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Sucked Dry: the Late, Great State of California

Bill Hatch reports how California is being destroyed by the death grip of real estate promoters sucking up the state’s water resources in the name of the “free market.” There’s now a 4 to 1 chance that by June 1 there will be a medical marijuana law in Washington DC. Fred Gardner reports on the reform movement across the US. Jennifer Loewenstein exposes the huge flaw at the heart of the Goldstone Report. Sousan Hammad describes the travails of “Miss Palestine”. Get your new edition today by subscribing online or calling 1-800-840-3683 Contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! CounterPunch books and t-shirts make great presents.

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Today's Stories

January 28, 2010

Bill Quigley
Haitians are Helping Haitians

January 27, 2010

Daniel Kovalik
Obama's War for Oil in Colombia

Paul Craig Roberts
Rule by the Rich

Dean Baker
We Won't Get Tarped Again!

Uri Avnery
The Two-Headed Monster

Sasha Kramer
Fear Slows Aid Efforts in Haiti

Vijay Prashad
Plan of Death in Haiti

Nikolas Kozloff
Hugo and the Shockwave: the U.S., Latin America and Haiti

Mark Weisbrot
Haiti: Where Security Kills

Jonathan Cook
Holocaust Day Invited Raises Storm in Israel

Bob Fitrakis /
Harvey Wasserman

Et Tu, ACLU?

Binoy Kampmark
Gordon Ramsay in India

Website of the Day
White House Die In

January 26, 2010

Michael Hudson
Myths of Recovery

Joan Roelofs
It's the Whole System

Patrick Cockburn
The Hanging of the Henchman

Mike Roselle
Photographing Mountain Top Removal: an Interview with Antrim Caskey

Brian M. Downing
Return of the Trust Busters

David Macaray
Big Brother is Alive and Well ... and He's Signing Your Paycheck!

Bouthaina Shaaban
Haiti -- Gaza: Varieties of Compassion

Kevin Zeese
Remodeling the Antiwar Movement

Richard Morse
The Press Only Likes Fresh Blood and the Blood in Haiti is Drying

Fidel Castro
We Send Doctors, Not Soldiers

Farzana Versey
Making Haiti: Survival, Charity Tourism and the Marketplace

Jonathan Cook
Israel's "Army-Owned" University

Website of the Day
Bagram: an Annotated Prisoners List

January 25, 2010

Michael Hudson
Will Obama Put Muscle Into the White House's New Populist Play?

Anthony DiMaggio
Supremely Swindled

JoAnn Wypijewski
Judges' Shock Ruling Okays Fantasist's "Repressed Memories" Fraud

Nadia Hijab
Aiding Yemen

Robert Jensen
Great Television, Bad Journalism: Media Failures on Haiti

John Maxwell
Boojum Hunting in the Caribbean

Richard Morse
Tweets From Port au Prince: We are Far From Normal

Marilyn Langlois
Standing Shoulder-to-Shoulder in Haiti

Dan Bacher
Has Obama Sold Out to Big Ag?

James L. Secor
The Mental Paralysis of the Left

Jayne Lyn Stahl
Putting the "Pro" Back Into Progressive

Website of the Day
Glenn Beck's "Revolution Holocaust"

January 22/24, 2010

Alexander Cockburn
The Great Leap Sideways

Russell Feingold
The Supremes Have Opened the Floodgates

Ralph Nader
The Supremes Bow to King Corporation

Christopher Ketcham
Freedom of Speech for a Fiction

Manuel Garcia, Jr
Corporate Personhood and Political Free Speech

Paul Craig Roberts
How Wall Street Destroyed Health Care

Jeffrey St. Clair
Poison Letters

Nikolas Kozloff
A Thorn in the Side of the U.S. Military in Haiti

Jean Damu
Haiti: Blood, Sweat and Baseball

Mitchel Cohen
Haiti and Toxic Waste

Paul Buccheit
The Tragedy of Haiti ... and Us

Conn Hallinan
Something About Yemen

Steven Higgs
The Mystery of the Eli Lilly Rider

Rob Stone, MD
Face Time With Rahm on Health Care

Saul Landau /
Nelson P. Valdes

The Preventive Coup

Ron Jacobs
Just Walk Away From the Democrats

Vijay Prashad
The Killings in Bengal

P. Sainath
India: Self-Slaughter Every 30 Minutes

M. Shahid Alam
Inviting David Brooks to My Class

George Wuerthner
Why Grass-Fed Beef Won't Save the Planet

Missy Comley Beattie
Could a Woman Who Posed Nude Get Elected?

