Category: Culture

Independence Day 2022

I have no flag-waving enthusiasm for you, but nothing too dark, either.

Trying to post daily isn’t a habit that comes easily. I’m dropping this one Monday morning, whereas my intent is to put a bow on my posts the prior evening.

Politics

From the Department of I Wish I’d Written That

I’ve been thinking about the weird intense hatred many conservatives feel for people like David French and Liz Cheney — for anyone they think isn’t “fighting.” Here’s my conclusion: The conservative movement has too many sheepdogs and not enough shepherds.

Sheepdogs do two things: they snap at members of the herd whom they believe to be straying from their proper place, and they bark viciously at wolves and other intruders. Sheepdogs are good at identifying potential predators and scaring them off with noisy aggression. (Often they suspect innocent passers-by of being wolves, but that just comes with the job description. Better to err on the side of caution, etc.)

What sheepdogs are useless at is caring for the sheep. They can’t feed the sheep, or inspect them for injury or illness, or give them medicine. All they can do is bark when they see someone who might be a predator. And that’s fine, except for this: the sheepdogs of the conservative movement think that everyone who is not a sheepdog – everyone who is not angrily barking — is a wolf. So they try to frighten away even the faithful shepherds. If they succeed, eventually the whole herd will die, from starvation or disease. And as that happens, the sheepdogs won’t even notice. They will stand there with their backs to the dying herd and bark their fool heads off.

Alan Jacobs

When abortion wasn’t a partisan issue

Abortion was not always a partisan issue:

Both before and immediately after the Roe v. Wade decision, many prominent Republicans, such as First Lady Betty Ford and New York Gov. and later Vice President Nelson Rockefeller, supported abortion rights.

At the same time, some liberal Democrats spoke out against abortion rights, including Sen. Edward M. Kennedy, vice presidential candidate Sargent Shriver and his wife Eunice Kennedy Shriver, as well as civil rights activist Jesse Jackson.

The anti-abortion movement was strongest in the heavily Catholic, reliably Democratic states of the Northeast, and its supporters believed that their campaign for the rights of the unborn accorded well with the liberal principles of the Democratic Party.

…

By the time the Supreme Court reversed Roe, the anti-abortion movement had become so thoroughly allied with conservative Republican politics that it was difficult to imagine a time when liberal Democrats who supported an expanded welfare state were leaders in the movement.

Daniel K. Williams, Before Roe, anti-abortion activism included liberals inspired by Catholic social teaching. In that ellipsis lies some interesting stuff, so read the whole thing.

It always puzzled me that abortion had become so partisan an issue. And gradually, it horrified me that abortion opponents felt obligated to vote for the creepiest, most implausible Republicans as long as they said they’d work to overturn Roe. Some of them plainly had not internalized the meaning of "pro-life."

I suppose there was an analogous process on the side of abortion supporters. Lord knows, the Democrats have some creepy people in high places.

We’ll see how, or whether, Dobbs changes that. The liberal Democrats who oppose abortion and haven’t died off should find the American Solidarity Party most congenial.

Jonah discerns a bit of hypocrisy

Definitions vary, but I think we can all agree that giving voters and their representatives power to make decisions is part of any serious understanding of democracy. I know that totalitarian and authoritarian countries like to call themselves democracies too. But such claims are what you might call “deceptive advertising” or “false branding” or “lies.”

As the English setter said when making a big fuss about a quail, here’s what I’m getting at: A lot of people described the Dobbs decision overturning Roe v. Wade as a blow to “our democracy.”

…

But let’s move on.

Nach maga, kommen wir.

There’s one area where I agree with Democrats about the threat to “our democracy.” All of the hardcore MAGA candidates championing the stolen election lie are a real threat to democracy. I may not agree with progressives about the scope or scale of the threat (I suspect our democracy can survive the election of a bunch of Trumpian Mini-Mes). But that, too, is beside the point. You don’t have to buy the argument that these bozos, grifters, useful idiots, and poltroons pose an existential threat to democracy to still think they pose a serious threat.

More importantly, I’m not the one saying they pose an existential threat. Last November, leaders of 58 of the most influential progressive groups wrote an open letter to Congress saying that, “Our democracy faces an existential threat—the very real possibility that the outcome of an election could be ignored and the will of the people overturned by hyperpartisan actors.”

So what have Democrats—who often echo this rhetoric—done to thwart these hyperpartisan democracy assassins?

Fund them to the hilt!

…

Jonah Goldberg, Democrats Have a Funny Way of Expressing Concern About ‘Our Democracy’

Legalia – Waffling on Coach Kennedy

As I’ve said, I’m not all that impressed by Coach Kennedy, the 50-yardline-post-game-prayer guy who won in the Supreme Court last week. In fact, I would have been okay with it if he had lost on the theory that his prayers, in the total context of his history of post-game prayers, was excessively (if subtly) coercive (which is more or less what the dissent argues).

Now, Prof. Josh Blackman (No Offense, But It’s Just A Prayer) has given me second thoughts about whether there ought to be any cause of action for "coercion" so subjective as the facts here shown.

Naturally, Mr. Kennedy’s proposal to pray quietly by himself on the field would have meant some people would have seen his religious exercise. Those close at hand might have heard him too. But learning how to tolerate speech or prayer of all kinds is "part of learning how to live in a pluralistic society," a trait of character essential to "a tolerant citizenry." Lee. This Court has long recognized as well that "secondary school students are mature enough … to understand that a school does not endorse," let alone coerce them to participate in, "speech that it merely permits on a nondiscriminatory basis." Mergens. Of course, some will take offense to certain forms of speech or prayer they are sure to encounter in a society where those activities enjoy such robust constitutional protection. But "[o]ffense … does not equate to coercion." Town of Greece.

Justice Gorsuch in Kennedy v. Bremerton (emphasis added).

Sometimes, I just need a good whack up side-o-the-head.

(I am not friendly, by the way, to what I take to be the Coach’s version of Christianity; that is almost invariably true of religious freedom cases in the U.S. because the U.S. has, in Ross Douthat’s words, so much Bad Religion. So don’t give me the "How’d ya like it if he was praying a Muslim prayer, huh?!" bit.)

Miscellany

Funning

I was told some decades back that the word "fun" has no real equivalent in other languages/cultures. That possibility was so much fun that I didn’t risk spoiling it by checking out the claim.

I also couldn’t define "fun." Now, at the end of his guest post The Holy Anarchy of Fun at Bari Weiss’s Common Sense, Walter Kirn gives it a shot:

Fun is abandonment. “Don’t think. Do.” It’s a form of forgetting, of looseness and imbalance, which is why it can’t be planned and why it threatens those who plan things for us. Fun is minor chaos enjoyed in safety and most genuine when it comes as a surprise, when water from hidden nozzles hits your face or when the class hamster, that poor imprisoned creature, has finally had enough and flees its cage.

I can’t say I find Kirn’s elliptical definition anything better than evocative, but now that he puts fun under my nose again, I find that feel less censorious toward it than I once did.

We spend too much time in the left hemisphere, "murdering to dissect" as Wordsworth put it. "Fun" could be at least a waystation on the way to

… a heart
That watches and receives.

Eine Kleine Structural Racism

Here is an example, not necessarily huge, of "structural racism": Brian Sawers, What Lies Behind That ‘No Trespass’ Sign – The Atlantic. It’s also an interesting historical story even apart from its ongoing effects. Suffice that keeping freed slaves in a deeply subordinate position was a substantial part of the motivation for closing formerly open lands.

For a few years in my childhood, my Dad owned maybe ten acres of country land, mostly woods. The idea was we’d build a custom home there some day. Dad posted "No Trespassing" signs, which found themselves peppered full of 22 caliber bullet holes. We even caught a squirrel hunter in flagrante delicto one time. It never occurred to me until now that maybe Dad shouldn’t have posted those signs, but should have expected hunters to visit, which really did him no harm. (This was an era where a landowner wouldn’t get sued if someone invited himself in a got hurt accidentlally.)

I don’t suppose there’s be a lot of people opting for a subsistence diet of squirrels, rabbits and more exotic critters, hunted on open lands, so I don’t know how lingering is the oppressive effect of these laws. But suffice that lands were legally open, and trespassing wasn’t a thing, until slaves got legally emancipated.

Both sides

There are some really crazy ideas out there, and not just on the QAnon Right:

Someday I will do this long-form and with a lot of sources and such, but I’m writing at the moment out of considerable annoyance. In short, I am so sick and tired of being told by leftists that our mental illness problems (my mental illness problem) are the fault of capitalism, or perhaps some such vague and useless thing as “the system.” Sometimes they say this specifically about suicide as well. I would like to ask compassionate people to stop doing this, and I have the following questions and complaints.

