphold local control. Not so. Corporate control trumps local control every time.

The Forest Service and Plum Creek tried to sneak by the change without consultation with local officials, but word leaked out in April, and Sen. Jon Tester (D-Mont.) joined Missoula County and Flathead County officials in challenging the plans.

According to the Washington Post, there’s no 30-day waiting period for this change, because it is a modification of existing easements. That means the Forest Service could act at any time, with no legal requirement for consultation or comment. If Plum Creek, “the nation’s largest landholder,” prevails, the change will come before January 20. President-elect Obama spoke out against the change in Montana during the campaign.

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Senator Claiborne Pell’s legacy

Former Rhode Island Senator Claiborne Pell believed in extrasensory perception and attended a seminar on UFO abductions. He also defended the rights of gay and lesbian people to hold government jobs and led the battle for federal Employment Opportunity Grants for needy college students. That program, now called Pell Grants in his honor, may be his greatest legacy. Since its inception in 1972, the program has helped more than 50 million students to attend college. The Washington Poste quoted Senator Harry Reid, who said::

Any student who has ever received federal aid has Senator Pell to thank for his or her education. The Pell Grants he created revolutionized our education system for generations of Americans who might not otherwise be able to pursue higher education.

Claiborne Pell died January 1 at the age of 90. He had represented Rhode Island in the Senate from 1960-1996.

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50 years of revolution

New Year’s Day also marked the 50th anniversary of the Cuban revolution. Fifty years after the overthrow of the corrupt dictatorship of Fulgencio Batista, Fidel Castro (82) has handed off power to his slightly younger brother Raul Castro (77).

The BBC reports that Cuba’s economy slowed down this year, growing at a rate of only 4.3% instead of the projected 8%. Cuba was hit by three major hurricanes this year, with damages estimated at $10 billion. An AP report in the Miami Herald called the economic growth figure inflated because it includes “state spending on free health care and education, as well as subsides for transportation and food rations.” (Of course, no matter how you slice it, the Cuban GDP looks better than this year’s U.S. GDP, which is likely to show less than 2% growth.)

As the New York Times noted, Cuba “has secured advances in education and health care,” and its life expectancy of 77.3 years is one of the highest in the hemisphere. Its infant mortality rate is lower than that of the United States, according to U.N. reports

U.S. policy toward Cuba continues to be punitive, with stringent limitations on travel and trade. Some change is expected with the new administration. NACLA reports that President-elect Obama has promised to give Cuban-Americans “unrestricted rights” to visit family members in Cuba and to send money to them. However, Obama said he will maintain the trade embargo first imposed by President Eisenhower in 1960, despite continuing international calls for lifting the embargo.

For 17 straight years, the 192-member U.N. General Assembly has overwhelmingly approved a non-binding resolution condemning the U.S. embargo. Only the United States, Israel and Palau voted against the measure in October. …

On December 8, the heads of 15 Caribbean nations called on Obama to rescind the embargo: “The Caribbean community hopes that the transformational change which is under way in the United States will finally relegate that measure to history,” their statement said.

Then on December 17 in Brazil, the leaders of 33 Latin American countries, including conservative allies of Washington like Colombia and Mexico, convened for another gathering and unanimously called on Obama to drop the “unacceptable” embargo. (“End the Embargo,” NACLA)

Cubans know better than to count on big changes from the new administration. The Weekly News Update on the Americas summarized an interview from Mexican daily La Jornada:

Cuban National Assembly president Ricardo Alarcón said that Cuba isn’t counting on a major shift in US policy towards Cuba when Barack Obama becomes US president on Jan. 20. Alarcón, who lived in New York 1966-1978 as Cuban ambassador to the United Nations, noted that “many of my friends…people of what was the American New Left in other times” had wept at Obama’s victory celebration in Chicago on Nov. 4. “I understood their hope,” he told reporter Blanche Petrich, but “I know that we can’t expect a big turning point with respect to Cuba.”

Alarcón told La Jornada, that Obama promises change, but not radical change. For Cuba, that means lifting the restrictions placed by Bush, and a return to some form of dialogue, which had ended during the Bush years.

La verdad es que siempre hubo espacio para el diálogo discreto, la interlocución privada, la diplomacia no pública que se mantuvo, que probó ser útil y que existió hasta que llegó el increíble equipo de George Bush, el pequeño.