Jean Sabaté
Russia's Ruined Far East Metropolis

Shamus Cooke
Company Unionism

Stephen Fleischman
The Founding Fathers and the Luck of the Draw

Michael Donnelly
Gitmo Closes

David Michael Green
How to Wreck a Presidency

Michael Dickinson
Art on Trial in the Capital of Culture

Charles R. Larson
In the Aftermath of 9/11

David Yearsley
From the Liberace Museum to Persian aub Zam Zam

Lorenzo Wolff
Catching Ziggy on the Lower East Side

Poets' Basement
Ahmad and Corseri

Website of the Day
Hitler Finds Out Scott Brown Won Mass. Senate Seat

 

January 21, 2010

Paul Craig Roberts
Security Fools

Alan Farago
Fat Tires in the Everglades

Richard Morse
Earthquake in the Red Zone

Stewart J. Lawrence
The Prospects for Comprehensive Immigration Reform

Harvey Wasserman
The Weimar Democrats

Carl Finamore
Class Clowns

Ramzy Baroud
Iran and Latin America: the Press Stirs the Pot

Marshall Auerback
Obama Still Doesn't Get It

Fawzia Afzal-Khan
Pakistan Love Story

Adam Federman
Did Commercial-ization Kill the Bees?

Website of the Day
How Free Market Theory Destroyed the Free Market

January 20, 2010

Alexander Cockburn
A Richly Deserved Humiliation

James Bovard
How the Patriot Act Perpetuates Official Robberies

Mary Lynn Cramer
Class and Party Differences in Massachusetts

Dean Baker
Making the Banks Pay

Uri Avnery
The Turkish Incident

Kathy Kelly
Tough Minds and Tender Hearts

Jeb Sprague
Haiti's Classquake

Ron Jacobs
Revolution Not a Tea Party

John V. Walsh
Why I Voted for the Republican in Massachusetts

Bouthaina Shaaban
A Wise Strategy for Obama

Gail Dines
The Ideal Partner?

Website of the Day
Water Insecurity in the Colorado Basin

January 19, 2010

Michael Hudson
Wall Street's Power Grab

John Maxwell
No, Mister, You Can't Share My Pain

Stephen Soldz
The Guantánamo Suicides

Richard Morse
Tweets from Port au Prince: "A Hungry Man is an Angry Man..."

Björn Kumm
The Tragedy of Toussaint L'Ouverture

Gary Leupp
Blowback of the Drones

Eric Toussaint /
Sophie Perchellet
Haiti's Odious Debt

Nikolas Kozloff
Chile's New Right

Benjamin Dangl
Profiting From Haiti's Misery: If the Marines Don't Kill You, the Loans Will

Dave Lindorff
The Blackout on Cuban Aid to Haiti

Robert Roth
The Politics of an Earthquake

Website of the Day
Break Up the Big Banks--ASAP

January 18, 2010

Petra Bartosiewicz
The Intelligence Factory: How America Makes Its Enemies Disappear

Nelson P. Valdés
The Rescue Operation's Priorities in Haiti

Bill Quigley
Why the U.S. Owes Haiti Billions

Richard Morse
I See No Evidence of a Government Presence Here: Tweets from Port au Prince

Tolu Olorunda
More Than Aid, Haiti Needs Allies

John Ross
The Silence of the Sub

Manuel Garcia, Jr. The Murder of Masoud Alimohammadi: Assassinating the Iranian H-Bomb

