This just in

From How Appealing comes news that the full U.S. Court of Appeals for the Ninth Circuit has decided to let stand a previous decision by a three-judge panel of that court that the phrase "under God" in the Pledge of Allegiance is unconstitutional. Thus, the active members of the court voted not to review the earlier opinion by Judge Ted Goodwin, for whom I worked when I first moved to Oregon nearly 25 years ago.

I think this means that unless the court "stays the mandate" in the case, it will soon be illegal for public school students to say the pledge in its current form, at least on the West Coast.

Usually when the Ninth Circuit denies a motion for rehearing, it does so without comment. Not this time! Really letting it rip in a lengthy dissent is Portland's own Judge Diarmuid "Close the Post Office" O'Scannlain, who gets hotter than a right-wing blogger, and raises his colleagues' blood pressure to boot. One colleague writes that Judge O'Scannlain's views are "disturbingly wrongheaded."

I can't wait to hear and read the Supreme Court dialogue on this one. Meeeeeoowwwwwwwwww!!!

What a fun weekend we have ahead! Let the name-calling and political posturing recommence!

UPDATE, 3/1/03: Leave it to Howard Bashman to educate us all on the timing of the Ninth Circuit's mandate and the procedures by which it can be stayed. How Appealing really is an internet treasure.

UPDATE II, 3/1/03: Egads, Howard has linked here, as well as to some much more serious academic commentators, and now I am exposed as an intellectual lightweight, content only to cackle with cynicism. Ah, well. First Amendment jurisprudence in connection with religion has always been a mess. Anyone seeking to find consistent doctrine in the area is likely to come away disappointed, wherever they look. Wish I had something of greater substance to contribute. But I do derive perverse enjoyment from one Republican appointee in Oregon attacking another with such vehemence! The Nixon Ninth Circuit vs. the Reagan Ninth Circuit -- he he!

UPDATE III, 3/2/03: I actually had a substantive thought about this today: What if the Supreme Court decides that Newdow is not suitable for adjudication because the plaintiff (the student's father) lacks standing? Presumably, in that case the judgment of the court below would be vacated. Does that mean the case will have no precedential value, even in the Ninth Circuit? If Mr. Newdow lacks standing, will West Coast public schools still be able to say the pledge in its current form? A valued colleague informs me this evening that they would, because a vacated decision is a nullity -- as if it were never rendered.

Until the next case, of course. And if a different Ninth Circuit panel gets it next time? Holy moly.

Beach blues

Our weekend at the Oregon coast featured one day that was stunningly beautiful. The air was crisp and cool, but not uncomfortable in the bright sun. The sky was as blue as you've ever seen it.

As we strolled along the beach at Manzanita, however, we saw some other blue, which wasn't so pretty.

It was down below our feet.

It was the blue plastic.

Millions -- no, billions -- of tiny shards of light blue plastic now dot the sand at Manzanita (and I suspect at other Oregon beach spots too). No doubt the remnants of garbage dumping somewhere out in the Pacific, these are bits of plastic that have floated around in the ocean so long that all the other colors have been bleached out of them. No reds, no yellows, just blue, light blue, which persists despite the sea and sun to which it has been exposed, along with some white shards, which are by far in the minority.

We first encountered the blue plastic a few years ago on a trip to Hawaii. We were staying along Poipu Beach at the southern tip of Kauai, which was fine, but when we ventured along the island's east side, we found on the beaches literally tons of blue plastic, still intact and recognizable as the household garbage it was. There were whole dishwashing liquid bottles and other plastic tubs, along with a myriad of smaller shards down to the size we saw in Oregon over the weekend (which is about half the size of a dime).

It was sad when we encountered the blue plastic in supposedly pristine Hawaii, and it's even sadder when we found it here in supposedly pristine Oregon.

It got me thinking. Surely it wasn't the Town of Manzanita that dumped this garbage in the ocean. But it's in Manzanita that the ocean said "screw you" and gave it right back to us stupid humans.

We're all connected.

And some of us make pigs look good in comparison.

