SC State Alumnus invokes Gen. Sherman's burning of Columbia in his response to SC Legislature

Gen. William Tecumseh Sherman, famous litigator

“I want to serve notice to the General Assembly in Columbia,” SCSU Orangeburg alumni chapter Willie B. Owens said. “You thought it was hell when Sherman hit Columbia, but just wait. Within a few days, we're going to file a lawsuit of $500 million on behalf of South Carolina State University.”

Not to take anything away from lawsuits, but I'm pretty sure no one ever said "Litigation is hell".

Richland County Lawyer Arrested: Alleged Motive - To Get a Discount on Gym Membership

Are you freakin' kidding me? 

When I saw the headline that a Columbia-area lawyer had been arrested, my first thought was, "Damn. Probably another lawyer drinking and driving." To my shock, I clicked on the story and read that the guy was arrested for allegedly lying to get a discount on a gym membership.

Wait. What?

I can understand bad decision making. We've all done dumb things. I can understand getting a little carried away and doing something over the line, but I just don't understand petty little crimes of dishonesty. I mean, you go to law school, bust your butt, pass the bar exam, probably have a ton of student debt, and you (possibly) throw it all away for a discount on a gym membership?

Is honor so cheap?

I don't know what ODC will do with this guy, but I'm pretty sure the Supreme Court comes down harder on issues of character than they do on other issues - as they should. I hope that he doesn't lose his licence over this, but I'm afraid that's a possibility.

"The trite saying that honesty is the best policy has met with the just criticism that honesty is not policy. The real honest man is honest from conviction of what is right, not from policy."

                                                                                                     - Robert E. Lee

Revolutionary War Hero Isn't Welcome in Washington, DC

Francis Marion and the famous "sweet potato incident"

One of the members of the Columbia Chapter of the Sons of the American Revolution has been working for years to get a monument of Francis Marion placed in our nation's capital. After going through a long process which included getting the SC Congressional delegation (all of them) to support a law that would authorize the National Parks System to plan for the statue, the President signed the law in 2008 to go forward with the project.

Fittingly enough, there's a small park in DC that is already named "Marion Park" in honor of the man. It also happens to be located along South Carolina Avenue.  Sounds great, right? Accordingly, the NPS thought that putting the monument there would be logical. What could go wrong?

Well, some people don't like the idea of putting a monument of Francis Marion up in Marion Park.

Because of racism, obviously.

A South Carolina plantation owner and slaveholder, Marion fought against the Cherokee Indians during the French and Indian War. In the Revolutionary War, he used the guerrilla warfare tactics he learned from the Cherokee against the British, earning him the nickname “Swamp Fox.”

“They say Francis Marion is a hero, but who is he a hero to?” says Lawrence Smith, 70, who lives about a block from the park. “The first Americans, who he helped wipe out? I bet they don’t feel that he’s a hero. The African-Americans who were kidnapped and brought here in bondage, do they see him as a hero?”

The proposed placement of the Marion memorial is particularly insensitive, says Capitol Hill resident Peter Glick, 53, since the statue would sit in the shadow of the Progress For Christ Baptist Church, which was built by freed African slaves right after the Civil War.

“The people who lived in this area and who went to this church no doubt escaped from people like Francis Marion,” Glick says.

Hey, here's a fun little game. Let's see what happens if we replace Marion (the evil slaveholder) with someone else.

"A South Carolina Virginia plantation owner and slaveholder, Marion Washington fought against the Indians during the French and Indian war."

Yes, this George Washington fellow fought in the Revolutionary War, but he was a plantation owner and slaveholder. Wait, I've just been informed that Thomas Jefferson, the man who drafted the Declaration of Independence, was also a plantation owner and slaveholder as well. Gee, I guess it's a good thing that neither of those two jokers have any monuments in the vicinity.

The sad thing is that Francis Marion fought side-by-side with blacks, whites, friendly Indians, free and slave. It was probably the first integrated fighting force in North America. That's a historical fact. Oh, you didn't know that? Here, let me Google that for you.

But I guess some people like Peter Glick and Lawrence Smith would rather just wallow in their own shallow understanding of history.

South Carolina Charges White Police Officer With Murder for Shooting Unarmed Black Man

Bernard Bailey

Richard Combs

With the grand jury not indicting the officer in Ferguson, and now the grand jury not indicting the police officer in New York City, I thought this story was kind of...topical.

