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Mom and Dad Are Watching [25 Jun 2015|10:30am]

Get Dear Prudence delivered to your inbox each week by signing up in the box below. Please send your questions for publication to prudence@slate.com. (Questions may be edited.)

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The Genius of the Super Mario Bros. “Game Over” Theme [25 Jun 2015|12:30pm]

Several passages in this article are adapted from Koji Kondo’s Super Mario Bros. Soundtrack, out now from Bloomsbury’s 33 1/3 series.

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Supreme Court Breakfast Table [25 Jun 2015|01:19pm]

Dear Walter, Judge Posner, Marty, Mark and Kenji:

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Free Willie [25 Jun 2015|01:31pm]

You show me yours, and I’ll show you mine.

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Supreme Court Breakfast Table [25 Jun 2015|03:54pm]

The most important thing about Thursday’s ruling in King v. Burwell, of course, is that critically important health insurance subsidies are saved for more than 6 million Americans. And that, in turn, will save the functioning of the health insurance market in states across the country. But I have a more parochial observation: This may be the greatest Supreme Court term any solicitor general has ever had. 

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Supreme Court Breakfast Table [25 Jun 2015|04:10pm]

Everybody,

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Truman Defeats Dewey, an Upset for the Ages [25 Jun 2015|04:10pm]

Listen to Episode 12 of Whistlestop:

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DoubleX Gabfest: The Cover Up in Summer Edition [25 Jun 2015|04:31pm]

Become a fan of DoubleX on Facebook. Leave us love letters and see what other listeners are saying about the Gabfest. Send us an email to doublexgabfest@slate.com.

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The Atlantic Slave Trade in Two Minutes [25 Jun 2015|04:41pm]

Usually, when we say “American slavery” or the “American slave trade,” we mean the American colonies or, later, the United States. But as we discussed in Episode 2 of Slate’s History of American Slavery Academy, relative to the entire slave trade, North America was a bit player. From the trade’s beginning in the 16th century to its conclusion in the 19th, slave merchants brought the vast majority of enslaved Africans to two places: the Caribbean and Brazil. Of the more than 10 million enslaved Africans to eventually reach the Western Hemisphere, just 388,747—less than 4 percent of the total—came to North America. This was dwarfed by the 1.3 million brought to Spanish Central America, the 4 million brought to British, French, Dutch, and Danish holdings in the Caribbean, and the 4.8 million brought to Brazil.

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Don’t Blame the Victim [25 Jun 2015|04:42pm]

Of course (of course!) lawmakers and headlines are referring to the Office of Personnel Management hack as a “cyber Pearl Harbor.” What we do best in the aftermath of a cybersecurity incident is analogize it to something else, preferably something deadly, in catastrophic language. (It’s not unlike what we do in the build-up to a big snowstorm.) What we do worst in the days and months following a major breach is place blame—figure out whom to hold responsible and how to learn from our mistakes in a constructive way.

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Supreme Court Breakfast Table [25 Jun 2015|04:44pm]

Dear Judge Posner, Walter, Kenji, Mark, and Marty,

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A Wheel Deal [25 Jun 2015|04:54pm]

In the past six years, the Obama administration has made a major effort to reduce the negative impact of the ways we get around on the planet, requiring major fuel economy improvements for passenger cars and trains, with planes soon to follow. Now, it’s trucks’ turn to slim down.

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Supreme Court Breakfast Table [25 Jun 2015|05:00pm]

Everybody,

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The Atlantic Slave Trade in Two Minutes [25 Jun 2015|05:35pm]

Usually, when we say “American slavery” or the “American slave trade,” we mean the American colonies or, later, the United States. But as we discussed in Episode 2 of Slate’s History of American Slavery Academy, relative to the entire slave trade, North America was a bit player. From the trade’s beginning in the 16th century to its conclusion in the 19th, slave merchants brought the vast majority of enslaved Africans to two places: the Caribbean and Brazil. Of the more than 10 million enslaved Africans to eventually reach the Western Hemisphere, just 388,747—less than 4 percent of the total—came to North America. This was dwarfed by the 1.3 million brought to Spanish Central America, the 4 million brought to British, French, Dutch, and Danish holdings in the Caribbean, and the 4.8 million brought to Brazil.

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Get Limited Availability Pre-Show Tickets to Slate’s Political Gabfest Event in DC [25 Jun 2015|05:46pm]

Before the July 29 live taping of the Political Gabfest at the Sixth & I in DC, hosts David Plotz, John Dickerson & Emily Bazelon will be in attendance at a private happy hour—and as a Slate Plus member, you get exclusive access to our presale, as well as 30 percent off your ticket purchase.

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Get Limited Availability Pre-Show Tickets to Slate’s Political Gabfest Event in D.C. [25 Jun 2015|05:46pm]

Before the July 29 live taping of the Political Gabfest at the Sixth & I in D.C., hosts David Plotz, John Dickerson, and Emily Bazelon will be in attendance at a private happy hour—and as a Slate Plus member, you get exclusive access to our pre-sale, as well as 30 percent off your ticket purchase.

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The Confederate Flag Doesn’t Belong in a Museum [25 Jun 2015|06:12pm]

In the aftermath of the shooting in Charleston, South Carolina, that claimed the lives of nine parishioners at the Emanuel African Methodist Episcopal Church, politicians from both sides of the aisle have called for the Confederate flag that flies on the grounds of the South Carolina state Capitol to come down. A common theme of these calls to lower the flag has been the suggestion that this symbol of America’s racist past belongs not on a flagpole on public land but in a museum. Rand Paul and Bernie Sanders, Jeb Bush and President Obama all have called for the flag to be retired to a museum.

