Wagner v. Westphal: motion for preliminary injunction denied

“Congress shall make no law respecting an establishment of religion….”

.....AS ONE of the plaintiffs in Wagner v. Westphal, I heard from the lawyers today. I learned that, unsurprisingly, Judge R. Gary Klausner denied our motion for a preliminary injunction.
.....A preliminary injunction is a temporary decision made while the case is being litigated to its conclusion. We had asked that the district be prevented from having prayers at the May 21 scholarship ceremony and next week’s commencement ceremonies. The judge denied that motion.
.....That occurred yesterday.
.....As I understand it, Klausner did not address any of our arguments but nevertheless seemed to suppose that the prayers are probably permissible. He seemed to acknowledge that some of the district’s past actions (Wagner, Mathur) were likely unconstitutional, but, since the board has declared that it will not repeat those kinds of actions, there is no need for an injunction with regard to them.
.....We can appeal, but we’ve made no decision yet.
.....Here is the relevant portion of Klausner’s judgment:

.....…In a case where the plaintiff seeks prospective injunctive relief based on conduct that occurred in the past, … it is important for the plaintiffs to delineate what specific government conduct they seek to restrict. Otherwise, courts will be forced to either issue highly particularized rulings that can easily be circumvented or announce all encompassing propositions that do not provide meaningful guidance and are so broad that they run afoul of the defendants’ constitutional rights.
.....This case presents one such situation. Plaintiffs seek to enjoin the college from “offering prayer or religiously themed programming.” But an order banning any religiously themed programming would appear to prohibit recitation of the Pledge of Allegiance, playing songs such as God Bless America, or being thankful to God for our blessings. The Court finds that Plaintiffs’ position on this Motion is too broad and unspecific.
.....The Court notes some of the specific conduct by Defendants may have violated the Constitution while some other conduct did not. For example, Trustee Wagner’s comments at the 2009 scholarship ceremony and the slide show at the 2009 Chancellor Opening Session may appear to be in violation of the Establishment Clause. On the other hand, the joke told at the Chancellor Opening Session is simply a joke and unlikely to have violated the Constitution. Yet the Court cannot issue a broad order to enjoin speech in the future simply because certain Defendants made unconstitutional remarks in the past.
.....Moreover, as Defendants have suggested, the slide presentation and the remarks made by Wagner are not likely to happen again. Therefore, the matter is not appropriate for preliminary injunction.
.....The Court does not make any finding with respect to the past conduct at issue at this point. That ruling is reserved for the summary judgment stage.

Belief country

.....Today, Pat Brennan of the Reg’s “OC Science” reports the results of a poll of Orange Countians about global warming (Poll: Orange County split on global warming).
.....Yep, the results are mighty grim. Only 54% believe that global warming is real. 46% say either that it isn’t real or that we don’t know if it is real.
.....Predictably, Democrats are much more inclined to embrace the reality of GW: 77% versus 39% of Republicans.
.....Michael Prather, a UCI prof who thinks that GW is real and human-caused, actually had something interesting to say:

“This is belief country,” he said. “It’s your lifestyle. It’s not a matter of what you know or don’t know. It’s really a matter of what you want to know.”

.....I think that Prather is saying that (many) Orange Countians form beliefs—about such matters as whether global warming is caused by human activity—independently of a consideration of evidence.
.....He implies that they believe what they want to believe.
.....I’m afraid that’s true.
.....Freakin' Yahoos.

▼ Is another Coast Community College District Trustee trying to double his pension? (Orange Juice)

Congressman Gary Miller is corrupt and he doesn't like anybody noticing it

.....Rebel Girl, Red Emma, and I have much in common, including the same representation in the House of Representatives--namely, Gary Miller, a consistently and decidedly corrupt gasbag from hell (Republican division).
.....Even the shape of his district is corrupt. (See at right.) I mean, the people of Mission Viejo don't even know where freakin' "Diamond Bar" is! Plus OC constituents gotta travel way around a mountain and then drive deeply into the God-forsaken "Inland Empire" (they call it an "empire" cuz that's one thing it ain't) just to get there! May as well put San Clemente and Palm Springs in the same district. Or Santa Ana and Santa Monica. Sheesh.
.....Above is a recent news story about Miller from Fox LA TV (channel 11)--highlighted earlier today by Spencer Kornhaber of the OC Weekly. The reporter gets in his face a bit about the perception of corruption (Miller monkeys with legislation to send money to some guy out of his district who gave him campaign cash), and Miller just won't have it. He's incensed!
.....How dare you, my dear woman! The temerity! The cheek!! I will have you know that I take umbrage!
.....Great fun.
.....It's America, OK, so I'm gonna say it and say it loud. CONGRESSMAN GARY MILLER IS A CORRUPT GASBAG FROM HELL.
.....God bless America.

See also Meeting with Congressman Gary Miller, GASBAG

UC to embrace online education (for credit courses, degrees)?

