home / subscribe / donate / tower / books / archives / search / links / feedback / events

Will the US Turn into Argentina? Get the Answer Only in CounterPunch's Print Edition US's top radical economist, Prof.Robert Pollin, gives CounterPunch newsletter subscribers exclusive briefing on the global casino and the dollar's future. Is neoliberalism still calling the shots? Is US now under Chinese rule? Move over, Kansas! Maybe Tom Frank got it wrong. Roxanne Dunbar-Ortiz asks, What's the matter with Oklahoma? How did one state go from pro-worker to proto-fascist in a generation? It'll take a mutiny: Alexander Cockburn on how Cindy Sheehan and a radical movement can end the war. Get the answers you're looking for in the latest subscriber-only edition of CounterPunch ... CounterPunch Online is read by millions of viewers each month! But remember, we are funded solely by the subscribers to the print edition of CounterPunch. Please support this website by buying a subscription to our newsletter, which contains fresh material you won't find anywhere else, or by making a donation for the online edition. Remember contributions are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! Note: If you tried to purchase a subscription or a book earlier this week, you probably gave up in frustration That's because our shopping cart was undergoing some plastic surgery. It seems to ready to please now. Please give it a try! Call Toll Free 1-800-840-3683 or write CounterPunch, PO BOX 228, Petrolia, CA 95558

Today's Stories September 14, 2005 Gary Leupp Managing Perceptions of Presidential Ignorance Ralph Nader Questioning Judge Roberts   September 13, 2005 Uri Avnery Who Murdered Arafat? Werther Jackals and Jackasses JG Where's the Outrage Over the Jailing of Kevin Pina? Marlene Martin The Texas Killing Machine: Will Another Innocent Woman be Executed? Joshua Frank Katrina's Political Aftermath: Blame More Than Bush Ron Jacobs Saving America's Serengetti Dave Lindorff Compassion for the Camera Ben Tripp It's an Ill Wind Dave Zirin Galloway Goes to Washington Billy Sothern How the Other Half Lived in New Orleans Website of the Day Save the Life of Frances Newton   September 12, 2005 Bill Glahn Tears of Rage in New Orleans Jason Leopold How Michael Brown Helped Bush Win Florida Bill Simpich Confronting Nancy Pelosi Mike Whitney Padilla and the Death of Personal Liberty Justin Felux Free Kevin Pina!: US Journalists Arrested in Haiti Rep. Cynthia McKinney No One Came to Get Them Carol Norris Let Them Eat Toxins Robert Jensen Our Grief is Not Special Gideon Levy The Mean Streets of Tel Rumeida Paul Craig Roberts Power Grab in New Orleans Website of the Day New Orleans Artists Relief Fund   September 9 / 11, 2005 William A. Cook From New Orleans to Palestine Saul Landau How the US Supplied Iran with Nuclear Know-How Lance Selfa Confederacy of Dunces: Why FEMA Failed Col. Dan Smith Paying the Piper Elaine Cassel Judge Roberts: On the Far Right of a Far Right Party Ron Jacobs Food as Govt. Weapon in New Orleans Elisa Salasin My September 11th Christopher Brauchli When "Action" is Delay: Bush's Picnic & Plan B Evelyn Pringle War Pays: Douglas Feith's Platinum Parachute Tom Crumpacker The Posada Case: When Injustice is Justice Dave Lindorff The Big Blowback Robert Jensen Race Stories: the Heart of Whiteness Gary Bass A Civics Lesson from Katrina Dr. Susan Block Katrina Speaks! Steven Sherman The American Left and the Battle of New Orleans Col. Douglas A. Macgregor Escape from Oz: the Pentagon's Light Show Barghouti / Grima Re-Thinking the Mediterranean Jeff Berg Katrian and the Baghdad Dead: Bush's Tipping Point? Fred Gardner Marijuana Might Really Make You Cool Charles Sullivan It's Not Easy Being King Dan Vojir God's Ambulance Chasers Website of the Weekend On the Road in Louisiana September 8, 2005 John Chuckman Lessons from Hell Dan La Botz Rehnquist: the Chief Injustice Carol Norris The Psychological Aftermath of Katrina David Krieger Cindy, Katrina and Iraq Irma Thomas An SOS from the Soul Queen of New Orleans Roger Morris Legacy of Neglect September 7, 2005 Roxanne Dunbar-Ortiz John Wayne and the New Orleans Indians Werther Victor Davis Hanson: Bard of the Booboisie Chris Floyd No Direction Home Jason Leopold The Rich and the Dead Michael Donnelly Cassandra, Apollo and the Red Queen Niranjan Ramakrishnan Clueless in Crawford; Witless in Washington Linda Milazzo / John Stern Idiot Wind: Haley Barbour, Katrina and Hiroshima Gary Leupp Nepal: the Prachanda Path Pierre Tristam Commander-in-Zilch Fails New Orleans Kevin Zeese Kucinich Speaks: Dem Leadership Needs to Get Out of the Way Charmaine Neville How We Survived the Flood   September 6, 2005 Keeanga-Yamahtta Taylor Our Birmingham: Did Katrina Blow Off the White Sheets of American Racism? Dan La Botz Katrina: State Failure and Human Solidarity Larry Bradshaw / Lorrie Beth Slonsky Trapped in New Orleans: First By Floods, Then By Martial Law Chuck D. Hell No We Ain't Alright Debbie Dupre / Bill Quigley Thank God There's No One to Bomb in Retaliation Omar Wariach Edward Said vs. Orwell and Hitchens: "It's Racism at the Bottom" Mike Whitney Why Rehnquist Doesn't Deserve to be Buried on US Soil Carol Norris In the Wake of Katrina Norman Solomon Firing Mike Brown is not Enough Michael Neumann But What About the Snipers? September 5, 2005 Paul Craig Roberts Resurrecting Karl Marx David Vest The Battle of New Orleans:It's Looking a Lot Like Fallujah John Blair Don't Rebuild New Orleans, At Least Where It Was Fidel Castro What Cuba Has Offered the People of the Gulf Coast Mike Whitney 80,000 Rodney Kings in New Orleans Alan Farago Talking Points for a City of Corpses Doug Giebel Bush's New Orleans: "So This is Where He Used to Come to Get Drunk" Mark Chmiel Beatitudes for This New American Century Carol Wolman, MD God to Bush: "You Blew It" Norman Solomon Bush's Answer to Cindy Sheehan: "It Was About Oil" Eli Stephens An Administration Without Shame Peter Linebaugh Loo! Loo! Lulu! Loot!   