Karen Minty may have survived ‘You,’ but she still got shafted

A lot of people have been talking about You. It’s hard not to. Ever since the show moved from Lifetime to Netflix and thus was made available for binge-watching, the ballsy dramedy about a homicidally obsessed bookstore manager and the unremarkable bore he follows until she loves him has sparked conversations about toxic masculinity, rom-com tropes, and how completely fucking awful every single character on the show is. 

All but one. No, not Peach Salinger. She sucks too. The only remotely likeable person on You is Karen Minty. 

SEE ALSO: Netflix’s ‘Sex Education’ finds the humanity in awkward teen sex

Karen Minty has the unfavorable luck to be the rebound girlfriend protagonist and stalker-psychopath Joe dates after Beck, the true object of his dangerous obsession, dumps him. Karen is everything Beck isn’t, which is to say she’s an interesting, self-assured woman with a job and readily observable positive qualities. 

In the short 45 minutes that showcase Karen as a character, she is an excellent girlfriend to Joe (who, just as a reminder, is an irredeemable murderer). She organizes his books, she helps him take care of his young neighbor Paco, and she literally saves her friend Claudia’s life while Joe hops off a dock to have gross ferry bench sex with Beck.

When Beck, high off whatever infidelitous fumes fuel her misplaced superiority complex, comes for Karen at a party, she fails at putting a single dent in Karen’s self-confidence. Karen is composed. Karen is elegant. And Beck still wins the guy (horrible guy, but bear with me) with a few blonde lady tears. 

In the grand scheme of You, Karen is the luckiest character on the show. Joe dumps her, she takes it well, she gets the last word with both Joe and Beck and more importantly, she survives Joe’s murderous impulses. But it’s still hard to stomach the way her character is treated in her mini-arc. Karen’s survival is predicated less on her getting lucky and more on her being considered boring and expendable compared to the allegedly fascinating pairing of Joe and Beck.

Karen is subject to denigration from every corner of You from the moment she shows up. Joe treats her well enough as a boyfriend, but his internal monologue reveals that while he is with her, he’s looking at Beck’s social media. He refers to Beck as his drug and Karen as his “methadone,” reducing her to an object he’s using to wean himself off the thing he actually wants. By the time Beck shows up drunk at a party and calls her “Little Karen Minty,” Karen would be well within her rights to wind her arm back and slap the shit out of pretty much everyone in the room — and yet she doesn’t. 

Yes, it’s the point of the show that Joe and Beck are both destructive people on wildly different levels, but it’s still fucked up that one of the only characters of color on the show and specifically a black woman is treated like a means to an end. While Karen is clearly a better person than anyone else in Joe’s immediate social circle, she maintains the status of a consolation prize compared to the golden, shining shitbird that is Guinevere Beck. 

While Karen is clearly a better person than anyone else in Joe’s immediate social circle, she maintains the status of a consolation prize compared to the golden, shining shitbird that is Guinevere Beck. 

Even the writers don’t seem to know exactly what to do with Karen Minty. In the scene where Joe breaks up with her, she unceremoniously packs her things and silently prepares to leave his apartment. It’s honestly kind of a badass move, until at the last minute she pauses and remembers to grab her curling iron from his bathroom. 

There is no universe under the sun where a black woman with natural hair, as Karen is, would keep a curling iron in her boyfriend’s bathroom. It’s unlikely as hell that she would have one at all. That one line reeks of the possibility that whoever wrote that line was not thinking at all of the realities of a black character’s hair and just…kept the line in there after casting the beautiful and naturally coiffed Natalie Paul. 

It’s common for black women characters to be treated as inconsequential or lesser than the white protagonists or love interests on their respective shows. The Good Place started out Season 3 by introducing Simone, a smart and well-matched black love interest for lead character Chidi Anagonye and completely phased her out in favor of pairing Chidi with Eleanor, who may or may not be his “real” soulmate. More egregiously, Fox’s Sleepy Hollow teased a romance between its leads Ichabod Crane and Abbie Mills for three seasons before killing her off (and dooming the show to explore even further depths of mediocrity before its cancelation).

It’s not enough for a show like You to simply have black characters and love interests when those characters are pawns in their own narrative. It’s fucked up for writers to not consider the optics of marking their black love interests as more expendable or less worthy than their white ones, even with the context that in You, nobody should be dating Joe at all. 

Now that both of the black women on the show are out of the picture and dead, respectively, it’s up to You to course-correct in its second season with regards to how it treated Karen Minty. Karen deserved better than Joe, but she also deserved better than to be seen as second-best by a second-rate sociopath. She really was the only character on the show worth rooting for. Give Ms. Minty her props. 

