News-Record.com

There's a mess o' snow out and the challenge is getting from High Point to Greensboro for work.

This is the first significant snowfall since I started with the N&R in April 2004. Before that -- for example when we were hit with a 10-inch-plus snow during winter '04 -- I was able to walk to work in High Point.

TV says roads are in bad shape, not surprisingly. I've got a small, front-wheel-drive car without snow tires, so my first preference is to take the bus.

Is PART operating today? No word on its Web site -- no breaking news under its "Breaking News" heading. So let's give a call ...

At 6:02 a.m, the customer service number yields a recording with the info that no one is available to take the call ...

At 6:05, someone answers the phone at Hi tran, the High Point bus service. He tells me they're not running yet and will decide after it gets light out whether to go at all today. I ask if he knows about PART and he tells me he heard they may be on a two-hour delay but he's not sure about that.

I'm going to throw on some boots and see if my paper carriers got through ...

6:20 ... Neither N&R nor HPE carrier has gotten through yet. Normally, both deliver before 5:15.

It's very quiet out. I didn't hear any traffic up on Chestnut Drive, the busier road just up the hill.

"Up the hill" is the problem. That's the direction I need to go to drive out of here. If I can get to Chestnut, I might be on my way. If I try to drive ...

6:58 ... The Fox8 site lists "no morning services" for Hi tran, meaning I'd have to walk about a mile-and-a-half to the downtown depot to catch the PART bus. But is PART running? No listing on Fox8.

7:03 ... Someone answers the phone at the PART hub and tells me they're on a two-hour delay, which should mean departure from High Point at 8. Sounds like a good option to me.

So that's the plan: a snowy hike, catch the 8 a.m. PART bus, arrive downtown Greensboro at 9.

I'll update.

10 a.m. ... I arrived a bit before 9:30, but no thanks to PART. To recap:

I left home at 7:20 to hike to High Point's bus depot, where I expected to catch a PART bus at 8. The first car that passed me on Chestnut stopped. Driving was accountant Dan Odom, who offered a ride. Great. Thanks, Dan.

A couple of city employees were shoveling snow at the depot and looking enviously at the North State Communications lot where two plows were clearing a parking lot.

The guys with the shovels said they were prepping for tomorrow. They didn't think Hi tran would run at all today. They didn't know anything about PART.

Eight o'clock clock came and went ... no PART bus. I called and was told they'd decided on a further two-hour delay. The earliest I might see a bus would be 10. "It's bad out there," the man commented.

Yeah, well, it was cold out there, too. The bus terminal waiting room wasn't open. So I decided to walk home and take my chances driving.

The hike was kind of enjoyable. What a pretty snow, covering all the branches with gleaming white velvet. A few cars were creeping along downtown streets, which had been cleared -- although the plows often exposed underlying ice. Along Ferndale Boulevard, a few kids were beginning to venture out to start what promises to be a fun day or three for them.

My drive took only about 40 minutes, not much more than usual. Going slowly, I encountered no problems along Kivett or Business I-85.

The worst moment occurred on 85 in Greensboro when an 18-wheeler barreled by at maybe 65, throwing a sheet of slush over my windshield, blinding me as it froze to the cold surface. Fortunately, I was able to keep it steady until the defrost and wipers could clear my view.

There were a couple of vehicles spun out along the way, but light traffic and mostly cautious drivers held the toll to a minimum.

I guess returning home this evening might be tricky, and tomorrow morning might be really bad, as cold as it's supposed to get.

Let's all stay safe.

I believe President Obama would rather not break his no-earmarks promise.

But neither does he want to play hardball with Nancy Pelosi and Harry Reid.

Political expediency wins -- as usual in Washington.

"Duke Energy says Carolinas electricity rates would rise by at least 13 percent under President Obama's plan to address climate change by auctioning off carbon credits," The Charlotte Observer reports today.

It's called a carbon tax, and it's going to fall heavily on the middle class.

New Court of Appeals Judge Bob Hunter of Greensboro is a fast worker.

He authored the opinion in State v. Streater, released today. It was only heard on Jan. 28.

Carnell Tyrone Streater was convicted last year in Davidson County Superior Court of first-degree statutory sexual offense and first-degree statutory rape.

The court ordered a new trial on the first charge, upheld the second.

These kinds of cases are often lurid, but Hunter writes with as much dispassion as possible. I imagine he didn't want to spend more time with it than necessary.

My column today:

I spent a few days in Washington and saw President Obama everywhere.

My first encounter took me by surprise. I was jogging along the Tidal Basin at dawn and spotted him at the Franklin Roosevelt Memorial. He seemed to be meditating in front of a statue of FDR and his beloved Scottish terrier.

“Mr. President,” I asked, “is that you?”

“This is one of my favorite places in Washington,” he said, barely glancing up.

“I suppose it inspires you to think of the enormous challenges that Roosevelt was able to overcome,” I suggested.

“It does,” he answered. “But it also makes me wonder if I want to be cast into bronze someday with a Portuguese water dog.”

Later, I visited the Lincoln Memorial. There was Obama, leading a group of schoolchildren in reciting the Gettysburg Address.

And at the Smithsonian’s Museum of American History, he was narrating an exhibit about the 2008 presidential election.

After lunch downtown, I noticed a long line on the sidewalk leading into a bank. I went in to see what was happening. To my amazement, everyone was waiting to see President Obama, who was sitting at the loan desk.

An aide explained: “He’s come to get the money moving. The bank was too slow. Would you like to sign up for a few million?”

Back on the street, I saw a parade forming. The same aide had followed me out.

“The president was disappointed that so many people missed his inaugural parade,” she told me. “So he leads another one every afternoon.”

While waving to the crowd and walking two miles in only 30 minutes, Obama managed phone conversations with three foreign leaders, six senators, four representatives, two governors, five Cabinet secretaries, commanders of U.S. forces in Iraq and Afghanistan and his wife.

“I think we should consider a Scotty,” he told the first lady.

That night, I attended a Washington Wizards game. By then I wasn’t shocked to see the president come off the bench in the fourth quarter and cut a big deficit in half. He might have done better but some of his teammates didn’t want to play ball.

The next day, I saw Obama with his daughters at the National Zoo. Stopping by the panda exhibit, he whispered some words of encouragement to Tian Tian, the male, then told zookeepers he’d put something in the next stimulus package just for reluctant pandas.

Meanwhile, Vice President Biden was counting peanuts in the elephant habitat.

“It’s my job to clamp down on waste,” he said. “We haven’t got a peanut to spare.”

A runty Indian elephant spit out a peanut at Biden and trumpeted in defiance, but not very impressively.

The commotion attracted Obama’s attention.

“You ought to call that one Bobby Jindal,” he told a zookeeper. “Hey, Joe, if he doesn’t want his peanuts, take ’em back. Nobody messes with Joe, right?”

I noticed another enclosure nearby filled with cheese. There must have been tons of it stacked up in blocks.

“What’s in there?” I asked.

“Nancy Pelosi’s mouse,” a zookeeper said.

My tour took me next to Capitol Hill, where Obama was scolding a special joint session of Congress about earmark appropriations. Immediately afterward, he presented a copy of his remarks to the National Archives for permanent display, then popped in at the Supreme Court to inquire about Justice Ginsburg’s health.

The next morning was Sunday. I went to services at the National Cathedral, which were led, of course, by the president. He spoke eloquently about the spiritual interdependence of faith and works, then greeted worshippers on their way out.

“I’ll make a believer of you yet,” he said as he shook my hand.

A big winter storm was predicted, so I decided to head for home.

I was just packing the car when a salt-spreader truck pulled up alongside. Who was at the wheel but President Obama.

“This isn’t Chicago,” he said. “Washington is helpless in the snow. I tell you, the only way schools will open tomorrow is if I clear the streets myself. We don’t need kids missing school, including mine.”

“Maybe you should get a Saint Bernard,” I said, “in case you have to rescue stranded motorists.”

“Now you’re thinking big,” he smiled. “And a dog like that would sure look good in bronze.”

Thanks for reading. You can call me at 373-7039, email me at dgclark@news-record.com or post a comment here.

Greensboro City Council's 5-4 vote last night to fire manager Mitchell Johnson grabs today's top headline, of course, but let's not lose sight of the Guilford County commissioners.

Back in December, the coalition led by Skip Alston and Steve Arnold forced the resignations of David McNeill, Ben Brown and Sharron Kurtz, the county manager, deputy manager and attorney. Now they can't seem to keep an interim attorney. Interim manager Brenda Jones-Fox, undoubtedly prodded by Alston-Arnold, initiated layoffs and job reductions last week -- a move that some commissioners weren't told about ahead of time.

One of the laid-off employees was Rob Bencini, the economic development coordinator. While cutbacks are necessary given the economy, eliminating some jobs implies changes in county policy. What's the county's new strategy for economic development now that there's no longer an economic development coordinator?