September 3 / 4, 2005 Alexander Cockburn From Mitch to Katrina Paul Craig Roberts Failure on Every Front Gary Leupp New Orleans and the System that Destroyed It Dave Lindorff Profiteering from Disaster: the Real Looters Wear Pinstripes Dan La Botz Time for the U.S. to Start Over Jonathan M. Feldman From Iraq to New Orleans: the U.S. as a "Failed State" Landau / Hassen The Cuban 5: In Prison for Fighting Terrorism Tim Wise In the Name of the Lord: "Those Looters Should be Shot" Mitchel Cohen People of the Dome: "Let Them Eat Shit..." Dave Zirin The Superdome: the Earth's Most Damnable Homeless Shelter Mike Ferner Waiting on the Outside World: Who Will Rescue America? Rep. Cynthia McKinney Shame on the Bush Administration Jason Leopold Bush's Demented Priorities: the State of Marriage Over the State of Louisiana Justin Felux Kayne West is My Hero: "Bush Doesn't Care About Black People" Monica Benderman Iraq War as Thrill Ride: Getting Off the Rollercoaster Ben Tripp Grab a Towel, You're Next Jordan Flaherty Notes from Inside New Orleans Bill Pahnelas A Rising Tide has Swamped All Boats Seth Sandronsky Hurricane Katrina Exposes the True Face of Capitalism Mark Donham Where's Karl Rove? Fred Gardner CHP Agrees to Follow Law; Justice Stevens Apologizes Joshua Frank Winning the West Jackie Corr The Privatization Mob Poets' Basement Albert, Engel, Louise   September 2, 2005 Evan Jones Katrina and the Corps of Engineers: Manufacturing Disaster David Stocker How Good is Your Levee? Frankly, Scarlet I Don't Think He Gives a Damn Dave Lindorff Baghdad on the Big Muddy Norman Solomon The Smirk of a Killer: Ending the Impunity of the Bush White House Mike Whitney How Bush Deals with a Disaster He Helped Create: Blame the Looters Eli Stephens What They Should Have Learned from Hurrican Ivan Ron Jacobs Katrina, Iraq and Blood Profits Christopher Brauchli Onward Christian Assassins Harvey Wasserman Bush to New Orleans: Drop Dead CounterPunch Wire Faith-Based FEMA? Feds Directing Katrina Money to Pat Robertson Glen Ford Will the "New" New Orleans be Black?   September 1, 2005 Dr. Greg Henderson, MD Situation Critical: a Doctor in the Flood Paul Craig Roberts How New Orleans Was Lost Mike Whitney Hurricane Donald: How Rumsfeld Smashed the National Guard Lee Sustar Left Behind to Drown: the Poor and Hurricane Katrina Dave Lindorff The Real Disaster: Bush and the Democrats Lynn Gonzalez The Cindy Spark: Mainstream America Stirs Chris Floyd The Perfect Storm August 31, 2005 Cockburn / St. Clair New Orleans After Katrina John Walsh Democrats and the War Bernstein / Mishel Bush Economy: Incomes Down; Poverty Up! Alan Farago What are the Hurricanes Trying to Tell Us? Norman Solomon The National Guard Belongs in New Orleans, Not Baghdad Bryan Newbury "Hey, Shoot that Black Guy Running Off with the Bottled Water!" Jason Leopold What's Eating Cindy Sheehan? Website of the Day The Swiftboating of Cindy Sheehan   August 30, 2005 Gary Leupp Venezuela: Launch Pad for Muslim Extremism? Joshua Frank Bunny and the War Profireers Evelyn Pringle The Woman Who Blew the Whistle on Halliburton Gets Canned Urariano Mota To Die by Mistake: the Killing of Jean Claude de Menezes Ron Jacobs High Water Everywhere CP News Service An Open Letter to Alberto Gonzales: Free the Cuban 5 Roger Morris The War for the Future   August 29, 2005 Seth Sandronsky Pat Robertson, Big Oil's Televangelist Norman Solomon War Liberals and Cindy Sheehan Charles Sullivan Nation of Fools Paul Craig Roberts Does Anyone Know What We're Doing in Iraq? Website of the Day Monsanto Threatens "Bitter Greens" August 27 / 28, 2005 Alexander Cockburn Assassination: as American as Apple Pie (and Torture) Ricardo Alarcon The Cuban 5 in Atlanta: a Long March Towards Justice Diane Christian The Politics of Death: Assassination M. Shahid Alam How to be a Good Victim Laith al-Saud Baghdad Circus: Iraq's Constitutional Process Diane Farsetta School of the Americas Fights Back: PR Plan for Pentagon's "Demonstration Village" Saul Landau Reagan and Bottled Water: the Privatization of Everything Tom Barry Hurricane Hugo: Relating to Venezuela Nicholas Rowe Barenboim in Ramallah: an Unfinished Symphony George E. Bisharat Enforce the Ban on Settlements Dave Lindorff Another Mother for War: the Exploitation of Tammy Pruett Fred Gardner Pot Shots: Doing the Right Thing, Even If You Are Fearful John Francis Lee The Juggernaut of Jingo Evan Jones I.F. Stone on the Perils of Empire Ali Khan Defining Aggression Poets' Basement Albert, Nettnin, Engel, Ford, Krieger, Louise August 26, 2005 Lee Sustar Showdown at Northwest Ramzy Baroud Cindy Sheehan and the Power of the Ordinary Christopher Brauchli The Return of Edwin Meese Peter Harley The Wall as a Good Thing? John Snider Not One of the Gang Kathleen Christison Can Palestine be Put Back in the Equation?     August 25, 2005 Paul Craig Roberts Hegemony Lost: the American Economy is Destroying Itself Cockburn / St. Clair Loewenstein's Big Mail Bag: Gaza and "the Shame of It All" J.L. Chestnut, Jr. Racial Politics in California They May Vote for You, But They Won't Have Lunch with You Chhandasi Pandya Libeling Venezuela Richard Ward Impressions from Camp Casey Norman Solomon Exploiting the 9/11 Anniversary: Will the Media Help Bush, Again? Joshua Frank Will the Real Leaders Please Stand Up? Seth Sandronsky GM, the UAW and US Health Care Lucinda Marshall The Democratic Unraveling: How Not to Mention the War VIPS Memo to Bush: Try a Circle of Wise Women Ralph Nader It's Time to Make the Iraq War Personal     August 24, 2005 Stan Goff Containing the Anti-War Movement: the Hayden Plan Rachard Itani Papal Double Standards Elisa Salasin The Militarization of Our Children Ron Jacobs Who Would Jesus Assassinate? John Chuckman Robertson and Posada: Bush's Kind of Terrorists Leibowitz / Heller Gaza: Disengagement or Military Redeployment? Douglas Valentine Suicide as Sacrament Thomas Nagy Congress Should Go to Crawford: an Open Letter to Cindy Sheehan Alexander Cockburn Hitchens Backs Down, Says Sheehan "Not a La Rouchie" Website of the Day Stations of the Cross       August 23, 2005 Rev. Graylan Scott Hagler Pat Robertson is Not a Christian Karen Kilroy Pittsburgh and Salt Lake City Protests: Violent Echoes of Kent State Stew Albert Fascism in America: Are We There Yet? Joshua Frank The Democrats and Cindy Sheehan Dave Zirin Pedaling Away from Principle: Lance Armstrong Cozies Up to Bush Julia Olmstead Our Reckless Chemical Dependence: A Little Round-Up With Your Precautionary Principle? CounterPunch Wire Prosecuting Bush in Canada for Torture: a Legal Update Jason Leopold Bush's Lips Move, But He Says Nothing Diane Christian The Politics of Death     August 22, 2005 Sonia Nettnin Gaza Stripped, the Occupation Remains Mike Whitney "Shoot to Kill": Tony Blair's First Trophy Kevin Zeese The Latest Falsehood: the US is in Iraq to "Stablize It" Norman Solomon Bush's Bloody Option: Escalate the War in Iraq Christopher Brauchli Secret Talkers Jeff Bale The Left's Challenge in Germany Greg Moses Raw Talk Revival at Camp Casey Two     August 20 / 21, 2005 Alexander Cockburn Can Cindy Sheehan End the War? Saul Landau Terrorism Then and Now: Townley Talks Kevin Zeese an Interview with Tom Hayden Greg Moses A Daytrip without Cindy Ray McGovern Cindy Sheehan and Creative Protest Fred Gardner Merck Gets Whacked Martin Smith Rebellion in the Ranks: the Soldiers' Revolt in Vietnam Benjamin Granby Gaza's Economy: the Key to Sharon's Strategy? Frankie Lake Dirty Tricksters: How the Federalist Society Operates Joshua Frank Failing Nature: the Democrats and the Environment Ron Jacobs When Sympathy is Not Enough Tom Crumpacker Moral Values and the CIA Mike Ferner "All of Our Stories are Sad" James Petras Suicide Bombers: the Sacred and the Profane Col. Dan Smith The President's Dilemma Dr. Teresa Whitehurst What de Menezes Didn't Know Ben Tripp Moses on Top of Old Smokey Poets' Basement Landau, Albert, Engel and Louise     August 19, 2005 Alexander Cockburn A Short History