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Dear significant others: Please let us watch our shows alone

In Binged, Mashable breaks down why we binge-watch, how we binge-watch, and what it does to us. Because binge-watching is the new normal.


Dearest [beloved/honey pie/boo/bae], 

There’s something I need to discuss with you, something that’s been tearing me apart for a while. It’s hard to talk about, especially given how many [weeks/months/years] we’ve spent cuddling up  together. Still, I believe in us. There may be some heated discussion about the details, but in the end I am positive that we’re emotionally mature enough to come to some sort of mutually beneficial arrangement. 

Darling, I think it’s time we started seeing other TV shows. Separately. Alone. 

Please, don’t think of this as some kind of judgment on our couch-based relationship. There’s nothing I love on a cold winter’s evening more than snuggling up with you and our [puppy/kitten/stuffed animal/small human], building a little fort out of pillows and blankies, [making popcorn/nuking the last of that great takeout], retrieving the remote from its traditional burial place somewhere deep in the  cushions, and blasting through a season of our show — you know, the one we started watching when we first got together. 

That doesn’t have to change. I promise that I will never, ever, watch a new episode of [The Good Place/Doctor Who/Better Call Saul/Great British Baking Show/etc.] without you at my side. That’s our show, and it’s sacred. 

And of course, when [Game of Thrones/The Walking Dead] returns this [April/February], I will wait until you’re ready to watch the latest episode — and solemnly swear off social media in the meantime. (Okay, there’s a little self interest in that one; I really need to hold your hand in case of unexpected favorite character death.) 

But beyond that, well, we need to talk about how many shows are really ours. Remember that time I started watching [Parks and Rec/Atlanta/Girls/Sons of Anarchy/Outlander/The Crown/Jane the Virgin] out of curiosity, or because people at work keep mentioning it? And you came into the den halfway through episode 2 or 3 and decided you liked it, too? 

That’s not really our show, not by default. It’s my show, I was watching it for watercooler cred purposes, then you piggybacked on it, slowing my progress through those long seasons way the heck down. I’m happy you’re enjoying it as well, but we never had the discussion about officially watching it together. 

So really, you had no right to pout and give me the sad eyes just because I snuck in a quick episode while you were at [the gym/the dog park/band practice]. No fair making me feel like I cheated on you! I mean, almost nothing happened in that episode! 

Here’s the thing: We both know there’s more good stuff to watch today than in all of TV history. They talk about the Golden Age of television; perhaps we should call it the Golden Glut. There’s way too much to get through just to feel like you’re a functioning member of society, conversant in modern culture, able to hold your own at a dinner party. 

I mean, I’m in my [20s/30s/40s] already, and I find myself wondering things like “am I going to die without ever having made it all the way to the end of [Buffy the Vampire Slayer/Breaking Bad/The Wire]?”

Not that you intended this, of course. But my Netflix queue has become a stagnant pool of shows that I don’t feel comfortable watching alone because it might piss you off, or shows that I’m wary to even start watching because you might want to piggyback on them. The more my friends recommend shows I absolutely must watch, the larger and more stagnant this pool grows.

Now, on those evenings when you’re [working late/out with friends] and it’s just me and the remote, I find myself watching some inoffensive and relatively mindless network show like [CSI/Real Housewives/Grey’s Anatomy/Gotham/Good News], just because there’s less of an expectation that we watch that sort of thing together. If it happens to be broadcast live, I can get away with watching it alone, it seems. 

Which is fine, but sometimes I get to the end of the [45 minutes/1 hour with ads] and wonder what the hell I just watched. That’s the way our parents’ generation lived: TV as wallpaper. I believe we can and should do better. Life is short, and I’d like us to practice more intentional, mindful viewing. 

To that end, allow me to propose three fair and flexible rules for our TV relationship:

1. Classic shows are fair game. If a given show has ended, or was cancelled, there’s no way we can catch up and get to the best part of being a fan — watching it together [weekly/when a new season drops]. If one of us starts watching [The West Wing/The Sopranos/The Office], the default position is that we get to watch it without the other. 

If there are classic shows you’ve been longing to screen for me because you want to see my reaction, speak now or forever hold your peace. Maybe we should make a laminated list, like they did on that episode of Friends. (And maybe Friends should be on that list!) 

2. More remote or time-shifted viewing. If you or I go away on a business trip, that doesn’t have to stop the flow of our favorite shows. We can watch at the same time, maybe with each other on FaceTime, maybe just texting our reactions back and forth. I’d love that!

Or, given increasingly hectic schedules, we can watch at our own pace — screening the same episode at different times in the evening, maybe even on different days. The caveat here, of course, is that we pledge not to discuss spoilers until we’re caught up. A deep, mature long-term relationship should be able to handle this sort of thing. 

