"Pope Francis, The People’s Pope" is Time's Person of the Year.

"He took the name of a humble saint and then called for a church of healing. The first non-European pope in 1,200 years is poised to transform a place that measures change by the century."

Here's the post where I analyzed Time's 10 finalist and concluded that the person would be Edith Windsor. My runner-up was Edward Snowden.

But my rejection of the Pope had an "unless" clause: "Popes have won, but I think it's a bit early to go with another Pope yet, unless the Time folk are itching to play Obama's recently attempted income inequality theme. I think that would be shabby, so I say no."

A number of commenters here thought the Pope would win, and I want to single out Pat:

I think it goes to the Pope and not because he's said some "leftist" things. In a very short term, he has sparked new life into a very large religion. I am a crotchety grumpy conservative, and I love everything about the guy.

I haven't read the whole article yet and probably never will. Here's a key passage that connects to American political themes:

[B]ehind his self-effacing facade, he is a very canny operator. He makes masterly use of 21st century tools to perform his 1st century office. He is photographed washing the feet of female convicts, posing for selfies with young visitors to the Vatican, embracing a man with a deformed face. He is quoted saying of women who consider abortion because of poverty or rape, “Who can remain unmoved before such painful situations?” Of gay people: “If a homosexual person is of good will and is in search of God, I am no one to judge.” To divorced and remarried Catholics who are, by rule, forbidden from taking Communion, he says that this crucial rite “is not a prize for the perfect but a powerful medicine and nourishment for the weak.”

And:

He can barely contain his outrage when he writes, “How can it be that it is not a news item when an elderly homeless person dies of exposure, but it is news when the stock market loses two points?” Elsewhere in his exhortation, he goes directly after capitalism and globalization: “Some people continue to defend trickle-down theories which assume that economic growth, encouraged by a free market, will inevitably succeed in bringing about greater justice and inclusiveness in the world. This ­opinion … has never been confirmed by the facts.” He says the church must work “to eliminate the structural causes of poverty” and adds that while “the Pope loves everyone, rich and poor alike … he is obliged in the name of Christ to remind all that the rich must help, respect and promote the poor.”

ADDED: Is that last sentence miswritten or does the Pope talk about himself in the third person like that? I looked it up. The answer is the latter, or really neither. It's more of an opinion about the role of whoever occupies the position of Pope.

The 10 finalists for Time's Person of the Year.

I know. I hate getting suckered into this annual nonsense, but the list presents some interesting options"

Bashar Assad, President of Syria
Jeff Bezos, Amazon Founder
Ted Cruz, Texas Senator
Miley Cyrus, Singer
Pope Francis, Leader of the Catholic Church
Barack Obama, President of the United States
Hassan Rouhani, President of Iran
Kathleen Sebelius, Secretary of Health and Human Services
Edward Snowden, N.S.A. Leaker
Edith Windsor, Gay rights activist

It's not going to be Assad. If we were going to do Bad Guy persons of the year, somebody more dramatically bad would have won recently, like Osama bin Laden or Saddam Hussein. It would be pathetic to reward Assad with that kind of attention. What about Vladimir Putin? He's not even on the list of finalists, probably because he's already won, back in 2007.

Scratch Hassan Rouhani. He hassan done enough yet.

It's not going to be Barack Obama. He's already won — repeatedly — right? And he was barely there this year, never around when anything was happening. I might accept a jocular nod to The Absence of Barack Obama, because that metaphysical being has been everywhere, involved in everything.

As for Kathleen Sebelius, that's ridiculous. If they were at all thinking of giving it to her, they should have switched to one of those nameless, faceless type of "persons" like The Endangered Earth (1988) or You (2006) or The Whistleblowers (2002) and give it to The Uninsured, The Young Invincibles, The Coders, or The Bugs or something.

It's not going to be Jeff Bezos, because he already won, even if that's hard to remember because it was so last century. 1999.

An entertainer has never won, so there's zero chance that the first one will be Miley Cyrus. Popes have won, but I think it's a bit early to go with another Pope yet, unless the Time folk are itching to play Obama's recently attempted income inequality theme. I think that would be shabby, so I say no.

That leaves Edith Windsor, Ted Cruz, and Edward Snowden. I think Edith Windsor is most likely, because: 1. She gives Time a chance to pick an individual woman, something they've done — embarrassing! — only once before. (It was Corazon C. Aquino, in 1986.) 2. She's a good figurehead for same-sex marriage and gay rights, which were very big this year. 3. It lets Time vary the usual focus on politics, economics, and foreign affairs.

