Things you will never see in the New York Times, and why we will likely be opposing counsel to the ACLU somewhere along the way...

This news is actually a bit old, but we forgot to post it back in May. We cannot find this story anywhere in the New York Times archives, while a simple search for "ted & haggard & sex" brings in pages upon pages of hits. Fair and balanced, anyone?

McLEAN, Va. (AP) - Court records show a former president of the Virginia
chapter of the American Civil Liberties Union is expected to plead guilty to
charges stemming from child pornography possession case.

A judge in Alexandria today scheduled a plea agreement hearing for 51-year-old Charles Rust-Tierney of Arlington. It was not clear what charges would be included
in the plea agreement.

A grand jury indicted Rust-Tierney earlier this month on one count each of receipt and possession of child pornography. According to federal sentencing guidelines, a conviction at trial on both counts could have resulted in a prison sentence of 11 to 14 years.

Rust-Tierney -- who also coached Little League baseball in Arlington -- has
been in jail since his arrest.

At pretrial hearings, two judges refused to grant bail, describing the pornography in question as some of the most sickening they had ever encountered.

Monday's with MacDoug(all)

This weekend's Denver 07' activities included a drive-in theatre outing on Saturday night. Now, lest you scoff at the idea of a drive-in theatre, let me tell you, this was not your average park 'n watch.

$9 for a triple feature that began at 9pm and lasted until 3:30am. Fantastic Four, Shrek the Third, and Ocean's 13. Rich's F-350 with my Z-71, backed in side by side with the truck beds full of futons, blankets, pillows, and lots of popcorn. I'm not sure, but this movie marathon will probably rank high on the "physically draining activities in Denver list," right below climbing a Fourteener.

Besides the Surrogate from Arrested Development making an appearance in Ocean's 13, the other most notable "actor I recognize from a different movie/tv show" was in fact our own Rob MacDougall.

Ok, so Rob isn't on another movie or tv show.

But Rob's latest image (which is really a modern cover of an old MacDougall classic) was eerily present in Shrek III, and the look is certainly one worth emulating. He is, dare I say, a thing of beauty. If Rob were an acting man, I'd say he certainly could be cast in Pirates of the Caribbean III (which was playing on Screen 2 behind us at the drive-in). But no, Rob is in fact a cute little animated creature who managed to score the role of Puss in Boots in Shrek the Third. Now, about that sexy Spanish accent:

Commonly misued phrases

There are two phrases that we constantly hear misquoted and misused.

"Separation of Church and State"
"Begs the question"

Today, as we read through a 6th Circuit Court of Appeals opinion, we witnessed a judge get not one, but both of these phrases correct in one brilliant stroke of the pen.

Separation of Church and State:

"[T]he ACLU makes repeated reference to “the separation of church and state.” This extra-constitutional construct has grown tiresome. The First Amendment does not demand a wall of separation between church and state. [citations] Our Nation's history is replete with governmental acknowledgment and in some cases, accommodation of religion. [citations] After all, “[w]e are a religious people whose
institutions presuppose a Supreme Being.” Zorach, 343 U.S. at 313, 72 S.Ct. 679. Thus, state recognition of religion that falls short of endorsement is constitutionally
permissible.

Beg the Question:

Second, the ACLU focuses on the religiousness of the Ten Commandments. No reasonable person would dispute their sectarian nature, but they also have a secular nature that the ACLU does not address. That they are religious merely begs the question whether this display is religious; it does not answer it. “[T]he Establishment Clause inquiry cannot be distilled into a fixed, per se rule.” [citations] Although treating the subject matter categorically would make our review eminently simpler, we are called upon to examine Mercer County's actions in light of context. “Simply having religious content or promoting a message consistent with a religious
doctrine does not run afoul of the Establishment Clause.” Van Orden, 125 S.Ct. at 2863 (plurality opinion). Moreover, “[f]ocus exclusively on the religious component of any activity would inevitably lead to its invalidation under the Establishment Clause.” Lynch, 465 U.S. at 680, 104 S.Ct. 1355. The Constitution requires an analysis beyond the four-corners of the Ten Commandments. In short, “proving” that the Ten Commandments themselves are religious does not prove an Establishment Clause violation.

Stephen and Rich, our aspiring linguist friends, would be pleased.

The most quoted passage at Blackstone: Phase I

"At the heart of Liberty is the right to define one’s own concept of existence, of meaning, the universe, and of the mystery of human life."

Planned Parenthood v. Casey, 112 S.Ct. 2791, 2807 (1992)

Cross Country Playlist

Our hunch is that most of you are curious what a solo traveler does to pass time in his gas guzzling truck while driving cross country from Chapin, SC to Denver, CO.

Nap, mostly.

But when napping wasn't appropriate, music was obviously the preferred method of killing time. Here's the playlist:

South Carolina
Amos Lee - Supply and Demand

North Carolina
Jason Harrod - Living in Skin

Tennessee
Kenny Chesney - When the Sun Goes Down
Dixie Chicks - Fly
Brad Paisley - Time Well Wasted

Kentucky
Rush Limbaugh - The Rush Limbaugh Show
The Kooks - Inside In/Inside Out
The Killers - Sam's Town

Illinois
Wilco - Sky Blue Sky
Lupe Fiasco - Lupe Fiasco's Food and Liquor

Missouri
The Allman Brothers Band - Eat a Peach
Taj Mahal - The Best of Taj Mahal
Ozark Mountain Daredevils - The Best of the Ozark Mountain Daredevils

Kansas
Jennifer Knapp - Kansas
Rush Limbaugh - The Rush Limbaugh Show
D.A. Carson - Lectures on the New Perspective (Reformed Theological Seminary)
Douglas Kelley - Systematic Theology 1 (RTS)

Colorado
Travis - The Boy With No Name
John Denver - An Evening With John Denver