3. If one of us spends most of our time second-screening, it’s no longer our show. Admit it — there was that time we were watching [Battlestar Galactica/Westworld/Seinfeld], and you were looking more at your smartphone than you were at the TV screen. 

Not that there’s anything wrong with that! It seems most of us actually enjoy second-screening, as it is usually called. (We enjoy it so much, according to a new study by marketing firm a.ki, that 59 percent of people are actually more receptive to mobile ads when the TV is on in the background). 

But to the extent that second-screening is an expression of mild disinterest in the show on offer, I suggest we also count it as a vote that we watch it alone going forward. 

4. We only watch the best episode together. One boon of the Golden Age of TV: Even though there’s more to see, there are more guides to shows available online. If we start watching some monster of a show that lasts six seasons or more, chances are there’s a website that will tell us which ones we can happily skip

If we agree on this list beforehand, that gives us much more room to maneuver! I can be a completist, watching every single episode and catching you up on details you missed, and you can have the confidence that I won’t blast past an important, plot-rich masterpiece without you. Or vice-versa. Everyone wins. 

If we get this right, a degree of independence in our viewing will actually benefit us as a couple. Suddenly we have twice the amount of labor to plough through the endless fields of golden TV. If we’re at a dinner party and someone asks me what I thought of [Deep Space Nine/Deadwood/Downton Abbey], and I haven’t seen it, there will be more of a chance that you have. I’ll squeeze your hand, you’ll take over the conversation, and my cultural ignorance will go undiscovered. My hero!

Thank you for understanding. 

With all my heart,

Your couch companion.

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M. Night Shyamalan got a brutal reaction from his dad when said he was going to film school

M. Night Shyamalan’s dad is so proud of his son these days that he apparently pays for everything — even gum — with a credit card — just so people will see his last name.

But it wasn’t always that way. Back when a young M. Night Shyamalan first broke the news of his showbiz career plans to his family — who are all doctors — his father wasn’t exactly impressed.

“My dad was watching a hockey game and I said, ‘Dad I applied to NYU film school, I got in as a scholarship, and I’m gonna go’, and he didn’t even look at me,” Shyamalan tells Stephen Colbert in the clip above. “He just kept watching the game.”

Still, at least it all worked out in the end.

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Blast in northern Syrian town targets US soldiers: reports

A suicide bomber targeted an American military patrol in the northern Syrian town of Manbij, leaving casualties, news reports say.

The Britain-based Syrian Observatory for Human Rights and the Kurdish-led Manbij Military Council, which administers the town, said the blast occurred near a restaurant on Wednesday, killing seven civilians and a US serviceman.

Al Jazeera contacted the US military for confirmation but no telephone or email response was received by time of publication.  

A witness told Reuters news agency the suicide attacker targeted an American patrol and the Manbij Military Council said on Facebook there were also troops wounded.

Turkey’s state-run Anadolu news agency said wounded US soldiers were transferred to a hospital by helicopter.

The attack comes as the US begins the process of withdrawing about 2,000 troops from Syria.

Last month, US President Donald Trump’s withdrawal announcement surprised many politicians in Washington as well as Western and Kurdish allies fighting alongside the US against the Islamic State of Iraq and the Levant (ISIL, also known as ISIS) group.

Trump’s decision was initially expected to be carried out swiftly, but the timetable became vague in the weeks following his announcement.

SOURCE:
News agencies

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John Boyega posts very teasing photo from the set of ‘Star Wars: Episode IX’

A little early to begin teasing fans about 'Episode IX,' don't you think, John?
A little early to begin teasing fans about ‘Episode IX,’ don’t you think, John?

Image: Getty Images for New York Magazi

2018%2f10%2f17%2f52%2flauraps.2264fBy Laura Byager

At this point we really don’t know much about the next instalment in the Star Wars saga. Apart from the cast and the release date (Dec. 20, 2019) Episode IX is still very much shrouded in mystery.

But John Boyega just gave us a tiny sneak peek from the set of Episode IX. Boyega shared a photo on Instagram showing his hands after a day of shooting. Along with the photo, Boyega wrote a pretty teasing caption.  

SEE ALSO: 10 movies we can’t wait for in 2019

“Great working day on set,” Boyega wrote. “The whole team pushed themselves today to achieve something visually crazy! I’ve had many moments of shock on set but not like today and I can’t wait until you know why.”

Boyega added the hashtag #FN2187, referring to the name of Boyega’s character in Star Wars, now known as Finn, answered to when he served as a stormtrooper in the First Order. 

In the photo, Boyega’s hands look very rough and dirty, and there’s a pretty big drop of what appears to be blood on his left thumb. 

