Epigrams
Dig in obituaries long enough and you may hit pay-dirt. Ashleigh Brilliant, Prolific ‘Pot-Shots’ Phrasemaker, Dies at 91. (Gift link)
Brilliant wrote such gems as “I may not be perfect, but parts of me are excellent.”
He wrote epigrams full-time. The most his business ever made was $100,000 per year.
We owe him.
Legal unethics
The strike suit is a pernicious business practice: It is deployed to extract cash, not to resolve a dispute. Its target must decide whether to pay the costs of legal defense or the costs of settlement. Essentially, the defendant must play a hand of poker against an opponent who pushes out a large and menacing raise: The options are to match the bet—and face the prospect of even more raises in the future—or fold. The settlements produced by strike suits are of little social value—they’re just one of the costs of doing business.
Such a tactic is even more pernicious when the litigant is the president of the United States, because its target now faces even weightier reasons to settle: presidential control over federal bureaucracies with immense regulatory power. This new business model is lawfare on steroids.
Earlier this year, Paramount Global agreed to cut a settlement check for roughly $16 million to Trump’s future presidential library and his lawyers. That payment was the culmination of Trump’s suit last year accusing CBS News, a Paramount subsidiary, of broadcasting a deceptively edited interview of then-Vice President Kamala Harris. Trump’s complaint alleged that the edits were designed to “tip the scales in favor of the Democratic Party” in last year’s election. The theory was questionable: Trump argued that the broadcast edits had violated a Texas consumer protection statute and had caused him personal financial harm.
The ultimate settlement was also questionable, and not just because of the cramped view of the First Amendment that Trump’s argument implied. Paramount’s sale to Skydance Media was on the horizon—a sale that the Federal Communications Commission (dominated by Trump-friendly Republicans) could either approve or scuttle. The pending merger made the specter of litigation significantly more costly for Paramount; a $16 million payoff is a small price to ensure an $8 billion sale.
I quote this not, for a change, to berate the President directly, but to ask a different question: Why has no lawyer been disbarred (or merely sanctioned) for filing these frivolous lawsuits?
There is a rule being breached:
(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
Federal Rule of Civil Procedure 11(b). Most state court rules mirror this Federal rule.
Trump’s strike suits are designed to harass and impose cost of litigation. They are frequently unwarranted by law or good faith arguments for changing the law.
So again: Why has no lawyer been punished for filing them? Why are the rules so toothless?
Please don’t tell my I’m majoring in minors. I’ve had plenty about the majors, and I’m a retired lawyer, son of a lawyer, and father of a lawyer, who oddly enough cares about the devolution of the legal profession. So sue humor me.
Progressive illiberalism, populist illiberalism
Progressivism in the last 10 years has pursued increasingly radical measures through complex, indirect and bureaucratic means, using state power subtly to reshape private institutions and creating systems that feel repressive without necessarily having an identifiable repressor in chief — McCarthyisms without McCarthy, you might say.
Over the same period, populism has consistently rallied around charismatic outsider politicians who attack the existing political class as hopelessly compromised and claim to have a mandate to sweep away any rule or norm that impedes their agenda.
There are exceptions to this pattern, but it’s pretty consistent across Western countries. Whether with Trump or Nigel Farage in Britain or Marine Le Pen in France or Viktor Orban in Hungary or Giorgia Meloni in Italy, the drama of postliberal populism is intensely personal, serving up figures who become the focus of profound loyalty and intense opposition, who present themselves as champions of the forgotten man while they’re attacked as strongmen in the making.
The drama of postliberal progressivism, in contrast, is a drama of ideological influence and institutional power, in which activists and elites effect dramatic change outside the democratic process and then try to survive or sidestep backlash from the voters. It’s a drama where sudden changes seem to just happen — unprecedented waves of immigration on both continents, a radical shift in official American norms around race or sex, a new regime of euthanasia in Canada — without having a singular progressive leader who claims responsibility and provides the policy with a charismatic face.
Ross Douthat, Can Left and Right Understand the Other Side’s Fears?. This is not an adequate summary, so I’m providing a gift link for you to get the rest.
Birthright citizenship
[Friday], the US Court of Appeals for the First Circuit issued a decision that Donald Trump’s executive order denying birthright citizenship to children of undocumented immigrants and non-citizens present on temporary visas is unconstitutional. It also ruled that it violates a 1952 law granting naturalization to children born in the United States, and upheld a nationwide injunction against implementation of the order. This is the second appellate court decision ruling against Trump’s order, following an earlier Ninth Circuit decision. Multiple district court judges (including both Democratic and Republican appointees) have also ruled that the order is illegal, and so far not a single judge has voted to uphold it.
Judge David Barron’s opinion for the First Circuit runs to 100 pages. But he emphasizes that this length is the product of the large number of issues (including several procedural ones) that had to be considered, and does not mean the case is a close one:
The analysis that follows is necessarily lengthy, as we must address the parties’ numerous arguments in each of the cases involved. But the length of our analysis should not be mistaken for a sign that the fundamental question that these cases raise about the scope of birthright citizenship is a difficult one. It is not, which may explain why it has been more than a century since a branch of our government has made as concerted an effort as the Executive Branch now makes to deny Americans their birthright.
I won’t try go to through all the points in the decision in detail. But I think Judge Barron’s reasoning is compelling and persuasive, particularly when it comes to explaining why this result is required under the Supreme Court’s ruling in the 1898 Wong Kim Ark case, and why the 1952 naturalization statute provides an independent ground for rejecting Trump’s order.
Ilya Somin, First Circuit Rules Trump’s Birthright Citizenship Executive Order is Unconstitutional
Giving the Devil his due
If I keep my perspective through this Administration’s deliberate sowing of chaos, its flooding of my zone with B.S., I will from time to time acknowledge something they’ve gotten more or less right. I’ll especially look for things that don’t require a parenthetical caveat along the lines of “but of course they should have done it this other way.”
Entry Number 1, not because it’s necessarily the most important: The purpose of our Armed Forces is to defend us through an obvious ability to win wars. It is not to conduct sociological experiments or to redress internal structural injustices.
I could indeed elaborate on that or insert caveats, but I’ll let it stand.
Oh, heck, I do need one caveat: I was (and believe I remain) a conscientious objector, so I don’t like it that nations keep stocks of sabers and rattle them menacingly at each other. But it’s futile to tell them to stop, and we’re still at a place where I’m not waiting for the barbarians.
Prediction
There is no serious doubt in my mind that Donald J. Trump fully intends to make his deportation efforts so odious that they will provoke mass protests (which probably will include some violence by the protestors – and there will be undercover provocateurs to assure that they do), to give himself an excuse for imposing martial law in many blue cities.
I’m not sure of his endgame, but utter corruption of the 2026 Election (a signature of authoritarianism) and suspension of 2028 no longer seems like a leftist fever-dream.
Deadening the creative spark
Loathing is hard to make interesting or readable. It’s one of the flattest emotions, and it deadens the creative spark.
Gareth Roberts. Fortunately for me, I’m generally satisfied with letting others express our shared loathing.

We are all gatekeepers now.
Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”
[A] critical mass of the American people … no longer want[s] to govern themselves, … are sick of this republic and no longer want to keep it if it means sharing power with those they despise.
I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on my favorite no-algorithm social medium.