Commissioner Billy Yow suggests letting the Greensboro Economic Development Alliance do it. OK. Has that been discussed at a public meeting? Unfortunately, no. The Alston-Arnold tandem, who apparently make decisions on behalf of six commissioners, don't seem inclined to hold public discussions about these matters, or even to consult with the five commissioners in the minority. Are major decisions being made for reasons that make sense? Who can tell?

The budget process will require public hearings as it proceeds. People who are concerned about taxes but also maintaining a proper level of county services and adequately funding schools should watch closely and take the opportunity to express their opinions.

There's a lot more going on right now than Greensboro politics.

Elizabeth Dole's campaign manager explains "Our Hail Mary Pass" in the new issue of Politics Magazine -- the "Godless" TV ad attacking Kay Hagan.

Marty Ryall concedes the Dole campaign was heading for defeat and needed something dramatic to catch up.

"The risk was huge and not worth taking until it was evident we could not win without it, and that was not clear until about 10 days out. Had the ad run about 20 days out, it may have made it closer, but the data we had at that time did not warrant taking such a large gamble. However, in the end the ad had very little impact if any, in the defeat of Elizabeth Dole."

I agree. He's also right that the ad's biggest fault was its closing line in a woman's voice: "There is no God."

Hagan called it an attempt to put words in her mouth. Ryall denies the voice was meant to make viewers believe it was Hagan speaking but admits it allowed that interpretation.

One more thing that's striking in Ryall's article: Dole's virtual absence from the decision-making process. Everything was left to her handlers.

Ryall doesn't accept blame on the campaign's behalf, pointing instead to Dole"s "weaknesses" as a candidate: "A report by Congress.org had ranked Dole 93rd out of 100 senators in effectiveness. She voted with President Bush more than 90 percent of the time. And during the two-year period when she was chairman of the NRSC, she only traveled to North Carolina a handful of times."

The Godless ad was created from a position of weakness -- and it showed.

We were hard on Bev Perdue yesterday in our editorial knocking the governor's raid on lottery funds.

I actually think she's trying everything she can to balance the budget.

Still, we won't cut her any slack when it comes to the lottery.

We adamantly opposed creation of this lottery. I personally hate it. Government shouldn't promote gambling, and this lottery was passed through shady means.

But, the lottery is now a fact (although there's still a chance the state Supreme Court could overturn it in a case where a decision is pending). Since we do have the lottery, we're going to hold state leaders accountable for running it the way they said they would.

That means putting the profits to use as promised and as the lottery law stipulates: for public education.

NOT for other spending ... not even during a budget crisis.

The governor acted with constitutional authority to balance the budget, but not with moral authority.

Perdue personally has a special obligation, in my opinion, to see that lottery proceeds are used as promised because, as lieutenant governor, she cast the tie-breaking vote in the state Senate to pass the lottery bill.

It's no small irony now that she's in effect casting the only vote to violate the intent of the lottery law.

I've been impressed by Perdue's overall performance as governor so far. She's exceeding expectations.

But not on this.

I guess it goes to show. When it comes to the lottery, there's no such thing as integrity.

You can forget about Democrats trying to shut down conservative talk radio. All of a sudden, they love Rush Limbaugh ...

... Just the way Republicans back in the '70s and '80s loved Tip O'Neill, a symbol of liberal excess. (Well, now it would be called stimulus.)

I remember one GOP congressman calling the speaker from Massachusetts "big, fat and out of control."

Think those words might apply to Rushbo?

Here's an email I received today from the Democratic Senatorial Campaign Committee:

I wrote about the Appalachian Institution last year, and I'm happy to report it's kicking off its second year.

Its purpose:

"The Appalachian Institution, Inc. was founded to encourage study, understanding and appreciation of the history, accomplishments, and values of western civilization and to address the challenges and opportunities it faces in the 21st century."

It holds its summer programs at Lake Logan Episcopal Center up in beautiful Haywood County.

Founder Ward Purrington stopped by for a visit a while back. He hopes to turn the Appalachian Institute into a permanent center for the advancement of Western values and culture in the mountains of North Carolina. I hope he succeeds.

The California Supreme Court has 90 days to decide whether to squash last year's Prop 8 or let it stand.

I think a decision to overturn a state constitutional amendment approved by the voters would be hard to justify, unless the measure contradicts the U.S. Constitution or violates what the Declaration of Independence called the God-given "unalienable rights" of the people.

I don't see same-sex marriage in either category.

A constitution is a document established by the people, for the people. The people have a right to amend it, following prescribed procedures.

If Prop 8 didn't adhere to those procedures, petitions should not have been certified and the measure should not have been placed on the ballot.

For the court to rule later that the measure is invalid would be asserting authority over the constitution, as I see it.

The court last year ruled in favor of same-sex marriage only by a 4-3 vote. Surely at least one justice in that narrow majority will yield to the view that the people still have authority to amend their constitution through the initiative and referendum process, by which they have done so many times before.

By the way, the issue has crept up again in North Carolina. In my column next week, I will call BS on the Defense of Marriage Act introduced in the state House of Representatives.

John Blust introduces a state House bill to change how North Carolina would fill vacancies in its U.S. Senate seats.

Here's how it works now:

Suppose one of our senators resigns today. The governor appoints a replacement to serve until an election is held to fill the vacancy. That election will occur at the time of the next election for members of the General Assembly -- November 2010. The person elected completes the senator's term.

Under Blust's bill, the governor would name a temporary replacement, but a special election would be held within 90 days of the vacancy. There would be no primary election. Rather, each political party would nominate a candidate. The winner of the election would complete the senator's term.

This is meant, of course, to avoid the Illinois scenario. Sure enough, we don't want our governor ever putting Senate seats up for bid. But Blago got caught by the feds, kicked out of office by the state legislature and wasn't even paid by the man he appointed.

What I don't like about Blust's proposal is the possibility that a special statewide election could be held in February, or July, or December, or any time during the year. Voter turnout could be small. The candidates could be a couple of hacks who couldn't punch their way out of a paper bag, let alone a primary, but were simply put on the ballot by party insiders.

It would be better to wait to have a real election on a real election day. At most you'd have to live with the governor's appointee for two years. I'd trust any North Carolina governor to do better than Rod Blagojevitch.

This is sickening: "Youth pastor faces sexual assault charges."

I feel very sorry for this young victim, her family and everyone at Hayworth Christian School and Hayworth Wesleyan Church in High Point.

A youth pastor holds a position of great responsibility, and I can't think of a more serious violation of trust than these allegations suggest.

Mr. Caldwell is due his day in court, but if convicted of these charges he will deserve the severe punishment that would be coming his way.

I have to add, my kids benefited tremendously through the relationships they had with youth leaders in our church. It's a crying shame when someone takes advantage of that kind of relationship for immoral and exploitative purposes.

I do like a bill John Blust supports that would create a new system for seating North Carolina appellate judges.

The bill, introduced by Rep. Johnathan Rhyne, R-Lincoln, calls for a process of appointment and retention election.

A nonpartisan Judicial Nomination Commission would recommend three to five candidates for each N.C. Supreme Court and Court of Appeals seat, and the governor would appoint from that list.

Within a couple of years, the judge would stand for a retention election, giving voters the chance to keep him or her for a full, eight-year term or say, "Thanks for serving, goodbye."

This promises to get the politics out, make sure qualified candidates are seated and still give voters a say.

It's an idea worth pushing.

"School crime up, suspensions down," the headline says.

What's the connection there?

Guitar genius Richard Thompson never fails to impress. His acoustic, one-man performance at Charlotte's McLohon Theater last night was spellbinding.

This review from an apparently nearly identical show last year is dead-on.

And here's a current review from Austin, where he performed earlier in the week.

I'm surprised by this: "Reaching all the way back to his days in pioneering folk-rock group Fairport Convention, Thompson covered Sandy Denny’s haunting 'Who Knows Where the Time Goes.' ”

Wish he'd done that last night; it's one of my all-time favorites. But, of course it couldn't be the same without the late Sandy Denny's alluring vocals.

No complaints, though. Only one regret: We sat in the balcony to his left, an excellent vantage point in the intimate venue -- but right side would have been better, affording a better view of Thompson's amazing instrumental dexterity. Next time.

We're having average weather for March ...

... if you take the high temperature so far -- 80 degrees on March 8 -- and average it with the low -- 14 on March 3.

It comes out to 47.

About average.

Of course you know that old saying: If March comes in like a lion, it will go out like a lamb.

That perfectly described the first week.

I hope BJ's not planning to get into that thing.

The U.S. Supreme Court today backs a N.C. Supreme Court ruling in a voting rights case.

