Posted by: Hugh Hewitt at 3:31 PM

First, I have approximately 200 tickets to give away to the "Red Cape Screening" of Superman Returns, which will be held on June 27, 2006 at the Edwards' Theaters at Irvine Spectrum, where the 5 and 405 meet in orange County. Winners will be admitted only if they are wearing red cape when they arrive to pick up their tickets.

How to win? Simply submit a photoshopped likeness of producer Duane's head on the body of Superman in some suitably heroic setting. Photoshopping new heads on villains earns extra points. Which heads, you ask?


Oh, Peeps and Lileks would be good nominees, but I wouldn't want to limit creativity.


Duane's head and some other useful likenesses appear at Radioblogger.com.


Send you entries to intern@hughhewitt.com, hugh@hughhewitt.com and generalissimo@hughhewitt.com.


The second contest will give a way a new TiVo and a year's subscription to the service each day this week. You can enter via an e-mail that provides a themed bumper music playlist --happy songs, depressed songs, songs to cheer up Democrats, DailyKos songs, Iraq War songs...whatever. Each playlist entry must be 10 songs long (no more or less) and include group and song title. If you intend the bump to start at some particular place in the tune, declare as much.

TiVo giveaway entries shoudl be sent to hugh@hughhewitt.com, intern@hughhewitt.com, and generalissimo@hughhewitt.com. You can enter as often as you like, and the entries are good for all five giveaways.

Better hurry if you want to be in on today's winner.

 

 
Posted by: Hugh Hewitt at 2:56 PM

For those, like me, trying to figure out the best position on "net neutrality," try watching this debate betwwen Mike McCurry and Amazon.com's Paul Misener.


McCurry will be my guest in the second hour today, and Duane is hunting for Misener to slot him later in the day or the week.

The pro-"net neutrality" forces gather at SaveTheInternet.com.


The free marketeers are found at HandsOfftheInternet.

 

 
Posted by: Hugh Hewitt at 2:39 PM


 
Posted by: Hugh Hewitt at 9:18 AM

From Justice Kennedy's concurrence:


[W]etlands possess the requisite nexus, and thus come within the statutory phrase "navigable waters," if the wetlands, either alone or in combination with similarly situated lands in the region, significantly affect the chemical, physical, and biological integrity of other covered waters more readily understood as "navigable." When, in contrast, wetlands' effects on water quality are speculative or insubstantial, they fall outside the zone fairly encompassed by the statutory term "navigable waters."


And this guidance for the US Army Corps of Engineers:


When the Corps seeks to regulate wetlands adjacent to navigable-in-fact waters, it may rely on adjacency to establish its jurisdiction. Absent more specific regulations, however, the Corps must establish a significant nexus on a case-by-case basis when it seeks to regulate wetlands based on adjacency to nonnavigable tributaries. Given the potential overbreadth of the Corps' regulations, this showing is necessary to avoid unreasonable applications of the statute. Where an adequate nexus is established for a particular wetland, it may be permissible, as a matter of administrative convenience or necessity, to presume covered status for other comparable wetlands in the region. That issue, however, is neither raised by these facts nor addressed by any agency regulation that accommodates the nexus requirement outlined here.

