Same God?

Hang on here. I purposefully meander a bit today, which is a fitting way of sharing a little epiphany I had while reading un-Christmassy stuff (Thomas S. Kuhn and Ian Hacking, The Structure of Scientific Revolutions: 50th Anniversary Edition) on Christmas Eve.

Do we, however, really need to describe what separates Galileo from Aristotle, or Lavoisier from Priestley, as a transformation of vision? Did these men really see different things when looking at the same sorts of objects? Is there any legitimate sense in which we can say that they pursued their research in different worlds? Those questions can no longer be postponed, for there is obviously another and far more usual way to describe all of the historical examples outlined above. Many readers will surely want to say that what changes with a paradigm is only the scientist’s interpretation of observations that themselves are fixed once and for all by the nature of the environment and of the perceptual apparatus. On this view, Priestley and Lavoisier both saw oxygen, but they interpreted their observations differently; Aristotle and Galileo both saw pendulums, but they differed in their interpretations of what they both had seen.

(Page 120, Kindle edition)

These sorts of questions could be extended to other areas, which was why Stanley Fish so insistently schooled Nico Perrino, on one So to Speak podcast:

[Stanley]: Do you believe in the distinction between faith on the one hand and reason or empirical investigation on the other?

Nico: Yes.

Stanley: Yes, I thought you would.

Nico: Of course, I do. So, I’ve fallen into your trap.

Stanley: Because I don’t. I taught a course yesterday on Inherit the Wind. It’s a movie about the Scopes Trial in the early part of the 20th century.

Nico: Yeah, Scopes Trial.

Stanley: That’s a movie produced and directed by Stanley Kramer who is a stalwart First Amendment liberal. The entire dramatic rhetoric of the movie depends on the distinction between faith on the one hand and reason, especially reason associated with scientific experiments, on the other hand. That distinction doesn’t hold up for a second. That distinction doesn’t hold up. What’s you’re dealing with in science as opposed to let’s say orthodox Christianity or something else are two different faiths.

Two different kinds of faiths undergirded by radically opposed assumptions and presuppositions. But it’s presupposition and assumptions which are generating the evidence and facts on both sides. Again, you have – I can tell and say this with all the generosity – you are deeply mired in the basic assumptions and presuppositions of classical liberalism. Anything else that is brought to you, anything that is brought to you by some kind of retrograde sinner like me sounds outlandish and obviously perverse.

Nico: No, not necessarily. Because otherwise, I wouldn’t be having this conversation with you.

Stanley: Good point.

Nico: But, you know, we’re at the corner of what? 5th and 12th Avenue. Are you telling me it’s not a fact that we’re at the corner of 5th and 12th Avenue?

Stanley: Oh, come on. Come on. Look, have you ever read The Structure of Scientific Revolution?

Nico: I have not.

Stanley: Okay. Do you know what it is?

Nico: No.

Stanley: Okay. It’s a book that is probably the most influential book in the social sciences and humanities for the past 75 years. That’s not an understatement. That is not an overstatement. Kuhn, his project, is the history of science as his title suggests. What he does is challenge the picture that I’ve already referred to where he says that science is not an activity in which one generation because of using its powers of observation and experiment adds to the details of the description of nature that was begun by previous generations.

What he’s saying is that scientific knowledge is not cumulative in the way that the usual picture of science suggests. Instead, scientific knowledge, that is the establishment of scientific fact, depends on what he calls paradigms. What’s a paradigm? A paradigm is the set of in place assumptions and authorized methodologies that govern and are in fact the content of scientific investigation at any moment. Paradigms rather than any direct confrontation between the observer and the world. Paradigms are what produces evidence and interpretations.

Finally, interpretations that are persuasive and successful for a while until that paradigm, for reasons that he details, is dislodged by another. When that happens, when the paradigm within which scientific observers work Kuhn says changes. One might say without exaggeration that without the world in which the scientific practitioner works has itself changed.

Nico: See, I don’t buy it though because there are things that scientist do maybe through this paradigm that produce a tangible result that only come as a result of. Changing the paradigm won’t change the result.

Stanley: Tangible result is itself along with other talismanic phrases like that – tangible result will be recognized as one depending on what pragmatic point of view you are situated. What Kuhn would say, he’s not the only one and I’m not the only one, is that any conclusion that you might reach and be confident in is not supported by some correspondents between your methodological, descriptive protocol and the world. Rather it’s produced by the paradigm within which you are ensconced and of which you are in some sense an extension.