Probably the worst part of the whole thing is that I can't see how the blue plastic will ever get cleaned up. A couple of times a year, hearty Oregonians grab garbage bags and tools and set out collecting trash from the beaches. But the blue plastic pieces are so small, they can't be cleaned up that way. It would take a half hour to do a space six feet square, and the stuff's spread over about the middle third of the length of the beach -- in Manzanita, that's seven miles long by maybe 40 yards wide. There were even a few shards of blue plastic on the road leading to the beach. It's light enough to blow around, I guess, and so its coverage will only broaden.

Ah, well. We smile and enjoy the rest of the beauty of the coast. But as we step over the blue plastic, I'm once again ashamed of my species.

Biff!

Stop the insanity

The fair city of Portland, Oregon can be a truly nutty place sometimes. Here we are all running around trying to figure out what to do now that the state, county, city, and schools are all certifiably broke. Parents of public school students of all grades are organizing volunteer schools that will start operating in May, when the schools close a full month early. They'll all be run off school grounds in donated or rented space. Former heroin addicts will be having their methadone cut over the next few weeks, and the county will not have the funds to prosecute them if they steal cars or their contents to raise money for heroin. Other drug treatment programs are also laying off workers beginning March 1. The lack of a functional mental health system is resulting in an obvious increase in the number of sick folks on the streets. And the police stations are closed at night and on weekends for lack of funds.

Meanwhile, in other Portland news:

Plans to build new light-rail links to the Clackamas Town Center and Milwaukie continue along. City of Portland's pledge: $40 million.

Meetings are being scheduled to extend the municipal trolley from the Pearl District to NE 21st Avenue. The pressing issue of the day: the precise route. Cost to the city: not disclosed.

And last night we had the first lecture by designers of the new aerial tram that will link the university hospital on the hill to the swanky new North Macadam development planned just south of the Marquam Bridge. Estimated cost of the public improvements needed for the project: $70 million. The city's share of that? No one will own up to it, but it's got to be at least half.

For heaven's sake, somebody tell me, who (if anyone) is running this operation?

Yes, we went to a party, party

As promised, an update on Saturday night's DJ stint. It all went well -- 5½ hours' worth. The dance floor was busy for most of the night, and the celebrants' college-age offspring brought up the rear with a spirited rally just after midnight. The set that got the "shorties" out there featured, at their persistent request, island greats Bob Marley and Arrow, and then Al Green. They would have gone until 3 had their parents (and the hall owner) not pulled the plug around 1:30.

If I do say so myself, I picked the perfect Motown songs, which I laid on back to back in prime time. There are so many to choose from, but here are the best selections: Supremes, "Love is Like an Itching in My Heart"; Four Tops, "Standing in the Shadows of Love"; Junior Walker, "Shake and Fingerpop"; Edwin Starr, "25 Miles"; Temptations, "Ain't Too Proud to Beg"; Capitols, "Cool Jerk" (though technically not Motown, they were backed by the Funk Brothers); and for one of night's few slow dances, Marvin Gaye & Tammi Terrell, "Your Precious Love." Best mistake of the night: I inadvertently played "Danger Heartbreak Dead Ahead" by the Marvelettes, when I was in fact going for something else. But the goodwill of the rest of the Motown numbers carried it handily.

Naturally, the boomers also went for the Stones: "Under My Thumb," "Satisfaction," "Brown Sugar," "Let's Spend the Night Together." I pulled the trigger a little too early on "Start Me Up" -- before the beer and wine kicked in, and it got no response.

Apex of the night? Beatles' "Birthday," of course. And ashamed as I was of the cliché, Kool & the Gang's "Celebration" right after that.

Dud of the night? There were a few, but I've got to give the booby prize to War, "Me and Baby Brother." Yawn.

Track I inadvertently left home, and of course got a request for right away: B-52s, "Love Shack."

I've gotten spoiled in the digital era. Cueing up analog tapes has gotten way old. Next time around, I'll have to figure out how to burn everything onto CDs to eliminate that chore.

In sum, it was fun. But I'm glad I don't have another one coming up next weekend.

Boogie nights

I'm getting ready to DJ a big birthday party this weekend. Three friends of mine are all turning 50 this month, and they're throwing a major three-way dance party shindig. I am honored to have been asked to supply the music.

Getting ready for one of these gigs is fun in itself. The rocking side of my music collection gets a real workout as I try things out in the den and compile some lists of potential tracks.