Justice Bob Edmunds of Greensboro wrote the majority opinion for the N.C. Supreme Court in Pender County v. Bartlett.

It hinges on the question of whether the Voting Rights Act requires so-called "majority minority" districts to ensure the election of minority candidates or whether "coalition" or "crossover" districts are sufficient. The latter two terms refer to districts where, say, only 40 percent of the voting-age population is black but enough white voters will cross over or form political coalitions to consistently elect black candidates.

The N.C. Supreme Court, by a 4-2 count in 2007, took the majority-minority position. The U.S. Supreme Court affirmed by a 5-4 majority.

This has political ramifications. If the General Assembly, when it redraws legislative districts after the 2010 census, must make sure half the voting population of intended minority districts actually is minority, that probably will create more odd-looking gerrymanders and have the effect of draining adjoining districts of minority voters, leaving them a little more white and maybe more Republican.

(Hint: The state and federal justices supporting the 50 percent threshold in this case are conservatives and/or Republicans.)

But, never mind the details. To me, the real issue here is how outdated this whole discussion is.

Check out the occupant of the White House. He wasn't elected from a majority-minority district, or even by an electorate that would pass Voting Rights Act scrutiny as a crossover or coalition district.

Except, millions of white voters did cross over racial lines and form a coalition with black voters to elect the nation's first African-American president.

The same thing happened in other races on Guilford County ballots. We're really getting past the time when black candidates can't win unless they run in a largely black district.

Except for candidates who want to run on a racial agenda.

That goes for white and black candidates.

These districts are literally drawing racial boundaries on the map, creating what Sandra Day O'Connor once said resembled political apartheid.

It just becomes more convoluted and confusing when the Supreme Court has to weigh in on exactly what percentage of a district's population has to be minority.

I wish this decision could be met with enough skepticism to force Congress to say: "This just doesn't make sense anymore. Let's do away with these provisions and trust the American people to elect their representatives based on qualifications and ideas, not skin color."

Does Congress really want to say no to that?

The U.S. Supreme Court opinion is Bartlett v. Strickland

Heath Shuler's decision against running for the U.S. Senate seat held by Richard Burr next year is wise for him and likely good for North Carolina Democrats.

Shuler, the second-term Democratic congressman from Waynesville in the 11th District, likely can keep his seat as long as he wants. The former football star is personally popular and holds political views that fit nicely in an area that for a long time elected Republicans.

It would be a risk to give up that seat to challenge the Republican Burr.

Doing so also could split North Carolina Democrats. Shuler is much too conservative for many of them. He was one of a handful of House Dems to oppose the recent stimulus plan, and he's pro-life -- a serious negative among liberals. It's very doubtful Shuler would win the party's nomination without a tough and costly fight, and he might not win it at all. If he did, much of the party's left wing would be unenthusiastic about supporting him in the general election.

Now Shuler can build seniority in the House and give Nancy Pelosi headaches.

Democrats can find someone more liberal to run against Burr.

Except in moderate-conservative districts, a moderate-conservative Dem like Shuler just causes too much confusion.

School bus wrecks, kids injured ...

... driver charged with DWI..

It happened in Mecklenburg County this morning.

The Charlotte Observer reports.

The driver was hauled off to jail. I'm not sure she ought to get out.

Update: Police say alcohol was NOT involved. The driver was allegedly under the influence of prescription medication, according to the latest Observer story.

If Republican Pat McCrory were governor, and spoke to Democratic legislative leaders like this ...

"This is the time to stand up to the sweet seductions of special interests, the temptations of politically popular pork-barrel spending, and end the practice of backroom dealing. Those days are gone."

... I imagine he would have made intractable enemies.

But those brave words were delivered last night by Democratic Gov. Bev Perdue in her State of the State address ... in the N.C. House of Representatives chamber.

The lion's den.

I hope the big cats don't devour her.

That wasn't her only challenge to their past practices.

"Starting today, it is no long business as usual for North Carolina's budget. I want all our citizens to know it is a new day. Everything is on the table. We don't have time for talk-show political posturing or petty partisan games. Not on my watch.

"We are confronted with challenges our state has not seen since the Great Depression. With a $3 billion-plus shortfall, we must be upfront and make hard, painful decisions. Truth in budgeting time is here."

Perdue has until next week to roll out her "truth-in-budgeting" plan. It ought to be one that doesn't authorize hundreds of millions of dollars in borrowing for capital projects not approved by voters or other spending that will cost much more in the long run than is revealed to taxpayers upfront.

There's no need to guess what she means by denouncing backroom dealing and the sweet seductions of special interests. Former Speaker Jim Black -- but not only Jim Back -- was a master of rewarding supporters and contributors with favors. The price for winning funds for pet projects was to play ball with Black. Clearly, that didn't stop with Black's imprisonment for corruption or else Perdue wouldn't have called for an end to it now.

This is the stuff that McCrory campaigned against last year, faulting Perdue because, as lieutenant governor, she seemed not to notice legislative corruption.

But now she says the state can't afford it. Good for her. She may be a lot stronger than her doubters thought. She said she would be, once she got her hands on some real power as governor.

We'll see. The governor will have to be tough as nails to exert her will over legislative leaders.

As a Republican, McCrory would have been severely tested. Maybe Perdue can pull it off, but being a Democrat is no guarantee. She'll need a lot of public support to prevail over legislative leaders who are largely insulated from the will of the people.

Benjamin Douglas Caldwell is teary-eyed in his police mug shot.

I hope that's a look of remorse.

But it could be from staring at a lifetime in prison.

High Point police added more charges to the list previously lodged against Caldwell, who was a youth pastor at Hayworth Wesleyan Church and athletics director at Hayworth Christian Academy.

The ledger is up to seven counts of statutory rape, four counts of statutory sex offense and 25 counts of taking indecent liberties with a minor.

The alleged victim is a 14-year-old girl.

Caldwell, 29 -- and innocent until proven guilty, we must add -- was caught by a parent at the girl's home last week, police said.

I shared some of my feelings about this in a previous post.

The additional charges add up to much more bad news for Caldwell, if he's convicted.

Each count carries a separate sentence, which some judges around here give one after the other. In a case like this, it can add up to decades in prison.

What's the difference between statutory rape and statutory sex offense? There's no difference in terms of how they're classified under state law. Both are a Class B1 felony.

As you can see from this chart, a B1 felony is very serious, falling between first-degree murder and second-degree murder.

The law makes the assumption that a juvenile younger than 16 cannot give consent to any sexual act. Therefore, sexual intercourse with a 14-year-old girl by an adult man is in the same category as first-degree rape.

I agree with that definition. A 14-year-old girl in such a situation is not a sex partner, she is a victim. She is due the same legal protection as any other victim of a forcible sex crime.

This man is in very serious trouble. If he is guilty of these charges, he will deserve -- and receive -- a severe punishment.

Potentially a life sentence? That sounds extreme. But no one should discount the destructive nature of these alleged crimes.

I joined the Rush-bashing last week, just to have fun.

But the Dems are still at it. In today's email from the Democratic Senatorial Campaign Committee, they all but formally announced their 2010 campaign ...

... against a radio personality.

"Rush Limbaugh has no shame. That's clear after his latest outrageous and inappropriate remarks about Sen. Ted Kennedy's health.

"Limbaugh keeps crossing the line because the best way to fire up the extremist base is to undermine and obstruct President Obama's agenda. And because he leads the rank-and-file, Limbaugh has 41 Republican senators willing to filibuster anything he wants.

"Thousands joined our action against Rush last week - thank you for standing with us. But there's one more way to make him irrelevant. Win that 60th seat and Rush can rant all he wants and it won't do any good.

"Sixty seats requires recruiting the best candidates early and organizing the best grassroots networks now. Rush is already plotting for 2010. We can't fall behind.

"Click here to make a contribution of $5 or more to the DSCC. Electing a filibuster-proof majority is the best way to fight back against Rush Limbaugh."

That's pathetic.

Democrats have the White House. They have the House of Representatives. They have the Senate.

But none of it is good enough because Rush Limbaugh is against them.

They've got to knock down Limbaugh's influence by eliminating one more Republican senator.

No doubt Richard Burr is one of those they have in mind.

Richard Burr, the Rush Robot?

Good grief.

What a lame pitch by the DSCC.

It's not even honest. As we've already seen, some Republican senators -- Specter, Collins and Snow, for example -- are willing to support the president when they agree with him.

They're not giving Limbaugh "anything he wants," so that statement by the DSCC is a flat-out lie.

Democrats earned their turn in power, but not absolute power. They'll do a better job for all Americans if they at least consider the Republican point of view sometimes.

They can get some political mileage out of demonizing Limbaugh, but if they become obsessed with him, as it's beginning to look, they'll just trivialize themselves.

All he can do is talk. Are they afraid Limbaugh is getting the better of them?