I really urge to read this book because he considers – he’s not debunking science. He’s not debunking scientific achievement. He’s just giving a different picture of it which challenges what he thinks of as the over simplified picture, again, of a world out there waiting to be correctly described. We, as rational observers, having the task to describe it.

Having now read a bit more than half of Kuhn, I understand what Stanley was saying, and I’m less inclined to agree with with Nico.

Anyway, one extension of the “paradigm” (or “gestalt,” as Kuhn so often has it) is the continually vexed question of “whether Christians and Muslims worship the same God,” which I have visited several times in the past (here, here, and even here in passing).

My paradigm, which led me to say “of course they do“ is monotheism strictly and literally speaking: There is only one God, howsoever He may be misunderstood. Those who say they do not worship the same God strike me as tacitly embracing henotheism, usually with some vehement tribal pride thrown in about the superiority of our God.

But in fairness, the paradigm of the “different God” folks is perhaps doctrine, and “common parlance” rather than strict and literal monotheism. A sufficiently different understanding of God (as the Islamic understanding differs from the orthodox Christian) is, figuratively, “another God,” much as scientists after a gestalt shift are figuratively in “a different world,” according to Kuhn (and Fish?).

Further, my paradigm is apparently flexible. I sometimes ruminate on how the “loving God” I met in bedtime Bible stories as a child, and in childhood Sunday School, got displaced by an “angry God,” prickly, even furious, at how our screwups besmirch His dignity, as if He were a feudal lord. They do indeed feel like different Gods. (I found the loving God again, once and for all, in Orthodox Christianity, but that story is too tangential today.)

Likewise, a “progressive Christian” profession that Matthew 25 is the “heart of the Gospel” arises from a different hermeneutic than mine and, I suspect, is a convenient way of making Christ’s incarnate deity an optional doctrine and doing away with “the scandal of the Cross.” In their paradigm/gestalt, Matthew 25 being the heart of the Gospel is almost axiomatic, and the stupendous paradox we celebrated yesterday is at best tangential, likelier credulous or even incomprehensible. They and I are divided by our nominally common (“Christian”) faith. (It also makes Christian sexual morality, which rivals the Cross for scandal-giving these days, optional.)

And then there are the Jews. I and they, too, worship different Gods if you want to be very figurative about it, though their non-Trinitarian God is pre-Christian rather than anti-Christian. I wonder, though, how many of the “Muslims-worship-a-different-God” folks even think about the Jews when blasting the Muslims?

So what? So can we, on this second day of Christmas (indeed, on all days) be less hasty with expressions that needlessly divide us with intimations that The Other believes as he believes because he’s pure evil rather than out of a very different, good faith, perspective?

That doesn’t mean we all unequivocally worship the same God, for God’s sake, but might our divisions can produce yearning instead of angry denunciations?

* * * * *

Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Donning the prophet’s mantle

The president of the United States attempted to use his political power to coerce a foreign leader to harass and discredit one of the president’s political opponents. That is not only a violation of the Constitution; more importantly, it is profoundly immoral.

The reason many are not shocked about this is that this president has dumbed down the idea of morality in his administration. He has hired and fired a number of people who are now convicted criminals. He himself has admitted to immoral actions in business and his relationship with women, about which he remains proud. His Twitter feed alone—with its habitual string of mischaracterizations, lies, and slanders—is a near perfect example of a human being who is morally lost and confused.

… None of the president’s positives can balance the moral and political danger we face under a leader of such grossly immoral character.

This concern for the character of our national leader is not new in CT. In 1998, we wrote this:

The President’s failure to tell the truth—even when cornered—rips at the fabric of the nation. This is not a private affair. For above all, social intercourse is built on a presumption of trust: trust that the milk your grocer sells you is wholesome and pure; trust that the money you put in your bank can be taken out of the bank; trust that your babysitter, firefighters, clergy, and ambulance drivers will all do their best. And while politicians are notorious for breaking campaign promises, while in office they have a fundamental obligation to uphold our trust in them and to live by the law.

And this:

Unsavory dealings and immoral acts by the President and those close to him have rendered this administration morally unable to lead.

…

To the many evangelicals who continue to support Mr. Trump in spite of his blackened moral record, we might say this: Remember who you are and whom you serve. Consider how your justification of Mr. Trump influences your witness to your Lord and Savior. Consider what an unbelieving world will say if you continue to brush off Mr. Trump’s immoral words and behavior in the cause of political expediency. If we don’t reverse course now, will anyone take anything we say about justice and righteousness with any seriousness for decades to come? Can we say with a straight face that abortion is a great evil that cannot be tolerated and, with the same straight face, say that the bent and broken character of our nation’s leader doesn’t really matter in the end?