Freddie deBoer, My Brief Brief Against "Mental Illness is Just Capitalism, Man, the System".

Because what Freddie is responding to seems so outlandish to me, I’ll leave you with that teaser and link rather than quote more.

On B1G "stealing" USC and UCLA

College sports are so shameless that when anyone else does anything shameless in the world, they have to pay college sports a sizable royalty.

Jason Gay, My Big Ten Welcome to…USC and UCLA.

I talked to a sports fanatic at Church coffee hour yesterday. This move portends a lot more than I realized.

If people have always said it, it is probably true; it is the distilled wisdom of the ages. If people have not always said it, but everybody is saying it now, it is probably a lie; it is the concentrated madness of the moment.

Anthony Esolen, Out of the Ashes

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.

Saturday, 7/2/22

Bring back the smoke-filled rooms!

My older brother and I had lunch Thursday. We commiserated over the unintended consequence of party primaries producing extremist and jackass candidates. And now, the Democrats are spending unprecedented amounts to boost the craziest, least-electible Republicans in the primary elections — hardball at a level never before seen (the tactic isn’t new, or a Democrat specialty, but the amounts are eye-popping).

Why should the state prop up this destructive and preposterous system by running primaries, at taxpayer expense, for the Democrat and Republican parties, private entities that can nominate candidates in just about whatever manner they wish? Those parties have no rightful claim to my tax dollars; I increasingly avoid both of them, but to add insult to injury, the states promote their toxic duopoly by excluding most other parties from having state-funded primary races. Some of the arguments trotted out in church/state cases come to mind — you know, the ones about how tyrannical it is to force support of odious opinions via taxation.

Maybe if we abolished state-financed primaries, the major parties would return to the "smoke-filled rooms" — which we admittedly thought toxic until we saw that the alternative was worse.

(Abolishing the military draft is another bright idea I’m not so sure about any more.)

Another detransitioner, another lawsuit

The Sunday Times in London this week brings a devastating account from a young detransitioner, Ritchie Herron, who is suing the National Health Service after having his penis removed. He claims he was fast-tracked into a surgery that made him infertile and incontinent. It seems obvious to say that doctors ought to pause and try to understand what issues a patient may be facing beyond gender dysphoria before immediately removing someone’s penis. The only way the shoddy medical care around this is going to stop is through lawsuits.

Nellie Bowles

Corporate Cosplaying

For me, June mercifully past was the most obnoxiously in-your-face Pride Month yet, and that’s saying a lot. Two examples that I mercifully missed (though I saw plenty more):

On his website, the activist who came up with the rainbow tree logo to signify “outdoor safe spaces” in the National Parks gives some chilling insight as to why so many things from the Grand Canyon to Oreos are covered in the rainbow flag: “Have you ever asked yourself, ‘Is it safe to hold my significant other’s hand here?’ LGBTQ+ people are regularly assessing if spaces are welcoming. Even more so in outdoor and rural places that have traditionally been less-so than urban bubbles.”

Here’s another way to say the same thing: “Have you ever been troubled by the fact that when you go into public places some of the people you see don’t hold the same beliefs as you? Does it bother you that anyone would have the audacity to disagree with you or to believe that you’re not behaving as you should? Here’s a pin you can wear on your jacket or backpack to let people know that they should never be allowed to disagree with your beliefs about human sexuality.”

Rainbow Oreos & American Democracy.

I do disagree with prevalent beliefs about human sexuality and I see no reason why that might ever change.

Meanwhile, are we clear, "conservatives," that corporate America is not our friend? <begin hyperbole>Give me the powder and the map and I’ll blow up corporate America.<end hyperbole>

Have you figured out yet, liberals, that you’re being played? That it’s easier and more profitable for corporate America to give you Rainbow Oreos and performative threats to boycott states in Jesusland than to actually stop being evil?

Case in point:

Several American companies responded to a Supreme Court decision to overturn Roe v Wade, the ruling that declared abortion a constitutional right in 1973. Amazon, Apple, Meta, JPMorgan Chase, Microsoft and Nike were among those that pledged to cover travel costs for employees seeking abortions and other medical care not available in their state.

(The Economist) Note that this faux-generous offer is cheaper than family leave for employees who choose life.

Guns redux

For more on what’s wrong with Justice Thomas’s gun-rights decision, see On Guns, a Supreme Court Head-Scratcher: Is a Colonial Musket ‘Analogous’ to an AR-15?

I don’t think it contradicts anything I wrote, but it goes deeper.

Opinion that has held up well

Impeachment and removal with less than two weeks to go in this presidency may seem like a waste of time and energy. And the president, through a spokesman, has committed to an orderly transfer of power. But we think it would be an important act of civic hygiene, sending an important message to future would-be Trumps as well as to the rest of the world. Our image as a shining example of democracy and the rule of law has been covered in filth since the election. Republicans especially have an obligation to make a clear break with this man and this behavior for the good of the country, their historic reputations, and for the viability of a Grand Old Party that has shed any claim to grandness under this president.

Impeach Donald Trump, Remove Him, and Bar Him From Holding Office Ever Again, January 7, 2021

If people have always said it, it is probably true; it is the distilled wisdom of the ages. If people have not always said it, but everybody is saying it now, it is probably a lie; it is the concentrated madness of the moment.

Anthony Esolen, Out of the Ashes

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.

Thursday, 6/30/22

Shamelessly ad hominem

Dave Portnoy can’t even deal right now. Shortly after the Dobbs news broke, the “barstool conservative” celebrity took to Twitter with an “Emergency Press Conference.” “I feel like I have to speak on this issue,” Portnoy announced. There followed 2.5 minutes of semi-coherent ranting, where he proposes that we are “literally going backwards in time,” that “maybe not everything is to a T in the Constitution,” considering it was written by “people who own slaves,” and that he’s pretty sure “95 percent of people in the country think like me — they’re socially liberal and financially conservative.”

…

Of course, it’s tempting to point out that this is the hot take we would expect from a guy who defended himself against charges of being a repulsive womanizing scumbag by countering that maybe he was, but he didn’t break the law. Portnoy would hardly be the first of his kind to wax vehemently eloquent on the sanctity of women’s reproductive autonomy. But his take also reflects the whole political oeuvre he represents—that areligious potpourri of sexual libertinism, anti-authoritarianism, anti-wokeness, and lots of f-bombs.

Bethel McGrew (emphasis added).

I don’t know much about Portnoy. I first paid attention to the phenomenon of “barstool conservatives” within the last month. But I like, and credit, the observation that keeping women “reproductively autonomous” is damned convenient for guys with Satyriasis.

Newly-salient

It is a crime, to take just one example, to aid and abet the forcible intimidation of government officials, including the vice president and members of Congress.

Andrew C. McCarthy, citing newly-salient Federal Criminal laws after Cassidy Hutchinson’s Tuesday testimony.

McCarthy continues:

In any event, Hutchinson explained that the speech, like all presidential speeches, was carefully vetted by staff. White House counsel Pat Cipollone and his staff pleaded for removal of the exhortations Trump was insistent on including — “fight for me,” “fight for the movement,” and so on. They were too close to the legal line of incitement. It was plainly foreseeable that the mob could take forcible action; if it did, White House lawyers feared that this rhetoric would place Trump squarely in legal jeopardy for whatever mayhem resulted — obstruction of congressional proceedings, intimidation of and assault on federal officials, and so on.

The rhetoric stayed in the speech.

So did Trump’s vow that he would be marching to the Capitol with the mob.

A mea culpa: I just assumed that Trump’s vow that he would be marching to the Capitol with the mob was just another of his (literally) innumerable lies to whip up mobs. But if you’re familiar with Hutchinson’s testimony, you now know that he was prevented from doing so by the Secret Service — and may have tried to wrest the steering wheel away from his Secret Service chauffeur.

On the observation that a lot of Hutchinson’s testimony was hearsay:

Still, a few things are worth bearing in mind. First, this isn’t just any hearsay — like idle chatter a witness might eavesdrop on. We’re talking here about a chain of command, where government officials are expected to report things to their superiors — in this instance, up to the president’s chief-of-staff. More to the point, Hutchinson learned these details just minutes after the encounter in the limo. Ornato came directly to Meadows’s office with Engel. As Engel looked on in apparent affirmation, Ornato relayed what had just happened to Hutchinson. Engel gave no indication that Ornato had gotten any of the details wrong. And if Hutchinson is lying or exaggerating, it’s strange that, under oath, she would voluntarily identify so many witnesses who could contradict her.