The truth is that there was always space for discreet dialogue, for private conversations, for diplomacy maintained out of the public view, which was useful and which existed until the incredible team of George Bush, the small one.

Now, said Alarcón, a changed relationship with Cuba could be an important part of a new U.S. relationship with Latin America.

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Helen Suzman: Voice for justice

I first heard of Helen Suzman 40 years ago, when I first learned of the battle against apartheid in South Africa. As a white South African and a member of parliament, she was in a position to speak out against apartheid, and she did. She was a lone voice for justice in the South African parliament. Her opponents insulted her Jewish religion and called her a communist. Undaunted, she continued to speak, write and act against apartheid. She visited Nelson Mandela in prison. She befriended Mandela’s wife. Throughout the long years of struggle, she stood strong for justice.

After the end of apartheid, she continued to speak out for justice. In a 2008 BBC interview, she said:

“I’m extremely disappointed at what’s happening, and I have to put most of the blame on Thabo Mbeki (the former president) for two particularly obnoxious things he’s done – his denialist attitude to Aids, and secondly Zimbabwe and the dreadful backing of Robert Mugabe.”

“But there are other things too – crime, corruption, the failure to deliver on the promise of a better of life for all, the unemployment and the appalling conditions under which millions are still living,” she said.

Suzman died on January 1, 2009, at the age of 91.

She will be missed.

Suzman ‘brave voice’ on apartheid
Anti-apartheid icon Suzman dies
BBC Radio 4 Woman’s Hour special on Helen Suzman

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Gaza

The on-going tragedy in Gaza commands the attention of the world. Both the genesis of the current war and the possible path to an eventual resolution defy simple definition. This article is not an attempt to point to a solution, but only a description of differing positions and some pointers to resources for further information and analysis from a variety of points of view.

One step toward resolution must be understanding what the various parties believe to be true about their situation. Four sources, among many, offer differing points of view from the region, in English:

Al Jazeera, an international on-line media source with a particular focus on events and issues in the Middle East.

Yediot Aharonot, an Israeli mainstream daily newspaper

HaAretz, a left-wing Israeli daily newspaper

The Daily Star, a daily newspaper from Lebanon

Near-universal calls for an end to Israeli air strikes focus on the civilian death toll and the continuing immiseration of the population of Gaza. Democracy Now reports:

Four Israeli citizens, including two Arab Israelis, have been killed by rockets from the Gaza Strip since Israel began its offensive on Saturday. Nearly 400 Palestinians have been killed and at least 1,600 injured. Latest reports indicate Israeli bombs have hit the network of tunnels under the Egypt-Gaza border that many have described as a “lifeline for the Palestinian people,” because it’s been a major channel for smuggling in basic supplies from Egypt. Israel maintains the tunnels are used to smuggle weapons in.

Gaza is a small strip of land, thirty miles long and ten miles wide at its widest point. Hamas won elections in Gaza in 2006. Israel responded with economic sanctions and blockades, and military conflicts escalated throughout the year, culminating in an Israeli ground invasion in northern Gaza in November 2006. A ceasefire followed the Israeli withdrawal, but did not last. According to the Guardian:

After Hamas seized full control of Gaza in late June 2007, following a near civil war with its rival Fatah, Israel stepped up its air raids. On a single day in June, 12 Palestinians were killed in what an Israeli minister called “preventive measures” against rocket attacks from Gaza.

At the same time, Israel tightened its economic blockade, reducing the flow of goods into Gaza to a bare minimum, stopping all exports and placing severe limits on those Palestinians it allowed to leave Gaza through Israel. By September it had declared Gaza a “hostile territory” as militant rocket attacks and Israeli military raids continued.

A new round of US-sponsored peace talks between Israel and the Palestinians began at a summit in Annapolis, in the US, in November 2007 – but the conflict in Gaza continued.

A ceasefire was reached in June 2008, but broke down in November.

Israel condemns Hamas, which has been shooting more and more powerful missiles deeper inside Israel as the months go by.

Moshe Arens writes in Ha’aretz that there are seven ways to stop the rockets, but only one way that is effective:

Why has it been so difficult for our leaders – civilian and military – to understand this? The prospect of ground forces entering the Gaza Strip is not particularly attractive, especially after we have been told that “we have left the Gaza Strip forever.” But nobody has yet found a way of defeating an enemy without invading their territory. Call it occupation or whatever else you like, but that is how wars have always been won, and if we are going to defeat Hamas and stop the rockets from raining on Israeli civilians that is what we will have to do.