There's Ted. Dear sweet, crazy, everyone-hates-him Ted. If Time is smelling blood and wants to punch around a conservative, the man to pick on is definitely Ted Cruz.

Edward Snowden is an interesting choice, but I don't think it helps Obama to create an occasion for everyone to focus on the NSA problem. Yeah, it's a distraction from healthcare.gov, but does Obama want help in that form? This is a 4th reason to go with Edith Windsor: Gay marriage is a subject that casts a flattering light on Obama.

So we have a winner, don't you think? Edith Windsor.

"How Edith Windsor fell in love, got married, and won a landmark case for gay marriage."

A great article by Ariel Levy. Worth subscribing to The New Yorker to get access. I had The New Yorker in audio podcast form, and this article inspired me to subscribe to the print edition. It begins:

"Fuck the Supreme Court!” Edith Windsor said, one hideously hot morning in June, when she’d had just about enough. Then she sighed and mumbled, “Oh, I don’t mean that.” What she really meant was that she was hot, she was tired of waiting, and, most of all, she was tired of being told what to do. “I’m feeling very manhandled!” she said.

It was Windsor’s eighty-fourth birthday, and she was spending it staring at a laptop screen as information from scotusblog.com flashed by in a typeface too small for her to read comfortably. Four years earlier, Windsor’s partner of more than forty years, Thea Spyer, died, leaving Windsor her sole heir. The two were legally married in Canada, in 2007, but, because of the Defense of Marriage Act, Windsor was not eligible for the exemption on estate tax that applies to husbands and wives. She had to pay $363,053 in taxes to the federal government, and $275,528 to New York State, and she did not think that was fair.

There's some excellent material about lawyering, including getting the right plaintiff as the face of the issue. One "experienced movement attorney" explains that "Women are better than men" and "post-sexual is better than young." Windsor was not just female and presumably "aged out of carnality," but, we're told, didn't "look gay."

Her pink lipstick and pearls would make it easier, [her lawyer Roberta] Kaplan knew, for people across the country to feel that they understood her, that she embodied values they could relate to.

Some movement lawyer types thought Windsor was the wrong plaintiff because she was too rich, and her legal problem was a problem of a rich person. Who owes $600,000 in taxes? What kind of civil rights movement forefronts suffering of that kind?

"There were these calls," Kaplan said. "These people from Lambda were like, 'We really think that bankruptcy is the perfect venue to challenge DOMA,' because they had a bankruptcy case they wanted to bring. Finally, I couldn't stand it. I said, 'Really?  I don't want to be disrespectful or classist, but do you really think that people who couldn't pay their personal debts are the best people to bring the claim?"...

Kaplan was convinced that Americans dislike taxes even more than they dislike the rich...

Today in the Supreme Court: the Defense of Marriage Act.

Adam Liptak explains the statute and the arguments against it.

This law was passed in 1996 — almost 20 years ago. Why has it taken so long to get to an answer about its constitutionality? I did a final exam in my Constitutional Law class based on DOMA in, approximately, 1996.

One thing about the current case: It has a crisply defined embodiment of the asserted constitutional right — an 83-year old woman (Edith Windsor) whose spouse died and left her property that would be tax free if the IRS recognized her marriage and who is stuck instead with a $360,000 tax bill.

Her opponent is "United States," a formidable party, usually, but in this case, bizarrely vague:

[I]n February [2011], Attorney General Eric H. Holder Jr. announced that he and President Obama had concluded that [DOMA] was unconstitutional and unworthy of defense in court. Mr. Holder added that the administration would continue to enforce the law.

That's unpleasant. They're lying back waiting for the Court to do the difficult work.

[The administration] agrees with Ms. Windsor that the law is unconstitutional, but will not pay her the tax refund she seeks. House Republicans, represented by Paul D. Clement, a former United States solicitor general, intervened in the case to defend the law, losing in the lower courts.

Even though the administration’s legal position prevailed in the lower courts, it filed an appeal to the Supreme Court, saying the matter should be decided by the nation’s highest tribunal.

The Supreme Court appointed Vicki C. Jackson, a law professor at Harvard, to argue a position not fully supported by any party: that the case’s odd procedural posture means the court lacks jurisdiction to decide it. The court scheduled a separate 50-minute argument on that question.

Does anyone want that argument to succeed? But I await Professor Jackson's arguments. It might be that the Court shouldn't rescue the administration from its politically uncomfortable position. But I feel sorry for the Edith Windsors whose cases are not governed by the 2d Circuit opinion.