… [W]hen we say the committee lacks due-process legitimacy, that means it lacks legitimacy as an ultimate finder of fact. It does not mean that we can blithely dismiss any evidence the committee discloses. It does not mean that, because we’d prefer that the evidence not be true, we can dismiss it out of hand because we don’t like the Democrats or the committee process. These witnesses are testifying under oath. There is significant risk to them if they are found to have committed perjury.

For now, all we can responsibly do is ask ourselves whether the evidence presented under these deficient procedures seems coherent and credible ….

In that last assessment, confirmation bias is inevitable. To me, the evidence is coherent and credible.

Recommended: Damon Linker, After Roe: A Letter to My Teenage Daughter About the Dobbs Decision

Excerpt:

Many rejoiced at [Roe v. Wade], but it also angered lots of people—at first, mainly Catholics, who strongly opposed abortion, but they were soon joined by evangelical Christians and even some secular activists. These critics of Roe made two main arguments: first, that the decision was immoral because it declared that women had a constitutional right to murder their babies; second, that the decision was tyrannical because it negated democratically enacted laws.

Before long, those making these arguments came to be called the “pro-life movement.” For the past forty years, it has fought to influence public opinion and gain support in the legal community. That effort finally achieved its goal last Friday, after 49 years, when a Supreme Court majority took its side, declaring, in part, that enough Americans consider abortion to be murder that it should not be treated as a constitutional right; states should be free to permit or forbid the procedure based on the outcome of democratic debate.

I think Linker’s account is extraordinarily fair.

For whatever reason rooted in my emotional make-up, I have always been more in the “Roe was tyrannical” rather than “Roe was immoral” camp. Perhaps it’s because my pro-life awakening came when I was in Law School, already enrolled in a Constitutional Law class.

I believe I have written here that any state legislation on abortion would have a constitutional legitimacy that Roe and its progeny lacked. At least for now, that’s all I’m going to say about my position on what restrictions my state should enact, confident that it’s not going to declare a 40-week open season on the unborn, or even 20+ weeks. In a few weeks, when our legislature convenes, my attention will presumable sharpen.

If people have always said it, it is probably true; it is the distilled wisdom of the ages. If people have not always said it, but everybody is saying it now, it is probably a lie; it is the concentrated madness of the moment.

Anthony Esolen, Out of the Ashes

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.

Feast of Saints Peter & Paul, 2022

SCOTUS

What’s wrong with the gun-rights decision?

If you’ve read me for very long, you’ll know I’m pretty tepid about gun rights. But I’m going to weigh in on last week’s Bruen decision anyway: I don’t like it.

What I don’t like is the approach Justice Thomas took to reach his results. For ease, and because I’m not so hot on guns to go any deeper, I’ll quote my beloved Morning Dispatch:

Thomas’ majority opinion does rework how courts should assess the constitutionality of gun legislation. Courts must drop their previous efforts to balance the interest of the state in preventing gun violence against the Second Amendment rights of individuals, Thomas wrote, and instead consider only the Second Amendment’s text and the “history and tradition” of gun legislation when the Second and 14th Amendments passed.

“They’re not looking for whether there was the exact same gun regulation,” Stephen Gutowski, founder of gun policy outlet The Reload, told The Dispatch. “They’re looking at whether there was a similar gun regulation.”

Thomas writes that courts are more equipped to perform a historical legal analysis than the cost-benefit analysis they’ve been attempting, but Breyer’s esoteric weapons list highlights that it could still be a challenge to properly identify and apply relevant regulations. “I just think [Thomas is] a little overconfident in the ability of particularly lower courts, which don’t have endless resources and immense law libraries,” Seth Chandler, a University of Houston law professor who has taught Constitutional law, told The Dispatch. “Even Justice Thomas acknowledges that this process of analogous reasoning, it’s not straightforward and obvious.”

(Italics added)

It’s not just that history offers only analogies in many cases but that, reportedly, Justice Thomas discarded some historic restrictions as not relevant for one reason or another. How are the lower courts supposed to evaluate history when he was kind of cavalier about it.

So Bruen has not added consistency and clarity to Second Amendment Jurisprudence. It may have diminished it.

Joseph Kennedy, the football-prayin’ fool

On Monday, SCOTUS decided Kennedy v. Bremerton School District, the praying football coach case.

On Monday, I began reading Samuel P. Huntington’s Clash of Civiliztion, which I’m enjoying very much, but not at the moment because I’m typing about a case I was surprisingly ambivalent about.

So let’s see if we can make some brief sense of it and get me back to Huntington. I am hugely indebted to the Advisory Opinions podcast because when I saw all those printed words I said “No, siree! I’m not going to cut-and-paste from all that! I just don’t care that much!”

  • Majority version: Saintly Joseph Kennedy only wanted a moment of private, personal prayer at the 50 yard line immediately after the football games he’d just coached. Conscience-bound, he conscientiously violated oppressive directives from the school district, which suspended, then fired him. He wins on both religious speech and general free speech grounds, the gap between which we’re now narrowing. By the way, we hereby drive a stake through the heart of Lemon v. Kurtzman, one of several zombie precedents we’ve left haunting the countryside, while giving the side-eye to lower courts who don’t get the joke.
  • Dissent: WTF! You’re describing a completely different case! This is a case of a willful provocateur seeking to lead his players to Evangelical-Jesus, praying in a very public place, in front of most of the stadium, and by winks and nods inviting players to join him at mid-field and yelling “Neener! Neener! Neener!” at the School Board. If we allowed this sort of thing, it would lead to terrible places and he really should have lost.
Coach Pharisee and his entirely "voluntary" congregation, with no perceived pressure that they must pray to play.
Coach Pharisee and his entirely voluntary flock. He has his reward.
  • Yes, the facts stated in the opinion and those stated in the dissent differed almost that wildly. My impression has been that the dissent’s version is closer to the whole truth, the majority’s version a bit — Ahem! — curated. (I also thought trials, not appeals, were supposed to determine the facts, but never mind.)
  • Net result: Kennedy wins and nobody should cite Lemon v. Kurtzman any more. Future courts are again told to consult “historical practices and understandings.” You may genuflect now and back out of the room slowly — and try to wipe that look of puzzled incredulity off your faces.

Hard cases make bad law, but this one seemingly made almost no law at all except that a zombie is now declared a corpse. That’s my story and I’m stickin’ to it unless I stumble across a more compelling version.

Do not forward; moved, left no forwarding address

The West Caldwell Police Department has responded to multiple calls at a residence formerly owned by Justice Samuel Alito. Erroneous information was circulating on the internet that indicated that Justice Alito still resides in West Caldwell, and individuals have been sending harassing packages to the current resident.

Justice Alito moved out of West Caldwell Just after being confirmed to the US Supreme Court, 15 years ago in 2007. The current homeowner has no affiliation with Justice Alito and deserves to live in peace in their home free from harassment, regardless of anyone’s political beliefs.

All incidents will be investigated and those responsible will be charged and prosecuted.

Please like and share this post to hopefully put an end to this activity.

Howard Bashman (How Appealing) via Eugene Volokh

I will never again complain about people who ignore my voicemail greeting and leave messages for an auto parts place with a number one digit off our home phone number.

Tallying the cost of Dobbs

It is done. The decision by the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade, ending 50 years in which abortion has been a constitutional right.  

Now Catholic and evangelical Christian leaders need to acknowledge the costs of their victory. The most visible is nearly a half-century of being in bed with the Republican Party, and most recently its leader Donald Trump, a man of low morals willing to lie, cheat and, to hear the Jan. 6 committee tell it, break the law in order to stay in office. 

It also meant becoming a single-issue constituency who sacrificed nearly every social justice issue to create a Supreme Court that would reverse Roe v. Wade.

…

Yes, the Republicans finally delivered on their promise to reverse Roe, but in every other way it is making the world less hospitable to life. To call this pro-life is absurd.

Thomas Reese, What has the demise of Roe v. Wade cost the Catholic Church?.

There’s not all that much more to the piece, but Reese lists areas of Catholic Social Teaching he thinks have been neglected.

Miscellany

The New Handmaiden’s Tale

I’m sure it’s just another form of sex work, and therefore liberating, but I find this exceedingly creepy.

H/T Rod Dreher

I would find just as creepy, I think, if it was an opposite-sex pair of yuppies staring into each others eyes, congratulating each other on outsourcing a job they just wouldn’t disrupt their careers for.

This instrumentalizes women and commodifies babies, so it’s in perfect keeping with the zeitgeist.

If people have always said it, it is probably true; it is the distilled wisdom of the ages. If people have not always said it, but everybody is saying it now, it is probably a lie; it is the concentrated madness of the moment.

Anthony Esolen, Out of the Ashes

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.

