Miscellany, 6/19/21

“The ‘Friends’ reunion we just had looked weird, because if you even suggested a show today about six people all of whom were straight and white, the network would laugh you out of the room and then cancel you on Twitter. And yet there is a recurrent theme on the far left that things have never been worse.”

The comedian Kevin Hart had recently told the New York Times, “You’re witnessing white power and white privilege at an all-time high.” Mr. Maher: “This is one of the big problems with wokeness, that what you say doesn’t have to make sense or jibe with the facts, or ever be challenged, lest the challenge itself be conflated with racism.”

He added: “Saying white power and privilege is at an all-time high is just ridiculous. Higher than a century ago, the year of the Tulsa race massacre? Higher than when the KKK rode unchecked and Jim Crow unchallenged?” …

Bill Maher, quoted by Peggy Noonan (Bill Maher Diagnoses Liberal ‘Progressophobia’ – WSJ)


In essence, [Employment Division v.] Smith demoted the Free Exercise Clause of the First Amendment to a glorified nondiscrimination doctrine. Rather than granting Americans an affirmative right to practice their religion absent compelling governmental reasons to restrict that practice, the Free Exercise Clause becomes almost entirely defensive—impotent against government encroachment absent evidence of targeted attack or unequal treatment.

David French, Four Things You Need to Know After a Huge Day at SCOTUS


The Obamacare battle created an unwritten Roberts rule. The fight against Obamacare has never been the GOP’s finest hour. The party hated the law yet couldn’t repeal the law, even when it controlled the presidency, House, and Senate. It hated the law, yet it couldn’t agree on a replacement for the law. There was never a realistic plan. It’s over, and Obama won.

But I’d also add that the Obamacare trilogy has not represented the Supreme Court’s finest hour …

[I]f you step back and look at the entire trilogy, the contortions … tell me that something was going on, that an unwritten rule might be in play. Remember that Justice Roberts always has one eye on the institutional credibility of the Supreme Court. Overturning an immense piece of social legislation passed by a filibuster-proof legislative majority would create a cultural and political convulsion. Roberts doesn’t want a convulsive court.

So what’s Roberts’s unwritten rule? Perhaps it’s something like this: When the elected branches of government enact truly significant social reforms, opponents should focus on winning elections more than winning cases. Any other approach degrades the cultural and political capital of the court.

David French, Four Things You Need to Know After a Huge Day at SCOTUS


Antifa did it. And it was totally peaceful. And we were expressing our righteous and justified indignation at the Democratic vote steal. And Portland was worse. And the FBI entrapped us.

David Frum, H/T Andrew Sullivan


Discretion to grant exceptions makes a law less than generally applicable, even if no exception has ever been granted, because discretion creates the potential for discrimination. Some lower courts have said that, but this is the first time in the Supreme Court. The Court has long invalidated standardless discretion in free speech cases, and the same rule should apply to free exercise, but they had never said that before.

There is no compelling interest in protecting same-sex couples here, because they are fully served in Philadelphia. And the liberals joined that. This passage clearly implies that the fact that gays are angry and offended by the continued existence of CSS does not give rise to a compelling interest. Here too, they had repeatedly so held in free speech cases, and the same rule should apply to free exercise, but whether it does has been disputed.

Douglas Laycock, via National Review, on Fulton v. City of Philadelphia (emphasis added).


In recognizing the Church’s role in providing moral leadership, we acknowledge and accept the tension that comes with being in disagreement with the Church in some areas. We recognize that no political party is perfectly in accord with all aspects of Church doctrine. This fact speaks to the secular nature of American democracy, not the devotion of our democratically elected leaders. Yet we believe we can speak to the fundamental issues that unite us as Catholics and lend our voices to changing the political debate – a debate that often fails to reflect and encompass the depth and complexity of these issues.

We believe the separation of church and state allows for our faith to inform our public duties and best serve our constituents.

Excerpt from Statement of Principles by nearly 60 Catholic Democrats in the U.S. House of Representatives. The occasion of the statement was the reported progress of the U.S. Bishops’ Conference toward denying communion to politicians who support legal abortion, with our current President serving as Exhibit A.

But I can’t find anything objectionable in this excerpt — and I note that the same sort of logic about "the depth and complexity of issues" gives Catholic neocons clear consciences about opposing the Church on capital punishment and economic policy that seems contrary to Catholic Social Teaching.

(By the way: one signer was Congressman Frank Mrvan, who in the Indiana legislature was foremost among pro-life Democrats.)


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