Ralph Nader
Privatizing Everything

Franklin Lamb
How McCain was Greeted in Lebanon

Frederick B. Hudson
Plucking the Chords of Change

Website of the Day
Senator Centerfold

January 15-17, 2010

Alexander Cockburn
Bum Rap for Harry, Not for Bubba Bill

Richard Morse
The Streets are Now Haiti's Living Room, Bedroom and Morgue

Bill Quigley
Ten Things the U.S. Can and Should Do for Haiti

Patrick Cockburn
Crushing Haiti, Now as Always

Jeffrey St. Clair
On the Firing Line

Anthony DiMaggio
Remaking an American Myth: Haiti, U.S. Aid and Humanitarian Relief

Tom Reeves
Haiti, Where America Never Learns

Daniel Wolff
Haiti's Ongoing Emergency

Alan Nasser
Obama's Latest Ruse: the Bank Tax

Saul Landau /
Nelson P. Valdes

A Coup in Honduras ... So Twentieth Century!

Andrew Oxford
Afghanistan's Soft-Spoken Rebel

Michael Donnelly
Big Greens and Real Greens: Biodiversity in the Age of Big Money Environmentalism

Russell Mokhiber
Democrats Going Down in Flames

Darwin Bond-Graham
The Green Drillers

Missy Beattie
War Dealer

David Ker Thomson
The Attention Economy

Gary Leupp
War on Yemen

Ron Jacobs
The Untold Story of Afghanistan

Clifton Ross
Nicaragua Now: Living the Farce

Jordan Flaherty
Her Crime? Sex Work in New Orleans

Marshall Auerback
Why Placating the Tea Baggers Protects the Status Quo

Marjorie Cohn
Keeping Same Sex Marriage in the Dark

Joe Bageant
Bass Boats and Queer Marriage

Tariq Ali
Remembering Daniel Bensaîd

Jayne Lyn Stahl
Too Soon to Fail?

Charles R. Larson
Iran at the Seams

Kim Nicolini
Vampires in Hard Times

David Yearsley
Histories of Western Music, From Grout to Kleinzahler

Poets' Basement
Garcia and Bryan

Website of the Weekend
Green Tags: Words That Stick

Support Haiti Action

January 14, 2010

Ashley Smith
The Incapacitation of Haiti: Before and After the Quake

Harvey Wasserman
Hard Core Green: How to Kick Corporate Butt

Dean Baker
The Case for Bernanke: a Really Bad Joke

Brian Cloughley
Selective Compassion

Brock L. Bevan
One Night in Sana'a: Parties, French Girls and Security in Yemen

Don Monkerud
The Health Insurance Monopoly

Winslow T. Wheeler
More Pentagon Spending

Gideon Levy
Only Shrinks Can Explain Israel's Behavior

Adam Federman
The Exxon Clause

James McEnteer
This Week in Stupid

Brian Concannon Jr
Working with the Haitian Government

Website of the Day
Protest at Wall Street

January 13, 2010

Patrick Haenni /
Sami Amghar
The Myth of Muslim Conquest

Jonathan Cook
The Iron Dome

Cecil Brown
Knocking on Woods: What Tiger Woods Jokes Tell Us About the American Character

Steven Higgs
Mercury and the "Environmental Soup"

Paul de Rooij
A People's Cartoon History of Gaza

Richard Forno
What Happens When They Change Targets?

Dr. Trudy Bond
Psychologists in an Age of Torture

Daniel Drennan
A Black Panther in Beirut

Martha Rosenberg
The "Good Cancer" Spin

Brenda Baletti, Gilson Rego and Antonio Sena
Battle in Amazonia

Website of the Day
Haiti Aid: Artists for Peace and Justice

January 12, 2010

Bill Salganik
The Myth of "Cadillac" Health Plans

Uri Avnery
The Quiet American Goes to Yemen

Dean Baker
Big Bank Theory

Dan Kovalik
Chiquita Lauded for Human Rights Abuses

Raza Naeem
Yemen's Memories of Revolution and Resistance

George Wuerthner
Up in Smoke: Why Biomass Wood Energy is Not the Answer

Dave Lindorff
Looking for Those Green Shoots

David Macaray
I am Blacker Than Rod Blagojevich

Tolu Olorunda
Bono Bombs, Again

Patrick Bond
Copenhagen Inside-Out

Website of the Day
Unfortunate Checkout Aisle Juxtapositions: Tiger and Abdulmutallab