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The Unvarnished Nerd [25 Jun 2015|06:19pm]

Real misfits—disturbing, unappealing, unlovable misfits—make for poor Hollywood protagonists. It takes some faith to inject a genuinely alienating hero into a film or TV show. But ever since the broader world of tech has gained a whiff of cool over the past decade or so, Hollywood’s portrayals of hackers, programmers, and other screen-strapped geeks have tended to sugarcoat the frequently unvarnished and even unappealing aspects of a culture that prides itself on not caring about the mainstream. I’m not bemoaning the lack of shy nerds with hearts of gold here, but of awkward and even abrasive characters who talk too loudly, can’t follow conversational cues, transgress boundaries obliviously, and harbor conspiracy theories or other unappealing ideas—like a lot of actual hackers out there. We forget that people detest savant types for reasons beyond their smarts, and a lack of social graces is one of them.

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Conservatives Should Be Happy About Losing King v. Burwell [25 Jun 2015|07:34pm]

The Supreme Court’s King v. Burwell ruling comes as a relief to Obamacare’s defenders. But it should also come as a relief to those who want to see it repealed and replaced. I happen to believe that the plaintiffs in King v. Burwell were right on the merits. Justice Antonin Scalia’s dissent makes more sense to me than Chief Justice John Roberts’s majority opinion. As a political matter, however, King v. Burwell would have left Obamacare’s opponents in an extremely precarious position for the simple reason that conservatives in Congress had failed to coalesce around a coherent post-King strategy in the months preceding the decision.

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What We Like Right Now [25 Jun 2015|08:22pm]

Curious about what we’re digging? What We Like Right Now is a curated recommendations list from Slate editors and writers, just for Slate Plus members.

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Supreme Court Breakfast Table [25 Jun 2015|08:26pm]

Justice Antonin Scalia’s most significant legacy on the Supreme Court has not been in any area of constitutional law but with respect to statutory interpretation. His campaign against legislative purposivism—the theory that statutes should be construed to reflect the legislature’s purpose, or intent, to oversimplify things—and his commitment to formal, textualist modes of interpretation have had a profound effect on how litigants brief and argue cases to the court. (For those of you too young to recall how things used to be done, I’d offer as Exhibit A the fantastic 1979 brief my colleague Michael Gottesman filed in Steelworkers v. Weber, which included fully 50 pages of detailed, subtle exposition on the complex history and context of the 1964 Civil Rights Act—a narrative that the court largely embraced in its surprising decision in the case. No serious SCOTUS advocate in this generation—including Michael—would think of doing anything remotely similar today.)

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Supreme Court Breakfast Table [25 Jun 2015|08:32pm]

Marty,

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Is the “Five-Second Rule” Baloney? [25 Jun 2015|08:48pm]

Listen to Episode 285 of Slate’s The Gist:

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Go and Pollute No More [25 Jun 2015|09:01pm]

In the rush to politicize Pope Francis’ encyclical on the environment, most media outlets focused on the reactions of two high-profile conservative American Catholics: Jeb Bush and Marco Rubio. While it’s true that U.S. Republicans are absolutely critical for truly bold global action on climate, they’re not who the pope was primarily talking to.

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“That’s Why We Do What We Do” [25 Jun 2015|09:13pm]

When President Obama heralded the Supreme Court victory for the Affordable Care Act on Thursday, he circled back to his fundamental vision of politics. “That’s when America soars, when we look out for one another, when we take care of each other,” he said. “That’s why we do what we do. That’s the whole point of public service.” President Obama has faced a series of existential threats to his health care law, from the original votes, to the elections of 2010, 2012, and 2014, to the two Supreme Court cases. Whenever he’s found himself in one of these moments, he’s returned to the wellspring of his public service, to the idea that Americans are at their finest when they’re protecting one another. Perhaps his most compelling expression of the idea came in the pitch he made five years ago on the eve of the ACA vote, in what remains the most emotional pitch the president has ever made for the legislation. He quoted Lincoln: “I am not bound to win, but I am bound to be true.” In other words, it might be politically risky, but politicians had to be true to themselves, and to the people they’d pledged to serve.

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Unacceptable Impact [25 Jun 2015|09:42pm]

On Thursday, in a 5–4 opinion  written by Justice Anthony Kennedy and joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan, the Supreme Court held that the 1968 Fair Housing Act—passed in the wake of Martin Luther King’s assassination, huge riots, and urban destruction—allows federal action against “disparate impact” as well as overt discrimination. This ruling not only affirms an essential tool in combating racial discrimination, it upholds the view that racial disparities are a national problem that the government ought to combat.

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Supreme Court Breakfast Table [25 Jun 2015|09:59pm]

Thursday’s blockbuster opinion in the Texas Department of Housing and Community Affairs v. Inclusive Communities Project case will be primarily and justly remembered for interpreting the Fair Housing Act to include a disparate-impact cause of action. In anti-discrimination law, “disparate treatment” requires an intent to discriminate, while “disparate impact” can allow a plaintiff to win even in the absence of discriminatory intent. For instance, if an entity has a policy that disproportionately affects a protected group, it has to justify that disparity even in the absence of any allegation of discriminatory intent. If it cannot produce such a justification, it will lose. As many progressives have already noted, this interpretation of the FHA is a big win, as discriminatory intent is often difficult to prove.

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Supreme Court Breakfast Table [25 Jun 2015|10:07pm]

Marty, I think your observation about the extent to which the King decision is a kind of referendum on Justice Antonin Scalia’s brand of textualism is incredibly insightful. I also find myself wondering if any of you were struck by the tone of the Scalia dissent; it’s getting a lot of attention for the whole “argle bargle 2.0” verbiage (Applesauce! Jiggery Pokery! SCOTUScare!) but is there something else worth saying about it?

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