Science news I just have to share

From SpaceWeather.com:

NEW SUNSPOTS: After several days of utter spotlessless [sic], the face of the Sun is changing. Two new sunspots have emerged: one is large and the other is growing with wild abandon. It’s a good show for solar observers. So far neither ‘spot poses a threat for strong solar flares, but this could change if the rapid growth continues.

MAMMATUS CLOUDS: Is it raining where you live? After the storm, go outside and look up. You might spot a strange and beautiful formation of “mammatus clouds,” which often herald the end of severe weather. They are jaw-dropping. Visit http://spaceweather.com for pictures.

SPACESHIP SIGHTINGS: During the first week of July, the International Space Station will make a series of bright evening passes over the United States. If the space shuttle Discovery launches as planned on July 1st, it will join the station, flying in tandem over many locations.

From SCIENCE@NASA:

This drives astronomers crazy. Every summer, on the one night when millions of Americans are guaranteed to be outside at nightfall, necks craned upward watching the sky, almost no one pays attention to the heavens. It’s all fireworks, fireworks, fireworks. Stars and planets don’t stand a chance.

But this 4th of July is different.

At sunset, just as the fireworks are about to begin, the Moon and Jupiter will pop out of the twilight side-by-side: sky map. These are the brightest objects in the night sky, easily beaming through the flash and smoke of a fireworks display.

Sidewalk astronomers, deploy your telescopes! Here is a wonderful opportunity to show off Jupiter’s moons, the Great Red Spot, lunar craters and mountain ranges, and the long creeping shadows at the Moon’s day-night divide. Bonus: Point your telescope at blank sky and wait for some fireworks. A good starburst at 25x magnification can be very entertaining.

And don’t forget to watch out for spaceships.

During the first week of July, the International Space Station (ISS) passes over many US cities in plain view of evening sky watchers. July 4th is one of the best nights of all. Visit NASA’s Sky Watch web site to find out exactly when the station will appear over your hometown.

And from Space.com:

With liftoff of the Space Shuttle Discovery planned for Saturday afternoon, skywatchers across much of the United States and southern Canada could possibly be in for a real treat on Saturday and Sunday evenings.

Should weather conditions permit, first in Florida to allow the launch [updates here] and then where you live to offer a clear view, there will be a spectacular opportunity to see both the Discovery and the International Space Station (ISS) flying across your local sky.

This is a sight that should easily be visible to anyone, even from brightly-lit cities.

Visit each of the sites for updates and information, especially if you need help determining when in your area is the best time to look for the shuttle and ISS as they pass overhead in the coming days.

How ’bout those Republican priorities

What do you think Congress should be focusing on right now?  Education?  Health care?  National security?  Poverty?  Energy?  Minimum wage?  The out-of-control national deficit?  I have a whole list of things that seem really, really important to America right now.  Sadly, none of them are on the Republican agenda for this congressional session.

Republicans intend to hold votes this summer and fall touching on abortion, guns, religion and other priority issues for social conservatives, part of an attempt to improve the party’s prospects in the midterm elections.

The “American Values Agenda” also includes a proposed constitutional amendment to ban gay marriage — which already has failed in the Senate — a prohibition on human cloning and possibly votes on several popular tax cuts.

Huh.  Look at that.  There’s not a single important issue, but let’s look a little deeper to see precisely what we’re talking about.

[One Republican proposal would] strip the Supreme Court and other federal courts of jurisdiction over cases challenging the constitutionality of the Pledge of Allegiance. The legislation is a response to a 2002 Appeals Court ruling that held the pledge is unconstitutional because of the presence of the words “under God.” A federal judge made a similar ruling last fall, citing the appeals court precedent.

Another measure would block the payment of attorney fees in challenges to the display of the Ten Commandments in public areas and other, similar church-state lawsuits.

An abortion-related proposal would require that some women seeking to end their pregnancies be informed the procedure “will cause the unborn child pain” and they have the option of receiving drugs to reduce or eliminate it. A separate measure would ban human cloning, a prohibition that cleared the House in the previous Congress.

Two measures relate to the rights of gun owners. One would prohibit the confiscation of legal firearms during national emergencies, barring practices such as the one that officials said arose in New Orleans after Hurricane Katrina hit.

The measure is backed by the National Rifle Association, which has hailed the recent passage of a state law in Louisiana. “The aftermath of Hurricane Katrina became the proving ground for what American gun owners have always feared: the day that government bureaucrats throw the Bill of Rights in the trash and declare freedom to be whatever they say it is,” Wayne LaPierre, NRA executive vice president, said in a statement posted on the organization’s Web site.

House Republicans also said they would hold a vote on legislation to apply gambling laws to the Internet.

Well, that didn’t help.  I still see nothing that represents the critical issues facing our nation.  Why do the Republicans hate America?  Oh, sorry, I guess that’s their line for use against Democrats.