Seth Freedman, writing in the Guardian, defends Israel’s attack:

As Israeli spokesmen have reiterated time and again in the media, there is not a country in the world which would allow such assaults to take place on a daily basis without taking action to defend their citizens. Hamas knew this, and that their barrage of rockets would inevitably bring retaliation on the people of Gaza. Despite the ever-louder sabre-rattling by Israeli politicians during the last week, Hamas continued to use heavily-populated civilian centres as launching pads for their daily attacks on Israel.

On the other side, most of the world condemns the current Israeli war on Gaza, which has killed hundreds, wounded hundreds more, and wreaked death and havoc on the civilian population.

Gideon Levy, writing in HaAretz, eloquently describes the consequences of the bombing:

In four days they killed 375 people. They did not, and could not, distinguish between a Hamas official and his children, between a traffic cop and a Qassam launch operator, between a weapons cache and a health clinic, between the first and second floors of a densely populated apartment building with dozens of children inside. According to reports, about half of the people killed were innocent civilians. …

Do the pilots think about them, the children of refugees whose parents and grandparents have already been driven from their lives? Do they think about the thousands of people they have left permanently disabled in a place without a single hospital worthy of the name and no rehabilitation centers at all? Do they think about the burning hatred they are planting not only in Gaza but in other corners of the world amid the horrific images on television?

David Grossman, also writing in HaAretz, says that, no matter what the provocation of the past, now Israel should simply stop:

After its severe strike on Gaza, Israel would do well to stop, turn to Hamas’ leaders and say: Until Saturday Israel held its fire in the face of thousands of Qassams from the Gaza Strip. Now you know how harsh its response can be. So as not to add to the death and destruction we will now hold our fire unilaterally and completely for the next 48 hours. Even if you fire at Israel, we will not respond with renewed fighting. We will grit our teeth, as we did all through the recent period, and we will not be dragged into replying with force.

Moreover, we invite interested countries, neighbors near and far, to mediate between us and you to bring back the cease-fire. …

That is what Israel should do now. Is it possible, or are we too imprisoned in the familiar ceremony of war?

On the last day of 2008, however, neither Israel nor Hamas showed any interest in a cease-fire. Instead, Israel appeared poised for a ground invasion.

Facts on the ground–number of air strikes in Gaza, number of rockets landing in Israel, number of people killed, mosques, schools and jails destroyed–these are not in dispute. The disputes come in assigning meaning and blame, and in the intractable problem of finding a way to peace. Ezra Klein, writing in The American Prospect, describes the depth of the differences:

One important disconnect in Israel/Palestine debate is that Israel’s supporters tend to focus on what the Palestinians want while Palestine’s supporters tend to focus on what the Israelis do. Israel’s defenders, for instance, make a lot of Hamas’s willingness to kill large numbers of civilians. Palestine’s defenders make a lot of the fact that Israel actually kills large numbers of Palestinian civilians.

The Israelis see themselves as threatened innocents, not oppressors. They point to the public statements of Hamas, and they are right. The Palestinians see themselves as an occupied people, not aggressors. They point to their death toll and the settlements, and they are right.

The disaster in Gaza goes beyond the immediate devastation of the current war. In an editorial, Lebanon’s Daily Star points to the longer-term problem:

The international community’s reaction to the crisis in Gaza betrays an ugly truth about the world’s attitude toward the decades-long plight of a dispossessed people: No one cares about the Palestinians unless they are being murdered in their hundreds, and their unjustifiable suffering will in all likelihood be forgotten again whenever the guns fall silent. …

[The] Gaza Strip, where nearly half the population is under the age of 14, has been strangled by various forms of Israeli blockade for nearly three years. During this time, countless reports have emerged detailing horrors such as malnourished children, hospitals lacking electricity and basic medical supplies, and human beings being forced to rummage through garbage bins like animals in search of food. Where was the international outrage then? And where will the scores of flag-waving demonstrators be when the current slaughter comes to an end? …

Nothing of substance will change until the Palestinians have a state to call their own. And neither spontaneous demonstrations nor barrages of rockets will help the Palestinians to reach this objective. What is required is an intelligent, sustained and proactive effort aimed at reaching a peace deal that will result in Palestinian statehood.