of Meat, Part 4: Cutting Up Mochie Neve Gordon After the Withdrawal Gary Leupp The Pandora's Box of Iraq's Constitution William S. Lind Getting Swept Vijay Prashad The Rosa Parks of the Anti-War Movement Dave Lindorff Something Has Happened Pat Williams Social Security and the American West John Pilger Free Speech and the War on Terror Elaine Cassel Judge Roberts and the Death Penalty     August 18, 2005 Alexander Cockburn A Short History of Meat, Part 3: Vegetarians, Nazis for Animal Rights, Blitzkrieg of the Ungulates Greg Moses Cindy, the Peace Train and the Little Ditch that Could Ramzy Baroud Theatrics in Gaza: the Disengagement That Isn't Joshua Frank Bush's Emotional Incapacities Monica Benderman For Cindy: There's No Glory in Dying Paul Craig Roberts Courthouse Jackboots: Corrupted Justice   August 17, 2005 Alexander Cockburn A Short History of Meat: Part Two, the March to Porkopolis Robert Jensen America's Good Germans? Carl G. Estabrook News Notes from the Global War on Terrorism Mike Whitney Greenspan and the Housing Bubble Niranjan Ramakrishnan Shaming the Shameless Norman Solomon Slurs, Lies and Innuendos: Blaming the Antiwar Messengers Dave Zirin In Defense of Felipe Alou Jennifer Loewenstein The Shame of It All: Watching the Gazan Fiasco CounterPunch Clarification     August 16, 2005 Greg Moses Mona in a Field of Crosses at Camp Casey, Texas Thomas Larson The Unmitigated Gall of Dinesh D'Souza Diana Barahona Uneasy Standoff in Venezuela's Media Wars Dave Lindorff The Inquirer's Minds Don't Want to Know Rep. Cynthia McKinney A Letter to President Bush: Meet with Cindy Sheehan Elisa Salasin Hitchens Slimes Cindy Sheehan David Krieger Amazing Grace and Cindy Alexander Cockburn A Short History of Meat: Part One, Peter's Dream Website of the Day Reclaiming Appalachia: a Mountain Takeover     August 15, 2005 Greg Moses Pilgrims of Protest in Crawford Paul Craig Roberts Slouching Toward Armageddon? Mike Whitney Failing in Iraq Robert Jensen The Challenges We Face CounterPunch Wire Judge Fines Voices in the Wilderness $20,000 for Taking Medicine to Iraq; Voices Refuses to Pay Norman Solomon Someone Tell Frank Rich the War Isn't Over Kathleen Christison Camp David Redux: Anatomy of a Frame-Up   August 13 / 14, 2005 Cockburn / St. Clair When Down is Up: the "Stricken" President William Blum The al-Dubya Training Manual Gary Leupp High Tide for the Neocons? Jack Z. Bratich Secreting the News: Anonymous vs. Confidential Sources Brian Cloughley The Ridiculous Rice Ron Jacobs Klan Justice: Mississippi is Still Burning John Farley "Beyond Chutzpah" Too Hot for Harvard Bookstore? Dave Lindorff Making the World Safer...for Nukes Tim Wise Animal Whites: PETA and the Politics of Putting Things in Perspective J.L. Chestnut, Jr. There's Not One Real Liberal or Conservative in the Senate John Gershman The Bolton Opportunity Felice Pace Saving Northwest Forests: Time for a Fresh Look Fred Gardner Feds Takeover Prosecution of Dustin Costa David Krieger The Fable of the Emperor and the Grieving Mother Roxanne Dunbar-Ortiz Being a Protestant Fundamentalist Ben Tripp GWAT: a Tone Poem Poets' Basement Reiss, Nettnin, Engel and Louise     August 12, 2005 Christopher Brauchli Courting God: Justice Sunday II Greg Moses A Crawford Peace House Morning with Cindy Sheehan Ramzy Baroud Israel's Nuclear Puzzle Norman Solomon Cindy Sheehan's Message: Repudiating Bush and Dean Chris Genovali Why is a Canadian Politician Trying to End Protections for US Grizzly Bears? Chris Floyd Cheney and Halliburton, the Stench Gets Worse Tariq Ali Blair's New Authoritarianism     August 11, 2005 Saul Landau Globalization and Its Discontents Dave Lindorff Privatization will Harm Same Sex Couples Ralph Nader Dear Cindy Sheehan: May You Prevail Where Others Have Failed Talli Nauman Radioactive Border: the Hot Mounds of Samalayuca Gary Leupp Politics of an Outing: Plame, Ledeen and Iran Sharon Smith The New Anti-War Majority Paul Craig Roberts Why is Cheney Lobbying for a Boost in China's Nuclear Capability?     August 10, 2005 Tim Wise Indian Mascots and White Rage Ron Jacobs Rumsfeld's Delusions Joshua Frank Dean and the PDA: Don't Believe the Hype Cynthia McKinney The 9/11 Op-Ed the Atlanta Journal-Constitution Refuses to Run Rick Wilhelm Peter Jennings, Excuse Maker for War and Empire Stan Goff Homegrown Resistance     August 9, 2005 Mike Ferner What One Mom has to Say to Bush: Cindy Sheehan in Dallas Monica Benderman Is Being a Conscientious Objector Now Criminal? Mike Marqusee Making Excuses for Killing De Menezes Rep. Cynthia McKinney Strange Fruit and Tree-Shakers Paul Craig Roberts Watching the US Economy Crumble     August 6-8, 2005 Alexander Cockburn How the British Destroyed India Jason Leopold Halliburton and Iran: Still Doing Business After All These Years? Ray McGovern Iran, Truth-Tellers and the Devotees of Preemption David Krieger From Hiroshima to Humanity Sharon K. Weiner / Robert Jensen From Hiroshima to Iraq and Back Fred Gardner The Budtender's View of a Rip-Off     August 5, 2005 Bill Christison New NIE Report on Iran's Nukes will Not Deter US's Posture of Extreme Aggressiveness Paul Craig Roberts Kelo: a Supreme Assault on Personal Liberty Alexander Cockburn The Taj Mahal as Kitsch; the Editor and the Water-Walking Guru     August 4, 2005 Tom Barry Inside Bush's "World Democracy Movement" Lila Rajiva John Bolton's New Internationalism Greg Moses Bush Teaches Intelligent Design in Prison Alexander Cockburn Indian Journal: Why Indian Farmers Kill Themselves August 3, 2005     August 3, 2005 Alexander Cockburn Broken Arrows and Iran: a B-52 Pilot Remembers Paul Craig Roberts The Kelo Calamity: Money, Power and Eminent Domaine William A. Cook Innocent Victims: From Hiroshima to Lower Manhattan Dave Zirin Bush's Texas Rangers: a Crackhouse for Juiced Players? Dave Lindorff Court Packing and Worker Rights José Pertierra Why Hamdi Isaac Yes and Posada Carriles No?   August 2, 2005 Ramzi Kysia Disengagement and Diaspora: High Walls and Razor Wire in the Hebron William A. Cook Words Without Meaning: Torturing Bodies and Language Paul Craig Roberts When Armageddon Gets No Press Mike Whitney Chertoff's Preemptive Crackdown: 600 Arrests, Only 76 Charged Ron Jacobs Be a Hero: Demand That Johnny Come Home Norman Madarsz Before the Stun Gun: Jean Charles de Menezes, RIP Tim Wise The Faulty Logic of "Terrorist" Profiling     August 1, 2005 Virginia Rodino Why Bono and Geldof Got It Wrong: War and Global Poverty are Linked Diana Barahona Return to Venezuela: Land Reform and Neighborhood Doctors Joshua Frank Gitmo's Kangaroo Courts: First Torture Them, Then Rig Their Trials Mike Whitney The Consolidation of Powers: Rubber Stamp Roberts Norm Dixon The Worst Terror Attacks in History Norman Solomon Operation Withdrawal Scam James Petras The Corruption of Lula's Regime     July 30 / 31, 2005 Alexander Cockburn Lost Nuclear Warheads Now in Iran? JoAnn Wypijewski Scenes and Silver Linings from Labor's Crack-Up: a Special Report from Chicago