Let’s just hope it’s not Finn’s own blood…

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Abbi Jacobson and Ilana Glazer say the final ‘Broad City’ episode ends in tears

In what is arguably the worst news we’ve ever heard, Broad City is coming to a close at the end of the fifth season. It’s hard to know what life will be like without Abbi and Ilana gracing our screens with their antics. 

Abbi Jacobson and Ilana Glazer — the creators and stars of the show — spoke to Jimmy Kimmel about how they feel about Broad City drawing to a close. 

Jacobson said that one of the weirdest things was no longer gathering material to write the script. For the past ten years, the pair have had a Google Doc featuring anything that happened to them that they could work into the plot of the show. Glazer said that no longer having that spreadsheet means they’re now “forced to be present and enjoy life and the moments for what they are.” 

So, what was it like shooting that final scene? Glazer said the show ends with Abbi and Ilana “hysterically crying on a sidewalk in Queens”. But it wasn’t just the characters crying, Glazer and Jacobson were actually crying real tears in that final scene. And, apparently the crew was as well. 

Great, now we’re crying too. 

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Comfort bingeing TV shows is one of life’s more transcendent pleasures

The comfort binge is here to make you feel good. Let it do the work.
The comfort binge is here to make you feel good. Let it do the work.

Image: MASHABLE COMPOSITE; NBC/UNIVERSAL, NICKELODEON, CBS PHOTO ARCHIVE/GETTY IMAGES

2018%2f05%2f15%2f8e%2fhttps3a2f2fblueprintapiproduction.s3.amazonaws.com2.b03bfBy Alexis Nedd

In Binged, Mashable breaks down why we binge-watch, how we binge-watch, and what it does to us. Because binge-watching is the new normal. 


Imagine a day where you have nothing better to do. Your bed is made, your bathroom counters are wiped. There’s food in the fridge and your calendar is completely devoid of obligations both work and social. In front of you, a television. You’re not going to watch anything new today. You don’t want to sit through a movie. That would give you too much to think about. 

What TV show do you put on?

The TV show people turn to in their coziest, laziest, or most bored moments is their Comfort Binge. Engaging in the comfort binge can barely be classified as seeking entertainment, it’s more of an attempt to let familiar voices, beats, and plots flow through pre-made grooves on an exhausted brain. The comfort binge is about minimizing effort while maximizing pleasure, and while some people’s comfort binges might not seem obvious, most of them are fairly easy to identify. 

Engaging in the comfort binge can barely be classified as seeking entertainment.

Parks & Recreation is a classic comfort binge show. So is The Office and Brooklyn Nine-Nine (Mike Schur might be the king of writing comfort binge shows). These shows are light and funny, with each micro-plot satisfied in 30 minutes flat. The characters are archetypes of people most watchers are friends with, or want to be friends with. It’s beyond easy to put on one of these shows and wind up, at the end of four hours, horizontal on a couch, half-watching and half-living in the outlandish-yet-relatable realities of their universes. 

Others opt for something else from their comfort binges. Avatar: The Last Airbender is a common response among a certain crowd of twentysomethings when asked what they watch for comfort. Avatar in particular shares a lot in common with classic comfort binge shows, like its charming characters and small-to-big picture plotting, but there’s something special about choosing an animated show for a comfort binge. It’s transportive, reminiscent of sugary cereals and Saturday morning cartoons. Steven Universe is another option in this category. Or consider, Star Wars Rebels

Rarer though is the comfort binge that is designed to be just barely watched, the kind of show one puts on when a nap is incoming, or right before bedtime. This is the white noise comfort binge, the one that has been watched so often it has a quality that is not quite soporific, but definitely half-ignorable. Shows like The Twilight Zone, and…well, really just The Twilight Zone.

SEE ALSO: ‘I’m Sorry’ has returned and Andrea Savage is still my personal hero

The Twilight Zone is a surprisingly common comfort/sleepy binge. There’s something about the black and white palette, the slightly fuzzy audio quality, and the clipped, old-timey American accents that make the show feel outside of time (you might even say of another dimension). Its plots are so well-known and digestible that one only needs to catch the first five minutes to recall exactly which episode is on. That guy in the box? He’s a toy. The daughter with the robot maids? She’s a robot, too. That darkness in the sky? It’s a metaphor for racism that got past the censors. 

