I have nothing to say about basketball. That title is just my answer to the question “how is this Saturday different than all others?”
Update: Purdue plays Rutgers Sunday the 28th. I blew that.
Culture
Fairy tales
Fairy tales do not give the child his first idea of bogey. What fairy tales give the child is his first clear idea of the possible defeat of bogey. The baby has known the dragon intimately ever since he had an imagination. What the fairy tale provides for him is a St. George to kill the dragon.
G.K. Chesterton, writing the original lines, in Tremendous Trifles, Book XVII: The Red Angel (1909)
If Hef had died eight days later
Half the trick of business is knowing when to get out, and Hugh Hefner was a great businessman. “His timing was perfect,” said the New York Times obituary, when he died in September 2017 … But the obituarist was more right about Hefner’s timing than she could have known. Eight days after his death, the same paper published its devastating expose of Harvey Weinstein’s serial sexual assaults against women, and the #MeToo movement quickly assembled in response. You can’t exactly call it luck when a 91-year-old dies, but if Hefner had lasted two weeks longer, the memorials would have been far harsher judgement about his influence on the 20th century.
Sarah Ditum, Crystal Hefner came too late.
(Beyond that nice lead-in, there’s not an awful lot to see in Ditum’s article. Take it or leave it.)
Right-Wing Progressives
Who/what is a Right-Wing Progressive (RWP)? Start by picturing a Silicon Valley elite who is by now well-and-truly fed up with the Woke left. But the causes for the RWP’s objection to the Woke mind-virus and its regnant regime differ significantly from those of a traditional conservative. The conservative loathes the Woke for their revolutionary assault on the moral, cultural, and social order, on foundational structures of civilization like the family, and on the True, the Good, and the Beautiful writ large. In contrast, the RWP is likely to consider these things to be at most tangential to his main concern. His anti-Wokeness is motivated mostly by an assessment that the ideology is degrading meritocracy, promoting irrational stupidity, inhibiting scientific innovation, diverting investment into worthless causes, and limiting long-term economic performance – in other words that it is holding back progress.
RWPs are what Virginia Postrel, in her 1998 book The Future and Its Enemies, approvingly dubbed “dynamists”: individuals whose primary vision for a good society is a state of constant Promethean invention, discovery, growth, and transformation. They see their true enemies as what Postrel labels “stasists”: nostalgia-ridden, backwards-looking brutes who hate change and for some unimaginable reason want to keep everything old and therefore obsolete from being replaced by new and better things. Today, from the RWP’s point of view, the forces of stasism just happen to include the Woke left in addition to conservatives.
N.S. Lyons, The Rise of the Right-Wing Progressives
Cute. Maybe even valuable (if you’re a sucker for clickbait)
Downworthy: A browser plugin to turn hyperbolic viral headlines into what they really mean. The concept is amusing and the webpage thus worth a view.
The arts
The hard sciences help us understand the natural world. The social sciences help us measure behavior patterns across populations. But culture and the liberal arts help us enter the subjective experience of particular people: how this unique individual felt; how this other one longed and suffered. We have the chance to move with them, experience the world, a bit, the way they experience it.
David Brooks, * How Art Creates Us*
Substack Nazis
Virtue signalling on Substack
[I]t’s … my belief in original sin that makes me skeptical of one particular kind of story: the “Doing this hurts me but darn it I simply must stand up for my principles” story — which is the tale that a number of former Substackers are telling these days. “Substack is great for me but I simply can’t be on the same platform with all these Nazis” — though as many people have pointed out, Substack has maybe half a dozen Nazis among its zillions of users, and none of the platforms these people are decamping for are Nazi-free either.
Here’s what I believe: This has absolutely nothing to do with Nazis. The purpose of the campaign is not to expel Nazis from Substack but to create a precedent. If Substack said “Okay, the Nazis are gone, the response would not be “Thanks!” It would be, “Cool, now let’s talk about Rod Dreher.” And then Bari Weiss, and then Jesse Singal, and then Freddie DeBoer, etc. etc. The goal is not to eliminate Nazis; the goal is to reconstitute the ideological monoculture that Substack, for all its flaws — it’s not a service I would ever use —, has effectively disrupted.
It’s especially affirming that Jacobs lists three Substackers I subscribe to plus one I dropped fewer that two weeks ago (because his logorrheic posts have what feels like a very low signal-to-noise ratio).
A lighter touch
Checking my cellphone bill the other day, I found myself wondering just how many Nazis use the same service as me. Probably hundreds, since I use one of the three biggest cell providers in the country. What were the ethics, I wondered, of paying a company that was being used to spread hate?