Sheldon Rampton War is Fun as Hell: the Video Games Recruiters Play Jack Z. Bratich Fingerprints of Power: a Summer of Double Super Secrecy Greg Moses How to Cool Your Heels in Texas When It's Late July Across the World Jordan Green From Woolworth to Wal-Mart: Economics and the Race Divide in a Southern City Patrick Cockburn Getting Out of Iraq: 5,000 US Troops Have Gone AWOL Brian Cloughley The Bush-Cheney Fixation on Iran Justin Taylor Harry Potter and the War on Terror Saul Landau Enhancements for the Imperial Life: Fashionism Takes Command! John Walsh Dems Field Another Pro-War Candidate: Meet Hack the Hawk Joshua Frank Color-Coded Justice: John Roberts's Racial Hang Up Ron Jacobs Who Needs Feminism? We Have Condi Rice! Fred Gardner The Ethan and Gavin Show John Chuckman Friedman on Terrorism: the Dumbest Story Ever Written Liaquat Ali Khan Lessons City Bombers Need to Learn from Newton and Donne Remi Kanazi Annexing Justice in Palestine Naveen Jaganathan The Gurgaon Riots Rock India Richard Heinberg Where is the Hirsch Peak Oil Report? Max Watts Francis Ona, the Napoleon of Mekamui Ben Tripp Write Your Own Editorial! Poets' Basement Whalen & Engel, Landau, Albert and Krieger       July 29, 2005 Cockburn / St. Clair Who's the Real Martyr? Judy Miller or Jim DeFede? P. Sainath The Class War in Gurgaon Niranjan Ramakrishnan How the West Was Lost: CAFTA and the Disassembling of America Dave Lindorff Marvelous Marvin Bush J.L. Chestnut, Jr. America's Racist Inventory: Oppression Breeds Violence Pat Williams Giving Away the Last Best Place Norman Solomon In Praise of Kevin Benderman: a Moral Leader of the Nation Goes to Prison Sen. Russ Feingold The Bad News About the Energy Bill     July 28, 2005 Paul Craig Roberts Departing Iraq William S. Lind The Duke of Alba and George W. Bush Gilad Atzmon Blair the Camera Man Joshua Frank Passing CAFTA: Blame the Democrats Lila Rajiva Vision Mumbai Submerged Amina Mire Pigmentation and Empire: the Emerging Skin-Whitening Industry Website of the Day Gateway to Underground News     July 27, 2005 Roger Morris The Source Beyond Rove: Condoleezza Rice at the Center of the Plame Scandal Gary Leupp Is Iran Being Set Up? Paul Craig Roberts US Falling Behind Across the Board Jackie Corr Class War on the Ruby River: the Billionaire with His Foot in His Mouth Mike Whitney The Coming End of the Housing Bubble Dave Zirin Why Lance Armstrong Must Break with Bush Christopher Bradley Why I Have Trouble Reading the News Norman Solomon Thomas Friedman, Liberal Sadist? Website of the Day Stormin' Norman     July 26, 2005 Suren Pillay The Enemy Within: When the "Other" is One of "Us" JoAnn Wypijewski Fission and Fizzle in Chicago: SEIU and Teamsters Quit the AFL Patrick Cockburn Iraq: the Unwinnable War David Anderson When the Greatest Outrage is the Lack of Outrage: NYC's Subway Searches Joshua Frank Hillary Clinton: Outflanking Bush from the Right Lenni Brenner Biography as Wish-Fulfillment: Jefferson, Hitchens and Atheism David Swanson Nuking Native Land     July 25, 2005 Paul Craig Roberts China-Mart Takes Over M. Shahid Alam Terrorism: America Defines Its Targets Uri Avnery March of the Orange Shirts Stan Cox Kreationism in Kansas Norman Solomon "Wagging the Puppy" Ramzy Baroud London Bombings: Barbaric, But Not Unexpected Mickey Z. No Gun Ri: 55 Years Later Website of the Day The Birth of a Hummingbird in 15 Images     July 23 / 24, 2005 Alexander Cockburn Islamo-Anarchs or Islamo-Fascists? Tariq Ali The War Comes Home Robert Fisk Something Happened Dave Lindorff Return of the Academic Witch Hunts Ricardo Alarcón Kidnapping in Miami: the UN, the US and the Cuban 5 Col. Dan Smith Living in a Twilight Zone: Troop Strength, Recruitment and the Draft Brian Cloughley The Pentagon's China Hypocrisy Kevin Zeese Growing Republican Opposition to Iraq War Bill Quigley Harrowing Hours in Haiti Fred Gardner The Reverberations of Raich Rep. Ron Paul The Patriot Act is a Threat to Liberty Joshua Frank Framing Abortion: Gonadal Politics and the Democrats Shivali Tukdeo Project Mumbai Makeover: Casualties of Development Gilad Atzmon Blair's "Evil Ideology" James Petras Baghdad: Barbarism and Civilization (a Fiction) Ben Tripp When Being American Was Fun Poets' Basement Krieger, Louise, Buknatski, Albert and Engel Website of the Weekend Remember the West Memphis 3   July 22, 2005 Heather Gray Home Grown Axis of Evil: Corp. Agribusiness, the Occupation of Iraq and the Dred Scott Decision David Domke The American Press and Credibility Lance Selfa Battle of the Insiders: No Heroes in the Plame Leak Scandal JoAnn Wypijewski Is This Really an "Insurgency" to Shake Up the Labor Movement?   July 21, 2005 Rose Ann DeMoro The Top 10 Problems with the "Crisis" in the Labor Movement William Blum London: Another Casualty in the War on Terror J.L. Chestnut, Jr. Whites Need to Learn Something: Dixie is Everywhere Christopher Brauchli Strange Affairs: Liberals and Alberto Gonzales Joshua Frank Plame Blame Game: the 5 Ws Brian Concannon, Jr. Haiti's Elections: Time for a Reality Check Patrick Cockburn The True, Terrible State of Iraq and the Link to London Website of the Day Who Blew Up the Murrah Building?     July 20, 2005 Cockburn / St. Clair Judge Roberts: Business as Usual Roxanne Dunbar-Ortiz Red Christmas Ray McGovern Did Dick Finger Valerie?: the Hand of Cheney Chris Floyd Judge Dread: John Roberts and the "Enemy Combatants" Uri Avnery "Silence is Filth" Dave Lindorff Westmoreland's Body Count Goes Up by One Norman Solomon Gen. Westmoreland's Death Wish Bill Quigley Travels in Haiti with a Wanted Priest       July 19, 2005 Tariq Ali An Isolated Regime John Ross Jihad Meets G-8 Davey D. More Clear Channel Censorship: "Don't F--K Around with Tha Police" Greg Weiher Muzzling Saddam: the Old Bait-and-Switch in Iraqi Jurisprudence Brian McKinlay An "Arse Licker" Goes to Washington: John Howard's Grand Tour Norman Solomon Nukes for India; Threats for Iran Dave Lindorff Get Back to Where We Once Belonged Bill Christison Bush's Itinerary: First Stop Syria, Next Stop Iran Joshua Frank Laura's Justice?: Meet Edith Brown Clement   July 18, 2005 Joshua Frank An Interview with Ward Churchill M. Shahid Alam A Muslim Problem: Did Thomas Friedman Flunk History? Jude Wanniski Memo to Patrick Fitzgerald Ron Jacobs A Weekend to Stop the War Mike Whitney The Straight Line Between Falluja and King's Cross Station William MacDougall From "Bring It On" to "London Can Take It" Seth Sandronsky Temporary Recovery: New Frontiers in Labor Flexibility Richard Lichtman The Consolations of George Lakoff Paul Craig Roberts Can Congressional Republicans End Bush's Wars? Website of the Weekend Novels of the Neo-Cons   July 15 / 17, 2005 Alexander Cockburn Don't You Dare Call It Treason Jeffrey St. Clair Sticky Fingers: the Making of Halliburton Paul Craig Roberts Economic Treason Harry Browne "What They Do to Us, They Will Do to You": Shell Oil in Mayo, Ireland Uri Davis, Ilan Pappe and Tamar Yaron A Warning from Israel Andrew Rubin