Tuesday, 6/28/22

Still more on Dobbs

As I know the lay of the land uncommonly well, I am trying to say some genuinely useful things, that are not being said very commonly, on the reversal of Roe and Casey. I’m also trying to avoid worsening tensions. I even exited social media for a few days (maybe more than necessary — I’ve been peeking) when a discussion started getting unproductively heated.

Face-saving failure

Confirmation hearing vignettes:

Here’s Justice Gorsuch: “Roe v. Wade, decided in 1973, is a precedent of the U.S. Supreme Court. It has been reaffirmed. . . . So a good judge will consider it as precedent of the U.S. Supreme Court worthy as treatment of precedent like any other.”

He added that “If I were to start telling you which are my favorite precedents or which are my least favorite precedents, or if I viewed precedent in that fashion, I would be tipping my hand and suggesting to litigants that I have already made up my mind about their cases.”

And here’s Justice Kavanaugh: “Roe v. Wade is an important precedent of the Supreme Court. It has been reaffirmed many times. It was reaffirmed in Planned Parenthood v. Casey in 1992. . . . So that precedent on precedent is quite important as you think about stare decisis in this context.” He made no specific pledge about either case that we have seen. Justice Amy Coney Barrett expressly rejected the idea that Roe was a super precedent.

Wall Street Journal Editorial Board, which also explains why a nominee cannot pledge to uphold a precedent or to strike it down:

Sens. Susan Collins and Joe Manchin said Friday they feel Justices Brett Kavanaugh and Neil Gorsuch deceived them on the precedent point in testimony and in their private meetings with the Justices. We weren’t in those meetings, but we’d be stunned if either Justice came close to making a pledge about Roe.

The reason is that the first rule of judging is that you can’t pre-judge a case. Judges are limited under Article III of the Constitution to hearing cases and controversies, and that means ruling on facts and law that are specific to those cases.

No judge can know what those facts might be in advance of a case, and judges owe it to the parties to consider those facts impartially. A judge who can’t be impartial, or who has already reached a conclusion or has a bias about a case, is obliged to recuse himself. This is judicial ethics 101.

An authority on this point is no less than the late progressive Justice Ruth Bader Ginsburg, as she explained in 1993. “It would be wrong for me to say or preview in this legislative chamber how I would cast my vote on questions the Supreme Court may be called upon to decide,” she said. “A judge sworn to decide impartially can offer no forecasts, no hints, for that would show not only disregard for the specifics of the particular case, it would display disdain for the entire judicial process.”

Frankly, no nominee should ever pledge their vote on any issue at confirmation hearings. That alone would be a disqualifier. Any Senator worth his or her seat should understand that, and since I respect them as senateworthy, I suggest that both Collins and Manchin do understand it. Their face-saving isn’t convincing.

Now flooding the zone shamelessly

As I scan the New York Times Opinion page since Friday morning, it’s apparent that "flooding the zone with sh*t" is not a MAGAworld exclusive.

Do not trust the Grey Lady for reliable interpretation of Dobbs overruling Roe or for prognostications about what a supposedly agenda-driven court is going to do next. (Exception: Ross Douthat wrote one of the wisest things I’ve read in the aftermath, and they did publish it.)

Is the court going to ban contraception? Ban sodomy? Ban same-sex marriage? Overrule the precedents that dogmatized rights to each into existence?

Just remember: courts decide cases. They don’t go out and make mischief on their own. So how would SCOTUS even get a chance to rescind these other "unenumerated rights"?

Damon Linker (After Roe: The Reversals to Come), who I respect enough to read when it’s obvious we disagree, imputes a nefarious agenda to the court but skips any suggestion of how it would get the opportunity to realize that agenda.

I can think of no obvious way other than some jurisdiction banning contraception, sodomy or same-sex marriage, resulting in a fresh round of litigation.

What do you think of the life expectancy of a legislator, even in Texas, who proposed to outlaw contraception? Outlawing sodomy would be a hard sell in 2021 even in red states. I could imagine a performative bill to define marriage as sexually binary, but have trouble imagining it getting very far.

If it did, the lower Federal courts would almost certainly strike such a law down under Griswold, Lawrence or Obergefell. Then SCOTUS could just decline to grant certiorari.

If it granted "cert," the stare decisis analysis on those precedents would include factoring in some very, very concrete reliance on Obergefell in the SSM context.

I’m no prophet, and I’m not close enough to the political poles to be incapably of suffering rude surprises, but I just don’t see those other precedents falling until there’s I’m long in the grave and there have been some major wake-up calls from realities we’ve had on call-blocking for a while.

Heartening

After weeks of incendiary rhetoric, attacks on crisis pregnancy centers, and a foiled attempt on Justice Brett Kavanaugh’s life, Planned Parenthood and other pro-abortion groups formally disavowed violence in the name of their cause. Those who use “destruction and violence” do not speak for them or the movement, the groups said in a statement.

TMD

On a related note, one of my favorite Substackers, Freddie deBoer, scared me by opening that it’s time for the Left to engage in extralegal resistance. Fortunately, it turned out that he meant things like helping abortion-minded women get to states where abortion is legal, or even to help them find clandestine abortions in their own states.

I don’t even think the former could be criminalized; the latter, perhaps.

Victor Rosenblum

As I was writing yesterday that I wish Nat Henthoff had lived to see Friday’s Dobbs decision, I was wracking my brain for the name of his "country cousin" (also a prolife liberal Jewish Democrat) at Northwestern University Law School. I finally gave up. Of course, it finally came to me this morning. So: I also wish Victor Rosenblum had lived to see this day.

Advice for the despondent

After stylishly signaling his pro-choice virtue, Garrison Keillor shows some sympathy for the 6 justices who are now pariahs, and then turns to some good advice for his own tribe:

Meanwhile, remind yourself that other people have thrived under wretched governors so don’t be discouraged. The Duke of Saxe-Weimar threw Bach in jail for daring to think he had individual rights. Dante was sent into exile and he wrote the Inferno so he could put the politician Argenti into the Fifth Circle of Hell. Dostoevsky joined a liberal study group for which, in 1849, he was thrown into prison and sentenced to death by firing squad, and was third in line to be executed when a pardon arrived. He lit out for Paris, London, Berlin, and figured out how to survive, writing Crime and Punishment in serial installments for magazines, avoiding politics. While cruelty is in power, do what Mozart did. Exercise your gifts. Create beautiful things. Wolfgang stayed clear of emperors and did his work and he lives on today and the emperors are just moldy names on marble slabs covered with pigeon droppings. If you can’t write The Marriage of Figaro, write your own marriage and make it a work of art.

That’s kind of what I’ve been trying to do, in my very limited way, for more than a decade. I like to think of myself as that proverbial butterfly in the Amazon, very subtly changing the weather in Indiana.

Not Dobbs

Still flooding the zone

The Donald reads conservatives out of MAGAworld

Bozos on the bus

What we need as a nation, more than anything else I can think of, is a recommitment to basic competence, and, especially, a refusal to accept ideological justifications for plain old ineptitude. Too often Americans give a free pass to bunglers and bozos who belong to their tribe.

Alan Jacobs, I think we’re all bozos on this bus – Snakes and Ladders

Inauguration Day 2017 in a Nutshell

Speaking of clowns:

When a clown moves into a palace, he doesn’t become a king. The palace becomes a circus.

Turkish Proverb (reportedly)

A little levity

I probably have given too short shrift to the January 6 Committee hearings because … well, I didn’t think anything they said would change my life or my vote. But I sure got a chuckle out of this:

H/T Yassine Meskhout

If people have always said it, it is probably true; it is the distilled wisdom of the ages. If people have not always said it, but everybody is saying it now, it is probably a lie; it is the concentrated madness of the moment.

Anthony Esolen, Out of the Ashes

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.

At last, after 49 years …

Dobbs

The case and my feelings

After some 40 years as consciously pro-life, most of those years being actively pro-life as well, I feel a strange let-down and foreboding:

  • Dobbs means pro-abortion terrorism for a while;
  • Dobbs means prolonged political debate in many of the 50 states, some of which will swerve performatively too far left or right;
  • Dobbs is messier procedurally than I remembered; and
  • I have friends who are beside themselves with grief and rage (I hope they appreciate that I was constitutionally outraged by Roe for 40 years).
  • UPDATE: Of course! Duh! The leak made this anticlimactic all by itself! (H/T Advisory Opinions podcast)

Yes, I’m satisfied with the outcome: Roe was wrongly decided, and Casey may have been even worse. It’s important for the structural integrity of our constitutional system that political issues not be hijacked by the courts under constitutional pretexts.