January 11, 2010

Patrick Cockburn
Only Fools Rush Into Yemen

Gareth Porter
Potemkin Tunnels: Iran Uses Fear of Secret Nuclear Sites to Avert Attacks

John Ross
Mexico Welcomes 2010 With Bombs and Riots

Gregory V. Button
TVA Health Assessment Report on Coal Ash Raises Troubling Questions About the Agency

Ralph Nader
The Last of the Prairie Populists: Losing Byron Dorgan

Tom Barry
Not Systemic Failure, Failed System

Mikita Brottman
The Healing Powers of Facebook

David Michael Green Lost in the White House

David Swanson
Obama as the Secret Decider

Kevin Zeese
The Baucus 8 Are Free

Website of the Day
Solitary Watch: News From a Nation in Lockdown

January 28, 2010

Distorting the Basic Law

Apartheid at the Israeli High Court

By URI WEISS

In 1992 the Knesset enacted Basic Law: Human Dignity and Liberty. This basic law speaks clearly about human dignity. It states explicitly: "All persons are entitled to protection of their life, body and dignity". And let it be emphasized: all persons, not just citizens, not just residents, and not just Jewish persons. However, Judge Aharon Barak's Supreme Court (sitting as the HCJ) has ruled that the law is applicable to Jewish settlers in the territories, but the question of whether it is applicable to their Palestinian neighbors has been left as "pending decision", i.e. an open question about which the need to decide has not yet arisen.

This ruling is crude legal activism by the HCJ, distorting the words of the basic law enacted by the Knesset, turning it into an Apartheid law. More precisely, this is Apartheid common constitutional law.

Since then, the Israeli Supreme Court has added two building blocks to the edifice of Apartheid. The first one is the ruling which recognized "Bank-Hamizrachi's" constitutional property right in a house built in the Gaza strip. Thus, the HCJ actually decided that a Jewish corporation in the occupied territories is entitled to constitutional rights stemming from the Basic Law, but the question whether a Palestinian person in this area is entitled to those rights has been left open. The second building block was laid by the Ga'abith ruling, which addressed the question whether a Palestinian man residing in Israel as the spouse of an Israeli resident has the right of hearing, after the state decides to deport him for security reasons. The state argued that the Palestinian man had no such right, since he had no legal status in Israel. Judge Elyakim Rubinstein recognized the Palestinian man's right of hearing, since this right is supposed to be granted to every person. However, lo and behold, the view of this judge who represents the religious right wing remained a minority view! The seemingly liberal judges, Dorit Beinish and Hanan Meltzer, ruled that the Palestinian man's right could be derived from the right granted to his Israeli spouse, and subsequently left open the crucial question whether he himself has that right independently.

By doing so, the HCJ has completed the edifice of Apartheid which it had been building. Basic Law: Human Dignity and Liberty is not applicable to all those who are regarded as human beings by a humanist attitude. Neither are the boundaries of its jurisdiction geographic, like the green line. Instead, they are substantively ethnic. A Jewish settler will be protected by the basic law - both in the territories and in Israel. Her Palestinian neighbor's rights, which should follow from the basic law, either inside Israel or in the occupied territories, have yet to be decided.

Leaving this question open, under the status of "pending discussion", leads, at the very least, to a delay in the recognition of the Palestinians' right and conveys the message that for 17 years Israel's Supreme Court has been regarding basic laws as currently irrelevant for granting constitutional protection to the Palestinians. Thus, contrary to the common view, the Supreme Court has not only exercised a tight-fist policy in protecting Palestinians from violations carried out by the other Israeli branches of power, it has also exacerbated these violations, through its "legal activism" approach, denying Palestinians protection granted by the Israeli parliament.

Uri Weiss is a PHD law student at the Hebrew University, Jerusalem.

This article was translated from the Hebrew by Uri Weiss and Ofer Neiman.

 

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