All of these shows share certain traits in common. They’re predictable, they’re not too heavy, and they don’t rely on shocks or twists to keep you interested (well, The Twilight Zone loves twists but, as mentioned before, everyone knows them by now). They’re not out to fuck with you. No one comfort binges Westworld

Comfort binging is about swaddling oneself in things that feel good. They’re a great go-to when the constant scrolling through streaming options starts to get more annoying than fun, or when the pressure of making a single choice is all it would take to ruin your Saturday. It’s OK to have a comfort binge. It’s possible that in this fast-paced, overstimulating world, a comfort binge show is part of a necessary arsenal used to combat fatigue in the face of chaos.

Embrace your comfort binge. Don’t let anyone make fun of it. Comfort binging is self-care as much as face masks or bubble baths, and depending on your streaming service subscription deals they cost a lot less. It’s 2019 and everyone is tired. It’s OK to let the comfort binge take the wheel. At least for a season or two. 

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‘Memories still fresh’: Villagers remember 1999 Racak massacre

Racak, Kosovo –  A fresh layer of snow covers the the muddy ditch in the hill overlooking the village of Racak in southern Kosovo.

Rocks with red paint pop out of the snow, marking the exact locations where 45 people from this village were killed on January 15,1999.

Twenty years later, thousands of people in below freezing temperatures paid homage to one of the worst massacres during the 1998-1999 Kosovo War.

The memories of the fighting in the corner of the Balkans, then a province of Serbia after Yugoslavia broke apart in the 1990s, are still fresh.

“I feel like my pain increases every year, maybe because every year I understand better or maybe because of what others tell me about [my uncle] and how he treated us,” Egzon Bilalli, a 21-year-old psychology student, said after this year’s commemoration.

The memorial wall at Racak displays the names and photos of those killed in the village 20 years ago [Valerie Plesch/Al Jazeera]

Only nine months old and hiding in a nearby city when the killings took place in his village, Bilalli remains connected to the events from that day. 

He now lives in Racak and he and his relatives paint red marks every year in the ditch where his uncle and the others died that day. 

Bilalli doesn’t want the village or the rest of the country and world to forget what happened here. 

It was here in the ethnic Albanian village of Racak in southern Kosovo, about an hour from the capital, Pristina, where 45 men, women, teenagers and children were taken from their homes and beaten and shot by Yugoslav security forces in the hills above the village. The remains from one woman are still missing.

Hundreds of people from Racak and around Kosovo visited the cemetery on the 20th anniversary of the massacre [Al Jazeera]

The bloodshed became a turning point in the conflict between the Serb-led Yugoslav security forces and the Kosovo Liberation Army, the main ethnic Albanian rebel group fighting for Kosovo’s independence from Serbia after the breakup up of Yugoslavia in the 1990s. 

Veteran US diplomat William Walker visited the village one day after and publicly declared it as a massacre by Serb security forces, describing a “crime against humanity.” 

This declaration garnered international attention and paved the way for the US-led NATO bombing campaign in Kosovo that began on March 24, 1999 and lasted for 78 days, driving out Slobodan Milosevic’s forces out of Kosovo.

By the end of the air strikes, Kosovo was liberated from Serbia. Today, Serbia still does not recognise Kosovo’s independence and claims that the crimes at Racak were staged by the KLA.

Nerxhivane Bilalli, 29, in Racak, Kosovo says it is difficult to live in the same village where her father was killed [Valerie Plesch/Al Jazeera]

Though the KLA dismantled shortly after the war, NATO troops remain in Kosovo to keep the peace and security in Europe’s newest nation. 

Muhamet Bilalli, 61, was one of the KLA soldiers fighting in Recak that morning to protect the residents from the advancing Serb security forces. He and his brother Lutfi Bilalli, Egzon’s uncle, had been working in Switzerland throughout the 1990s like many Kosovo Albanians during that time. 

The siblings returned to Kosovo in 1998 to join the KLA. 

On January 15, 1999, Lutfi was killed in Racak while helping residents to escape from the village.

“It doesn’t feel like 20 years; it feels like it happened today or yesterday. The memories are still fresh,” Muhamet Bilalli said.

He becomes anxious before every anniversary. “Since last night I couldn’t get any sleep until now. I played the events in my head.”

To date, no one from Serbia has been brought to justice for the crimes that took place in Racak. “This hurts us the most. Where is the justice? Where is the EU and UN?”

Muhamet Bilalli holds a photo of himself when he was a KLA soldier. His brother was killed during the massacre at Racak [Valerie Plesch/Al Jazeera]

Lutfi Bilalli’s daughter, Nerxhivane Bilalli, 29, still lives in Racak. She says it is difficult to live in the same place where her father died. 

“Every morning when you leave the house, you see the place where the massacre happened which brings back the memories. But at least we have freedom.”

The 20th anniversary comes against the backdrop of a new special court set up in The Hague known as the Kosovo Specialist Chambers. 