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Coal ash

Who knew?

“Holly Schean, a waitress whose home, which she shared with her parents, was swept off its foundation when millions of cubic yards of ash breached a retaining wall early Monday morning, said, ‘They’re giving their apologies, which don’t mean very much.'” (New York Times, 12/24/08)

Millions of cubic yards of what? coal ash or fly ash is produced when coal is burned to produce energy. In Tennessee, the Tennessee Valley Authority stored millions of tons of the stuff, enough to spread one foot of coal ash sludge over 3,000 acres. When an earthen retaining wall broke, the nasty stuff swept away homes and spilled into tributaries of the Tennessee River. In addition to the destruction of homes and land, residents worried about the toxicity of the ash.

Coal ash contains heavy metals, including lead, chromium, nickel and arsenic. It may also contain carcinogens. When the sludge dries, its dust further endangers the health of those who breathe it. The New York Times reported, “But a draft report last year by the federal Environmental Protection Agency found that fly ash, a byproduct of the burning of coal to produce electricity, does contain significant amounts of carcinogens and retains the heavy metal present in coal in far higher concentrations. The report found that the concentrations of arsenic to which people might be exposed through drinking water contaminated by fly ash could increase cancer risks several hundredfold.”

Coal ash has not been classified as a hazardous waste, because of strong industry pressure.

Would that be the same industry trying to sell us “clean coal”?

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Who gets the axe?

The state budget deficit crisis is monumental. As the legislature reconvenes in January, they will be faced with decisions about cutting programs, raising taxes and deficit spending. The state of Minnesota cannot run a budget deficit, but issuing bonds to pay for state spending is an option that looks something like deficit spending. Bonding means basically taking out loans to cover spending and paying them back over the long term. Bonding typically covers construction and public works projects.

The Minnesota House of Representatives has set up a webpage to gather your comments on the budget deficit, which totals $426 million this biennium and $4.8 billion for FY 2010-11. Those comments will not be published. We’d also like to invite your comments, suggestions and ideas — and if you comment to the TC Daily Planet, your comment will be published. For short comments, click on the comment link at the bottom of the story. For longer comments, send an email to editor@tcdailyplanet.net.

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Giving back: Gifts to the community

As the economy reflects the deep freeze and darkness of December, gift-giving goes beyond family and friends to give back to a hurting community. From the United Way’s Give 5 Now campaign to Second Harvest and foodshelves, there are many ways to give. Here are four smaller places where your dollar can make a big difference.

Heart of the Beast

In the Heart of the Beast Puppet and Mask Theater closes temporarily on December 26, planning to re-open February 11. If you know Heart of the Beast only through the MayDay Parade, check out the HOTB website to learn about the many programs it provides in the community throughout the year.

“This is a sign of, ‘All hands on deck.’ You know, we’re taking on water,” executive director Kathee Foran told MPR. “If people value what we bring to the community, we need you up on deck helping us come up with some ideas to make sure we get through this, because no one knows if we’ve hit the bottom yet.”

On its website, HOTB explains, “The growing economic storm is having an immediate and significant impact on funding for arts organizations across the nation, including HOBT. Funding agencies, both public and private, are finding their ability to give dramatically reduced, meaning cuts in the number and size of grants.” Your donation will help HOTB to come back strong on February 11.

Intermedia Arts

Picture_4_1.pngArt changes everything. That’s a key belief at Intermedia Arts, which says its mission is “to be a catalyst that builds understanding among people through art. We foster excellence in the creative process and product by presenting a multitude of perspectives, and we create a context in which those perspectives can be understood. By stimulating broader civic dialogue and giving voice to the issues and experiences of underrepresented communities, we contribute to a stronger, healthier society.”

The Big E picks up the story at the Minnesota Progressive Project:

“They realized last summer that they relied to heavily on major donors and major foundation gifts. They began planning how to expand their earned income and individual donor giving. Then the economy collapsed. Now they have no choice but to adapt.
“Intermedia Arts is probably going to survive in some form. But, you all can help ensure that it remains a vital incubator for new artists and new organizations.”

The Intermedia Arts website asks people to raise money for Intermedia Arts using the power of 10: donating $10 themselves and asking 10 others to do the same.