This interpretation of the Act does not raise federalism or Commerce Clause concerns sufficient to support a presumption against its adoption. To be sure, the significant nexus requirement may not align perfectly with the traditional extent of federal authority. Yet in most cases regulation of wetlands that are adjacent to tributaries and possess a significant nexus with navigable waters will raise no serious constitutional or federalism difficulty. Cf. Pierce County v. Guillen, 537 U. S. 129, 147 (2003) (upholding federal legislation "aimed at improving safety in the channels of commerce"); Oklahoma ex rel. Phillips v. Guy F. Atkinson Co., 313 U. S. 508, 524-525 (1941) ("[J]ust as control over the non-navigable parts of a river may be essential or desirable in the interests of the navigable portions, so may the key to flood control on a navigable stream be found in whole or in part in flood control on its tributaries ... . [T]he exercise of the granted power of Congress to regulate interstate commerce may be aided by appropriate and needful control of activities and agencies which, though intrastate, affect that commerce"). As explained earlier, moreover, and as exemplified by SWANCC, the significant-nexus test itself prevents problematic applications of the statute. See supra, at 19-20; 531 U. S., at 174. The possibility of legitimate Commerce Clause and federalism concerns in some circumstances does not require the adoption of an interpretation that departs in all cases from the Act's text and structure. See Gonzales v. Raich, 545 U. S. 1, __ (2005) (slip op., at 14) ("[W]hen a general regulatory statute bears a substantial relation to commerce, the de minimis character of individual instances arising under that statute is of no consequence" (internal quotation marks omitted)).


The Kennedy concurrence bluntly instructs the Corps to end its era of overreach. The Department of Defense should move quickly to assure landowners that it will do so.


The Chief Justice added a note of urgency in his separate concurrence, noting the agency's indifference to previous reprimands from the Court, and also lecturing his colleagues on the Court's failure to actually help landowners via the promulgation of clear guidance:

Rather than refining its view of its authority in light of our decision in SWANCC, and providing guidance meriting deference under our generous standards, the Corps chose to adhere to its essentially boundless view of the scope of its power. The upshot today is another defeat for the agency.

It is unfortunate that no opinion commands a majority of the Court on precisely how to read Congress' limits on the reach of the Clean Water Act. Lower courts and regulated entities will now have to feel their way on a case-by-case basis. This situation is certainly not unprecedented. See Grutter v. Bollinger, 539 U. S. 306, 325 (2003) (discussing Marks v. United States, 430 U. S. 188 (1977)). What is unusual in this instance, perhaps, is how readily the situation could have been avoided.*


It would be a good idea for the White House to demand draft regulations from DoD within two weeks on the subject of "substantial nexus" and "navigable waters."


 

 
Posted by: Hugh Hewitt at 7:09 AM

Apparently not content to let the public see 149 House democrats vote against victory, Senate Democrats intend to force a vote on retreat and defeat this week.


Good for them. Honesty as to the Democratic Party's intent should it win a majority in either House is exactly what the electorate needs for November.

 

 
Posted by: Hugh Hewitt at 6:27 AM

J. Peter Pham writes in the Wall Street Journal this morning about the danger posed by the takeover of Mogadishu, Somalia, by hard-line Islamists called the Union of Islamic Courts. (Subscription required). Key excerpts:


[T]he truth is that the Union is made up of at least four major jihadi groups: al-Ittihad al-Islami ("Islamic Union"), a group which used to appear on the State Department's list of foreign terrorist organizations (the folks at Foggy Bottom apparently bought at face value the group's previously self-proclaimed dissolution); al-Takfir wal-Hijra ("Excommunication and Exodus"), a group so extreme that it considered Osama bin Laden too moderate and tried to kill him in Sudan in 1996; al-Islah ("Reconciliation"), an Islamist group pushing for the establishment of a Islamic state in Somalia; and al-Tabligh ("Making Known"), an Islamist "missionary" group with links to the same madrassas in Pakistan which gave us the Taliban.

The forces of the Union, like those of the Taliban, are reinforced with foreign jihadis including, according to my sources in Somalia, Arabs, Afghans, Pakistanis, Kashmiris, Palestinians and Syrians. And, again like the Taliban, the Union is generously supplied by nominal U.S. allies on the Arabian peninsula -- in this case Saudi Arabia and Yemen, via daily flights from Dubai, United Arab Emirates.

The Taliban proved the lethality of allowing a militantly Islamist group to seize control of any country. But in contrast to isolated Afghanistan, Somalia sits astride shipping lanes vital to the global economy for the flow of oil and cargo.


