Granite Slate

David Souter: Jurist, Man of Letters

    Leave it to Justice David H. Souter to inject a little literary panache into a dissent. In the U.S. Supreme Court opinion yesterday in Crawford V. Marion County Election Board, the jurist from New Hampshire reeled in a classic poem, "Antigonish," to make a point in his 30-page dissent. Disagreeing with the court majority, he concluded an Indiana law requiring voters to provide photo ID was unconstitutional. The law, he wrote, "threatens to impose nontrivial burdens on the voting right of tens of thousands of the state’s citizens, and a significant percentage of those individuals are likely to be deterred from voting."

   The man from Weare then provided a culture flash.

   He wrote, with Justice Ginsburg joining the dissent, "The State responds to the want of evidence with the assertion that in-person voter impersonation fraud is hard to detect. But this is like saying the ‘man who wasn’t there’ is hard to spot, and to know whether difficulty in detection accounts for the lack of evidence one at least has to ask whether in-person voter impersonation is (or would be) relatively harder to ferret out than other kinds of fraud (e.g., by absentee ballot) which the State has had no trouble documenting. The answer seems to be no; there is reason to think that ‘impersonation of voters is ... the most likely type of fraud to be discovered.'"

   The "man who wasn't there" footnote references an 1899 poem, "Antigonish," by American educator and poet William Hughes Mearns. The old Harvard man (1875-1965) wrote,

As I was going up the stair

I saw a man who wasn’t there

He wasn’t there again today

I wish, I wish, he’d stay away.

   The poem, said to be inspired by a haunted house in Nova Scotia, has numerous versions and spoofs. The Souter dissent references the version collected by editor Martin Gardner in "Best Remembered Poems," 1992. The poem, sometimes called "The Little Man Who Wasn’t There," has another popular version:

Yesterday upon the stair

I met a man who wasn’t there.

He wasn’t there again today.

I wish that man would go away.

Voting Rights ... and wrongs?

   One person, one vote. Occasionally, one big headache for an allegedly aggrieved party. The Advil inducement stems from perennial legislative debates on voting eligibility and polling requirements. This partisan battle gets a new head of steam thanks to the U.S. Supreme Court yesterday. The high court affirmed an appeals court ruling, rejecting a complaint that Indiana's law requiring voter photo IDs is unconstitutional. The court, in a 6-3 decision, found the state's law "a generally applicable, nondiscriminatory voting regulation."

"Justice Scalia, joined by Justice Thomas and Justice Alito, was of the view that petitioners' premise that the voter-identification law might have imposed a special burden on some voters is irrelevant. The law should be upheld because its overall burden is minimal and justified."

   The minority, including Justice David H. Souter, found the law imposing "an unreasonable and irrelevant burden" on voters, particularly the poor and old. The opinion read it here is an interesting read, especially given the litigious years since Bush v. Gore. Bloomberg News described it as an election-year victory for Republicans. Six states require voters to provide photo ID, according to today's story in The New York Times. Similar efforts in New Hampshire have gone splat. Renewed efforts are unlikely to go anywhere with Democrats enjoying majority control of the Legislature. But this is one issue that is sure to return.

The McCain Surge

   As the last-standing Democrats slug it out for the nomination, John McCain is scoring points and picking up some low-hanging fruit. The latest example, as his Republican Party continues to mend its primary wounds, is McCain's call to suspend the gas tax for the summer. It's a strategy to treat the symptom, not the disease, but the pain at the pump cuts across all demographics. For McCain, it's mainstreaming a core GOP plank: Tax cuts. And, as such, it's a power play in New Hampshire, where fiscal conservatism plays well. From the "prodigious hilltops of New Hampshire," the Republican machine is plotting Election Day victories statewide on the back of a supposed maverick, the senator from Arizona.

   It's still early. But it's still a sight to behold: This man who turns 72 years young in August is ... surging?

McCain and the Old Man of the Mountain

   In honor of Earth Day and the upcoming fifth anniversary of the day the Old Man of the Mountain tumbled into Franconia Notch, we bring you fringe candidate Vermin Supreme interviewing John McCain on the subject in 2004. For the record, Karl Rove was not in the state on May 3, 2003.