Mark Galli, Trump Should Be Removed from Office, Christianity Today, 12/19/19.

I understand and respect Christianity Today’s customary avoidance of making politics central, or even prominent, among its concerns. It certainly has not, unlike the Democrats, “had it out for [Trump] from day one,” and therefore is exempt from the “cloud of partisan suspicion.”

I have many, many criticisms of Evangelicalism as my former spiritual home, some of which have been addressed here, more at least alluded to. But it stands alongside the Roman Catholic Church (and unlike mainstream Protestantism or the Orthodox Church) as an embodiment of what people envision when they hear or read “Christianity” or “the Church(es)” — if my judgment, which has lost contact with my countrymen in many ways, can be trusted this once.

So for the sake of the Christian faith and its ecclesial embodiment, I hope, without being very hopeful, that many Evangelicals will heed CT’s articulate call for removal of Donald Trump, an utter moral shipwreck, from the office of the Presidency.

UPDATE:

Green: One of the things that you seem most concerned about in the editorial is the reputation of evangelicalism—of Christianity—and the damage that this association with Trump might do to Christian witness.

I wonder how much that motivates you—your belief that the association with Trump is going to do long-term damage to the ability of Christians to share the Gospel.

Galli: Oh my God. It’s going to be horrific.

We’ve been a movement that has said the moral character of our leaders is really important. And if they fail in that department, they can’t be a good influence. That’s what CT said when Nixon’s immoralities were discovered. That’s what we said when Clinton’s immoralities were discovered. And one of the reasons I thought we should say it now is because it’s pretty clear that this is the case with Donald Trump.

Unfortunately, a number of my brothers and sisters will just defend him to the end. They somehow think that’s going to be a good witness to the Gospel. It’s unimaginable to me how they think that, but they do. And I just think it’s a big mistake.

…

I will acknowledge, and I did acknowledge, that the Democrats are riding on a partisan horse here. They just vehemently hate Donald Trump. And they’ve been trying from day one to get him out of office. There’s no question about that.

But that doesn’t take away from the fact that what they discovered is actually true. That’s the thing that’s disappointing about my evangelical and conservative friends. They just won’t admit it. They just won’t say it. They just say, “It’s partisan.” Well, yeah. It’s partisan. But this partisan effort happened to uncover something that was really bad.

The fact that not a single Republican, and none of my evangelical, conservative friends, has been able to admit that strikes me as a deep and serious problem.

I’m sorry, Emma. I’m going to start preaching—I used to be a pastor. I don’t think the Republican Party or the Democratic Party are exemplars of moral virtue. As most commentators have noted, our country is in a really deeply troubling state when it comes to ethical and moral leadership. I’m certainly not going to say, “Oh, all the politicians are really ethical and Donald Trump isn’t.” No. But he happens to be the president of the United States. He deserves a certain amount of focus.

Mark Galli interviewed by Emma Green at the Atlantic

* * * * *

Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Going gentle

I subscribe to many blogs in my Feedly aggregator, but as I ripen, my taste for two in particular is heightened.

One is Garrison Keillor’s, which arrives weekly on Tuesdays. Like his tales of Lake Woebegone, it is unfailingly gently of spirit. Take today’s, for instance.

The second is David Warren’s Essays in Idleness, which arrives virtually daily. Today’s was unusually good, concluding:

The more I think of it, the more I am convinced that politics exist merely to give us something to talk about. It is a form of theatre. Those who become impassioned on the subject may forget that it is a play, or movie. All the world’s a stage, as a playwright once observed. Perhaps it is a kind of Aztec play, in which the human sacrifices are real enough, but still, the sets will be cleared off. We mount the next play as if the first had never been performed. New victims wait patiently in the wings.

I wish that instead we could get back to the more fundamental questions, such as why is ice slippery? The more one looks into it, the more humble one becomes, in the face of a world that we did not create, and where we are passing spectators.

Both Keillor and Warren are in my general ripeness bracket — old enough for Social Security Retirement benefits (or the Canadian equivalent), but still generally alert & oriented x 3, as they say on hospital patient charts. Maybe they both were always placid, even sanguine, but I know I was not.

God no doubt created testosterone-crazed young men for a reason (which I suspect is mostly making babies), but I think that only old fools could long to return to that stage of life.