If you hadn't heard, here's the basic fact pattern:

Bernard Bailey had come to the town hall complain about his daughter receiving a ticket for a broken tail-light. At some point, Combs (the police chief) attempts to arrest Bailey for obstruction of justice. As Bailey leaves the town hall, Combs follows him and a struggle ensued near or in Bailey's vehicle. Combs then shot Bailey twice in the chest.

Combs was charged with murder yesterday. Obviously, this is a different fact pattern from what happened in Ferguson, and what happened in New York. However, you have the similarity of a white law enforcement officer's actions resulting in the death of an unarmed black man.

And only South Carolina is going forward with a case.

Just food for thought. 

Veterans Day: 2014

Parris Island Marine Corps Recruits, WWI

Today, we remember all our veterans, but to me, this day seems mostly about remembering the veterans of The Great War.

“The muffled tongue of Big Ben tolled nine by the clock as the cortege left the palace, but on history's clock it was sunset, and the sun of the old world was setting in a dying blaze of splendor never to be seen again.”

― Barbara W. Tuchman, The Guns of August

Election Day: 2014 - You can't vote for me; I'm not on the ballot.

Well, today's the day. Although there aren't really any competitive races in South Carolina, it will be interesting to see what happens around the country. I'll certainly be interested to see how the dynamics of our national politics changes if the entire Congress becomes controlled by the GOP.

I guess the last time we had the Congress controlled by one party and the White House controlled by another was during George W. Bush's presidency. Man, doesn't that seem like a long time ago?

Voting was easy this morning. No delays, no broken machines. I had actually looked at a sample ballot last night, so I knew what to expect. (Yeah, that's kind of a dork move, isn't it?) And once again, I was the youngest person in my polling place again. I'm sure that will change eventually.

Also, there were lots of people running unopposed. What's up with that?

In any event, go vote if you are moderately informed about current events and the news.

I Got "the Smile" on Saturday

This is what happiness looks like

You know that irrepressible smile that a first time shooter gets when they break their first clay target? It's roughly 50% pride and 50% pure joy. You know the look I'm talking about?

Yeah, I got that last Saturday.

I took a non gun-owner friend of mine out to Live Oaks Sportsman's Club over the weekend, and we did some basic shotgun shooting. He had never fired a shotgun before, so we waked through safety and some basics first. After that, we started on just a straight, softly outgoing target. We got a very nice break on his third shot.

And I got that smile.

After a dusting that easy bird got to be fairly routine, my new shooter joked about shooting with a mirror (Annie Oakley Style). At that point, I realized that I had successfully built up his confidence up enough, so I took him over to a skeet field and showed him how it's not quite so easy when you start adding angles into the mix.

We had some fun over there, and turned quite a few pieces of clay into smaller pieces of clay. I absolutely love taking new shooters out. Seeing that smile is great.

Gator Hunting Postgame Analysis and Photo

As I previously mentioned, I went on an alligator hunt this past Friday night. Here's the money-shot:

Five foot alligator just after being harvested near Walterboro, SC

Gator-hunting is a pretty active kind of hunt. You're not just sitting there waiting for a gator to come along. Your actually out hunting for them, as in actively prowling through the marsh looking for them. It's not like deer hunting where you just sit and wait for a deer to walk out in front of you.

Basically, you have to find the gator, hook the gator, let him fight a little so he's tired out, then get him in close to the boat so you can dispatch him with a shot to the head in a coup de grace.

Oh, and gators are kinda tough. This one, after being shot in the head and having his spinal column severed with a knife, still was wiggling his tail and moving his feet thirty minutes later. Point being, gators are really tough animals. It's no surprise that they've been around since the dinosaur times without evolving very much.

If you're a hunter, and you ever get the rare chance to go gator hunting, don't pass it up. I'll be looking for some good gator recipes now.

The Northeast US has lost 40% of its members from the US House of Representatives since 1950

In 1950, the Northeast (from Pennsylvania to Maine) had 141 seats in the House of Representatives. Now, the same region of the country only has 85 seats.

That's quite a loss of power. When you think of how politically powerful the Northeast has been over the history of our country, it's quite astounding to see the shift. You can blame tax rates, weather, culture, or other factors, but whatever the reason, it's clear that fewer people than ever before are living in the Northeast, relative to the rest of the country.

As a South Carolinian, I say that's fine with me.

I like to tell people who move to South Carolina from other places: It's ok if you weren't born a Southerner, as long as you got here as fast as you could.

27 Maps That Explain America

Happy Tuesday. Hope all y'all enjoyed the weekend.

Here are some interesting maps. The one that totally blows me away is this one: Half of America's population lives in the blue-shaded counties. Half.

The next time someone advocates for getting rid of the electoral college, show them this map.