The Obama Psy-Op

   Barack Obama says John McCain is the same as President Bush. Barack Obama says John McCain would be better than President Bush. Barack Obama says Hillary Clinton will win tomorrow's primary in Pennsylvania. Clinton's playing the expectations game, too, but the skitter-scatter from the Obama campaign in the past 24 hours sounds like a veritable psychological operation. After this marathon fight for the nomination, can anyone imagine these two teaming up for a dream ticket?

Huckabeen: A man run down

   The A&P delivers the best lede of the week. On a story yesterday about former Republican presidential candidate Mike Huckabee bowing out of the 112th Boston Marathon, the wire services delivered this nugget:

BOSTON -- Mike Huckabee has dropped out of another race.

   Huckabee withdrew because of a knee injury. Huckabee is known for his folksy preacher ways, and his amazing loss of 110 pounds after being diagnosed with diabetes in 2003. He's run four marathons, with a personal best of 4 hours, 26 minutes and 5 seconds at the 2006 Little Rock Marathon.

   He did not evolve from monkeys.

A bitter pill for pols

   The umpteenth debate later, we are still trying to pick apart the Democratic presidential hopefuls as they pick apart each other. Who won? Who lost? Who dealt the best blow? The sporting narratives derailed long ago, but the train is finally coming 'round for Pennsylvania's primary on Tuesday. Polls show Hillary Clinton with a slimmer but still significant lead over Barack Obama. But perceptions may matter the most from here on, according to Nicholas D. Kristof's piece today, "Divided They Fall," in The New York Times. It's partly an indictment on how the media covered last night's debate, and partly a study in human behavior and our ideological trappings. Anyhow, that's how I read it. Any way you read it, the McCain camp has got to be smiling.

Refund: To Fund Again

   Which is better economic stimulus: a $600 tax rebate check or a suspension of the gas tax? We'll let the experts in Congress debate that one this week, as tax returns blast through cyberspace and clog traditional mail routes. The rebate check is in the mail. The three-month holiday of the federal gas tax is in the political scrum, thanks to yesterday's proposal by Republican nominee-in-waiting John McCain. Here's a story on his economic promises. It's not the first time a politician has proposed suspending gas taxes. It won't be the last. With overseas trading on oil approaching $115 a barrel, the Gas-house Gang may be running on fumes for the foreseeable future. But that's politics. These people will run on anything.

I know you: Google Twins

   Growing up, there was a kid that lived down the street by the name of Chris Smith. Didn't know him all that well. I recall he was a Dungeons & Dragons fan who enjoyed a good laugh. We all called him Christmas, marveling at our supposed originality. Turns out, there are tons of Christopher Smiths out there. Ditto the Mike Sullivans, the Mike Martins, and the Jim Johnsons. It's a small world for these namesakes, but there's evidence they may get along just fine with the familiarity. The NYT covers it here in a piece not so surprising in our Google age, "Names That Match Forge a Bond on the Internet."  Pew Internet & American Life researchers announced earlier this year that more of us are Googling ourselves to see what information is available. Go Google yourself. We invariably come across our Google Twins. It's not all that odd. Or even all that new, in a sense. My brother, "PJ" Tuohy (striking fearsome pose at right), admits he instinctively has checked the phone book for Tuohy listings when he traveled afield, including his journeys to the Alps and to eastern Russia (like our Irish ancestors fled there in droves). But there is something in a name, after all. It is engrossing and a little funny how the Times writes about this human behavior, with people inquiring if there's some powerful connection or kinship at play. The story notes a tendency of people to like others with the same name or initials. There are actually quite a few Dan Tuohys in the world, including yours truly (lower right). There are several students in the UK. There is a firefighter and paramedic from Salt Lake City, who was honored in 2002 for his active duty in Afghanistan on Dec. 3, 2001. The one that pops up the most on my work and story searches is Dan Tuohy (left), an Ireland Under-21 second row member of the Gloucester Rugby Club. What do we really have in common? Maybe nothing. Maybe we'd have to share a pint or two to find out. But one thing's certain: We will never be called Christmas.