Neighborhood House

wellstone_center.jpgNeighborhood House took a hit this fall, forced to cut its budget from $6.58 million in 2008 to $5.35 million in 2009. The budget cut comes even as the multicultural, multilingual center’s low-income clients on St. Paul’s West Side suffer the last-hired, first-fired impact of the recession. Since its founding in 1897 by the women of Mount Zion Temple, Neighborhood House has served successive generations of immigrants from all over the world.

In his letter announcing the budget cuts, director Armando Camacho said: “We remain committed to the three core areas we serve–basic needs including the food shelf; education including English Language Learners; and our Youth Leadership program–but we will need your help. As demand increases our staff will be increasingly busy and welcome some assistance. Call us at 651.289.2503 and volunteer to work at the food shelf, teach an English class, pick up food at one of our partners. Whatever your interests and abilities, there is somewhere you can help!”

Besides volunteering, you can donate to Neighborhood House.

Postville relief

Picture_7.pngPostville was the scene of one of the largest immigration raids in the country’s history. Approximately 300 people were arrested on March 10th, 2008 as they worked at the Agriprocessors meat packing plant. Some of those arrested are still awaiting court dates and can’t work. Families were separated, leaving children or spouses without support. According to Paul Ouderkirk, the local priest in charge of the area food shelves, Postville has literally run out of food. Minnesota supporters will take a caravan with donations to Postville. leaving at 8 a.m. on Sunday, December 28.

Donations can be dropped off at Waite House community Center on December 24 from 10-4 p.m. (2529 13th Ave South Minneapolis) or at the Comite Salvadoreño on December 26 or 27 (301 E. Lake Street, Suite 203. Call 612-822-1114 for hours.

Most urgently needed donations include white rice and dry beans, canned corn and green beans, juices, Pampers sizes 4-6, medicines for children and adults (Tylenol, etc.), telephone calling cards for Guatemala and Mexico, copy paper and other office supplies.

To make financial contributions, send a check made out to St. Bridget’s Hispanic Ministry to St. Bridget’s Hispanic Fund, P.O. Box 369, Postville, IA 52162

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Protesting BK’s “Virgin Whopper” ads

Minnesotan Seng Vang is deeply offended by Burger King’s portrayal of Hmong people in its “Whopper Virgin” campaign. The offensive segment of the campaign featured Hmong people in Northern Thailand “simply as “tribesmen” who “don’t even have a word for burger,” Seng Vang wrote in a protest letter to Burger King.

The text of the ad reads:

“What happens if you take remote Chiang Mai villagers who have never seen a burger? Who don’t even have a word for burger? And ask them to compare a Whopper versus Big Mac in the world’s purest taste test. The Whopper is America’s favorite. But what will these people choose? The Whopper Virgins will decide.”

“Really?” wrote Seng Vang. “Do you really expect the 350,000 Hmong Americans in the U.S., some right in Miami where your headquarters is located, as well as in Boulder, Los Angeles, and London to believe that? You really expect the hundreds if not thousands of Hmong Americans who are Burger King employees across the U.S. and around the world to believe that? Of course, you really expect the 150,000 Hmong in Thailand to be so “pure” (primitive is what you want the consumer to believe) that they don’t know what a burger is?

“… I’ve got news for you. It has now been confirmed that those individuals in your commercial spot are in fact quite familiar with Burger King as well as McDonalds, two fast food chains that are quite popular right in the heart of Chiangmai, Thailand! In fact, a couple of Hmong Thai students are employees at both places as I write!”

Instead of retracting the ad or apologizing, Burger King replied to Seng Vang, defending the ad. “[We] always strive to be sensitive to cultural concerns,” wrote BK Vice President Susan Robison. “It is our practice to associate our brand with campaigns that are within the bounds of good taste, executed appropriately, and not offensive to any substantial population group.” The letter went on to describe the Virgin Whopper campaign taste tests administered to Hmong participants from the village Baan Mon Kghor, Maramures participants from the Romanian village of Budesti, and Inuit participants from the Greenland village of Isortoq. BK, the letter said, sent representatives to visit the villages of participants and learn about their cultures and then donated educational
tools and supplies to Baan Mon Kghor, children’s toys to Isortoq, and aid for a church restoration project in Budesti.

Seng Vang isn’t buying it.

The Hmong of the world, especially those in Thailand and in the U.S. are NOT satisfied by your explanations.

Let’s look at the your ad, again, word for word, line for line.