On what becomes of birth control, inter-racial marriage, same-sex marriage, anti-sodomy laws, and any remaining liberal groin pieties, I suggest that the most important observation in Alito’s opinion is this:

… even putting aside that these cases are distinguishable, there is a further point that the dissent ignores: Each precedent is subject to its own stare decisis analysis, and the factors that our doctrine instructs us to consider like reliance and workability are different for these cases than for our abortion jurisprudence.

(Opinion at 71-72)

Homework: using the factors for upholding or overruling precedent outlined by Alito, do your own stare decisis analysis on each. I’ll get you started: not one of the four is deeply rooted in our history and traditions, but that’s only the beginning of the analysis. From there, it gets more interesting.

Night of Rage

In a recent video essay, my friend James Wood has suggested that in this day and age, thinking Christians should work to recover a theology of the demonic. I don’t assume this suggestion will be equally meaningful to all my readers. But I submit that you can’t contemplate what drives men to organize a “Night of Rage” against Christian charities whose sole purpose is aiding pregnant women, and not wonder if there is a dark something or other lurking back of it all.

Bethel McGrew, Morning in America. I quote it because I was thinking exactly the same thing. There is no logic to vandalizing or even firebombing pro-life pregnancy centers unless the motivation is consciously pro-abortion, not pro-choice, or else one is demonically confused.

Other Legalia

Principled

We could not abandon ongoing representations just because a client’s position is unpopular in some circles.

Former Solicitor General Paul Clement on leaving Chicago’s Kirkland & Ellis when they decided to abandon second amendment litigation. He is forming his own firm with another Kirkland partner.

Best wishes. Even though I’m at best lukewarm about guns, this stand is principled, and nobody’s going to have to pass the hat so Paul Clement can pay for his lunch.

Correct facts, dubious conclusion

One of the reasons I think the Supreme Court got it right in Carson v. Makin is the poor quality of the dissents. Justice Sotomayor actually invoked the "wall of separation," an extraconstitutional metaphor that probably has never actually fit our nation’s polity (starting with the little-known fact that we had state-established churches into the 1830s).

But an odder one is Justice Breyer’s:

This potential for religious strife is still with us. We are today a Nation with well over 100 different religious groups, from Free Will Baptist to African Methodist, Buddhist to Humanist. See Pew Research Center, America’s Changing Religious Landscape 21 (May 12, 2015). People in our country adhere to a vast array of beliefs, ideals, and philosophies. And with greater religious diversity comes greater risk of religiously based strife, conflict, and social division. The Religion Clauses were written in part to help avoid that disunion. As Thomas Jefferson, one of the leading drafters and proponents of those Clauses, wrote, “ ‘to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical.’ ” Everson, 330 U. S., at 13. And as James Madison, another drafter and proponent, said, compelled taxpayer sponsorship of religion “is itself a signal of persecution,” which “will destroy that moderation and harmony which the forbearance of our laws to intermeddle with Religion, has produced amongst its several sects.” Id., at 68–69 (appendix to dissenting opinion of Rutledge, J.). To interpret the Clauses with these concerns in mind may help to further their original purpose of avoiding religious-based division.

Is there any evidence whatever that increased religious diversity leads to greater strife? Doesn’t Western history’s putatively religious strife generally involve Protestants versus Catholics in a society where almost everyone was one or the other? Doesn’t our present reality belie Breyer’s logic, i.e., doesn’t our lack of strife despite "well over 100 different religious groups" tend all by itself to disprove Breyer’s prophecy?

Let’s end the end-runs now

Anticipating this week’s school funding decision, Maine lawmakers enacted a crucial amendment to the state’s anti-discrimination law last year in order to counteract the expected ruling. The revised law forbids discrimination based on gender identity and sexual orientation, and it applies to every private school that chooses to accept public funds, without regard to religious affiliation.

Aaron Tang in the New York Times

It would be interesting to learn whether the debate over S.P. 544 (the Bill in question) included any invidiously discriminatory snark about religion.

But the legislature avoided one other potential infirmity.

Previously, Maine law allowed sexual discrimination in education (some of the private schools receiving aid while religious schools did not were either all-male or all-female) while forbidding sexual orientation discrimination (with an exception for religious schools). That seems exceedingly odd, as bans on sexual discrimination are generally older than those based on sexual orientation.

The revision adds a prohibition on sex discrimination as well as sexual orientation discrimination, and thus will put those other private schools to the choice of going co-ed or forfeiting aid.

I can’t think of a legal theory I’d want to see recognized by courts that would allow Maine private schools to do an end-run around the legislature’s end-run. It’s always been the case that state money comes with strings attached.

The challenge for private schools now is the get parents to care enough about their children’s longterm wellbeing to reject the economic values society promotes, notably including consumerism, and to redirect some dollars to tuition in schools that won’t perpetuate those ultimately-immiserating values. Sad to say, most "Christian" schools are consumerist with a religious veneer.

January 6

Liz Cheney, kamikaze pilot

[Florida Governor Ron] DeSantis … is capturing the Republican imagination as tough and committed but not unstable or criminal.

Peggy Noonan.

"Not unstable or criminal" is an improvement for the post-2015 GOP.

But I, a former Republican and still reflexively concerned about that party, am not enthusiastic about DeSantis for more than maybe 30 seconds at a time. His appearance, unfortunately, is kind of Mafia. He is quite smart but too often "politically savvy" in crudely manipulative way.

More Noonan:

Mr. Trump’s national polling numbers continue underwater, but the real test will be to see those numbers after the Jan. 6 hearings are over. I believe we’ll see Rep. Liz Cheney’s kamikaze mission hit its target, and the SS Trump will list.

…

This is one of the great stories. Mr. Trump won’t recover from it.

I think Republicans, including plenty of Trump people, are slowly but surely solving their party’s Trump problem.

Liz Cheney, or Providence through her, has turned the January 6 Committee into a nothingburger for the Democrats and a boost for sane, non-criminal Republicans. Some day, maybe, a renewed GOP will issue her a posthumous pardon and even lionize her as a self-sacrificial heroine in our nation’s hour of need — no less than Mike Pence’s steadfastness on January 6 itself, and equally "kamikaze."

Still, I’ll be voting American Solidarity Party again in 2024, I think, and don’t expect ever to declare myself Republican again. And I don’t expect politics from any perspective, to really accomplish much of lasting importance.

The January 6 Committee, a liberal view

The decision by the House minority leader, Kevin McCarthy, to keep pro-Trump Republicans off the Jan. 6 committee has eliminated the back-and-forth bloviating that typically plague congressional inquiries, allowing investigators to present their findings with the narrative cohesion of a good true-crime series. Trump, who understands television, appears to be aware of how bad the hearings are for him; The Washington Post reported that he’s watching all of them and is furious at McCarthy for not putting anyone on the dais to defend him.

…

Dustin Stockton helped organize the pro-Trump bus tour that culminated in the Jan. 6 rally at the Ellipse in front of the White House. Politico once called him and his fiancée, Jennifer Lawrence, the “Bonnie and Clyde of MAGA world.” On Tuesday, after a hearing that included testimony by Rusty Bowers, the speaker of the Arizona House, and the Georgia election workers Ruby Freeman and Shaye Moss, Stockton tweeted, “This has been the most impactful of the January 6th Committee hearings. Embarrassed that I was fooled by the Fulton County ‘suitcases of ballots’ hoax.”

He was referring to the conspiracy theory, pushed by Trump and his allies, that election workers smuggled fraudulent ballots into the State Farm Arena in Atlanta and ran them through the voting machines multiple times. Tuesday, he said, was the first time he realized the tale was a complete fabrication.

… The hearing on Tuesday … got to him, especially the testimony from Freeman and Moss about how their lives were upended by the lie Stockton helped spread.

“To see the just absolute turmoil it caused in her life, and the human impact of that accusation, especially, was incredibly jarring,” Stockton said of Freeman.

… Elite conservatives mostly understood that Trump’s stories about a stolen election were absurd; as one senior Republican official asked The Washington Post, “What is the downside for humoring him for this little bit of time?” But his rank-and-file devotees weren’t all in on the con. Instead, they were the marks.

Michelle Goldberg.

I think we know now what the downside was of humoring Trump.

Politics Generally

Biden’s incoherence on LGBT

In no area has the Biden administration been more appallingly misled by extremists than in "LGBT" issues. His ignorance of what constitutes "conversion therapy" has led to a particularly perverse result — as shown in the last sentence below:

Some therapists who work with children with gender dysphoria worry that [a June 15 Biden executive order “advancing equality for lgbtqi+ Individuals”] could be interpreted to mean therapists should not investigate why someone feels distressed about their biological sex. … It has long been held that people with gender dysphoria should have therapy before drugs.