New Currier a work of art

   Early reviews raved, and with good reason. The new Currier Museum of Art has a stunning array of phenomenal art, but the major $21.4 million expansion is itself a work of art. Even the bathrooms are fitted for decorative appeal. The light play throughout the museum is fantastic. And the new facility, which offers 50 percent more space for collections, preserves its past while remaining a versatility to embrace and display future works. The Currier reopened two weeks ago after nearly two years of construction. Gov. John Lynch called it the pride of Manchester, amending his remarks to add that it is the pride of New Hampshire. It's that and more. It features a fulsome celebration of local artists, as well. What struck me the most was the Currier's world-class paperweight collection. Seriously. I admit that, in the past, I thought this was a quirky footnote, but it's really something. The new space allows curators to give it front-of-the-house attention. Henry Melville Fuller, a long-time trustee and patron, donated his collection of 330 glass paperweights in 1998. Like everything here, it will surpass your expectations.

(Left, Picasso's Woman Seated in a Chair. Top right, the upper level. Lower right: Edmund Charles Tarbell's 1912 painting, Mercie Cutting Flowers. Tarbell (1862-1938) lived his later years in New Castle, NH.)

West not Wild for Sheriff Bush

   This proves Australians have a humor deficit. Kevin Rudd, their prime minister, is under fire at home for playfully saluting President Bush. Best part of this is Rudd's laugh.

No Bland Brands Allowed

   Gone are the days when candidates just worry about fine-tuning their resumes, speeches, wardrobes and the like. Everything matters. Everything is under scrutiny. See this fascinating NYT story on a branding expert's observations of the Obama campaign. "Barack Obama is running the first real transmedia campaign of the 21st century," Brian Collins says. The Q&A focuses on the campaign's use of the typeface known as Gotham to make just the right statement.

   Said the expert, "It feels just right. Inspiring, not threatening."

Fair Weather Friends

   Fergus Cullen is angling for a job at the The Old Farmer's Almanac. In the NHGOP Chairman's April Fool's tee-hee, he blames Democrats for the near record snow this winter. Similar to 1873-74, the last time Democrats held the corner office and majority control of the state Legislature.

"It is well-established that the weather can affect human behavior, but this may be the first time Democratic control has been linked to the weather. Either way, New Hampshire residents have the same response: Please, make it stop!"

   Wicked funny stuff. Our friends over at PolitickerNH assembled a Fool's round-up, including the Democrats issuing a fake schedule for Sen. John E. Sununu.

Obama's Gutter Balls

   Bill Richardson's endorsement was huge, but Barack Obama has got to second guess his new buddy's campaign advice. Read: Forget bowling. Obama yesterday was Mr. Gutter Ball, prompting Hillary Clinton to challenge the feckless bowler to a bowl-off. John McCain's mother can bowl better than Obama. Back to that lovable goof-ball Richardson. He did no better than Obama when he bowled a few at the Bowl-A-Rama in Portsmouth. Candidate Richardson was smart enough to pick up the "Red Sox" ball, but all grace left him as he waltzed up and released it ... right into the lumber yard. Stick to the hoops, Senator.

A Shaheen Christmas?

   Today must be like Christmas morning for Jeanne Shaheen. The former governor and rerun Senate candidate wrapped up a fund-raising drive last night to pad her quarterly report. The Democrat's campaign set a goal of raising $45,000 from 4,500 people by midnight March 31. In a rematch with Republican incumbent John E. Sununu, Shaheen reminds would-be supporters that the strength of her campaign will be judged by the quarterly report. She wrote in an email fund-raising letter,

"We chose these numbers because last year John Sununu took $4,500 from Exxon Mobil.  We wanted to demonstrate the power of individual donors to match even the wealthiest of the Big Oil companies. These companies and the Republican "swift-boat" style operatives are filling Sununu's war-chest."

   Christmas morning. Or April Fool's Day, depending on how many contributors sign on and how much is deposited in her war-chest. Will Shaheen accept donations from insurance giants? One or more of our nation's powerful financial institutions? Harrah's? Exxon Mobil? And is there such a thing as good energy and bad energy (contributions)?