This week, several former KLA commanders were invited to The Hague either as suspects and witnesses, which has sparked controversy in Kosovo.

The new court will prosecute war crimes allegedly committed by KLA commanders during the war. Many in Kosovo believe that the court is one-sided.

A boy stands at the gravesite of a loved one at Racak [Valerie Plesch/Al Jazeera]

Back at the Racak cemetery, residents continue to heal from their recent wartime past as they visit the graves of their relatives.

Beqe Beqiri, 40, a mechanic and former KLA fighter, lost his father and two brothers at Racak.

“It was a big tragedy when they killed my father and siblings, but having this tragedy happen to my family gave me some sort of strength.” 

He and others from the village “still have pain from our wounds” from that day.

“The hardest and most humiliating part was knowing and not being able to stop the Serbs from putting the dead bodies into plastic bags and dragging them up the mountain so that they could cover their crimes,” he said. “It was very hard for me to see my dead father and brothers in that way.”

For Racak’s youth, they will continue to preserve the memories for future generations in order to remember the past.

“Even though most of us lost someone in the massacre,” said Egzon Billali said, “we still feel proud that they were the reason for us to keep living; we have to keep going.”

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What Happens if Ruth Bader Ginsburg Remains Too Sick to Work?

In the past two months, Ruth Bader Ginsburg has fractured three ribs and had two cancerous nodules removed from her left lung. She was absent from oral argument last week and will miss this week’s arguments as well. Doctors say they expect her to be back on the bench in February, and until then she will review transcripts from her home and participate in the court’s decision-making remotely. But her return to work has not quieted critics who say that Ginsburg should have retired long ago and that her health issues are the latest evidence that justices should not be allowed to serve for life.

Ginsburg, who is 85, suggested this summer that she intends to serve “at least five more years” on the court. She is far from the first justice to linger on the bench into advanced age. John Paul Stevens retired at 90 in 2010, making him the oldest serving justice since Oliver Wendell Holmes stepped down from the bench two months shy of his 91st birthday in 1932. Stevens’ extended tenure produced significantly less hand-wringing than Ginsburg’s—a contrast partly attributable to Stevens’ hale health but also possibly driven by the gender bias that Ginsburg has battled throughout her career. Yet while the focus on Ginsburg may be out of proportion, the concerns generated by a graying judiciary cannot be blithely dismissed. Fears of judicial gerontocracy have flared at several earlier points in American history, including long before the court had any female members.

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The late Antonin Scalia waved off the idea of limiting the terms of justices as “a solution in search of a problem,” but the problem is not an imaginary one: Some justices really have clung to their positions long after their mental faculties have left them. Justice Henry Baldwin remained on the court for nearly a dozen years after his 1832 hospitalization for “incurable lunacy.” One of Justice Nathan Clifford’s colleagues described him as a “babbling idiot” in the final years before his death in 1881. Justice Stephen Field in the mid-1890s and Justice Joseph McKenna in the early to mid-1920s each reportedly spent the end of their tenures in a haze.

“Mental decrepitude” on the Supreme Court has continued into the modern era, as historian David Garrow has documented. Frank Murphy, who served in the 1940s, was likely addicted to illegal drugs by the end of his tenure, and his biographer wrote that “on at least one occasion,” with Murphy in absentia, his law clerk and two fellow justices “jointly decided what Murphy’s votes should be.” Justice Charles Whittaker teetered on the brink of nervous breakdown for much of his five-year stint on the court in the late 1950s and early 1960s. Hugo Black stayed on for more than two years after his wife concluded in 1969 that “his mentality has been impaired.”

Nor was Black the last justice whose mind slipped while he was still on the bench. In 1975, his last year on the court, William O. Douglas was so severely disabled by a stroke that his fellow justices agreed to delay any decision in which Douglas’ vote could swing the outcome. Justice William Rehnquist developed a dependence on a sedative that caused him to experience hallucinations during withdrawal; at one point in late 1981, he tried to escape from George Washington University Hospital in his pajamas. Rehnquist recovered, but two of his colleagues—Lewis Powell and Thurgood Marshall—faced doubts about their mental capacities at the tail end of their careers.

The history of cognitive decline on the high court teaches two lessons. First, there is a real risk of a substantial time lag between the onset of mental deterioration and a justice’s retirement. But second, and as important, this is a risk that can be contained. No justice—no matter how deranged—can do serious doctrinal damage without the acquiescence of at least half his colleagues. And when a justice is so utterly incapacitated that he is unable to break 4-4 ties, the court can continue to function with an even number of active members. Originally, the court had only six justices; during the Civil War, it had 10; and it has functioned fine with eight members during prolonged vacancies. Indeed, there are notable virtues to having an even number of justices—one of them being that it then takes more than a knife’s-edge majority to overturn a lower court decision or strike down a law nationwide.