Wisdom too often never comes, and so one ought not to reject it merely because it comes late.

Felix Frankfurter, quoted by Judge Don Willett, quoted by Jonathan Adler.

* * * * *

Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Framing a guilty President-Elect

A dialog between conservative lawyers, one certifiable Never-Trumpish, the other too new to me for me to say, on the FBI’s counter-intelligence investigation of the Trump campaign:

French: Do you think they thought it was gonna all come out fine because they believed they were gonna have the goods, and they were going to be the team that exposed it? Ummm. Because you know, when you have a successful prosecution — let’s say you send a Gotti to jail — there are often elements of that prosecution that are bad. You’ll have suppression motions that evidence was collected unconstitutionally, you’ll have a henchman who walks because that prosecution was so bad — whatever. But the fundamental bottom-line story is “We got him,” and everyone who’s involved in that is a hero … And it just feels to me like this is the kind of thing you do when you are pretty darn sure that you know what the ultimate outcome is going to be.

Isgur: Well, let me use a more concerning example. I have worked on cases where defendants, including one who was on death row, [were] framed. Prosecutors and police don’t frame people who they believe to be innocent — at least I have not seen that happen. They hide evidence or manufacture evidence against people they believe to be guilty. I have no doubt in reading all of this that they truly believed that this was true and it was just a matter of proving it. They were not using these investigative techniques against innocent people …

French: Well, let me make another argument for my theory about the malignancy of the Steele Dossier … If you look at the alacrity with which the ratcheted up the effort to get the Carter Page FISA after they got the Steele Dossier — I have long thought that what the Steele Dossier did effectively was create the blueprint of what they were going to prove ….

David French and Sarah Isgur in the inaugural episode of the new Advisory Opinions podcast from The Dispatch.

I think French and Isgur are right (and that their new podcast is very promising — better than one French did with Alexandra DeSanctis, not a lawyer, at NRO), and I think so largely for my convictions about human nature — essentially what Isgur says about prosecutors and police.

I also coincidentally read a review of Clint Eastwood’s new movie Richard Jewel that posits that it has no heroes and no villains — just ordinary people doing their jobs (and making life hellish for an innocent oddball). Then I read another that makes it a parable of the Russiagate investigation, with Trump being the oddball who ipso facto was guilty.

That Trump seemed such an oddball that he must be guilty (and that “oddball” is massively understated) rings emotionally true, but I’ll withhold judgment on whether Clint Eastwood is so clairvoyant that he’d make a parable based on Trump’s innocence, which was not then manifest (even if you think it is now).

* * * * *

Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Make America Human (Again?)

[S]hould someone ask me whether I would indicate the West such as it is today as a model to my country, frankly I would have to answer negatively. No, I could not recommend your society in its present state as an ideal for the transformation of ours. Through intense suffering our country has now achieved a spiritual development of such intensity that the Western system in its present state of spiritual exhaustion does not look attractive. Even those characteristics of your life which I have just mentioned are extremely saddening.

A fact which cannot be disputed is the weakening of human beings in the West while in the East they are becoming firmer and stronger — 60 years for our people and 30 years for the people of Eastern Europe. During that time we have been through a spiritual training far in advance of Western experience. Life’s complexity and mortal weight have produced stronger, deeper, and more interesting characters than those generally [produced] by standardized Western well-being.

Therefore, if our society were to be transformed into yours, it would mean an improvement in certain aspects, but also a change for the worse on some particularly significant scores. It is true, no doubt, that a society cannot remain in an abyss of lawlessness, as is the case in our country. But it is also demeaning for it to elect such mechanical legalistic smoothness as you have. After the suffering of many years of violence and oppression, the human soul longs for things higher, warmer, and purer than those offered by today’s mass living habits, introduced by the revolting invasion of publicity, by TV stupor, and by intolerable music.

…

If the world has not come to its end, it has approached a major turn in history, equal in importance to the turn from the Middle Ages to the Renaissance. It will exact from us a spiritual upsurge: We shall have to rise to a new height of vision, to a new level of life where our physical nature will not be cursed as in the Middle Ages, but, even more importantly, our spiritual being will not be trampled upon as in the Modern era.

This ascension will be similar to climbing onto the next anthropologic stage. No one on earth has any other way left but — upward.

Aleksander Solzhenitsyn, Harvard University Commencement Address 1978.

Re-reading this (for the first time in more than a decade, I suspect) right after reading the latest blog from Fr. Stephen Freeman, was powerful, especially substituting “modernity” for “the West.” Especially were I to make it “the modern West,” I doubt that Solzhenitsyn would object.