Increasingly, however, such talking therapy has clashed with “gender-affirmative” care, which accepts patients’ self-diagnosis that they are trans. That is now considered best practice in America’s booming trans health-care field. Therapy has been dismissed as “gatekeeping”, even when applied to trans-identifying minors for whom gender-affirming drugs can be particularly harmful. … Finland and Sweden have mostly stopped prescribing blockers to under-18s in favour of talking therapy, because the evidence base for them is thin. Mr Biden’s order, by contrast, asks federal departments to expand access to “gender-affirming care”.

The order does not impose an outright ban on therapy for gender-dysphoric youth. But it will have a “chilling effect”, says Lisa Marchiano, a Jungian therapist and a co-founder of the Gender Exploratory Therapy Association. Most decent therapists should be able to help people with gender dysphoria, she says. Yet America’s focus on affirmation means many are wary of doing so. Instead, they refer children to gender therapists, who are likely to affirm a trans identity and suggest drugs. Some gay adults who struggled with gender nonconformity in adolescence say they believe that encouraging children with gender dysphoria to consider themselves trans is in effect conversion therapy.

The Economist (emphasis added)

If there is any grain of truth in the conservative charge of "grooming" or "recruitment," it’s that foreclosing or chilling pre-transition psychological assessment delivers gender-dysphoric kids to the tender mercies of people who don’t make real money unless the kid transitions.

What liberals can learn from conservatives

By and large, I’ve been underwhelmed by Damon Linker’s new Substack. It’s a big commitment to write and some length many times per week, and Linker seems, ummmm, out of the habit.

But Friday he hit a home run, especially for anyone who has read and pondered Jonathan Haidt’s The Righteous Mind..

  • He tacitly challenges Haidt to "do better" on measuring the moral values of liberals;
  • He explains why he thinks liberals profess disinterest in the values of sanctity, authority and loyalty;
  • He suggests that liberals are missing out on a full appreciation of moral pluralism by discounting sanctity, authority and loyalty; and
  • Bonus for me who wasn’t familiar at all with Isaiah Berlin (beyond knowing that he was an important intellectual of some sort), he summarizes Isaiah Berlin’s thoughts on moral pluralism along the way.

I have reason to think that this link will get you Linker’s full piece even if you’re not a subscriber.

Face-plant

Lauren Boebert apparently thinks that if Jesus and da boyz had them some AR-15s, He wouldn’t have had to die that yucky ole death.

She made this remark to a gathering at some "Christian Center."

To be fair, the response to her was tepid at best.

They never should have invited her, but it’s weird what some "Christians" will do to raise money.

I attended a Christian college once (not Wheaton) that honored archaeologist and oil multi-millionaire Wendell Phillips (back when "millionaire" meant something) with an honorary doctorate. After he used his acceptance speech to contradict things the university considered part of the faith, they barred faculty from later rebutting him from that same pulpit.

I do not name it because I have some reason to think it’s doing better now.

Unclassifiable (unless the class is "Bless Their Hearts")

This NYT item would have me tearing my hair out if I had any hair.

In short, it’s about some Christianish or Christianist business that are hawking guns for Jesus, and they wear their faith (such as it is) on their sleeves, or gunstocks, or anywhere else they can put it to be noticed.

I’m a fallible interpreter of scripture, but doesn’t "put not your trust in princes, in sons of men in whom there is no salvation" include putting trust in the arms you keep and bear, as in declarations like the "Second Amendment to our Constitution is the cornerstone of the freedom we enjoy as American citizens"?

(Reminds me, by the way, of an actual quote from an Oklahoma legislator in the mid-70s: "The first thing the communists do when they take over is outlaw cockfighting." Bet you thought it was going to be "take away all the guns," didn’t you.)

If people have always said it, it is probably true; it is the distilled wisdom of the ages. If people have not always said it, but everybody is saying it now, it is probably a lie; it is the concentrated madness of the moment.

Anthony Esolen, Out of the Ashes

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.

Bless their hearts

Neo-Manicheans

Ten years ago, let’s say fifteen to be safe, if you saw an essay titled “Consequences are Good, Actually,” you might naturally assume that it came from the political right. Conservatives, after all, believe in law and order, retributive justice, and the God of the Old Testament. But nowadays, it’s liberals who constantly call for consequences, liberals who sneer at the concept of forgiveness, liberals who stand for a Manichean worldview that permits no deviation from white-hat/black-hat morality …

We’ve spent the past two years with the left-of-center world debating, and largely endorsing, quite radical ideas about ending policing and prisons. This would seem to suggest a certain predisposition to forgiveness and equanimity in human affairs, a communal understanding that life is complicated, all of us are sinners, and there but for the grace of God go we. But as the various groans about the New York piece show, the urge to defund the police etc. is really much less about a particular ethic of caring and much more about simply nominating a communally-approved target for progressive anger. It happens that the abstract category “the cops” is a good thing for people to target, but the broader point is that most liberal criminal justice reform energy isn’t derived at all from a desire to be more compassionate and understanding but simply to have a new designated hate object ….

Freddie deBoer, Ah, Carceral Liberalism

Also from that piece:

Pie chart showing the number of people locked up on a given day in the United States by facility type and the underlying offense using the newest data available in March 2022.

1.9 million people incarcerated in a nation of (roughly) 340 million. This is an extremely high rate in comparison to other nations.

What the heck is wrong with us? Are we more lawless? More punitive? Both?

Mencken Memorializes Machen

I’d never seen this before — an excerpt from H.L. Mencken’s obituary for J. Gresham Machen:

There was a time, two or three centuries ago, when the overwhelming majority of educated men were believers, but that is apparently true no longer. Indeed, it is my impression that at least two-thirds of them are now frank skeptics. But it is one thing to reject religion altogether, and quite another thing to try to save it by pumping out of it all its essential substance, leaving it in the equivocal position of a sort of pseudo-science, comparable to graphology, “education,” or osteopathy.

That, it seems to me, is what the Modernists have done, no doubt with the best intentions in the world. They have tried to get rid of all the logical difficulties of religion, and yet preserve a generally pious cast of mind. It is a vain enterprise. What they have left, once they have achieved their imprudent scavenging, is hardly more than a row of hollow platitudes, as empty as [of] psychological force and effect as so many nursery rhymes. They may be good people and they may even be contented and happy, but they are no more religious than Dr. Einstein. Religion is something else again — in Henrik Ibsen’s phrase, something far more deep-down-diving and mudupbringing, Dr. Machen tried to impress that obvious fact upon his fellow adherents of the Geneva Mohammed. He failed — but he was undoubtedly right.

H/T Alan Jacobs

Uvalde

The only thing worse, for a community, than what Radley Balko has famously called the “warrior cop” is a bunch of people who are cosplaying warrior cops.

Alan Jacobs. The whole thing is brief and worth reading.

Wordplay

Providence-washing

My very own coinage for baffling, bad or wicked decisions being justified, post hoc, by some good thing coming from it. Example: "Why did prissy Mike Pence ever agree to run with Donald Trump?" Answer: "Maybe God had January 6 in mind."

Phrase of the era: Gish-Galloping

The term “Gish Gallop” was coined by Eugenie Scott of the National Center for Science Education. The phrase refers to a debate tactic that was a favorite of Duane Gish, a young-Earth creationist who was also a highly skilled debater.

The Gish Gallop is the tactic of snowing your opponent under a mountain of supposed “pieces of evidence” or “problem cases” and claiming that the opponent’s inability to respond to this pile of evidence shows that your side is right. This tactic counts as a fallacy because its effectiveness doesn’t depend on presenting arguments that are right or even well-supported. Quantity is offered as a substitute for quality.

(Pseudo-)Science Blog » Gish Gallop (fallacy of the day)

Used in contemporary news:

As the January 6 hearings restarted today after the long weekend, I was thinking about the weird, psychotic fear that has overtaken millions of Americans. I include in those millions people who are near and dear to me, friends I have known for years who now seem to speak a different language, a kind of Fox-infused, Gish Galloping, “what-about” patois that makes no sense even if you slow it down or add punctuation.

Tom Nichols, What Are Trump Supporters So Afraid Of?

High marks to Nichols for applying "Gish Galloping" to the Trumpian patois. I was getting weary of "flooding the zone with shit," which really should be in the Urban Dictionary as a synonym for Gish-Galloping.

Conundrum of the week

May a baptismal regnerationist who never had a "born again experience" represent that he or she is born again for purposes of an Evangelical School requirement that teachers be "Born Again Christians"? (See, e.g., Carson v. Malkin, Breyer, J, dissenting) After all, the very essence of baptismal regnerationism is the belief that a proper baptism is how one actually gets born again.

How about a baptismal regnerationist who (like me) did have a childhood "born again experience" but no longer believes that such experience actually regenerated him or her? (I do not consider my experience worthless, however.)