The proposed solutions to “mental decrepitude” on the Supreme Court each come with flaws of their own. A common proposal is to fix the lengths of justices’ terms, with 18 years being the number most often suggested. Yet 18-year terms would not lay to rest the problem of mental decline. Murphy had been on the court for only eight years when his apparent drug dependence reached its height. Whittaker finally suffered a nervous breakdown less than five years into his term. And the Rehnquist pajama incident occurred just nine years into his 33-year tenure. Granted, the risk of mental disability increases with advanced age, and 18-year term limits might on balance lead to a younger bench. Or they might not. Presidents might be inclined to select older nominees if justices could serve for only 18 years rather than for life.

Other ostensible benefits of 18-year terms are also likely to prove illusory. Advocates argue that a fixed term length will lower the stakes of confirmation battles. Perhaps, but fights over open court seats will be fierce whether the appointee wields influence over abortion and the death penalty for 18 years or for longer. What fixed term lengths will do, without a doubt, is to ensure that these fights occur more frequently. If the goal is to defuse some of the tension surrounding Supreme Court confirmations, then creating more vacancies is a curious choice.

Assuming that terms are staggered, then the 18-year proposal would also ensure that a seat on the court opens at least every two years. This is sometimes cited as an advantage, as it would narrow the inequity across presidents who have disparate opportunities to influence the court based on the number of vacancies that arise during their terms. For example, William Howard Taft, a one-term president, appointed six justices, while fellow one-termer Jimmy Carter named none. But it would also mean that every two-term president would choose four—or in the event of early retirements or deaths, even more—members of the court. That possibility is disconcerting given that justices are, empirically, much more likely to vote with the administration when the president who appointed them is still in office. This “loyalty effect,” which my colleagues Lee Epstein and Eric Posner have documented, limits the court’s efficacy as a check on presidential overreach. Staggered 18-year terms would likely lead to a larger number of “loyal”—pliant—justices on the court at any given moment.

Fixed term lengths would also raise the question of what term-limited justices will do after their 18 years expire. Some might try to monetize their experience by going into private practice. Others might seek elected office. Consciously or unconsciously, a justice might adjust her decisions with a view toward pleasing potential employers or future voters. While today nothing stops a justice from leaving the bench for practice or politics, very few do—at least in the modern era—and the Supreme Court remains one of the few governmental institutions that is immune from the revolving door. Term limits could change that for the worse.

Finally, term limits would lead to what in game theory is known as the “last period” problem. Justices who anticipate that they will interact with each other year after year can expect a concession in one case to be reciprocated later on. But as a term-limited justice approaches the 18-year mark, not only would her incentive to cooperate diminish, but her colleagues’ incentives to cooperate with her would too. Moreover, this dynamic potentially affects not only the last period of play, but also the period before the last period, and the period before that, and so on, leading to an unraveling of cooperation on the court. One advantage of the status quo is that justices rarely announce—and sometimes do not decide on—their retirements until shortly before they leave the bench. Term limits, by making end dates more predictable, would undermine the incentives for soon-departing justices to behave cooperatively and for their colleagues to cooperate with them.

Instead of fixed term lengths, some have suggested a mandatory retirement age for justices—either 70 or 75. These proposals have many of the same flaws as term limits, though a richer pedigree. Several Democratic lawmakers introduced constitutional amendments to set a mandatory retirement age for justices of 70 or 75 as an alternative to President Franklin D. Roosevelt’s ill-fated 1937 court-packing plan. In 1954, the Senate voted 58-19 to approve an amendment requiring all justices and federal judges to retire at 75, but the House never took up the proposal. Meanwhile, more than 30 states have adopted mandatory retirement ages for the judges on their highest courts—with most setting the cap at 70 or 75. (Vermont, an outlier, requires retirement at 90.)

But like fixed terms, pushing justices off the bench as a birthday present for hitting 70 or 75 would not eliminate the risk of mental deterioration. Frank Murphy’s disability struck in his late 50s; Charles Whittaker’s nervous breakdown came in his early 60s; Rehnquist’s hospitalization for sedative dependence occurred when he was 57. Others will reach the age of 70 or 75 with still many years of work ahead, thus raising the risk that post-judicial career prospects may taint their decisions.

An age cutoff at 70 or 75 would not appreciably lower the confirmation stakes either. Neil Gorsuch turns 70 in 2037, Brett Kavanaugh in 2035. Even with an age cap of 70, either justice could one day decide whether a female born in 2019 can get an abortion. Mandatory retirement would, however, raise the same last-period problem as fixed term lengths. It might not produce a more cognitively capable court, but it would likely lead to a less cooperative one.