“Radical courts have attempted to gut our religious freedom and redefine the value system on which America was built. We hope to restore some of those basic values through passing this legislative agenda and renewing our country’s commitment to faith, freedom and life,” Speaker Dennis Hastert, R-Ill., said Tuesday.

Faith?  Isn’t this America where the government is to stay out of the business of religion?  And freedom?  I guess he means taking it away from people, like “enemy combatants” and gays and women and…  Well, you get the idea.

It’s really pathetic, me thinks.  Conservatives have it all wrong.  These issues aren’t what matters.  They’re only intended to incite fanaticism in the far right so they show up at the polls this autumn.

To bastardize one of my own favorite sayings, “If you can’t show results, at least look busy.”

Oh, and let me add this: I’m really FUCKING tired of the word “values” being used as though it only applies to the rabidly religious in our country.  Their values suck.  They’re full of hate and violence and intolerance and bigotry.  Those aren’t values.  Besides, claiming the word implies no one else has values, or that their values aren’t as important.  It’s nice to see small minds at work.

Here’s what I think about the SCOTUS decision

As I alluded, the SCOTUS handed down its decision yesterday in the case of Hamdan v. Rumsfeld.  (You can read the full decision [PDF] here, but be warned it’s 185 pages long and is written in the notorious legalese we all hate.)  The Court’s findings in this matter are quite clear; they adamantly rebuke the Bush administration and its practices.  This is a significant body-blow to the president who would be king.

While I won’t delve into a point-by-point analysis, there are several items that are worthy of note.

Most important and most obvious is the Court’s declaration that the office of the president does not have unlimited powers even in a time of war.  On the contrary, says the Court, the president must work with the other two branches if more authority is needed.  The Justices specifically state that the president has never been granted the expanded authority he claims to hold.

Also of note are the precedents set by this decision.  One: The president is not above the constitutional checks and balances between the three branches (i.e., he does not operate in a vacuum).  Two: The president is bound by the same laws which he is empowered to enforce, and that includes the Constitution and international laws.  He can not act outside of the confines of these boundaries.

Specific to the case, the Court declares military tribunals for Guantánamo detainees outside of the purview of the president.  Having never been authorized to hold such tribunals and lacking empowerment under current laws to arbitrarily implement such a process, the chief executive can not pursue that course of action.  If such an approach is felt necessary, the president is specifically instructed to work with Congress to change the laws.  Justice Stephen Breyer went so far as to say, “Indeed, Congress has denied the president the legislative authority to create military commissions of the kind at issue here. Nothing prevents the president from returning to Congress to seek the authority he believes necessary.”

The SCOTUS makes clear that the Executive Branch is obligated to uphold and enforce treaties to which the United States is a signatory.  They specifically note this includes the Geneva Conventions.  The Court states Common Article 3 of the conventions applies even to the conflict with al-Qaida.  Unlike the administration’s assertions to the contrary, the Court states that a conflict is a conflict, a war is a war, and we must adhere to our obligations under such circumstances even if we choose to call prisoners “enemy combatants” rather than POWs.

Common Article 3 of the Geneva Conventions declares torture illegal.  It states those detained as part of a conflict “shall in all circumstances be treated humanely.”  To that end, specific acts “are and shall remain prohibited at any time and in any place whatsoever.”  What acts are we referring to?  Among them, “cruel treatment and torture” and “outrages upon personal dignity, in particular humiliating and degrading treatment.”  The Court unbendingly states the Bush administration (and, therefore, any presidency) must adhere to said restrictions and follow the letter of our obligations in this regard.  This should bring a halt to waterboarding, hypothermia, and many other confirmed practices currently in play within America’s intelligence and military operations.  We’ll see.

Because violations of Common Article 3 are globally defined as war crimes, and America’s War Crimes Act also covers such actions, perhaps Bush and crew can find a seat next to Saddam Hussein at The Hague.  I’m sorry to report Slobodan Milosevic won’t be able to make it.

The Court found that, as part of the Uniform Code of Military Justice, the administration was required by Congress to comply with the rules of law when creating and implementing military commissions.  Again, they simply enforced existing law and declared that the president did not possess the authority to violate such statutes.  This finding also shows that the Commander in Chief was not even following the essential military conduct code to which we bind all combatants.

The Court apparently does not agree that 9/11 reshaped the judicial landscape, nor did it suspend our own laws or international laws to which the all-inclusive “we” are bound.  At no time did they confirm any branch of the government could be held immune to the implications of law, and most assuredly not those we enforce on others (individuals, governments, states, etc.).  What’s good for the goose…

Because the SCOTUS declared that congressional authorization for military action did not automatically extend the powers of the presidency beyond the scope of the law, there are tremendous implications for things like the domestic spying scandal.  Specifically, the Court rejected claims that the broadly stated authorization from Congress dealt the president an open hand to violate the law as he deemed necessary.  In fact, the decision makes quite clear that the rule of law is absolute, and that includes the president.  The point, says the Court, is that no previous move by Congress has authorized the president to act outside the law under any circumstances.