End of the Enlightenment: an Open Letter to Stephen Plaut Patrick Cockburn Iraq's Ghost Battalions J.L. Chestnut, Jr. Changes in Selma: Standing Up to Racism in the South Fred Gardner A Professional Bust Christopher Brauchli An Olympic Feat: How to "Double" Aid with No New Money Chris Floyd The Great Iraq Oil Giveaway Ben Tripp The Dark Incontinent Col. Dan Smith General Abizaid, I'm Glad You Asked Jason Leopold What Did Rove Say and When Did He Say It? Jack Random Miller Time Norman Solomon War and Venture Capitalism George Ochenski Liberate Montana's Rivers: Come One, Come All! Website of the Weekend Vote for CounterPuncher David Vest     July 14, 2005 Jeffrey St. Clair Sticky Fingers: the Making of Halliburton Subcomandante Marcos This is What Will Do and How We Shall Do It: the Sixth Declaration of the Selva Lacandona Dave Lindorff No More Moral Relativism: the US is a Terrorist State Joshua Frank Rove Agency: Liberals and the CIA Jude Wanniski Those 8 Black Pages: What's the Real Story on Karl Rove? Dave Zirin Storming the Castle Kevin Zeese Exit Strategy: Within Reach? Robert Jensen War Myths and the Press Reza Fiyouzat A Worldwide Call to Free Akbar Ganji Carol Norris Governor Paranoid: Schwarzenegger Comes Unhinged Website of the Day Nate Osborn: Heroic Human Rights Activist and CounterPuncher   July 13, 2005 Brian Cloughley Cold Blooded Murders in Iraq George Galloway We Can't Separate the London Bombings from the Political Backdrop Carlos Fierro A Supreme Waste of Time Sarah Knopp Hate on the Border Norman Solomon "Isolated Pockets of Problems": the Fake Optimism of Washington's Warriors Mickey Z. Water on the Brain Jim Minick The Right Tree in the Right Place Pat Williams American Indian Education for All Andrew N. Rubin Life Behind the Wall: "We are No Longer Able to See the Sun Set" Website of the Day "London's Burning": the Mikey Mix     July 12, 2005 Laith al-Saud Voices of Resistance: an Interview with Dr. Mohammed al-Obaidi of Iraq's Peoples' Struggle Movement Kara N. Tina "This is How We Do It": Report from the Gleneagles Battlefield William A. Cook The London Bombings: Why Has It Come to This? Jack Bratich 2 Live Cruise: Tom Cruise v. Big Pharma Amina Mire The Problem with Speaking in the Name of Others Dick J. Reavis Lessons from the Christian Jihadists: the Virtues of Burning Crosses and Colored Smoke Kevin Zeese Depleted Uranium: States Take Action to Protect Their Vets Paul Craig Roberts No-Think Nation Website of the Day Coke Gags Indian Artist     July 9 / 11, 2005 Alexander Cockburn After the Bombings Uri Avnery War of the Colors in Israel Sheldon Rampton Blaming Galloway: Rhetoric vs. Reality in London Bill Christison Hiroshima's 60th Anniversary and Nukes in Iran: an Opportunity or Just More Hand-wringing from the Peace Movement? Robert Fisk Blair's Alliance with Bush Bombed Stephen Winspear Collateral Damage in London? Saul Landau Mission Accomplished: Iraq is Broken Behrooz Ghamari Thomas Friedman's Muslim Problem Karl Beitel False Promises and Real Debt Relief Brian Concannon, Jr. Throwing Gasoline on Haiti's Fires Fred Gardner Sentencing Season John Whitlow And What Does the Market Say? Niranjan Ramakrishnan The London Blasts: Who's Being Transformed, Them or Us? Lila Rajiva Witches and Bastards Laura Carlsen CAFTA: Deepening the Inequities Jackie Corr Ted Turner and Jiminy Cricket Dave Lindorff "My Brother Went Over There Gung Ho; Now He's Just Bitter" N. D. Jayaprakash Why the CIA Tried to Kill Chou En Lai at the Bandung Conference Seth Sandronsky Meet the "Truth Tour": Rightwing Radio Hosts Go to Iraq Norman Madarasz The Choking of Brazil's Worker Party Ben Tripp The Inevitability of George W. Bush Poets' Basement Louise, Albert, Landau, Davies and Engel Website of the Weekend The Mother of All Enemies Lists     July 8, 2005 Paul Craig Roberts Blowback Hits Britain: Londoners Pay Heavy Price for Blair's Deception Tariq Ali The London Bombings: Why They Happened Monica Benderman One Soldier's Fight to Legalize Morality Rick Jahnkow Beyond Opt-Out: the Counter-Recruitment Movement Christopher Brauchli Dear Vet: If You Want to Eat While You Recuperate, You Gotta Pay Extra Kim Peterson Bombs in the Underground: Terror Begats Terror Joshua Frank Leakers and Liars: Inching Toward Indictments? Norman Solomon Messages from the Carnage Website of the Day An Interview with Ray McGovern   July 7, 2005 Cockburn / St. Clair Judy Miller: the Luckiest Martyr John Walsh More Hawkish Than Bush: Dems in Full Battle Cry Mike Marqusee Message from London Gilad Atzmon London's Burning Nicole Colson Showdown at the Supreme Court Jack Random Judith Miller, Anti-Hero Norman Solomon Judith Miller, Drum Majorette for War Len Colodny Is Bob Woodward Still Protecting Al Haig? Cockburn / St. Clair Judy Miller: the Luckiest Martyr             Subscribe Online

September 14, 2005 Jefferson's Litmus Test Questioning Judge Roberts By RALPH NADER I n 1994 I testified before the Senate Judiciary Committee on the nomination of Stephen G. Breyer by President Clinton to be an Associate Justice of the Supreme Court of the United States. In that testimony I called attention to the importance of balance in the way our laws handle the challenges of corporate power in America. I said: For our political economy, no issue is more consequential than the distribution and impact of corporate power. Historically, our country periodically has tried to redress the imbalance between organized economic power and people rights and remedies. From the agrarian populist revolt by the farmers in the late 19th and early 20th century, to the rise of the federal and state regulatory agencies, to the surging trade unionism, to the opening of the courts for broader non-property values to have their day, to the strengthening of civil rights and civil liberties, consumer, women's and environmental laws and institutions, corporate power was partially disciplined by the rule of law. Today it is more important than ever for all Supreme Court Justices and, in particular, the Chief Justice1 of the Supreme Court to have the inclination and wisdom to realize that our democracy is being eroded by many kinds of widely reported systemic corporate excesses. Giant multinational corporations have no allegiance to any country or community, and the devastation and other injustices they visit upon communities throughout the United States and around the globe have outpaced the countervailing restraints that should be the hallmark of government by, for and of the people. Unfortunately, the structure and scope of these hearings are not likely to devote a sufficient priority to the corporate issues of our times. In 1816 Thomas Jefferson wrote: "I hope we shall... crush in its birth the aristocracy of our moneyed corporations, which dare already to challenge our government to a trial of strength and bid defiance to the laws of our country." Imagine his reaction to the corporate abuses of Enron Corp, HealthSouth Corp., Tyco, WorldCom or Adelphia