I know that Solzhenitsyn is not alone, because I follow the (rather occasional) blog of an American expatriate who is quite happy in post-Soviet Russia, with another friend drawn back to Georgia, where he was living with his family last I knew.

Make America Human (Again?).

* * * * *

Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Tattletale telltales

“It is, I think, deeply concerning, that at a time when the President of the United States was using the power of his office to dig up dirt on a political rival, that there may be evidence that there were members of Congress complicit in that activity,” [Adam] Schiff told the press on Tuesday. …

This is unprecedented and looks like an abuse of government surveillance authority for partisan gain. Democrats were caught using the Steele dossier to coax the FBI into snooping on the 2016 Trump campaign. Now we have elected members of Congress using secret subpoenas to obtain, and then release to the public, the call records of political opponents.

Wall Street Journal, making what I think is a very legitimate point.

Let me rephrase Schiff’s barb:

The President of the United States used the power of his office to dig up dirt on Joe Biden. I and my fellow Democrats used our power to dig up what might be dirt on Congressman Devin Nunes, who has resisted our impeachment efforts.

I seem to recall complaining to my parents at the dinner table that my brother had his eyes open while dad prayed before the meal. The implication about my own eyes was not lost on my parents.

This is one of many reasons why even people of good will, who detest Donald Trump, have some qualms about the impeachment proceedings.

Another reason is signaled by yesterday’s suggestion by one of the Democrats’ law professor witnesses that the mere request by Trump that Zelensky announce an investigation, even without a quid pro quo, was an abuse of power.

In the eyes of we jaded citizens who didn’t just fall off the turnip truck, that’s the kind of abuse of power that probably is Standard Operating Procedure among friendly elite leaders — reinforcing Jonathan Turley’s testimony that impeaching on the set of facts Congress has collected so far sets a precedent we may live to regret.

I want Trump gone from my life, which won’t happen until one of us is dead, but at least he’ll debase the country less from Florida rather than 1600 Pennsylvania Avenue. Increasingly, an election strikes me as the preferred way to evict him.

* * * * *

Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Motivated reasoning

If I had to name only one thing I have learned in my many years of making arguments, it would be this: You cannot convince people of anything that they sense it’s in their interest not to know. I thought about this often as I was reading Alex Morris’s Rolling Stone story about American evangelicals’ love of Trump.

… It is very much in the interest of Morris’s aunt, and in the interest of millions and millions of other people, not to know that we are, through our economic choices, bringing ruin to the planet that we’re supposed to be the stewards of. And so she doesn’t know. Like so many others, she makes a point of not knowing.

But I think the problem of motivated not-knowing isn’t found only on the conservative evangelical side of things. Here’s one passage from Morris’s essay that seems to be drawing a lot of attention:

“The white nationalism of fundamentalism was sleeping there like a latent gene, and it just came roaring back with a vengeance,” says [Greg] Thornbury. In Trump’s America, “‘religious liberty’ is code for protection of white, Western cultural heritage.”

In that second sentence, the clause “In Trump’s America” is a problem. What does it mean? In one sense, the entire nation is “Trump’s America” right now, whether we like it or not; but maybe Morris means something like “Americans who enthusiastically support Trump,” or “the parts of the country that are strongly supportive of Trump.” Impossible to tell. Thornbury didn’t use the phrase, but presumably he said something that led into his line about “religious liberty” as code for something else.

So the passage is unclear, but I’d like to know what Thornbury means. I’ve written a good deal about the importance of religious freedom on this blog and elsewhere — just see the tag at the bottom of this post — so does that mean that I am using that topic as “code for protection of white, Western cultural heritage”? If so: explain that to me, please.

Maybe there’s something that Greg Thornbury and Alex Morris have an interest in not knowing: that even if millions of white Americans abuse the concept of religious liberty, religious liberty could nevertheless be in some danger.

Alan Jacobs, who has much more than this to say, including ways in which fundamentalist Christian cranks are motivated to ignore environmental damage.

Seriously, read it all.

But Jacobs omits something: anyone who thinks Rolling Stone is prima facie a reliable interlocutor of Christianity, and especially of the religious right, deserves all the false certaintly and motivated ignorance he gains there. Rod Dreher kinda hits that, too.

* * * * *

Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

God bless the socialists

Something extraordinary has happened.