BK claims in it’s ad: “What happens if you take remote Chiang Mai villagers who have never seen a burger?”

This is obviously a false, as the specific people in the ads (who are our relatives) HAVE seen burgers before, lots of it. Almost every Hmong Thai villages in Thailand have a TV. Thailand has how many BK franchises? How many commercials in Thai have these franchises run in the past several decades? Even the most remote Hmong villages in Thailand, like the ones in your ad, drive Toyota Tundras, talk to their relatives in St. Paul on their cell phones, and watch CNN and BBC on their satellite TVs. Never seen a burger? Pure fiction. Hmong villagers in Thailand aren’t as backward or primitive as you want Americans or the world to think. This type of stereotype needs to stop! BK eating Hmong Americans demands it.

BK ad claims: “[Hmong] Who don’t even have a word for burger?

In Thai, burgers are called, “Ber-Gerh”. Hmong Thais may not pronounce “burger” you and I would, but they know what a burger is. It’s not like lutefisk or something. Please.

BK ad claims: “And ask them to compare a Whopper versus Big Mac in the world’s purest taste test.”

They have had burgers before. They have had Whoppers before. They have had Big Macs before.

BK ad claims: “The Whopper is America’s favorite.”

I’m sure millions of Thai people, including the Hmong of Thailand likes the Whopper too. They also like the Big Mac just as well. If they can afford it.

BK ad claims: “But what will these people choose?”

“These people?” Those primitives in remote places of the world? As if they exist in a time warp and isolated from the rest of the world. Last I checked, there was a Hmong Super Delegate for Barack Obama. Get your heads out of the sand. We all live in a very tight knit global society.

Finally, your BK ad claims: “The Whopper Virgins will decide.”

Obviously, BK and their ad agency, CONTRARY to their claim that they “carefully constructed the campaign to respect the cultures of the people who participated in the test,” yet have by calling remote Hmong villagers in Thailand “virgins”, BK has committed a grave and unspeakable cultural gaffe, especially with images of Hmong men chumping on “burgers.” Need a little Hmong cultural and diversity orientation, BK?

Let the apologies come forth, and hopefully soon. Some of these Hmong people know how to run viral campaigns on Youtube too, you know.

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Supreme Court: Count those absentee ballots

In an order issued late on Thursday afternoon, December 18, the Minnesota Supreme Court ordered that improperly rejected absentee ballots should be counted and the results included in the recount now underway. In doing so, the Court rejected Norm Coleman’s petition to restrict or delay counting of absentee ballots, and admonished both campaigns that they should not file motions “for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.”

Selected quotes from the opinion: (full opinion attached in PDF format)

“Because previously rejected absentee ballots that all agree were rejected improperly should be counted and in light of the fact that the State Canvassing Board has not yet certified the final results of the recount, we order candidates Norm Coleman and Al Franken and their campaign representatives, the Secretary of State, and all county auditors and canvassing boards to establish and implement a process, as expeditiously as practicable, for the purpose of identifying all absentee ballot envelopes that the local election officials and the candidates agree were rejected in error. … Any absentee ballot envelopes so identified that the local election officials and the candidates agree were rejected in error shall be opened, the ballot shall be counted, and its vote for United States Senator added to the total votes cast for that office in that precinct.”

Justice Alan Paige dissented from the majority opinion, writing in part:

“The court’s ruling denies county canvassing boards which have reached the decision–that an absentee ballot was rejected in obvious error–the ability to correct those errors unless the candidates agree. The court’s order may seek the peaceful way out by asking the campaigns to agree on improperly rejected ballots. But the order does not guarantee that the candidates and their political parties will agree on any rejected ballot. Instead, the court’s order will arbitrarily disqualify enfranchised voters on the whim of the candidates and political parties …”

Concurring in part and dissenting in part from the majority opinion, Justice Paul Anderson criticized the court for narrowing the scope of county canvassing boards’ review of rejected absentee ballots, but expressed confidence in the ultimate result:

“Winston Churchill is reputed to have once said, in an admiring tone, that Americans ultimately do the right thing after they have exhausted all the other alternatives. Sometimes, the wheels of justice and due process take time to fully turn. While I believe that we have incorrectly exhausted one alternative today, I have complete confidence that ultimately the right thing will be done and all validly cast absentee ballots will be properly counted.”

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