Communications Corp to name only a few, along with the drug, tobacco, banking, insurance, chemical and other toxic industries. The corporate crime and greed of today tower over the abuses of the "moneyed corporations" of Jefferson's day. The economic power of giant corporations is augmented by a flood of Political Action Committee (PAC) money and other donations that shape the quality and quantity of debate in our country and consequently drive our society to imperatives that are increasingly more corporate than civic. You will hear about Judge Roberts from several perspectives, but it is safe to assume that questions and testimony about Judge Roberts' views on corporate power and the rule of law will be inadequate given the broad and profound impact giant corporations have on our democracy. An important procedural and substantive corollary is the important role our civil justice system plays in expanding the frontiers of justice and in giving individuals the ability to hold "wrongdoers" accountable in a court of law. "If we are to keep our democracy, there must be one commandment: Thou shalt not ration justice," said the famous jurist, Learned Hand. Unfortunately, powerholders, corporations and other institutions which are supposed to be held accountable by the civil justice system, are striving to weaken, limit and override the province of juries and judges. Some companies, led by insurers, have used expensive and focused media to promote the view that civil juries are too costly and too unpredictable. This narrow and short-sighted perspective is contrary to the long-standing tenets of our democracy and in particular the Seventh Amendment to our Constitution. The civil jury system of the United States embraces a fundamental precept of tested justice: ordinary citizens applying their minds and values can and do reach decisions on the facts in cases that often involve powerful wrongdoers. This form of direct citizen participation in the administration of justice was deemed indispensable by this nation's founders and was considered non-negotiable by the leaders of the American revolution against King George III. But the civil jury is more than a process toward bringing a grievance to resolution. The civil jury is a pillar of our democracy necessary for the protection of individuals against tyranny, repression and mayhem of many kinds and for the deterrence of such injustices in the future. Our civil jury institution is a voice for and by the citizenry in setting standards for a just society. Jury findings incorporated in appellate court decisions contribute to one of the few authoritative reservoirs of advancing standards of responsibility between the powerful and the powerless -- whether between companies and consumers, workers, shareholders and community or between officialdom and taxpayers or citizens in general. Knowing the evolution of the common law and the civil jury provides compelling and ennobling evidence of this progression of justice. Chief Justice William Rehnquist wrote, " The founders of our Nation considered the right of trial by jury in civil cases an important bulwark against tyranny and corruption, a safeguard too precious to be left to the whim of the sovereign, or, it might be added, to that of the judiciary."2 As the hearing unfolds, I suggest that the members of the Judiciary Committee devote some time to areas beyond those that are traditionally the focus of witnesses and questioning by Committee members and ask fundamental questions about the views of Judge Roberts, a former corporate lawyer at Hogan & Hartson, regarding corporate power and the civil justice system. In the spirit of expanding the criteria by which the Committee and the public can measure Judge Robert's judicial and civic philosophy, I offer the following questions for you to pose to the nominee. Some of the questions are narrowly focused and some are broad-gauged. But, in their totality they constitute the broad kind of "litmus test" that should be applied in selecting and confirming all judges. In short, does the nominee, having met the threshold requirements of competency, believe that the rule of law should be used to broaden and deepen, procedurally and substantively, our democracy ­ even if it means the rights of the giant corporation or powerful interests must be circumscribed to protect the rights of the individual citizen and of our communities ­ rural or urban, large or small? In pursing its own line of questions, the Committee should not let its exploration of the nominee's views be artificially restricted. Judicial nominees have given two reasons for refusing to answer questions, but these reasons are contradictory. First, they say, if they publicly express their views, it will compromise them if the issue comes before the Court. Second, they say, judges do not decide legal issues in a vacuum: they only decide a concrete dispute in a specific adversarial context. Accordingly, some nominees claim it's silly or inappropriate, for example, to say whether they believe the Constitution protects the right to abortion, because Justices don't decide cases by asking such abstract questions. They face a particular statute, challenged by a particular party directly affected in a particular way, and the resolution of that dispute will turn on all those particulars. This second response has a degree of merit -- and undercuts the first reason for refusing to answer most questions. Precisely because neither nominees nor the public can know in what context issues will reach the Court (if at all), it is not problematic for nominees to discuss their views. They should not say how they would decide an actual pending case, but, short of that, it is fine for them to discuss issues because that in no way commits them to taking sides in any actual dispute -- such disputes are invariably context-specific. For example, a nominee may be asked about the doctrine that treats a corporation as a "person" entitled to various constitutional rights. His or her thoughts on this issue will not tell us what he or she will do if such an issue is raised in a case before the Court. The latter may depend on the nature of the corporation (non-profit? media? multi-national?), the nature of the claimed right, and much more. Moreover, even if the nominee testifies that he or she disapproves the doctrine, as a Justice the nominee may hold that the question is settled law. Or if a nominee says that he or she agrees with the doctrine, a new circumstance -- or a party making a new argument -- may lead the nominee to hold otherwise. Nothing a nominee says guarantees that he or she will decide any case any particular way. Nothing that is said has to be fixed in stone. Judges do give opinionated public speeches, do they not? It may be wondered whether, in light of the above, any purpose is served by asking the nominee his views. The answer is yes. It's no secret that nothing a nominee says binds the nominee once he or she receives an office with life