I’m inclined to say "no" in both cases because, bless their hearts, those schools just don’t really know how one gets regenerate, and they’re using "born again" as a term of Evangelical art.

Did I remember to say "Bless their hearts"?

Breaking Religious News

The Presbyterian Church in America is withdrawing from the National Association of Evangelicals. The essential reason appears to be NAE’s political involvements in general and one political position in particular.

Had I remained in Dallas, I would have become a PCA Presbyterian because our "Independent Presbyterian" church (dear to us even though "Independent Presbyterian" is an oxymoron) was in the process of affiliating when we left.

If people have always said it, it is probably true; it is the distilled wisdom of the ages. If people have not always said it, but everybody is saying it now, it is probably a lie; it is the concentrated madness of the moment.

Anthony Esolen, Out of the Ashes

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.

A wee bit

The last-of-its-kind abides

[A]fter a runoff and a recount, Rep. Henry Cuellar—the last pro-life Democrat in the House—narrowly edged out progressive attorney Jessica Cisneros to win the Democratic primary in Texas’ 28th District.

TMD

What’s the January 5 Committee up to?

Four hearings in, the overall purpose of the public hearings of the House January 6 Committee is clear: to remind you how much more outrageous and unforgivable former President Donald Trump’s brazen attempt to steal the 2020 election was than how you remember it. In that respect, Tuesday’s hearing, featuring the testimony of state and local officials the president’s team tried to malign or manipulate, might have been the most successful one yet.

TMD

Here are the texts the Jan 6 Cmte just showed of @RonJohnsonWI’s chief of staff asking how he can give VP Pence alternate slates of electors for WI and MI on Jan 6th —>

Frank Thorp V via TMD

What are they afraid of?

As the January 6 hearings restarted today after the long weekend, I was thinking about the weird, psychotic fear that has overtaken millions of Americans. I include in those millions people who are near and dear to me, friends I have known for years who now seem to speak a different language …

Arizona House Speaker Rusty Bowers and others, describ[ed] the threats and harassment they have received for doing their duty to the Constitution.

And the threats don’t stop with political figures; families are now in the crosshairs. Representative Adam Kinzinger, for example, tweeted Monday about a letter he received in which the writer threatened not only to kill him, but to kill his wife and infant son.

…

I think the Trump superfans are terrified of being wrong. I suspect they know that for many years they’ve made a terrible mistake—that Trump and his coterie took them to the cleaners and the cognitive dissonance is now rising to ear-splitting, chest-constricting levels. And so they will literally threaten to kill people like Kinzinger (among others) if that’s what it takes to silence the last feeble voice of reason inside themselves.

We know from studies (and from experience as human beings) that being wrong makes us feel uncomfortable. It’s an actual physiological sensation, and when compounded by humiliation, it becomes intolerable. The ego cries out for either silence or assent. In the modern media environment, this fear expresses itself as a demand for the comfort of massive doses of self-justifying rage delivered through the Fox or Newsmax or OAN electronic EpiPen that stills the allergic reaction to truth and reason.

These outlets are eager to oblige. It’s not you, the hosts assure the viewers. It’s them. You made the right decisions years ago and no matter how much it now seems that you were fooled and conned, you are on the side of right and justice.

Tom Nichols, What Are Trump Supporters So Afraid Of?

R.I.P.

Former Purdue basketball star Caleb Swanigan has died at age 25. May he rest in peace; he didn’t have much of that as he lived.

If people have always said it, it is probably true; it is the distilled wisdom of the ages. If people have not always said it, but everybody is saying it now, it is probably a lie; it is the concentrated madness of the moment.

Anthony Esolen, Out of the Ashes

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.

Proving the rule (and more)

Proving the rule

I have long said that when a denomination forms a committee to study whether they’ve been wrong about something that puts them at odds with the culture (and in recent years that almost always involves homosexuality), it invariably leads the denomination to capitulate to the culture.

I was wrong. Wrong about "invariably." Such studies are usually charades, but not, apparently, always.

The Christian Reformed Church in North America (the denomination in which I was an Elder until I left to become Orthodox, and in which my wife so far remains) studied sexuality from 2016 until last week. Then it "voted Wednesday at its annual synod to codify its opposition to homosexual sex by elevating it to the status of confession, or declaration of faith."

The vote, after two long days of debate, approves a list of what the denomination calls sexual immorality it won’t tolerate, including “adultery, premarital sex, extra-marital sex, polyamory, pornography, and homosexual sex.”

Christianity Today, Christian Reformed Church Brings LGBT Stance Into Faith Statement.

Note that homosexual sex is not singled out, though it leaps out on its own to everyone who knows what specific sexuality triggered the six-year study.

The reactions from the dissenters so far have run along predictable lines, which I resist critiquing except to say "It is not compassionate to affirm people’s sins." If you think "homosexual sex" is not a sin, and should be affirmed, then we do not agree.

(I do not mean by "sin" what most western people mean by "sin." Sin is "missing the mark." Deciding on the eternal consequences of particular sins, including the sin of the dissenters from the CRC synod’s decision, is infinitely above my pay-grade.)

The heaviest price the CRC will pay will almost certainly be at its highly-regarded Calvin University, a third of whose faculty publicly voiced opposition to the report from which the synod’s decision flowed:

What’s going to happen to Calvin? It’s going to lose its rock star faculty. But it’s probably going to remain Christian. These liberal faculty are going to go on to greater things, professionally, and be able to dine out on how they were badly treated by the homo-hating fundagelicals at Calvin. But the CRC has taken a brave and unpopular stand for the Gospel. God sees.

Rod Dreher. Most gay-affirming faculty will leave because they will no longer be able to subscribe (literally, as in "sign below" — I signed something analogous as an Elder) the denomination’s fortified faith statement; it would mark them as not among the cool kids to relent now by subscribing The Loathsome Thing, especially if they earlier subscribed the pre-emptive dissent.

Rod’s reader Andrew S. comments:

The momentary rush of conservative enthusiasm for this move will please Rod’s readers, but the fury of the left will be in full force over the next several weeks and months. Any university board contemplating a similar move better should study what will likely happen, and plan accordingly for a media siege of their institution. Watch for the following:

  1. a sudden drop in college rankings, unattributable to any objective criterion currently used by the major ranking media;

  2. a tsunami of requests, using already existing anonymous online reporting portals, for Biden’s Department of Education to open Title IX investigations at the universities in question;

  3. calls by social media talking heads to blacklist graduates of the schools;

  4. a sudden mysterious dearth of available federal and private grant money for faculty at these schools, along with the denial of conference platforms for faculty members.

Financial pressures are such that many if not most religiously-affiliated schools will quickly develop new “insights” into the Bible that permit them to cave in to the left, if they haven’t already. Board members sticking to Christian principles better raise prodigious sums of cash to plow into their endowments and strengthen ties with allied Christian schools to bolster their financial self-sufficiency. Woke winter is coming, and Calvin will provide an example of what other colleges should expect.

Do you doubt this? This manifests the "soft tyranny" that a few on the center-right ridicule, but which I take quite seriously, as recently as Tuesday morning:

It has now become indisputable that the liberal order not only uses a variety of quasi coercive legal instruments such as bureaucratic guidances, selective funding of NGOs, and so forth, but it also exploits the liberal version of the public-private distinction to full advantage. It deploys selective enforcement of the law against “private violence” and takes political advantage of background conditions of economic necessity (“the market”) and of the radical conformity of public opinion under liberalism, instigated by the media. It controls its subjects with mobs both virtual and real, threats of ostracism, loss of employment, and a sort of reputational death (the dreaded state of being “out of the mainstream,” enforced politically by a cordon sanitaire).

Adrian Vermeule.

I have said at least once before and will say it again: the Christian Reformed Church was a very good place from which to come to Orthodoxy. It never dove into the zaniness of broader evangelicalism (thought many parishes and individuals have dipped their toes, or even waded in up to the knees). Rather, from my earliest arrival struck me as sober and serious-minded.

Yet I expected it to cave in, because I do not trust Protestantism over the long haul to interpret their touchstone, their scriptures, in any seriously countercultural way.

I’m heartened that this was not the CRC’s year to swallow the zeitgeist. And they set such a firm precedent that it will be hard to backslide very soon. By then, the zeitgeist may have moved on, as zeitgeists are wont to do.

Why the rule remains generally valid

We are not in a post-Christian age, but in a post-Enlightenment age. The reason why these Christianities are collapsing is that they were rationalized.

Fr. Hans Jacobse on the WAWTAR podcast.