U. of California Considers Online Classes, or Even Degrees (Chronicle of Higher Education)
Proposal for virtual courses challenges beliefs about what an elite university is—and isn't

.....Online education is booming, but not at elite universities—at least not when it comes to courses for credit.
.....Leaders at the University of California want to break that mold. This fall they hope to put $5-million to $6-million into a pilot project that could clear the way for the system to offer online undergraduate degrees and push distance learning further into the mainstream.
.....The vision is UC's most ambitious—and controversial—effort to reshape itself after cuts in public financial support have left the esteemed system in crisis.
.....Supporters of the plan believe online degrees will make money, expand the number of California students who can enroll, and re-establish the system's reputation as an innovator.
....."Somebody is going to figure out how to deliver online education for credit and for degrees in the quality sector—i.e., in the elite sector," said Christopher Edley Jr., dean at Berkeley's law school and the plan's most prominent advocate. "I think it ought to be us—not MIT, not Columbia, not Caltech, certainly not Stanford."
.....But UC's ambitions face a series of obstacles. The system has been slow to adopt online instruction despite its deep connections to Silicon Valley. Professors hold unusually tight control over the curriculum, and many consider online education a poor substitute for direct classroom contact. As a result, courses could take years to gain approval.

.....The University of California's decision to begin its effort with a pilot research project has also raised eyebrows. The goal is to determine whether online courses can be delivered at selective-research-university standards.
. . .
.....The proposal comes at a key moment for the University of California system, which is in the midst of a wrenching internal discussion about how best to adapt to reduced state support over the long term. Measures to weather its immediate financial crisis, such as reduced enrollment, furloughs for staff and faculty members, and sharply rising tuition, are seen as either temporary or unsustainable.
.....Administrators hope the online plan will ultimately expand revenue and access for students at the same time. But the plan starts with a relatively modest experiment that aims to create online versions of roughly 25 high-demand lower-level "gateway courses." A preliminary list includes such staples as Calculus 1 and Freshman Composition….
. . .
....."Anybody who has at least a college degree is going to say, Let's look at the facts. Let's be a little skeptical here," [Kristie A. Boering, an associate professor of chemistry] said. "Because that's a little pie-in-the-sky."
.....Existing research into the strength of online programs cannot simply be applied to UC, she added, objecting to an oft-cited 2009 U.S. Education Department analysis that reported that "on average, students in online learning conditions performed better than those receiving face-to-face instruction."
....."I'm sorry: I've read that report. It's statistically fuzzy, and there's only something like four courses from a research university," she said. "I don't think that's relevant for us."
.....But there's also strong enthusiasm among some professors in the system, including those who have taught its existing online classes….(continued)

Hot off the presses

Poll: Can Anaheim chief bring peace to Capo? (OC Reg)

.....Joseph Farley, the superintendent of Anaheim's 33,700-student high school district for the past five years, has been named the sole finalist to become the next schools chief of the high-performing but politically fractured Capistrano Unified School District.
. . .
.....During his five-year tenure in Anaheim Union, Farley has taken the district successfully through years of painful budget cutting and gained tremendous respect in the process.
.....Among his many accomplishments, Farley is largely credited with turning around a school construction bond project that was facing heavy scrutiny….

Candidates crowd Assembly field to replace DeVore (OC Reg)

.....…The Republican side of the draw is getting the most attention because three elected officials and a favorite son are vying – and most are spending a lot of money. The winner goes to the general election as the favorite, thanks for Republicans' 43-percent-to-30-percent advantage in voter registration in the 70th Assembly District.. . .
.....[Don] Wagner touts himself as the most conservative of the candidates.
.....He has served on the South Orange County Community College District board since 1998. While other school districts have struggled during the recession, Wagner boasts that his district has raised no taxes through new bonds and has paid off its debt.
.....Wagner placed third when he ran for the Assembly in 2004. He notes the support of the conservative California Republican Assembly, the Family Action PAC and the ATLAS PAC.
....."When they got behind me, that's when I decided to get in," said the Irvine attorney, 49.
.....Wagner's approach to dealing with Sacramento's Democratic majority is to write bills that Democrats will reject but will resound with voters – like cuts in taxes and regulations. When the measures are voted down, he thinks Republicans can win over voters by putting measures on the ballot or by running candidates against the vulnerable Democratic lawmakers who opposed the proposals….

Get it right

Dictionary definition of 'siphon' has been wrong for nearly a century (Guardian)

Definition of ‘creep,’ however, has been right on the money

Just how strong is Don Wagner's Tea?

.....This “Tea Party” thing is complex. Clearly, many of the Tea party hoi polloi are foolish, ignorant, and even worrisome. Listening to some of these tea people sometimes, you'd swear they are anarchists. But they call themselves "patriots," and patriots are too busy waving the flag to be anarchists.
.....If Tea Partiers have a coherent philosophy, I sure don't know what it is. Most of 'em richly deserve to be called stupid.

.....But many of the pols who embrace the movement are anything but stupid.
.....They’re some kind of cynical. I guess.
.....How cynical are they? I just don’t know.
.....Our own trustee Don Wagner is among the Tea Party embracers. Back on April 28, we posted about his participation in an April 15 Tea Party event (Tea: the last beverage of scoundrels). According to Orange Juice blogger Larry Gilbert, Don Wagner was among the event speakers. I'm sure that's true.

.....Today, I came across an odd “neoconservative” blog called American Power. There, I found a couple of posts that referred to a Tea Party rally back in February (Feb. 13). Don Wagner participated in that event as well. The pics prove it.
.....Just what does it tell us about Don Wagner that he’s playin’ footsy with this odd collection of ignoramuses and (often) worrisomely loose cannons? He's no dolt. Sure, he's kinda mean and a bit ruthless. But surely he cringes when the Tea People shout, "No taxation without representation!"
.....He's cynical, right?

SEE Chuck DeVore Tea Party Rally! (Feb. 13)

Whistleblower lawsuit against for-profit education company unsealed