Repeatedly emphasized in the ruling is the shared powers within our government.  Many times the president is clearly told he must work with Congress and the courts.  One easily sees the Supreme Court rather stridently signaling Congress does indeed have a significant role to play in regulating and enforcing limits on presidential conduct.  This appears to be a clear and constitutional unwillingness to allow the Chief Executive to act freely and without constraint or oversight in matters of war and national security.  In fact, Justice Breyer even went so far as to say, “The Court’s conclusion ultimately rests upon a single ground: Congress has not issued the Executive a ‘blank check.'”

This is a key test of constitutional checks and balances.  If Bush ignores the ruling and continues with his own agenda, he is crippling the judiciary and forever negating its role in America.  He has already accomplished this with Congress by way of his signing addendums to their laws; each has said he is not bound by rules set in the Constitution or by Congress, and he unarguably states his position is only obligated to enforce them on others.  Unless his intention really is to pave the way for true despotism and subsequently kill all freedom and democracy in our country, a goal for which he’s on the right track, we must at least hope he will adhere to this ruling and its many implications.  I’m disappointed to admit I am not entirely convinced King George will make the right decision in this matter.

Because I do not want a monarchy, I celebrate this decision by the Court.  These are real limits being placed on the president, notable especially in that it relates to national security where the Executive Branch has wrongfully claimed absolute authority and the need to answer to no one.  It should also be hailed for establishing the need for humane treatment of those who would fight against us, a premise to which we long subscribed until Dubya began ignoring our domestic and international obligations in this matter.  I am most encouraged to see re-establishment of three co-equal branches of government.  The Court saw fit to hit the administration hard in this respect by stating clearly that it must ask Congress for authority to act in ways contrary to current law.

It will be very interesting to see how this plays out.  The findings have far-reaching implications for many of Bush’s extralegal and extrajudicial activities.  The SCOTUS appears to be reigning in his despotic charge while also loudly telling Congress it must oversee such activities and be involved insomuch as the president has no ability to assume powers not specifically granted by congressional action.

Perhaps, poppets, we are seeing the turning point for our country, a judicial command to the president to get his house in order and to get back in line with the rule of law.  Bush can ignore this, you know, as he has done with a great many laws passed by Congress, but it would be increasingly difficult to do so now that the other branch of our constitutional architecture has made clear it will hold him responsible for his actions.  Let’s see where this goes.

Random Thought

Already the spirit of our schooling is permeated with the feeling that every subject, every topic, every fact, every professed truth must be submitted to a certain publicity and impartiality. All proffered samples of learning must go to the same assay-room and be subjected to common tests. It is the essence of all dogmatic faiths to hold that any such “show-down” is sacrilegious and perverse. The characteristic of religion, from their point of view, is that it is intellectually secret, not public; peculiarly revealed, not generally known; authoritatively declared, not communicated and tested in ordinary ways… It is pertinent to point out that, as long as religion is conceived as it is now by the great majority of professed religionists, there is something self-contradictory in speaking of education in religion in the same sense in which we speak of education in topics where the method of free inquiry has made its way. The “religious” would be the last to be willing that either the history or the content of religion should be taught in this spirit; while those to whom the scientific standpoint is not merely a technical device, but is the embodiment of the integrity of mind, must protest against its being taught in any other spirit.

— John Dewey

Open thread

At least 361 new animal and plant species have been discovered in Borneo during the last ten years.  The most recent discovery is a chameleon snake.  The venomous creature is one of only a few snakes with the ability to modify its own skin pigmentation, an ability scientists do not yet understand.

Grand Rounds 2:40 is now available.

Twice I’ve mentioned the ongoing issue with a cross on public land in San Diego (see here and here).  When last I checked in on this, the San Diego government was trying to circumvent continued orders from the court to remove the cross as it was unconstitutional.  Their last move was to request the federal government to use eminent domain to take over the land so the cross could be federally protected.  Bush went ahead and violated the First Amendment and the court’s many rulings on the matter by declaring the cross a National Veterans Memorial.  Pathetic.  Disgusting.  Discriminatory and unconstitutional.  Not surprising.

Greenland’s ice sheet is shrinking twice as fast as previously thought and predicted.  “The massive glaciers are deteriorating twice as fast as they were five years ago.  If the ice thaws entirely, sea level would rise 21 feet.”  Oh, and the Antarctic ice is also melting much faster than anticipated.  I think our living arrangements are going to be changing sooner rather than later.

Look!  A video of kittens taking their first tentative steps.  They’re so cute!

Remember this video of a giant centipede attacking, killing, and eating a mouse?  Here’s one that’s even better.  Take a look at this video of a different kind of giant centipede as it hunts bats.  It captures one in mid-flight, kills it, then eats it.  That’s one big bug with some skillz!

You have to read this from Dr. Charles.  It’s his imaginative description of what it would be like to practice literary medicine.  Very funny.

It’s the strangest things in space courtesy of Space.com.

The trailer for Spider-Man 3 is now available.  It looks very cool.  That’s another one I have to see…