There's enough here for many hours of music. The challenge is picking the numbers that will tickle the dancers' fancy.

Of course, a crowd that's mostly 50-ish has its preferences. There's a "sweet spot" in there from '65 to '80 that has to be mined thoroughly. Tracks that pre-date or post-date that era have to be chosen with the greatest of care. The true mark of DJ success is when a cut from, say, the early '90s is recognized and appreciated. But you've got to be really careful with that stuff. There's a time and a place for "Bust a Move," but the window is open for only a short time.

This time around, it's finally hitting me that most of the favorite music that my friends and I share is many decades old. We are getting up there! When the Beatles gave us "When I'm 64," it was a quaint joke. Now we're listening to that one with a slightly different attitude.

One important aspect of playing DJ is suppressing one's personal revulsion for certain grossly overplayed songs that people love to dance to. For example, I probably wouldn't be disappointed if I didn't hear "Jump for My Love," "Billie Jean," or "Shout" again. But they're bankable, and they set the partygoers up for something a little more interesting.

I'm also giving myself 45 minutes or so at the start of the festivities during which the music doesn't necessarily have to be danceable, so long as it's fun and inspiring. But I've got several dozen songs to pick from, in a space where only 10 to 15 will fit.

There are still a few days left to make the tough decisions. We'll have a full (albeit not entirely bias-free) report here on Monday.

Yes, we have no bananas

My daughter and I stopped off on the way home from church yesterday at Irvington Market, a local specialty market, for some sandwich fixings. I'd been talking about turkey sandwiches with lettuce and tomato all morning. As we entered the store, we were shocked and dismayed to find the entire produce section closed down, packed up, and gone. The operator of the fruit and vegetable franchise, Porcini Produce, has called it quits. All that was left for sale were the fixtures of the once-proud operation. The other portions of the market -- the fish store, the deli, the juice bar, the coffee shop -- were all up and functioning. But the splendid produce was the heart of the market, and its absence gives the rest of the store a forlorn look and feel.

I had suspected for a while that the days of the produce operation might be numbered. Construction is scheduled to begin soon on a new mixed residential-retail development a few blocks away, on the site of the old abandoned Farrell's Ice Cream Parlor. Rumor has it that the first-floor tenant will be Zupan's, a specialty grocer that is developing into a small chain around town. When Zupan comes into a new neighborhood, other small grocers in the vicinity usually take a hit. Zupan's Southeast location in the Belmont Dairy put a dent in the produce aspect of Pastaworks on Hawthorne a few years ago, though when I last checked, Pastaworks was still hanging in there. Zupan's Southwest Macadam store may have even played a role in the death of the once-prosperous Burlingame Grocery on Terwilliger Boulevard. Police say the owner of Burlingame burned down his own business a while back. My last visit to his largely empty store one night before the fire indicated to me that the competition was hurting him.

But the Irvington produce shop has gone down long before Zupan arrived. Now it stands vacant and hollow, just down the street from another produce ghost, the Holladay Market. That once-prime retail space has dwindled down to next to nothing over the years, and there's no apparent program in place to bring it back.

With the economy the way it is, I doubt we'll be getting another produce shop in the Lloyd Center area before Zupan's opens. It's a treacherous business -- even Don Kruger, who founded the Irvington Market years ago, appears to have gotten out of it -- and I doubt that anyone will be ready to take up the challenge.

Perhaps the spectacular New Seasons Market up at 33rd Avenue and Killingsworth Street had something to do with the Porcini departure. That store's opening has coincided with a noticeable decrease in traffic at the Nature's/Wild Oats store at 15th Avenue and Fremont Street. Luckily for us consumers, the result of the competitive marketplace has been fantastic produce all year long. Right now we're into juicy peaches and strawberries that melt in your mouth, and this is February! Life is good. God bless America.

Anyway, my daughter and I finally got some serviceable lettuce and tomato at the friendly little convenience grocery at 15th Avenue and Brazee Street. We came home to Mama and had some turkey sandwiches that couldn't be beat. The fresh como bread from Grand Central Baking was perfect.

Over lunch, we bid a fond farewell to the produce people at Irvington Market. Many a great meal came from there.