Another map that is particularly nice for South Carolina is this one. Apparently, people are moving here. Not good news for New York and Illinois.

2014 Gamecock Football Prediction

Ok, campers. We are at T-minus six days and counting to the kickoff of the South Carolina Gamecocks 2014 season. As I've done in years past, I'm going to give you a game-by-game prediction for the entire season before it starts.

However, before I get into this year, I'm going to recap my previous predictions, just so you can see how they shook out. All numbers exclude the bowl game. I'm just talking about the regular season.

2011: My prediction was 11-1 . Actual result was 10-2.

2012: My prediction 10-2. Actual result was 10-2.

2013: My prediction was 11-1. Actual result was 10-2.

So, with the exception of 2012, I have a track record of being one game too many too optimistic. I guess that's probably true, as I freely admit my bias towards the Gamecocks. Anyway, here's my 2014 season prediction, for whatever it's worth.

8/28 Texas A&M vs. South Carolina

This game will be the kickoff of the entire college football season. It's a Thursday night game, so the entire college football world will have it's eyes on this game. TAMU will come in ranked at #21, and the Gamecocks will come in ranked #9. This will be a great test right out of the gate for both teams. It's a conference game, so there isn't any tune-up game in week one to work out the kinks. Both teams need to hit the ground running to be successful.

We know that TAMU will have a good offense. Coach Sumlin likes to throw the ball around a lot, so we'll really see how good our secondary is (or isn't) in the first game. Having said that, I think this is going to be a game that has become somewhat of a normal recipie for a Gamecock victory under Spurrier. When confronted with an opponent who likes to throw the ball most of the time and use tempo, look for the South Carolina offense to really grind the clock with a heavy dose of running the ball. I think South Carolina will win the time of possession battle, keep the TAMU offense off the field, and wear down the TAMU defense. The rushing attack will be interspersed with Dylan Thompson throwing some deep balls to keep the Aggie defense honest, but in the end, I see this being a solid win for South Carolina. A&M will be starting a new QB, so look for our defense to try and force some mistakes.

South Carolina 1-0

9/6 East Carolina vs. South Carolina

Once again, the Gamecocks will face a team that likes to thrown the ball a lot, however there will be less talent on the ECU compared to TAMU. I think the Gamecocks will play fairly conservatively, keeping the ball on the ground and controlling the tempo of the game.

South Carolina 2-0

9/13 Georgia vs. South Carolina

This game. It's always big. Barring some crazy injuries to one of the teams, this game will be a dead heat in Vegas. Big implications here. Both teams will probably come in undefeated, which makes it a top ten match-up. ESPN College Gameday will probably be here for this game.

Both teams will try to run the ball, and Georgia will certainly have success doing so with their big horse in the backfield. This is already set for the 3:30 CBS game, so it's going to be a day game. I'd prefer a night game, but the atmosphere will be electric anyway. I think this one is going to come down to a turnover or two, because these teams are so evenly matched. You could really pick this one either way, but since the game is being played in Columbia, I'm going to take the home team in  a very close game.

South Carolina 3-0

9/20 South Carolina at Vanderbilt

This will be the first road game of the season for South Carolina, and this I'll actually be making this trip. I've been meaning to cross Vanderbilt off my list of SEC stadiums to visit, so I'll be doing that for this game. (Only Knoxville and Missouri will remain on my list in the SEC East.) Vanderbilt is plucky, has gotten better over the years, but so has South Carolina. I think South Carolina will go into their first road game with some confidence having edged past Georgia (or alternatively, fired up having lost to Georgia). Either way, I think South Carolina wins by two scores in Nashville.

South Carolina 4-0

9/27 Missouri vs. South Carolina

Revenge will be on the minds of the Missouri Tigers, since South Carolina absolutely broke their heart last year in a 2OT game, that culminated in a missed Missouri field goal. I don't know how good Mizzou will be this year. No one really predicted them to be good last year, but they were. I think that maybe Mizzou will come down to earth a little, and I think that the South Carolina defense will get the best of Matty Mauk. I predict two INTs for the Gamecock defense to set up short fields for the offense.

South Carolina 5-0

10/4 South Carolina at Kentucky

The second road game takes the Gamecocks to Lexington, Kentucky to take on the Wildcats. This ain't basketball, so South Carolina wins easily.

South Carolina 6-0

10/18 Furman vs. South Carolina

Spurrier won't let the team lose focus against Furman. He's undefeated in his career against FCS teams for a reason - he treats every game the same. Furman won't be any different. Look for USC to get an early lead, and then take out all the starters in an effort to avoid any injuries. Big game next week on The Plains.