If so, that's really weak.

My column today:

It’s a serious step to ask North Carolina voters to amend our state constitution.

Too serious to do so on false pretenses. Or with ulterior motives.

I’m referring to a bill filed in the N.C. House of Representatives last week proposing a constitutional amendment restricting marriage to a man and woman.

I support our state law that already defines marriage in this way. I don’t agree with state Supreme Court decisions in Massachusetts, Connecticut and California, all by a 4-3 margin, that found a constitutional right to same-sex marriage. In view of those decisions, however, I understand the push to create a constitutional protection for traditional marriage in North Carolina, following the lead of most other states.

That said, I don’t believe current North Carolina law is in danger of being overruled by our state courts — and I am suspicious of suggestions to the contrary.

Which brings me back to the bill introduced last week. ...

Senators Hagan and Burr introduce a bill that, among other things, would prohibit cigarette ads in newspapers and magazines. Thanks a lot.

President Obama's decision to stop Yucca Mountain development looks like a backdoor way to prevent expansion of nuclear power in the United States. What are we going to do instead, dig more coal or build an extra few million wind turbines?

I like Obama sticking it to the NEA by endorsing merit pay for top teachers ... and the union has to take it from Obama.

Heath Shuler update: The lefties at BlueNC are mighty relieved the moderate-conservative congressman won't run for U.S. Senate next year. Man, they seem to hate this guy for not toeing the Obama line.

From our story today about federal "stimulus" grants for local law-enforcement agencies: "The grants are one-time awards that must be spent within four years." Four years? After all that urgency to pass the bill?

"Get stuffed, DPI." Good for the Guilford County school board.

Are Greensboro City Council members still talking about 1979?

Time to let it go.

Today's problems are pressing enough.

Despite one of the highest unemployment rates in the country, North Carolina is near the bottom in federal stimulus funds per capita, the Charlotte Observer reports.

Not good, especially considering the dire straits our state government is in.

When's Gov. Perdue going to drive her truck down to South Carolina to grab some of their share?

(South Carolina Gov.Mark Sanford says he doesn't want it.)

Gov. Bev Perdue very clearly promised Monday night to provide more per-pupil school spending in her budget. Yet Guilford County Schools still seems to be planning on decreased state funding in the range of 3-7 percent.

Just being prudent? Or distrustful of political promises?

Every taxpayer should be offended by Dell's attitude. The giant computer maker still won't say how many workers it's laying off at its Winston-Salem assembly plant.

Totally arrogant for an outfit deep into the taxpayer till. It demand immense incentives to locate this facility in North Carolina and Forsyth County, and made a deal based on promised employment levels. Now it won't even provide basic information.

Dell was a great story for the Triad. It's still an asset. But some wires have gotten crossed somewhere.

Great job, Greensboro police. The crime numbers for January and February, especially February, show dramatic decreases.

Sort of refutes the myth that crime jumps when the economy slumps.

It also shows that responsive, stepped up police work can make a difference.

Overall crime declined slightly during 2008, but there were disturbing trends. For example:

Most robberies ever.

Most aggravated assaults since 1994.

Most burglaries ever.

Higher-than-average number of homicides.

Improvement was desperately needed. Let's hope the downward trend continues.

Gov. Bev Perdue lays out aggressive measures to strengthen the state's probation/parole system.

The test, of course, will be making it work at the local level. It requires serious funding.

But an effective probation system will save money -- on prison space and the cost of arresting the same criminals over and over.

There's nowhere near enough space to lock up every criminal, and we can't build enough to keep up. Probation is critical, but it has to work.

Our previous governor didn't seem to get it. Perdue does. She is tackling the tough problems head-on.

Addendum: Phil Berger, minority leader in the state Senate, says:

“We are pleased that Governor Perdue incorporated Republican recommendations into her initial proposal to reform our state’s failing probation system. It is my hope that Governor Perdue’s support of legislation I have introduced, allowing warrantless searches of probationers, will ensure passage of the bill. Governor Perdue must remember that additional funding alone will not fix the system; management and oversight of the probation department must be improved.”

Doesn't matter if ideas are Republican or Democrats. If they make sense, go with them.

The News & Observer of Raleigh reports in detail today about the order by a Wake County judge in a child-custody case that the kids go to public schools instead of continuing home-schooling with their mother.

This is a complicated situation. The father thinks the kids should go to public school, and he's concerned about his ex-wife's involvement with a church he views as a cult. It very hard to form an opinion about that without knowing the full story.

What's controversial here, though, and in my view out of line, is the judge's reasoning that the kids will be better off in public schools for the socialization benefits available in that setting.

Whether that might be true or not isn't the point. It's not the judge's place to say.

These kids are doing well academically. There's no evidence they're being abused. The judge's opinions about the social aspects of the educational experience just aren't relevant.

Home-schooling is legal in North Carolina, within certain guidelines. Has this mother violated those guidelines? The judge should stick to that question.

Here's part of what he did say:

"I think that should all continue as far as your activities. I think you've done a good job of exposing them to parts of the world. But another part of this worid is to prepare these kids for the real world, college and work life when they're not going to be at home with you. While they're not old children, the next thing you know they're going to be going off to college and high school and they need to be able to also have the social interactions with people who aren't just of the same status as they are."

St. Patrick gives us more than green beer and parades.

A tribute to a young American who lost her life in service to her country overseas.

Kate Puzey of Cumming, Ga., was murdered in the West African country of Benin.

Atlanta Constitution story here.

Here's a detailed report by a blogger currently traveling in Benin.

Peace Corps Volunteers Memorial Project counts 274 PCVs who have lost their lives during service overseas since 1962.

PCVs often live in remote locations where law-enforcement agencies are ineffective or indifferent. Because they may stand out as Americans, they can be targets for criminals or others with hostile intent. Yet their objective is to blend in and share lifestyles with local populations, providing essential services and serving as ambassadors of friendship for the United States. They're an important part of our foreign policy, and their contributions to international goodwill on our behalf should never be overlooked.

My interest, as many of you know: My son Andrew served as a PCV in Tanzania from 2005-2007.

My prayers are with the Puzey family.

Gov. Bev Perdue's proposed budget calls for a cut in state spending of about 1.8 percent next year but bouncing back the year after -- to the highest level ever.

It would trim about 1 percent of the state's work force, on paper. Actual job losses apparently would be much less.

Federal stimulus money helps soften the blow of lower state revenues.

The governor hints that some of the cuts are overdue:

"My budget reduces or eliminates more than 20 programs that are duplicative, costly, inefficient or nonessential."

I haven't read the whole budget but here's one place where the ax falls on a Guilford County facility:

Close Umstead and Guilford Correctional Centers

It is recommended that Umstead and Guilford Correctional Centers be closed due
to above average operating costs. To accommodate the inmates at these
facilities, Lincoln Correctional Center will be converted from medium to minimum
custody and Warren Correctional Institution will be partially double-celled. There
is no anticipated savings for FY 2009-10 due to the upfits required to
accommodate additional inmates at Warren Correctional Institution. The
anticipated closure date for Umstead and Guilford is June 1, 2010.

Appropriation - ($4,627,854)
Positions (107.000) (107.000)

Smokers take the biggest hit. If Perdue's recommended increase of $1 per pack of cigarettes is enacted, the total state and federal tax in North Carolina would jump to $2.35. It's been 66 cents. I believe I'd quit.

Oh, wait. She's going after beer, too. And even Irish whiskey. Governor, how could you? On St. Paddy's Day!

Let's hope these lawsuits get a full airing in open court -- no settlements.

If a court finds that the Greensboro Police Department was suddenly rife with racial discrimination under the leadership of ousted Chief David Wray, the offending parties should pay. Any who are still employed by the city should be let go

If, on the other hand, the court finds that these allegations lack merit, the plaintiffs should be ordered to pay all court costs and legal expenses for the defendants.

Furthermore, their continued employment should be considered detrimental to the city and department.

This is very serious business, and there should be serious consequences for everyone in the wrong.

President Obama is getting good reviews for his first nomination to the federal bench. He selected Indiana Judge David Hamilton to serve on the Seventh Circuit U.S. Court of Appeals, apparently with the support of both senators from Indiana, a Republican and Democrat.

North Carolina's new U.S. senator, Democrat Kay Hagan of Greensboro, is working on a similar outcome when Obama looks to fill vacancies on our federal appeals court, the Fourth Circuit in Richmond.

"As Senator Burr and I proceed with the recommendation of candidates to President Obama for the vacancies that currently exist on the United States Court of Appeals for the Fourth Circuit, it is my goal to put forth candidates who are not only highly qualified for this position, but of whom all North Carolinians, Democrat and Republican, will be proud," she wrote in a letter to editors and reporters last week.

Hagan has discussed the issue with Burr, her Republican colleague.