The day after Mogadishu fell to the Union, I interviewed Deputy National Security Advisor J.D. Crouch on the situation there:


HH: Yesterday, the news came that Islamists in Somalia are declaring that Mogadishu is now under their operational control, and of course, the threat arises that that could become the new Kandahar, the new Kabul. What are we doing about that?

JDC: Well, obviously, we've got to...and this is a problem of safe havens, obviously that the President and Secretary Rumsfeld and others have talked about. We have defense relationships in the region that we will be exploiting. We obviously have contacts along the border. We do not have diplomatic relations with Somalia. We're not a...this is not a country that we could have direct relationship with. So we're having to exert pressure and exert influence from basically around and outside the country.

HH: But it is indeed a serious threat, isn't it, that you have Islamists in charge of a major port city with some industrial base?

JDC: Absolutely. It's something we're going to have to deal with, and as I said, we've got an approach to that, and we're working not only with the countries in the region, but we also have, as you know, we also have military forces in the region from a Naval perspective that are in and around that area.


What Pham argues is that "exerting pressure" or "exerting influence" will not work with the new Taliban any more than it did with the Taliban of Afghanistan. The time to act via a proxy is now, or the day will rapidly arrive that requires the return of U.S. troops to Mogadishu.


Pham writes about the next steps to watch for by the Somali Islamists:


[T]he Union will turn its attention to destabilizing Somaliland, whose democratically elected, secular government has already been declared anathema by the Union's chief ideologist, Sheikh Hassan Dahir Aweys, the al Qaeda-linked head of al-Ittihad. (This month alone, the Somaliland government has intercepted two major arms shipments destined for Union-aligned jihadis from well-wishers in Arabia.) Then the Union will turn on Ethiopia and Kenya, both countries with large ethnic Somali populations with significant pockets of jihadi infiltration. If all this sounds a bit far-fetched, recall that the Taliban's Mullah Omar thought of himself as the emir of a nascent Central Asian caliphate.


Somali ex-pats living in the U.S. deny that the Union is Taliban 2.0, but concern is growing that with Mogadishu in hand, the Union will push to extend control north and south, and the London papers are following the developments closely. David Blair's Africa blog carries occasional reports on the Union, and the Times of London carried this lengthy profile of the Union's leader, Sheikh Sharif Ahmed.


When the Taliban swept to power in Afghanistan, few people in the U.S. noticed or cared, and even when the statues of the giant Buddhas were destroyed in early 2001 the reaction was not "do Mullah Omar's radical views pose a threat?" but rather a sense of dismay and regret but also a refusal to contemplate any meaningful intervention.


Now a replay appears to be underway.

 

 
Posted by: Hugh Hewitt at 11:06 AM

My World Magazine column is on the U.S. Senate race in Montana, where the DailyKosKids have powered lefty John Tester into the race against incumbent Conrad Burns.


So dig a little deeper to help Burns repel the invasion of the Deaniacs (which will go over in Montana about as well as it did in Iowa, '04.)


You can contribute to the Burns campaign here.

 

 
Posted by: Hugh Hewitt at 10:52 AM

Perhaps the Powerline soccer gurus will help.


I and most American males can scan the convoluted Week 15 NFL playoff scenarios and understand immediately the odds of the various teams making it into the playoffs. We can do so no matter how bizarre the tie-breaking rules or unusual the match-ups on week 16. This is the result of accumulated knowledge of both that particular season's ebbs and flows, but also the wisdom of the decades applied. (Vikings choke, don't bet against Parcells etc.)


So I am scanning this morning's World Cup scenarios and find I have no way to figure out the real odds of the U.S. advancing Thursday to the next round, nor can I find a tote board where cold cash is sorting out the variables.


So what is it, soccer fans? A 10% shot for the Americans to get to Round 2? Or is it U.S. v. Soviet Union in hockey, 1980.

 

 
Posted by: Hugh Hewitt at 10:48 AM


 
Posted by: Hugh Hewitt at 7:54 AM