tenure. Nominees can't and shouldn't be bound. But especially with a nominee who has a limited public record, the hearings provide some basis for gauging the nature and quality of his ideas, about his philosophy of due process for example. At any rate they have that potential -- if Senators do their job and do not accept a nominee's self-serving refusal to answer questions. At the outset, it would behoove the Committee to establish the parameters the nominee will use in fashioning responses to your questions by asking: What criteria are you using to determine if you will directly answer or not answer questions posed to you by members of the Senate Judiciary Committee? If the Court has recently ruled on a matter, will you provide the Committee with your views on the Court's ruling? If a matter is long settled, will you provide the Committee with your views on the Court's ruling? Once this baseline has been established, the following questions should shed light on nominee's approach to some major issues of our day. 1. Lloyd Cutler, speaking as a prominent corporate attorney, once said: "There is one point I want to make clear: we believe in the arguments that we make." Do you believe the arguments you have made on behalf of your corporate clients? 2. Do you believe limits on television station ownership abridge the free speech rights of corporate broadcasters? 3. What is your view of the First Amendment rights of the listeners being paramount to those of the broadcasters as articulated by the Court in Red Lion Broadcasting Co. v. FCC, 395 U. S. 367 (1969)? 4. Do you see a problem when corporations are treated as equal participants, with every right to use their First Amendment rights to dominate public policy debates such as those that occur in state and local referenda? 5. Do you believe the Court should uphold state and Congressional limits on corporate political expression in order to equalize contributions to public debates? 6. Do you believe that a strict reading of the Constitution provides for the treatment of corporations as "persons" under the law for purposes of equal protection, freedom of speech or due process of law? And, if so, what in the Constitution's text provides a basis for this belief? 7. Many observers complain that law firms representing large corporations routinely abuse the discovery process in order to delay and harass their opponents. Have you observed that phenomenon? If so, what should be done about it? 8. In 1986, in Pacific Gas & Elec. Co. v. Public Util. Comm'n of Cal., 475 U. S. 1 (1986) the Supreme Court (5 to 3) struck down a state regulation as violating a utility company's "right of conscience" under the First Amendment. What makes the case particularly unsettling is its disconnectedness to opinions past and future. As Justice Rehnquist observed in his lengthy dissenting opinion in the case, "the two constitutional liberties most closely analogous to the right to refrain from speaking - the Fifth Amendment right to remain silent and the constitutional right of privacy - have been denied to corporations based on their corporate status." Do you think it makes sense to attribute a right of conscience to a commercial corporation? 9. Would any trade agreement, such as GATT, NAFTA, or CAFTA ever require Senate ratification as a treaty? 10. Does the President have complete discretion to determine whether an international trade or other agreement must be submitted to the Senate for two-thirds treaty approval? If not, what are the criteria that determine when an international agreement must be submitted to the Senate for two-thirds treaty approval? 11. Are there limits on Congress' power to strip federal courts of jurisdiction over a particular issue? If so, what are such limits? 12. Do you believe victims of defective products that meet federal standards should be limited from recovering damages from the manufacturers of the defective products? 13. Do you believe Congress should federalize and pre-empt state products liability common law in any or all sectors? 14. Plaintiffs' trial lawyers have been blamed by their corporate critics for all sorts of problems with the economy and legal profession. Do you believe that those representing injured persons in product liability and medical malpractice cases are harming America? 15. So-called tort-reform is aimed at restricting the amount of non-economic damages, such as pain and suffering, a party can receive. Are you concerned that this interferes with the traditional role of juries and judges to find facts and mete out appropriate justice? 16. Do you believe the use of the government contractor defense should be limited in nonmilitary procurement? If so, how? 17. Some people say the Ninth Amendment can play no substantive role in protecting rights, that it's merely a statement of principle or reminder of limited government. Do you agree? 18. A number of legal scholars argue that the 11th Amendment has been interpreted by the Court to shield states from liability for wrongdoing in a way that blatantly contravenes the original intention of the Amendment. Are you familiar with that scholarship and do you find it persuasive? 19. In what circumstances, if any, is it appropriate for a contractual arbitration clause to contract away substantive contract law, tort, or statutory rights? For instance, can an arbitration clause require arbitration of a worker's Title VII rights and at the same time limit the worker's compensatory damages to $200,000? Can that same clause require the loser to pay the winner's attorney's fees? Can that clause require that the parties to arbitration bear their own attorney's fees? 20. Describe the presumption against preemption of state law. Does it apply in some or all instances where federal law is said to preempt state law? 21. Is the presumption against preemption of state law (by federal law) similar to the plain statement rule that demands that Congress speak with unmistakable clarity if it wishes to override the states' sovereign immunity? If the presumption against preemption is not similar to the plain statement rule, explain how it is different? 22. How is the presumption against preemption applied in cases where federal regulatory law (regulating, for instance, drugs, boats, pesticides, motor vehicles, and the like) is said to preempt state tort law that provides monetary remedies to compensate for injuries caused by a product that the federal government regulates? 23. Do you believe Congress should pre-empt the state-law-based medical malpractice system? 24. What are your views on the "American rule" as opposed to the English rule under which the losing party in litigation generally pays the winner's costs, including attorney's fees? 25. What has been your reaction or views on Congressional funding levels for federally funded legal services programs over the last two decades? Should government be responsible for funding representation for poor people in civil litigation where important property or liberty interests are at stake? Or should that be mainly or entirely a private function? 