Hagan, a lawyer, is concerned that North Carolina has been underrepresented for years on the federal appeals court, largely because of politics.

First Jesse Helms, then John Edwards, blocked nominees put forward by Presidents Clinton and Bush, respectively.

The Democratic Senate didn't act on some judges nominated by Bush last year. Senate Republicans already have threatened to block Obama nominees.

The Fourth Circuit serves five states, and North Carolina is the only one with a single resident on the court. West Virginia has two and South Carolina, Virginia and Maryland each has three.

The next nominee, or two, ought to come from North Carolina.

Hagan and Burr should be able to agree on a qualified candidate acceptable to people of both parties. The state's appellate courts, which are nonpartisan, have plenty of outstanding, moderate jurists from whom to choose. Then, hopefully, Obama will respect the recommendations of the home-state senators.

This is a task that can be accomplished for the benefit of the state, without a partisan dispute.

After an effusive introduction by Nido Qubein, a speaker might worry about having a tough act to follow.

Not a problem for Thomas Friedman, who lectured at High Point University last night.

Known as an author and New York Times columnist (published twice weekly in the N&R), Friedman is a brilliant speaker. Without script or podium, only occasionally reading passages from his latest book, he held an audience of 600 students and town folk in the Hayworth Fine Arts Center spellbound for 75 minutes.

If you're a reader. you know Friedman knows a lot about almost everything and he's been almost everywhere. You also know he has a gift for presenting complex issues in ways you can understand.

That's exactly how he comes across on stage. But he's warmer and funnier in person than you can tell from his columns or books. He shares lots of anecdotes and wry observations. He tells stories with dramatic pauses and the right expressions and inflections. He did a funny riff, using Qubein as a foil, to make a point about energy pricing.

In short, he's entertaining and informative ...

... and provocative.

I think that's a fair word to describe someone who says Al Gore owes the world an apology ...

... for underestimating climate change.

And who says the green movement, so far, is a party ... when what's needed is a revolution.

"Have you even been to a revolution where no one got hurt?" he asked.

This is going to hurt.

Friedman has been delivering this message during a six-month book tour. Last night's lecture reflected the theme of the book, "Hot, Flat, and Crowded: Why We Need a Green Revolution -- And How It Can Renew America."

If you haven't read it yet, you've probably absorbed pieces of it from his columns, which he's using as a vehicle to call for action against the threats he sees as the greatest in human history.

He breaks them down into five parts:

1. Energy and resource supply and demand

2. Petrodictatorship

3. Climate change

4. Energy poverty

5. Biodiversity loss

He presented detailed explanations of each, then said one solution addresses them all: abundant, cheap, reliable, clean energy.

Whoever develops it, or wins the "earth race," will lead the world. And it better be America, Friedman added, proclaiming Green to be the next Red, White and Blue.

What's the energy answer? He doesn't know specifically, but he said this country has to stimulate innovation and give price advantages to clean energy while penalizing dirty.

That's going to be the painful part.

"You'll know the green revolution is here when you have to change or die," he warned.

During the Q&A, a student asked Friedman which country is getting it right so far. He called Denmark "the coolest, greenest country in the world." It imposes CO2 taxes, and gasoline costs $10 a gallon. Half the traffic on Copenhagan streets is bicycles. It has the biggest wind industry in the world.

He added that in 1973, Denmark was 99 percent dependent on Arab oil. Now, zero.

Part of the difference is North Sea oil, he conceded.

But the point is that in Denmark, "They pay more for what they burn but not what they earn."

Can the U.S. do it? Friedman's prescriptions strike me as incredibly expensive for a long time. There are casualties in revolutions, and some of them are innocent bystanders.

He insists "the stakes could not be higher, the payoff could not be greater. We have exactly enough time, starting now."

Yet another Court of Appeals case offers a glimpse of life on the streets of Greensboro with the foolish and trigger-happy.

It stems from the murder conviction of one Khalil Jacobs in Guilford County Superior Court, Judge Stuart Albright presiding, in October 2007.

It seems the previous March 20, Mr. Jacobs encountered two gentlemen of his acquaintance, George Nichols and Dana Hampton, at a gas station/convenience store on East Market Street. Mr. Jacobs and Mr. Nichols previously had conducted a business transaction -- a legal one -- but the financial terms had not been met to Mr. Jacobs' satisfaction. The mood became tense, and Mr. Jacobs produced a handgun, which he subsequently used to end the life of Mr. Nichols.

Mr. Hampton, meanwhile, did not play a passive role in this drama. As he recounted events, in his own winsome way with words, on the witness stand during trial:

Hampton: "They had a couple of words ... (defendant) jumps out, (and defendant and Nichols) start conversating at the beginning of the car but it sounds like -- it sounds like altercation fixing to go on ..."

Mr. Hampton further testifies that Mr. Jacobs "had his hand in his pocket the whole time. So he comes out his pocket ..."

Counsel: "Did you see him do this?"

Hampton: "Yes, sir."

Counsel: "Okay. Could you tell what (defendant) had?"

Hampton: "Maybe like a small revovler."

Counsel: "What did you do?"

Hampton: "I reached for the gun in the back seat and I start firing back."

Apparently without effect ... reminding us that sometimes the only difference between murder and sport is aim.

Mr. Jacobs' defense was no more effective. He attempted to introduce evidence pertaining to the character of Mr. Nichols, contending that he would not have acted aggressively because he was fully aware that his adversary, and Mr. Nichols' frequent companion Mr. Hampton, were not men to be trifled with.

Judge Albright did not allow the introduction of this evidence and, to make matters worse for Mr. Jacobs, sentenced him to life in prison without parole following the jury's rendering of a verdict of guilty of murder in the first degree.

Judge Albright's actions prompted the appeal by Mr. Jacobs. Alas, he was unsuccessful at the next level as well, although one appeals court judge, Linda McGee, did find merit in two of his four claims. On that basis, Mr. Jacobs gained the right to appeal once again, this time to the N.C. Supreme Court.

I don't know how that will turn out for him, but I'm sure the justices will enjoy reading all the trial transcripts and other filings.

The really interesting character here is Mr. Hampton. When I looked up his Department of Correction record, however, I learned he is actually one-half of a father-son family tradition -- and I'm afraid I can't tell which half.

Here's Dana Hale Hampton, 48, also known as Pete.

Here's Dana Hale Hampton Jr., 24.

Both had drug and weapons convictions prior to 2007 but neither since then has a conviction for possession of a firearm by a convicted felon. Yet we can read in the trial transcript that Dana Hampton said that he shot at Khalil Jacobs on March 20, 2007.

He should have been charged.

Even sport shooting isn't allowed for convicted felons.

Several Democratic state representatives filed a bill this week that would erase the Aug. 25 date for start of school.

Instead, it would allow local systems to determine their own schedules as long as the opening day doesn't fall earlier than the second Monday in August.

That would be Aug. 10 this year.

The last possible day would remain the same as stated in current law -- June 10, except in unusual circumstances.

Among the co-sponsors of the measure is Rep. Pricey Harrison of Greensboro.

If this bill gets a hearing, which it likely will, the debate will match familiar foes:

Local school systems vs. the tourism industry and the grassroots Save Our Summers group.

SOS already is following several other bills that would tinker with school calendars.

Personally, I don't like the idea of school starting as early as Aug. 10. (My wife is a teacher, so it does matter to us.) Nevertheless, this ought to be an issue for local school boards to decide. They should be allowed to do what makes best academic sense for them. If that's unpopular in their districts, then voters can elect new school board members.

Bring on the debate.

Charlotte Observer cartoonist Kevin Siers zings Sens. Kay Hagan and Richard Burr for their save-tobacco-from-the-FDA bill.

Our view on the bill here.

If the issue is money, it makes sense to admit illegal immigrants to North Carolina's community colleges.

You also would lift the out-of-state enrollment cap of 18 percent for the University of North Carolina and admit as many nonresidents as the market would bear.

They pay much higher tuition. (For example, the difference is nearly $11,500 per year at UNCG.) State taxpayers would save a ton.

But is that the only issue here? Obviously not. After all, why is there an enrollment cap for out-of-state students in the UNC system? Simple. To reserve space for North Carolina residents. The primary mission of our state university system, and community colleges, is to provide higher education for North Carolina residents.

Legal North Carolina residents.

If you're a legal resident of Virginia, you can't qualify for in-state tuition at a UNC school just by claiming to be a North Carolina resident or by hiding your true status. Nor can you gain an exception to the enrollment cap. Go to college in Virginia.

That's not a precise analogy to illegal immigrants, some of whom may have lived in North Carolina for most of their lives and gone through K-12 schools here. Suddenly, for all practical purposes, they may find themselves at an educational dead end.