A third proposal targets the problem of disability more directly. In the 1970s, Senator Sam Nunn of Georgia repeatedly introduced legislation that would have allowed a panel of 12 federal judges to force the retirement of a Supreme Court justice or lower court judge if a majority of the panel concluded he was mentally or physically incapacitated. Senator Howell Heflin of Alabama introduced a constitutional amendment with a similar goal in 1989. These proposals sidestep some of the pitfalls of term limits and age caps, such as the last-period problem and the potential that justices would be swayed by post-court career prospects. But they also raise the risk of justices being ousted not because they are incompetent but because they are ideological outliers.

For all three proposals—term limits, age caps and the removal of judges determined to be disabled—there are serious questions as to whether reform requires a constitutional amendment. Article III of the Constitution states that justices and lower court judges “shall hold their offices during good behaviour,” a phrase whose meaning the Supreme Court has never fully explicated. According to one view, “good behaviour” means that impeachment is the only way to cut a justice’s term short. In another view, the constitutional requirement is satisfied if Supreme Court justices are demoted to the lower courts or to auxiliary status once they serve for 18 years or reach age 70 or 75, as long as their salaries are unaffected.

But whether reform would require a constitutional change or simply a statutory enactment, the calls to end life tenure for justices should be batted away this time as they have been before. Term limits and age caps would lead to more frequent (but not less bruising) confirmation battles, weaker incentives for the court’s members to cooperate, and stronger motivations for political posturing as justices consider the prospect of post-judicial careers. Judicial disability panels, while not raising all the same problems as term limits and age caps, would open up new opportunities for gamesmanship if members sought to force retirements to gain political advantage. The Supreme Court, while not immune from ideological strife, is one of the few remaining institutions in American life in which liberals and conservatives interact collegially and find common ground on a wide range of issues. The proposals to end life tenure would put that at risk.

The severity of Ginsburg’s current health condition pales in comparison with the ailments that have afflicted many of her predecessors on the bench—and unlike them, there is no sign that she has lost any of her intellectual edge. The fact that the court has faced, and survived, the much more serious impairment of several of its members suggests that the problem of judicial disability, while undeniable, is also manageable. In comparison with presidential incapacity, the threat of which prompted the 25th Amendment, the incapacity of Supreme Court justices is both more common and less dangerous. Fixed terms, age caps, and forced retirement are all strong medicine for the problem of judicial disability. In light of the flaws inherent in each, the better course of treatment is none at all.

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Ethereum upgrade delayed over security vulnerability

We're going to have to wait a little longer for Constantinople.
We’re going to have to wait a little longer for Constantinople.

Image: GEOFFROY VAN DER HASSELT/AFP/Getty Images

2016%2f09%2f16%2f6f%2fhttpsd2mhye01h4nj2n.cloudfront.netmediazgkymdezlza1.53aeaBy Stan Schroeder

Ethereum’s Constantinople upgrade, which was supposed to kick in on Thursday, Jan 16, is getting delayed. 

According to the official Ethereum blog, the delay is due to a potential security vulnerability identified by security audit company ChainSecurity on Jan. 15. 

SEE ALSO: Ethereum is about to get a big upgrade. Here’s what you need to know.

The security bug could potentially make some smart contracts on Ethereum vulnerable to a so-called “re-entrancy attack,” enabling an attacker to steal other people’s ether. 

The bug is explained in detail in a blog post by ChainSecurity. The important bit is that, since Constantinople was delayed, no smart contracts are vulnerable at this point. In fact, a scan of Ethereum’s blockchain by ChainSecurity did not find any contracts that would be vulnerable even if the upgrade went through, but Ethereum’s developers still decided to mitigate the risk by delaying the upgrade.

“Because the risk is non-zero and the amount of time required to determine the risk with confidence is longer the amount of time available before the planned Constantinople upgrade, a decision was reached to postpone the fork out of an abundance of caution,” Ethereum developer Hudson Jameson wrote in a blog post Tuesday. 

For most end-users — i.e. owners of ether or users of dApps on the platform — there is no need to do anything following this news. Users who run nodes or mining operations should follow the instructions here

Constantinople was an important upgrade of Ethereum which was supposed to make the network a bit more efficient and pave the way for future upgrades, most importantly switching to a proof-of-stake consensus algorithm later this year. There’s no new date set for the Constantinople upgrade at this point. 

This is not the first time Constantinople has been delayed. The upgrade was originally scheduled to go live in November 2018, but was postponed due to bugs. 

Disclosure: The author of this text owns, or has recently owned, a number of cryptocurrencies, including BTC and ETH. 

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