26. Some scholars and judges believe that "Originalism" is the only principled method of constitutional interpretation. Do you agree? 27. Do you believe that a declaration of war by Congress is Constitutionally required for the United States to engage in war? 28. Does a Congressional delegation of the war-making discretion to the President in the form of a war resolution meet the test of of Article One, Section Eight of the Constitution? 29. What level of equal protection scrutiny was applied in Bush v. Gore, 531 U. S. 98 (2000)? 30. What is the precedential effect of Bush v. Gore? In other words, what kinds of equal protection claims does Bush v. Gore control or apply to? After Bush v. Gore, may a political entity (city, county, state) holding an election use more than one type of voting methodology (paper ballots, standard machines, punch cards, etc.) knowing that the error rates (whether through undercounts or otherwise) are different from one methodology to another? 31. Is there a need to amend our open government laws to make the President subject to them in whole or in part? Would such amendments be constitutional? 32. Do you believe arguments before the Supreme Court should be televised in the way C-SPAN televises Congressional deliberations? 33. In your view, is the Freedom of Information Act functioning properly at this time? If not, what are the major problems facing the Act? 34. In Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human Resources, 532 U. S. 598 (2001) case, the Court rejected the argument that a party that has failed to secure a judgment on the merits or a court-ordered consent decree, but has nonetheless achieved the desired result because the lawsuit brought about a voluntary change (the catalyst theory) in the defendant's conduct is entitled to attorney's fees. Does the rejection of the catalyst theory of fee recovery in the Supreme Court's Buckhannon decision apply across-the-board to federal fee-shifting statutes? If not, to what kinds of fee-shifting statutes is it likely to apply and to what kinds is its application more doubtful? 35. Brian Wolfman, Director of the Public Citizen Litigation Group notes, "The Bush administration says that Buckhannon applies to [Freedom of Information Act] FOIA cases, even though Congress stated explicitly, when it enacted FOIA, that fees should be available when FOIA cases settle. The Bush Justice Department has consistently argued to expand Buckhannon to every pro-consumer and civil rights statute in every conceivable situation." What approach (or approaches) to statutory construction of Congressional enactment was evident in the Supreme Court's Buckhannon decision? How would you describe the reliance on (or lack of reliance on) legislative history in the majority's reasoning in that case? Do you believe the Bush Justice Department is applying the Buckhannon decision correctly? 36. From both a legal (constitutional) and practical perspective, what is your view of the trend in the federal judiciary toward releasing more of its opinions in "unpublished" form, i.e., where the relevant court accords no precedential effect to the decision for other cases? 37. Should federal judges attend seminars which are funded by private corporations (or by foundations that are funded by such corporations) that have matters of interest to the corporations before the courts? 38. Do you believe a government attorney, in a subordinate position, should be forced (under penalty of discharge) to work on a case or argue a position that he or she believes is illegal, unconstitutional or unethical? Or should government lawyers have a "right of conscience" like other professionals? 39. What kinds of participation in civic life may federal judges continue to be involved in once they assume their judicial positions? 40. How many hours or what percent of their work time do you think partners in major firms should devote to pro bono work each year? 80. 41. How many hours on average did you bill per year as a partner and at what rates? 42. How many hours on average did you bill per year as an associate? 43. What was the nature of your pro bono work and approximately how much time per year did you devote to pro bono work? 44. Corporate attorneys and legal scholars have written books and articles decrying unethical or fraudulent billing practices in large corporate law firms. An article in the Summer 2001 Georgetown Journal of Legal Ethics titled Gunderson Effect and Billable Mania: Trends in Overbilling and the Effect of New Wages states that unethical billing practices are "a pervasive problem in law firms across the country" ­ do you agree? 45. Did you ever observe unethical billing practices when you were in private practice? 46. If so, what was the nature of and who were the protagonists of such practices? I hope these questions, whether asked orally or submitted to the nominee in writing for response, spark a robust, constructive debate between the Committee members and the nominee. Such exchanges should provide the Senate and the larger public with insights into how Judge John G. Roberts will, if confirmed as Chief Justice, perform his duties. This article is adapted from Ralph Nader's written testimony to the Senate Judiciary Committee. 1 The Chief Justice decides who will write the Court opinion (when he is in the majority), assigns Associate Justices to the federal Circuits, oversees the Administrative Office of the U. S. Courts, presides over presidential impeachments and submits to Congress an annual report of the proceedings of the Judicial Conference and its recommendations for legislation. 2 Parklane Hosiery Co. V. Shore, 439 U.S. 322 (1979).                               CLARIFICATION ALEXANDER COCKBURN, JEFFREY ST CLAIR, BECKY GRANT AND THE INSTITUTE FOR THE ADVANCEMENT OF JOURNALISTIC CLARITY, COUNTERPUNCH We published an article entitled "A Saudiless Arabia" by Wayne Madsen dated October 22, 2002 (the "Article"), on the website of the Institute for the Advancement of Journalistic Clarity, CounterPunch, www.counterpunch.org (the "Website"). Although it was not our intention, counsel for Mohammed Hussein Al Amoudi has advised us the Article suggests, or could be read as suggesting, that Mr Al Amoudi has funded, supported, or is in some way associated with, the terrorist activities of Osama bin Laden and the Al Qaeda terrorist network. We do not have any evidence connecting Mr Al Amoudi with terrorism. As a result of an exchange of communications with Mr Al Amoudi's lawyers, we have removed the Article from the Website. We are pleased to clarify the position. August 17, 2005

Coming in the Fall from CounterPunch Books! The Case Against Israel By Michael Neumann Click Here to Advance Order Philosopher Michael Neumann's Devastating Rebuttal of Alan Dershowitz Coming This Fall Grand Theft Pentagon: Tales of Greed and Profiteering in the War on Terror by Jeffrey St. Clair