But those circumstances, no matter how unfortunate, don't justify claiming benefits that are and ought to be expressly reserved for legal residents.

The same situation exists with employment. These individuals who desire higher education are not legally eligible to work in our country. So, what's the point?

There are legal procedures that allow some foreign nationals to attend colleges and to work in our country. Those opportunities are limited, but any orderly society imposes many kinds of limits. We're still an orderly society, aren't we?

There's an old saying in sports that goes, "A tie is like kissing your sister."

But today's 3-3 N.C. Supreme Court ruling in the lottery case is more like blackjack, where ties go to the dealer.

When the higher court can't muster a vote to overturn the lower court, the previous decision stands. Which means, in this case, a victory for the lottery.

The issue was whether the shabby, sleazy way the lottery was adopted by the General Assembly in 2005 violated the state constitution, which requires revenue bills to be read and voted on three times on three separate days. The lottery bill wasn't because leaders rammed it through as soon as they had (barely) enough votes to pass it. The legal question boiled down, essentially, to whether the lottery is a tax. The Court of Appeals, by a 2-1 vote last year, said it isn't.

Interesting how, at every turn, the lottery has won by the narrowest margins -- in the legislature and in the courts. Now, that's a run of luck.

As an ardent foe of the lottery, I'm disappointed. But I have to accept the legal outcome.

I remain frustrated, however, by the lack of openness by the Supreme Court.

The first issue came up last September when the court heard arguments in the case. Justice Mark Martin recused himself, without publicly disclosing a reason. The silence is customary in recusals, and apparently no power on earth can dislodge an official explanation.

Addendum/correction: That was true back in September, when Martin declined to offer an explanation. What I missed since then, however, was filled in by today's AP story:

Martin, a Republican, filed a notice in December saying he had disqualified himself from the case because of a potential conflict involving an attorney who was working with Orr in a legal advocacy group.

That attorney, retired Supreme Court Chief Justice Beverly Lake Jr., also was representing Martin's family in a case involving injuries suffered by one of his children.

Martin could have been allowed to participate anyway in Friday's opinion — breaking the ultimate tie among his colleagues — had lawyers in the case found the conflict insignificant. But the state, in a Jan. 22 memo filed by a state attorney, declined to let him do so.

It was tempting to accuse Martin of ducking a tough case, and I think I did on my blog at the time. In fairness, however, one or both parties in a case may call upon a justice to recuse himself, so it may not have been Martin's decision to sit it out.

(Although, coincidentally, the court issued another 3-3 per curiam today, again with Martin being the missing party.)

At any rate, given the history of the lottery case, it was quite possible from the start that the six participating justices would split. That they did denies resolution at the highest level of the interesting issues raised in the case. Martin would have tilted the verdict one way or the other. Which way? I imagine he and his colleagues know, and I can only guess, but no one is likely to say for sure.

For that matter, the court did not disclose which three supported the lower court's ruling and which three did not.

This is irritating. These justices are elected by the people, and the people ought to know how they rule in each and every case.

When the court issues a full opinion, it does reveal which justice authored the majority opinion and who supported it. It reveals who wrote dissenting opinions, if there were any. That's how it should be.

But it isn't that way when the court puts out a one- or two-page per curiam. In those rulings, it usually says nothing more than whether it affirms or overturns the lower court ruling. If it overturns, it may adopt the dissenting opinion from that lower court ruling. Occasionally, the court will offer a "correction" of some point or other -- or even a "disavowal," as it did here.

Per curiams don't contain the names of individual justices (except when one steps out) because they're issued in the name of the court as a whole (kind of like our editorials). Most of the time, I assume the court is more or less of one mind, so it really doesn't matter. But a 3-3 is clearly different.

As a court-watcher, I definitely want to know how the court split in this case. But I can't find out.

More frustrating, it's not even a rule that prevents disclosure but a tradition, according to Christie Cameron, the court's clerk for the past 18 years -- longer than any current justice has served. This is how it's been during her time at the court, Cameron said.

It's time to change the tradition. Time for full disclosure: Who took which side in the lottery case?

Or are the Supremes' tongues tied, too?

Check out my video interview with UNC-Chapel Hill Chancellor Holden Thorp.

I wrote about Thorp back in December.

Greensboro really is a great tournament town, veteran High Point Enterprise sports writer Tom Berry says today, after covering NCAA games Thursday and Saturday.

"The Greensboro Coliseum and Greensboro go together," Tom writes.

"One has been the venue for some of the nation's best college basketball for almost 50 years. The other provides the hospitality.

"One has hosted the Atlantic Coast Conference Tournament 21 times. The other has made the trip worthwhile for hundreds of thousands of fans."

Tom backs up his opinion with quotes from the college basketball world ...

Jamal Abu-Shamala, Minnesota player: "It's kind of cool to be in the middle of the basketball heartland. It's great to be here in North Carolina with this kind of atmosphere."

Texas coach Rick Barnes (who previously coached at Clemson): "Greensboro is a special place. There are certain things that should always be left alone, and I always felt like the ACC Tournament should always be in Greensboro. I always felt that because of the way the city adopted it and made it one of the great events. I can remember every session was always sold out, and that's the way it should be."

Duke coach Mike Krzyzewski: "I love Greensboro. For a guy from inner-city Chicago who went to West Point, I love North Carolina -- the state. I respect North Carolina -- the team. The city that, to me, over the years, has captured the whole spirit of the ACC is Greensboro."

Tom adds that Krzyzewski said he told fellow coaches and administrators coming to Greensboro for the NCAA first round about the coliseum and the city: "I said they would be knocked over with how well they are treated here. People appreciate basketball around here."

Of course, the Duke and Carolina basketball teams weren't overly generous to visitors, knocking them all out of the tournament. Those enthusiastic home crowds don't hurt. Maybe Greensboro ought to be a regional or Final Four site again.

Anyway, everyone who makes college basketball work so well in Greensboro deserves credit. And thanks, Tom, for passing on some encouraging words.

Who would ever think that a congressman/senator from Winston-Salem would receive big campaign contributions from the tobacco industry?

Or try to protect the tobacco industry from excessive taxation and regulation?

Does this mean Richard Burr is bought and paid for by Big Tobacco?

You sure can't draw that conclusion from this information.

Tobacco still means money and jobs for North Carolina. You'd expect North Carolina politicians to stand up for the industry.

If a politician from California or Vermont were getting that kind of tobacco money, you'd think something was up. Of course, that's where Big Tobacco really needs help. Maybe they're wasting their money on North Carolina politicians who are likely to sympathize anyway.

High school students who let their grades drop aren't allowed to participate in athletics.

How about a whole school? A bill introduced in the state Senate says no athletics at any school where a majority of students score below the 50th percentile on end-of-course tests for two or more consecutive years.

The measure was proposed by Sen. Charlie Albertson, D-Duplin, and supported by two powerful senators, Tony Rand, D-Cumberland, the majority leader, and Dan Clodfelter, D-Mecklenburg, co-chairman of the Finance Committee.

Gary Pearce at Talking About Politics gives his view.

I understand the concern about lagging academics. Studies have to come first. I wonder sometimes if sports consume resources that could be used in the classroom.

Nevertheless, I think this measure is the wrong way to address the problem. For starters, I don't think Albertson's bill makes clear when a school would be barred from athletic participation. Would most of the students have to tank all eoc tests, or any eoc tests?

More to the point, though: This approach penalizes all students for the failures of some, or for the failures of the school in general.

Remember, students already have to maintain academic standards to participate. So the ones who are playing sports are pretty much not the ones who are dragging the bottom academically. Sure, there might be exceptions, but in that case a better remedy would be to raise the academic standards for athletic eligibility. Don't deny everyone the chance to play soccer or softball or whatever.

This amounts to an athletic death penalty for schools. A school with poor academics couldn't attract good coaches, who sometimes are also effective teachers. This also might prompt kids who are good athletes to transfer to other schools, if possible.

And maybe the worst part is it wouldn't even impose a real-time penalty. If the school's academics drop for two years in a row, it could still field athletic teams during those two years. It would be the next year when the penalty would kick in. New students would be denied athletic opportunities because of the failures of previous students.

There are many benefits to athletic participation in high school. Sports build school spirit, teach kids about teamwork and discipline, create a community focus, and provide an incentive for athletics to do well enough in the classroom to maintain their eligibility. Those who don't ought to be sidelined.

Plenty of high schools, although unfortunately not all, combine first-rate academics and outstanding athletics. There are better ways to fix academic shortcomings than to kill athletics.

Good one, Barney Frank. Supreme Court Justice Antonin Scalia is a "homophobe," apparently because he doesn't buy into the "gay rights" agenda.

That's mature discourse.

I'd half expect Frank to propose a new tax law: a 90 percent take on incomes of all state and federal judges who are "homophobes," as defined by Barney Frank.