Who needs the groundhog?

The daphne is in bloom, and its scent is powerful and wonderful. We have three of these bushes around our front yard, and they have truly prospered from the mild winters we have been having. Just a few of these flowers fill the house with their heady aroma, a sure sign that spring is either here to stay or just around the corner.

Only the little people

Last month I used this space to take a look at President Bush's proposal to stop imposing the federal income tax on dividends that Americans receive from corporations. I noted then that this change could be the beginning of a gradual shift away from an income tax and toward a wage tax. My comments included this:

The President says dividend income shouldn't be taxed. Maybe if he gets re-elected, next term he'll say interest shouldn't be taxed, either -- bonds should be treated the same as stock. Sounds plausible. Then the real estate lobby jumps up, and the next thing you know, rents aren't taxable income, either. The oil and mining folks grease a few campaign palms, and before long royalties are exempt, too. Somewhere in the shuffle, the tax on capital gains, already very low, and the tax on other income from property sales can be dispatched as well.

At that point, the only kind of income that will be left to tax is income from labor. Now that's a hot dream for the GOP.

Well, I was wrong about our fearless leader. He does not in fact plan to switch over to a wage tax eventually.

He plans to switch over right away.

Last week, just before we all had our attention spans confiscated by the Columbia disaster, the White House released a tax proposal that was labeled an expansion and simplification of the IRA rules. The proposed tax law changes would do those things, all right, but they would do much more. They would create new types of savings account called "lifetime savings accounts," or LSAs, and "retirement savings accounts," or RSAs. The new LSAs wouldn't have to be used for retirement; they could be used for any purpose, and their tax-free nature would still prevail. With RSAs, the money can be spent freely as soon as the taxpayer reaches the ripe old age of 58.

In effect, these changes would forgive the income tax on many different kinds of income from property. As one analysis explained it:

The new program would allow individuals to sock away up to $15,000 of their after-tax income each year into two separate accounts, with no taxes on any earnings from their savings. Each year, the maximum contribution would rise with inflation. All of the money in the new Lifetime Savings Account could be taken out at any time tax free, while the money set aside in the expanded Retirement Savings Accounts would remain saved until age 58, except in cases of death or disability.

"That's going to take care of almost everybody's saving," said Gary V. Engelhardt, an associate professor of economics at Syracuse University. Except for the wealthiest families, the $30,000 that a married couple could put aside every year would be more than enough to cover what they can afford to save. "Effectively all your saving is going to be sheltered," Engelhardt said.

If Congress were to pass the Bush plan, here would be the new scorecard: Dividends wouldn't be taxed at all any more. And neither would rent, interest, capital gains, or royalties, so long as the real estate, bonds, CDs, bank balances, or other income-producing assets are held in the new accounts. Taxpayers would be permitted to add $15,000 a year of new assets to their LSAs and RSAs, so that after 20 years of lifetime saving, the balance would be $300,000, plus the earnings on that balance as it grew over the 20 years. At 5% return, a 20-year investment plan like this would result in a tax-free account of about $496,000. At that point, the account would generate nearly $25,000 a year of tax-free income if earning 5%. That may not be enough to live off, but combined with unlimited tax-free dividends on stocks, of course it would be. (Note that the contribution limits would be increased each year for inflation; the numbers here are in constant 2003 dollars.)

For a married couple, the numbers would doubtlessly double. So after 20 years the balance would be around $1 million, and the tax-free interest, rents, capital gains, and royalties would run nearly $50,000 annually. Plus all the tax-free dividends you can eat.

Leona Helmsley once went to jail for her belief that only the little people pay taxes. Under the Bush plan, her distorted view would become the law of the land. Those who can afford to sit back and live off their investments -- corporate stocks, and other assets in the LSAs and RSAs -- would pay no federal tax whatsoever. Meanwhile, people who have to work for a living will continue to be taxed twice -- first under the income tax, and second under the Social Security tax.

"Saddam is the devil!" Bush tells us. "I weep for the brave astronauts!"

Hey, I've got one hand over my heart saying the Pledge of Allegiance, "under God" part and all. But with these guys running things, unfortunately you have to keep your other hand on your wallet. They are bold thieves, indeed.