On August 19, the New York Times published its “1619 Project” — a conscious re-writing of the arc of American history so radical that they had to completely ignore the top experts on American history to come up with something so tendentious.

They’re printing hundreds of thousands of reprints for school use, and some school districts are going to use it.

Consservatives responded with “stupid liberals, promoting identity politics again” and left it at that. No conservative publication seemed to think of actually talking to the top experts on American history that the Times ignored.

So far, dog bites man.

But now the Times is coming under attack from its left, as the World Socialist Web Site objects that by falsifying history to create a purely racial narrative, the Times is consciously trying to help the Democrat party and is suppressing the importance of class, so as to make almost impossible the formation of a multi-racial coalition of proletariat victims of capitalism.

That’s the ax they have to grind, but they ground it by interviewing the top experts on American history that everyone else had overlooked (as well as writing some pointed critiques of their own):

I’m indebted to Rod Dreher for calling this extraordinary set of articles to my attention, but we’re all more deeply in debt to the cantakerous socialists for doing the work nobody else thought, or cared, to do.

* * * * *

Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Gotcha! failure

Aaron Tang, a ConLawProf at U.C. Davis, opines in the very receptive New York Times: “Conservative Hypocrisy Makes Its Case at the Supreme Court.” The gist of the column is in the sub-headline: “Lawyers on the right are advancing arguments they once rejected on principle.”

Two problems with the column are (a) opportunistic arguments are nothing new (there’s a story about circuit-riding lawyer Abe Lincoln arguing a proposition for one client in the morning, its opposite for another client in the afternoon) and (b) progressive lawyers defending the laws in question are also advancing arguments they once rejected on principle.

Keep that in mind, though, and the cases Tang discusses are legitimately interesting. The Montana case seems like a particularly tough one for “conservatives.”

Montana had a “Blaine Amendment,” one of many 19th Century anti-Catholic state constitutional provisions that no public funding may be used directly or indirectly to aid any religious school. But “Montana’s 1972 constitutional convention overwhelmingly re-enacted the no-aid provision in order to protect religious institutions from state interference.”

A relatively recent legislature sought to circumvent the no-aid amendment by providing a (paltry) tax credit for scholarship funds for religious and secular schools, presumably reasoning that a tax credit prevents the money from ever becoming “public funding” subject to the provision.

The Montana Supreme Court reasoned otherwise, but mindful of SCOTUS precedents that states cannot treat religious institutions differently than similarly-situated secular institutions, struck down the whole program, not just the part allowing scholarship funds for religious schools.

I hope SCOTUS agreed to hear the case to say something like this:

No, no, no! We’re not going to sit a Super-Legislature. This case isn’t like our precedents.
The 1972 Constitutional Convention’s anti-entanglement rationale plausibly moots any constitutional infirmity of the bigoted original no-aid provision. (Dictum: events before and after 1972 arguably support Montana’s instinct that public funds come with strings attached, and we’re not going to second-guess the Montana Supreme court that tax credits are public enough to fall under the 1972 ban.)
There is no Federal constitutional right for private schools to get public support in any form, including tax credits.

Some of my favorite Colleges don’t take public aid in any form, and I think they’re the better for it, net. Further, it would not be good for the country for the high court, fortified by two Federalist Society-vetted nominees, to unduly embolden activist conservative litigators just because prior courts have emboldened progressive litigators.

Caveat: I have not read the briefs — an omission that will not be true of any of the Justices.

* * * * *

Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Punching down

More than 20 states have incorporated sexual orientation into their anti-discrimination statutes. As Charlotte Allen documents in “Punching Down,” this has empowered well-educated and well-paid gays to punish less educated, less wealthy neighbors who dare to refuse to bake a cake or make a bouquet for their weddings. At present, Colorado baker Jack Phillips has been targeted by yet another lawsuit, this time brought by a transgender Denver lawyer. The situation is exactly the opposite of the Montgomery bus boycott.

In certain circumstances it may be unjust to deny employment to a gay person. But this kind of discrimination, if it happens in our society (as surely it does), is not “invidious.” By any measure, discrimination against gays is uncommon. I am willing to bet a substantial sum that a fat person is far more likely to suffer employment discrimination than someone who engages in sodomy in the privacy of his home.

GLAAD set a goal: It wanted 10 percent of primetime TV characters to be LGBT. The organization recently reported that this goal was achieved. The new goal is 20 percent. Four percent of the population identifies as gay. In what universe does a group capable of compelling fivefold overrepresentation in the media require anti-discrimination protection?

R.R. Reno

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Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.