I missed "Hillary: The Movie." I gather it drew some critical reviews.

Now it's showing at the Supreme Court, accused of violating provisions of the McCain-Feingold free speech-suppression law.

In addition to other restrictions, it should not have been shown within 30 days of a primary election in which Hillary was a candidate -- which would have kept it out of a lot of theaters in the first half of 2008 (if many theaters were interested in showing it). TV was definitely out.

So, who's going to dragged into court next, Tina Fey for mocking Sarah Palin on SNL before last November's election?

"Struggling newspapers should be allowed to operate as nonprofits similar to public broadcasting stations, Sen. Benjamin Cardin, D-Md., proposed Tuesday," AP reports.

"Cardin introduced a bill that would allow newspapers to choose tax-exempt status. They would no longer be able to make political endorsements, but could report on all issues, including political campaigns."

My knee-jerk reaction: Thanks but no, thanks.

I appreciate the concern, but newspapers would give up too much under this arrangement.

Namely, the right to make political endorsements.

Would restrictions stop there? What about other opinion columns -- Friedman, Pitts, Sowell, etc.? What about house editorials, a long tradition in newspapering?

I don't know the full implications but I'm initially wary, to say the least.

Sure, I hope newspapers survive. Our society will be poorer, our democracy weaker, without them.

True, the reality is they need the resources to produce quality journalism.

But journalism with government strings attached ... in this country?

What a sad state of affairs.

Congratulations to Robby Hassell, appointed by Gov. Bev Perdue today to serve as a special Superior Court judge.

Hassell, from Greensboro, was a Guilford County District Court judge for many years -- but was defeated in last year's election by Avery Michelle Crump, a stunning outcome generally explained by local voters' overwhelming preference for female judges.

Perdue, the state's first woman governor, apparently doesn't share the gender bias. She made a good move in returning Hassell to the bench.

Hassell will fill the rest of John W. Smith's term. He was named director of the Administrative Office of the Courts by Chief Justice Sarah Parker in December. The judge's term runs until February 2011.

There are 15 special Superior Court judges, appointed by the governor to eight-year terms. All are subject to assignment anywhere in the state. AOC tries to keep them as close to home as possible to save travel costs, spokesman Dick Ellis said.

There will be plenty of work for Hassell, he added.

I'm sure nothing could please him more. He's proven he belongs on the bench.

Addendum: Just spoke with Hassell, who's very pleased and grateful for the appointment. He had a personal interview with the governor last week. It's good to see she's taking a hands-on approach to judicial appointments.

Hassell will be sworn in at 3:30 Friday afternoon in the Guilford County Courthouse, courtroom 3H, by Chief Resident Superior Court Judge Catherine Eagles.

My column today:

North Carolina’s lottery began because two senators missed a critical vote.

It survived, perhaps, because a Supreme Court justice missed a critical case.

Lottery luck? I doubt it. In both instances, lottery proponents left little to chance. ...

Tony Rand's bill allowing ABC stores to open on Sundays (the text isn't available yet on the state legislative Web site) understandably will draw a lot of attention.

There's no logical reason anymore to prohibit liquor sales for off-premises consumption on Sunday. You already can buy beer and wine at the grocery store and order mixed drinks (or straight-up, if you like) at bars and restaurants.

Still, it's not a given that the Greensboro and High Point ABC systems would decide to open their stores on Sunday, the general managers of both told me today. They'd have to weigh the operating costs against the potential revenue. Obviously, the equation only works if they end up selling more booze. Community sentiment also would be a key factor.

Nevertheless, the choice would be theirs and theirs alone.

Not necessarily so under the provisions of much more sweeping ABC legislation filed yesterday. It's titled "An act to modernize the North Carolina Alcoholic Beverage Control System as Recommended by the Joint Legislative Program Evaluation Oversight Committee."

Senate version here.

In general it empowers the state ABC Commission with much greater authority over local systems -- even the power to "seize their assets" if they fail to meet performance standards.

As you can see here, some local systems make a lot of money and some actually lose money.

Under this legislation, the state would demand results. It even stipulates that no local board members could receive compensation for their service if their system doesn't make a profit of at least 5 percent.

But that's not the objectionable part of the bill. It's this:

No more than one ABC system per county.

Guilford has three: Greensboro, High Point and Gibsonville.

Summerfield voluntarily merged with Greensboro, and Oak Ridge with Forsyth County. Key word: voluntarily.

The one system per county mandate was NOT recommended by the study commission. It said the state should have the authority to force mergers "as needed to improve the effectiveness and efficiency of the ABC system."

Meaning, if Greensboro, High Point and Gibsonville fail to meet required performance standards, then move in.

But don't make an arbitrary judgment that Guilford County should have just one local ABC system.

Just consider the question of Sunday operation for your ABC stores. What if Greensboro and High Point agree, but Gibsonville would rather not? It ought to be Gibsonville's choice.

There's much more to say about this legislation ...

Outstanding Chicago Tribune report today about Rahm Emanuel's "profitable stint" at Freddie Mac in 2000 and 2001.

It seems that the man who's now the top aide to President Obama was just another one of the boys cashing in on slipshod financial practices.

Some key passages from the Trib:

"Emanuel's Freddie Mac involvement has been a prominent point on his political résumé, and his healthy payday from the firm has been no secret either. What is less known, however, is how little he apparently did for his money and how he benefited from the kind of cozy ties between Washington and Wall Street that have fueled the nation's current economic mess."

More after the jump ...

It's disheartening that Roy Cooper, North Carolina's attorney general, would declare that Guilford County and other portions of our state should continue under U.S. Justice Department scrutiny lest they attempt to deprive racial minorities of their voting rights.

Cooper even made a show of it, The N&O reports, addressing a crowd of "civil rights and social justice advocates."

He's filed a brief in a case before the U.S. Supreme Court that challenges preclearance requirements imposed on states and local jurisdictions with a history of racial discrimination.

Fortunately, times change. Recent history in Guilford County shows strong voter support for Barack Obama, the election of a black at-large school board member and the elections of six black District Court judges in countywide voting. The mayor of Greensboro is black, the chairman of the county commissioners is black, the superintendent of schools is black, Greensboro's police chief is black, High Point's fire chief is black. This isn't 1965.

But Roy Cooper thinks every redrawing of a city council district, no matter how minor, has to get prior approval of civil rights lawyers in Washington.

It's one thing for the feds to distrust Guilford County. I'd even expect it from the state NAACP. But for North Carolina's attorney general to reinforce that outdated image of racial attitudes? Can he provide some recent evidence to show cause?

It's very disappointing.

Sometimes the only way to get over the past is to ... get over it.

Just one more thought (for now): This is the sort of accountability we get from elected officials chosen from the sort of districts that Roy Cooper apparently thinks we must have forevermore. The problem is illustrated as much by Steve Arnold as Skip Alston. They're No. 1 and No. 2 in longevity on the board of commissioners; they get a free pass to re-election every four years because of their safe districts; and they act as if they answer to no one. Guilford County would be better served if all commissioners were elected at large. But that's definitely NOT permitted under the system Roy Cooper endorses.

I suppose it's good for everyone to be humbled now and then.

Even ACC basketball fans.

The conference they -- make that we -- boasted was the best in the land isn't.

Not even close.

The Big East earns that title.

Nothing made that more clear than Villanova's pasting of Duke last night.

I stayed up past midnight to watch that?

Duke's fall follows one-and-done NCAA tourney flops by Wake Forest, Florida State, Boston College and Clemson. At least Maryland won a game before bowing out.

The league's last entry is Carolina, which faces Gonzaga -- thankfully not of the Big East -- tonight.

The Heels, if playing well, actually should compete well with anyone. Clearly, no one else from the ACC was a legitimate contender for postseason success.

Meanwhile, the Big East still has a chance of monopolizing the Final Four. They're already assured of one spot, as 'Nova and Pitt are matched in the East Regional finals.

We can't forget the Big 12, though. Missouri bashed Memphis last night, and Kansas and Oklahoma hit the hardwood tonight. The Sooners can whittle down the Big East contingent if they defeat Syracuse. That should be an interesting game.

As often is the case, ACC hopes rest on Carolina. Good luck, Heels.

The rest of the conference has some work to do.

Oh, yeah. That goes for the women, too.

Being humbled now and then is a useful experience, but being the best is more fun.

Addendum, from Ken Tysiac of McClatchy: "Since expanding to 12 schools before the 2005-06 season, the ACC has won 53.3 percent of its NCAA Tournament games, a 24-21 record. Before expansion, the ACC was 313-153 in its history for a 66.9 percent clip that led all Division I conferences."

Expansion was all about football. Not sure how that's working out, but looks like it hasn't done much for ACC basketball, which I always thought was what really counted.