South Carolina 7-0

10/25 South Carolina at Auburn

This will be the toughest game of the year so far. I would rank Auburn on par (or slightly better than Georgia) and when you throw in the fact that it will be on The Plains, this game has trouble written all over it. South Carolina has never beaten Auburn since joining the SEC, and I don't think this will be the game that snaps that streak. I think the Auburn rushing attack will be relentless, and ultimately, too much for the Gamecocks to handle. Unless Auburn makes some big mistakes they win this one.

South Carolina 7-1

11/1 Tennessee vs. South Carolina

This will be a revenge game for South Carolina. Had the Gameocks not lost to Tennessee last year, they would have gone to Atlanta. However, the clunker of a game in Knoxille last year had the Gamecocks watching the SEC championship game like the rest of us - on TV. Now, I look for the Gamecocks to pounce on Tennessee and extract vengeance.

South Carolina 8-1

11/15 South Carolina at Florida

I think Georgia will still only have one loss at this point (to South Carolina), so this will be the chance for the Gamecocks to punch their ticket to Atlanta with a win. We did exactly that in 2010 behind Lattimore and Garcia. I don't know what this Florida team is really going to look like, but I know the Florida defense is going to be nasty. This could be a low-scoring slugfest, which suits Muschamp just fine. While I'd really like to pick this as a win, my head says that Florida will hold serve at home behind the Gator faithful. I think South Carolina will make a few crucial mistakes and lose by one score.

South Carolina 8-2

11/22 South Alabama vs. South Carolina

The Gamecocks come home for a game against an FBS opponent this week. Coming off a loss to Florida and looking ahead to Clemson, they'll need it. A workmanlike win that should see lots of time for the backups.

South Carolina 9-2

11/29 South Carolina vs. Clemson

Look y'all. Clemson had the best chance to beat us (for a long while) last year and the year before that. Two years ago, Carolina started Thomson as a backup (without Lattimore), and beat Clemson up in Death Valley. Last year, Clemson had a great team, but still couldn't win. This year, Dylan Thompson returns to Death Valley to see if he can be one of the few Gamecock QBs to win two games in Death Valley.

He will. The streak will continue. Six in a row.

South Carolina 10-2

Post-Season/Final Thoughts

I'm not sure if 6-2 will be enough to win the East. I could see Georgia losing only one game. Heck, I could see Florida losing only one conference game. All I can tell you is that which ever team wins seven games will take the division title. I think seven is the magic number. If South Carolina finds a way to slip past Auburn or Florida on the road, then I think we'll get to Atlanta. I just don't think we can lose both of those games and make it to the Georgia Dome at the end of the year. That will be somewhat disappointing, but 10-2 with a sixth straight win over Clemson is enough to keep this Gamecock fan very happy.

Newberry Man Married to Four Different Women - All at the Same Time

Newberry County Sheriff James Lee Foster said between 1988 and 2013 Pixley engaged in a “matrimonial crime spree” and married four different women without the benefit of divorcing any previous wives.

Why would he want to do such a thing?

Protip from Permanent Press: Having one wife at time is probably a good guideline to follow - for your own protection.

Read more here: http://www.thestate.com/2014/08/13/3617691/sheriff-newberry-county-man-engaged.html?sp=/99/205/&ihp=1#storylink=cpy

Same Sex Couples Apply For Marriage License in Greenville County

Remember my post about the 4th Circuit's decision that overturned Virginia's same-sex marriage ban? If you don't you can see it here.

Well, it didn't take long for same-sex couples in South Carolina to read the tea-leaves. Yesterday, couples lined up for marriage licences in Greenville County. My guess is that they know they'll be denied, and this will form the basis for their suit, which would likely be successful.

Two Recent Civil Rights Victories and Implications for South Carolina

Last Thursday, the United States District Court for the District of Columbia struck down what was essentially a blanket ban on carrying a handgun in DC. [Opinion here]

Basically, DC let you have a handgun in your home for self-defense, but DC had a longstanding ban on possession of a handgun outside of your home. The relevant part of the opinion is here:

In light of Heller, McDonald, and their progeny, there is no longer any basis on which this Court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny. Therefore, the Court finds that the District of Columbia’s complete ban on the carrying of handguns in public is unconstitutional.

Frankly, I'm not sure if this means you can openly carry in DC or not. The ruling doesn't say what an individual can do - it only says that the District cannot enforce it's existing laws until the District sets up a Constitutional licensing system. I think to be safe, you would probably not want to carry openly. To me, that's just asking for unnecessary heat.