Megan McArdle, on the absurdity of “Nazis on Substack.” H/T Andrew Sullivan
Legalia
The judge-made doctrine of “qualified immunity” makes a mockery of our civil rights laws, over and over and over again, as police get away with outrages. Judge Don Willet is fed up with it:
[O]ne of the justifications so frequently invoked in defense of qualified immunity—that law enforcement officers need “breathing room” to make “split-second judgments”—is altogether absent in this case. This was no fast-moving, high-pressure, life-and-death situation. Those who arrested, handcuffed, jailed, mocked, and prosecuted Priscilla Villarreal, far from having to make a snap decision or heat-of-the-moment gut call, spent several months plotting Villarreal’s takedown, dusting off and weaponizing a dormant Texas statute never successfully wielded in the statute’s near-quarter-century of existence. This was not the hot pursuit of a presumed criminal; it was the premeditated pursuit of a confirmed critic.
Also, while the majority says the officers could not have “predicted” that their thought-out plan to lock up a citizen-journalist for asking questions would violate the First Amendment—a plan cooked up with legal advice from the Webb County District Attorney’s Office, mind you—the majority simultaneously indulges the notion that Villarreal had zero excuse for not knowing that her actions might implicate an obscure, never-used provision of the Texas Penal Code. In other words, encyclopedic jurisprudential knowledge is imputed to Villarreal, but the government agents targeting her are free to plead (or feign) ignorance of bedrock constitutional guarantees.
In the upside-down world of qualified immunity, everyday citizens are demanded to know the law’s every jot and tittle, but those charged with enforcing the law are only expected to know the “clearly established” ones. Turns out, ignorance of the law is an excuse—for government officials. Such blithe “rules for thee but not for me” nonchalance is less qualified immunity than unqualified impunity. The irony would be sweet if Villarreal’s resulting jailtime were not so bitter, and it lays bare the “fair warning” fiction that has become the touchstone of what counts as “clearly established law.”
H/T Eugene Volokh
Politics
Scene: The US Senate, January 6, 2025
Having so recently pledged not to blog about Donald Trump, I find myself needing to clarify that pledge: it does not extend to commenting on procedures by which we elect presidents.
Which brings me to this stunner:
[N]o matter how the Court rules in Trump v. Anderson [the Colorado ballot excusion of Trump], do not expect Senate President Kamala Harris or a Democratic majority in the House of Representatives, on January 6, 2025, to count electoral votes cast for Donald Trump who all Democrats believe is disqualified from being re-elected as President by Section 3 of the Fourteenth Amendment. The President of the Senate and a Democratic majority in the House of Representatives will not feel bound to follow the ruling of a Republican Supreme Court. And, that is even without factoring in the likelihood that Trump will be convicted of at least some of the 91 charges on which he has been indicted and that he may lose the popular vote even if he wins in the Electoral College.
Do I think this would be unfair and wrong as a matter of constitutional law? Of course, I do! I, after all, signed a brief by three former Republican Attorneys General in Trump v. Anderson saying that Donald Trump is not barred from being re-elected by Section 3 of the Fourteenth Amendment. But, if you want to know what Democrats think about this, and what they will do on January 6, 2025, take the time to read Yale Sterling Professor of Law Akhil Reed Amar’s amicus brief, co-written with his brother Vikram, in Trump v. Anderson. The Amar brothers think a Democratic President of the Senate and a Democratic majority in the House are not bound by the Republican Supreme Court’s ruling in Trump v. Anderson. I would be stunned if all of legal academia and the press did not end up agreeing with them along with some conservative legal academics. So, even if Donald Trump were to win in the Electoral College in 2024, Kamala Harris and the House of Representatives would not count his electoral votes. There is simply no way that Donald Trump can win the 2024 presidential election.
Steven Calabresi, who I don’t think is a “Democrats are utterly evil” nut-case.
So imagine January 6, 2021 in reverse. Mob or not (and if the Dems talk about it in advance, there will be a mob or two or four …), the Senate may do what Mike Pence refused to do: throw out electoral votes for the opposing party. And they’ve got one legal heavyweight behind them already, not a John Eastman whispering deranged theories in secret.
If the Senate does that, all bets on a swell coming decade or two are off. Better for the Country would be that Biden win fair and square. Best of all (I suspect, but dare not pray): that Providence remove both of the geriatric candidates from the race, and soon.
The Republican Party is now useless for conservatives
Accepting Dobbs as the long-term compromise [on abortion] at the federal level is desirable and necessary for reasons unrelated to the abortion issue itself. My own belief—as a pro-lifer and a conservative who also cares a great deal about the rest of the conservative agenda—is that the Republican Party is a lost cause. Right-wing populists–the people who now dominate the GOP–ultimately have no enduring interests beyond symbolic culture war skirmishing and maintaining long-term welfare benefits and other economic subsidies important to white people (SNAP and other programs associated rightly or wrongly with nonwhite urbanites will be on the chopping block, while Social Security and Medicare must be held sacrosanct and corporate welfare remains popular). A new center-right coalition will have to be forged, and a party organized to support it, if conservative policies are to be advanced by democratic and legislative means. The Republican Party is no longer available, in a practical sense, as a vehicle for those purposes.
So: where did all my mockery of Trump go?
You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.
Tipsy Teetotaler ن 