N.C. Ag Commissioner Steve Troxler of Browns Summit made a plea to Congress yesterday to go easy on tobacco, the Charlotte Observer reports.

Tax increases and increased regulation will hurt a productive North Carolina industry, he said.

"The last thing North Carolina, or any state, needs right now is more lost jobs," Troxler asserted.

He added that manufacturing jobs in the industry pay an average of $86,000 a year.

Congress recently increased the federal cigarette tax by 61 cents a pack and is considering legislation to subject tobacco products to Food and Drug Administration regulation.

It's understandable that Troxler would stand up for a mainstay component of North Carolina agribusiness.

But has he done the same in Raleigh?

Is he fighting Gov. Bev Perdue's proposed $1 per pack hike in the state cigarette tax? Or the bill that would ban smoking in all public places?

How can you expect the feds to ease off on tobacco when the tobacco state itself is hammering the industry?

Sen. Kay Hagan is getting heat for abruptly dismissing two staff members and offering no explanation.

Since both happen to be black, the state NAACP is launching an investigation.

The Wilmington Journal reports.

(Info by way of Dome).

Courtroom 3H was so full of legal dignitaries at 3:30 this afternoon that even a Supreme Court justice was standing along the wall.

Presiding Judge Catherine Eagles told Bob Edmunds and others to sit in the jury box.

Clearly, this wasn't probation violation court, which also can pack a room. Different crowd.

The occasion was A. Robinson Hassell's swearing-in as a special Superior Court judge. He was appointed to the position by Gov. Bev Perdue earlier this week.

The turnout of judges and lawyers spoke to their high regard for Hassell, a veteran of nearly 10 years on the Guilford County District Court bench, an active participant in many Greensboro organizations and causes, and a well-liked personality.

Perdue's appointment -- just one of two she's made to the Superior Court bench so far -- was welcomed around here.

She didn't attend, but Hassell made sure to thank her for placing such confidence in him and vowed to accept the appointment as a responsibility. He thanked his family, mentors and colleagues and courthouse staff.

He also spoke about his desire to improve how the court system works and to increase public confidence in it. He spoke of the foundational importance of the rule of law in our society. He spoke of the need to relate to the people, for whom the law is written.

Robby Hassell steps up to this new challenge with the experience, qualifications and integrity to meet the expectations he's set for himself.

As a special judge, assignments can take him to any courthouse in the state from one week to the next -- never long enough to wear out a welcome, Eagles joked. Despite changing settings, applying the law with fairness and consistency will be paramount. A courtroom full of people seemed to think Hassell's the right man for the job.

Today's editorial.

There was some interest expressed in this topic on another post, so have at it.

Clearly, there's not enough space in a single editorial to cover all the angles.

By customers, I meant students and their parents. The product is education. If outcomes by predetermined measures aren't up to standards at one school, customers are entitled to try another.

There may be understandable reasons why a school performs poorly by these measures, and all available means should be used to address particular problems. But, as long as there is an entitlement of choice in these circumstances, parents can't be blamed for seeking better opportunities. Hopefully, they will make informed decisions.

Last September, I wrote about Mark Harris, the principal at Ferndale Middle School in High Point, which had lost many students to opt-out. Harris was working to win them back, taking steps aimed to "build trust with the community," he said

I don't believe in open enrollment at every school. There has to be a sensible student assignment plan for most. But schools that have lost the community's trust should be required to win it back. A school parents will trust with their children, it stands to reason, is a better school than one they won't.

At the White House:

Mr. President, Mr. Fang from Beijing is on the line.

Who's Mr. Fang?

He's the Chinese finance minister, sir.

OK. I'll take the call. ... Hello, Mr. Fang. How are you, sir?

Very well, thank you, Mr. President. I hope you are the same. I wish to convey greetings from my government.

Thank you, Mr. Fang. What can I do for you?

Mr. President, I am calling to offer my government's congratulations for your strong and decisive recent actions in your handling of General Motors. With the removal of Mr. Wagoner from the top position at GM, you have demonstrated your government's determination to set the U.S. auto industry on a new course.

Please thank your government for its friendship, Mr. Fang.

I will, thank you, Mr. President. My government is most impressed with your actions to date, Mr. President. You have assumed immense powers over your nation's private economy in the name of the people, much like the great leaders of our own country.

Thank you again, Mr. Fang. Of course, these are unusual circumstances. It is only the fact that our government has loaned so much money to GM and Chrysler that allows me to exert pressure on them to conduct business in different ways and, if necessary, to "suggest" changes in their executive structure.

Of course, Mr. President. We understand very well that creditors can -- what is your American expression? -- hold sway over debtors. In that vein, I would like to present a proposal that perhaps can help your struggling automobile industry while strengthening the bonds of friendship between our countries.

What is that, Mr. Fang?

Mr. President, as you know, we are developing our own modest automobile industry here in China. Our cars are small and inexpensive, which well suits our own poor consumers. In present economic circumstances, however, we believe the American market would find our Chinese vehicles most appealing. We hope you will consider importing several million units per year, which we would happily allow you to offer your consumers under the GM and Chrysler brands.

That's a most generous offer, Mr. Fang. There may be some difficulties, however. For example, it is my understanding that Chinese automobilies, although small and inexpensive, may not meet U.S. fuel-efficiency, safety and overall quality standards. We believe you have much work to do still to compete in our market.

This is disappointing to hear, Mr. President. Perhaps it is a result of my poor English that I failed to convey our proposal clearly. Was "hold sway" the wrong expression?

What are you getting at, Mr. Fang?

Only this, Mr. President. Just as GM's debt to the U.S. government allows you to enforce certain terms upon that company, so also does the U.S. debt to China give us, shall we say, the upper hand in certain negotiations. Your government, Mr. President, is lending money that it is in turn borrowing, mostly from China. Your economic stimulus depends on more borrowed funds. Your budgets add even more trillions to your national debt.

So you are demanding ...?

For now, only that you replace domestic production of GM and Chrysler automobiles with imported Chinese-made cars.

Or else?

Or else, I'm afraid, Mr. President, we will have to insist on your immediate resignation.

That's blackmail!

What is your old saying, Mr. President? As GM goes, so goes America.

Statement from the National Assault Rifle Association:

The NARA would like to express our shock and outrage at the massacre at Pinelake Health and Rehab nursing home in Carthage, N.C., Sunday.

A man entered the facility and shot to death seven elderly residents and a staff member before he was wounded and apprehended by police.

We regret terribly that this rampage was allowed to happen. It should have been prevented, and could have been, had the residents been allowed to exercise their constitutional right to arm themselves with high-powered, rapid-fire assault rifles.

It's outrageous that most, if not all, nursing homes in this country don't let residents keep firearms for personal protection. If these elderly citizens were still living in their own homes, of course there would be no question about their access to firearms. If they chose, they could have weapons at their fingertips and gun down dangerous intruders. Yet, when they enter a nursing facility, they are expected to relinquish this fundamental Second Amendment right.

We believe this is wrong. A nursing home is, after all, still a home. Americans are entitled to be safe and secure in their homes, whether that is a mansion or half a room in an assisted living facility. As we can see, denying them the exercise of this right leaves them defenseless against attack.

Why assault rifles? Because many of our older citizens aren't as steady of hand or keen of eye as they once were. Their aim may betray them at their moment of greatest vulnerability. That is why they need weapons that can fire at a rapid rate. It may take 10 or 20 shots before they can bring down an assailant.

Therefore, we call on American nursing homes to allow all residents the constitutional right to keep and bear arms in their personal living areas, and to assist them in obtaining the most effective firearms available -- U.S.-made assault rifles.

As a side benefit, target shooting can be a wholesome and enjoyable activity for older adults. We encourage senior care facilities to construct shooting ranges for the recreational and educational benefits they provide.

God bless America.

Mike Easley, we hardly knew you.

By your design, apparently.

If we had known you better, surely we would not have put up with you.

Yesterday's report by the N&O gives another example of how the former governor's secrecy let him get away with behavior that was ethically questionable at best.

The Charlotte Observer follows up with an editorial today.

The story concerns Easley's close relationship with "NASCAR titan" and auto dealership owner Rick Hendrick, who treated the governor to some nice trips and other favors, and also benefited from some tax breaks supported by Easley.

Easley didn't report these favors on ethics disclosure forms, the N&O noted, and replies curtly by e-mail now: "I don't discuss personal business on personal vacation on personal time."

The implication being that the newspaper is prying into private matters.

Quite a dodge. Trouble is, when an elected official's "personal vacation" is paid for by someone else, it's a matter of public interest whether that someone else is benefiting in return.

It would be nice to see the attorney general take a look at this information and determine whether an official investigation is warranted. His office has delved into lesser matters.

Easley's record as governor continues to look worse in retrospect. It makes it easy to predict he'll never run for office again.