Also, note: this opinion doesn't touch the specific bans on carrying into specific places like the Capitol grounds, government buildings, etc. Those prohibitions are still legal.  Finally, this ruling prohibits the District from applying the law to non-residents based solely on the fact that they are non-residents. Once a licensing system is set up, I think this will change.

In an update, the District is asking for a stay of this ruling while they either appeal to the next level and/or work to put together a licencing system.

ALSO...IN OTHER CIVIL RIGHTS VICTORIES

Yesterday, a three judge panel at the U.S. Court of Appeals for the Fourth Circuit upheld (2-1) the trial court's decision to strike down Virginia's ban on same-sex marriage. [Opinion here]

This is important because the 4th Circuit covers South Carolina. That means there is now established precedent in our federal circuit for invalidating state laws prohibiting same-sex marriage. I would be very surprised if Plaintiffs from South Carolina are not already in the process of bringing an action. Based on this ruling, I would be surprised if South Carolina's law survives.

To sum up, same-sex marriage advocates and gun-rights advocates both had good days in court, while governments seeking to abridge the rights of citizens had bad days in court.

More freedom is a good thing. As Instapundit says, "in my ideal world, happily married gay couples would have closets full of assault weapons."

With these two decisions, we're one or two steps closer to that now.

Uber Comes to South Carolina, Bringing Controversy

Uber is here in South Carolina, but state regulators aren't on board.

I'm a free-market guy, so I'm in favor of letting people engage in commerce without the state getting involved. I'm not 100% sure how the liability insurance works, but if it's a good product people will use it. If it's not, people won't use it. If you're not worried about Uber being "regulated" by the State of South Carolina, should you be free to use them? Is that a crime?

Also, how much of this controversy is simply disguised protectionism of the taxi industry?

I'm content to let the market sort it out. Anyone out there strongly for or against regulating Uber drivers?

Is This a Thing?

Todd Kincannon is suing the Office of Disciplinary Counsel in federal court.

Is this a thing? It could be. Or is it just a stunt?

I don't know Todd Kincannon, other than what I've seen on Twitter. He certainly pushes the limits of propriety in his political speech. But not everything has to be everyone's cup of tea. He seems to relish political confrontation.

However, filing a complaint in federal court isn't something you just do for kicks or as a stunt.

Before forming any sort of opinion at all, I'll be interested to see what the defendants' response is to the complaint.

via Insty

Friday Morning Good News Only Headlines

Happy Friday.

Medal of Honor recipient, Corporal Kyle Carpenter

Since it's Friday, here are some of the positive and uplifting headlines I'm seeing this morning. (I'm not going into all the negative stuff.)

1. Lexington, South Carolina's own Kyle Carpenter received the Medal of Honor yesterday. He intentionally threw himself on a grenade to save his buddies. You can see the official citation here.

2. Gun manufacturer thriving since moving to SC from CT, and will be issuing a commemorative SC rifle to say "thank you" to South Carolina.

3. 1964 Jaguar E-Type found in pristine condition in "nearly pristine condition" in a barn.

4. Oh, and Kate Upton has apparently made a cameo in a country music video. In case you're into country music...or whatever.

How Do You Correctly Pronounce "Certiorari"?

Even the Justices of the US Supreme Court can't agree.

Yet another sign of a divided U.S. Supreme Court: The justices cannot even agree on how to pronounce the word “certiorari.”

A new and somewhat whimsical research article reveals that justices are “profoundly divided” into at least six camps on the proper way to say that Latin word.

“There was only one point of unanimous agreement,” legal scholar James Duane wrote in the latest edition of The Green Bag legal journal. "They all pronounce the beginning of the word “ser,” presumably because of its obvious resemblance to certain."

I'd be interested to see how the South Carolina Supreme Court Justices come down on pronouncing it. I think we would certainly say it a little more slowly and maybe let the ARRR sound lengthen out a little bit, softening and rounding out the word.

Sounds like a good research project for a law clerk.

Monday Morning Coffee and Headlines

Happy Monday.

MORE REGULATION IS ALWAYS THE ANSWER. DOT wants to regulate navigation devices in cars.

ANSWERING THE IMPORTANT QUESTIONS. Han Solo admits he shot first.

Something is being touted as a major job announcement in Chester. Looks like Nikki Haley will be there to make some sort of big press release.

Open Thread - In Pageland for Court For Rest of Day

Talk about whatever. FYI, when you search Pageland, SC on Google Images, this is one of the first ones you get:

Seems like a friendly place.