Calvinism ("the Reformed faith") is surely among the most rationalized. Its system fails, in my opinion, not for lack of rationality, but for lack of humanity: it’s hard to see daylight between Reformed predestination and simple fatalism, hard to see room for meaningful human agency.

Denialisms

I can have an argument with you about what to do about climate change. I can even accept somebody making an argument that, based on what I know about human nature, it’s too late to do anything serious about this—the Chinese aren’t going to do it, the Indians aren’t going to do it—and that the best we can do is adapt. I disagree with that, but I accept that it’s a coherent argument. I don’t know what to say if you simply say, “This is a hoax that the liberals have cooked up, and the scientists are cooking the books. And that footage of glaciers dropping off the shelves of Antarctica and Greenland are all phony.” Where do I start trying to figure out where to do something?

Jeffrey Goldberg, ‌Why Obama Fears for Our Democracy – The Atlantic.

You can swap "climate change" with a lot of other issues, most famously Alex Jones’ claim that Sandy Hook was a hoax, the bereaved parents "crisis actors." On second thought, "the Democrats stole the 2020 Election" may be more famous.

Hard words

A. G. Sertillanges wrote in The Intellectual Life: “The mind is dulled, not fed, by inordinate reading, it is made gradually incapable of reflection and concentration, and therefore of production…. Never read when you can reflect; read only, except in moments of recreation, what concerns the purpose you are pursuing; and read little, so as not to eat up your interior silence.”

Kit Wilson, Reading Ourselves to Death.

Another excellent article read, on the perils of too much reading.

Babylon, not Israel

[S]ome see America as a new Israel, God’s chosen country that’s now being taken over by His enemies, rather than a new Babylon in which Jesus-followers are mixed in with many others.

Marvin Olasky, The Sixty Years’ War: Evangelical Christianity in the Age of Trump.

The oldest lie of all is the denial of death.

The cities lie. Their radical chic is stretched tight over the bare lust for money. Their cosmopolitan diversity hides the uniformity of clawing ambition. Their youth is stolen from elsewhere, used for a time, and discarded when its looks and gullibility begin to fade. They grow little food and make fewer objects every year. They offer only services no one needs and knowledge no one believes. A blustering businessman sinks deeper into debt; but, risking it all again and again, he’ll keep up his pretence until the bailiffs arrive. That is the soul of the city.

FFatalism, The dishonest land The whole short posting was excellent in a bleak sort of way.

And, God help me, I love cities anyway.‌

Dad theory

My kids—if I can even use the possessive—are a part of me, but I cannot see them if I reduce them to my own reflection. Parenthood entails limitless closeness; all parents see more of their very young children than their kids can see of themselves. Being a dad, though, means perceiving this intimacy from a distance and working to make it outwardly manifest through awkward, conscious effort. This dialectical relationship resembles good thinking, which brings us to the first moment of Dad Theory. Dads guard against losing themselves in particularity, on one hand, and losing themselves in abstraction, on the other. Being a dad means being neither too attached to one’s own concerns to see things clearly, nor too impressed by speculation to see the messiness of real life. To practice Dad Theory is to negotiate with the known unknowns—and to trust that love is a stable point you can use to navigate through ambiguity to reach something solid and sure.

Matt Dinan, ‌It’s Time for Some Dad Theory, via Leah Libresco Sargeant, Dads Choosing to be Dependable

When is a coup too stupid to be a coup?

The American Conservative‘s Peter Van Buren looks at January 6 and concludes that the coup attempt was so stupid and so deficient in his post-hoc markers of coup attempts (he sets a remarkably high bar) that it couldn’t possibly have been a coup attempt at all.

I’m so glad he cleared that up. It will be a relief when my subscription expires and I no longer feel duty-bound to rummage through such garbage in search of nourishment.

Word of the day:

Portent. Since portents don’t come with Divinely-inscribed subtitles, I’ll leave it to you to decide what this means.

But if you want to call it "mere coincidence," note that your case is no stronger than mine for "portent."

To the woke, discernment is discrimination and boundaries are oppression.

Richard Abbot, who I don’t know from Adam but who responded to this.

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.

Summer Solstice ’22

Prosecute Trump?

So far, there has only been circumstantial evidence that Trump knew he lost the 2020 Election, so news that he admitted his loss theoretically could be huge.

However, if you have access to the New York Times, do yourself a favor and read Prosecute Trump? Put Yourself in Merrick Garland’s Shoes. I think I’d call it a day at step two of the analysis: the unlikelihood of a unanimous guilty verdict in a country where so many worship the guy. Not even in the very liberal District of Columbia.

If I made it to step three, I’d again hit a wall: Do we really want that disgraceful and disgraced humbug to star as Johnny Depp with the prosecution as Amber Heard?

So I say "no prosecution." Our best outcome will be if the current Congressional hearings sufficiently disgrace him, even to those who voted for him, that he’s politically dead and buried.

Kudos to the Dispatch

Your membership allows us to do this kind of high-quality, in-depth journalism rather than chase clicks or attempt to monetize the latest outrage. Thank you.

The Morning Dispatch, touting its multi-part report on How the Uyghur Forced Labor Prevention Act Became Law.

I’ve subscribed been a member from the beginning, and the Dispatch has consistently made good on not chasing clicks or attempting to monetize the latest outrage. Its voice is unique: clearly not Trumpist, yet not obsessively anti-Trump like The Bulwark. It is one of my most valued news and commentary sources (though Jonah Goldberg alone talks and writes more than I can find time to listen and read).

Consider joining and enjoying a play-it-straight source in this tribalist historic hiatus.

Summer Kwaanza?

Juneteenth—the annual observance celebrating the end of slavery in the United States in 1865—is a holiday that many Americans haven’t heard of until recently. That has caused some to wonder if it’s just some new “woke” holiday invented by Marxist academics, the creators of the historically inaccurate 1619 Project, or some other group on the left.

It is not.

Juneteenth has been celebrated since 1866, mostly by Black Americans; yet it’s a day that’s worthy of celebration by every American, as it represents a critical turning point in American history, not just Black history. It is the day that we as a people finally began to live up to one of the greatest principles we professed: a nation devoted to liberty for all.

Kay Cole James

Yes, I was among those world-weary folks who assumed Juneteenth was a summer Kwaanza. My bad.

How should we celebrate this newest national holiday?

Second-hand reading list

  • American Rhyd Wildermuth is writing about his new life in Luxembourg, discovering the complexity of European culture from the perspective of a recovering US ‘progressive’. His observations about the mapping of a simplistic American race narrative onto the old and ever-shifting cultures and ethnicities of Europe is spot-on, I think. I have long felt that the language in which British and some European cultural elites now talk about race – dividing the world artificially into ‘whites’ and ‘people of colour’, for example – is a form of American colonialism which both obscures the reality of European culture and history, and increases or introduces racial tension. Rhyd writes about this sensitively and sharply.
  • If ‘the modern world is a hell’ seems like overkill to you, this recent Guardian interview with transhumanist author Elise Bohan may wake you up, for Bohan is quite clear about where it is leading, and she can’t wait. The aim of transhumanism, she explains, is to allow us to move beyond the ‘ape-brained meat sack’ otherwise known as the human body, so that we can beat death, remake humanity, perfect nature and ultimately, in her own words ‘build God’ anew. Bohan, of course, like her interviewer, doesn’t believe in God. If she did, she might recognise that the argument she is making is precisely the same one that was made by the serpent in the Garden of Eden – which is to say that, as I suggested in my last essay, it is literally Satanic.
  • What is the alternative to this future? Neuroscientist Erik Hoel, in a long and interesting essay on his own Substack, suggests that the answer might lie in Shakespeare. Humanity is messy. Nature is complex, and not under our control. The likes of Bohan, who are designing our future, can’t cope with this mess, just as they can’t cope with loss, death, humility, the unknown, the transcendent or anything else they can’t turn into an equation or replicate in a lab. The ‘coming inhuman future’, as Hoel calls it, can only be fought with a defence of the irrational, messy, dark, light and mysterious complexity of nature, which includes our human nature. Arm yourselves.

Paul Kingsnorth, Intermission: Reading and Writing – by Paul Kingsnorth. Kingsnorth recommended some others, too, but these are what I’m going to read.

A quick, partial critique of liberalism

It has now become indisputable that the liberal order not only uses a variety of quasi coercive legal instruments such as bureaucratic guidances, selective funding of NGOs, and so forth, but it also exploits the liberal version of the public-private distinction to full advantage. It deploys selective enforcement of the law against “private violence” and takes political advantage of background conditions of economic necessity (“the market”) and of the radical conformity of public opinion under liberalism, instigated by the media. It controls its subjects with mobs both virtual and real, threats of ostracism, loss of employment, and a sort of reputational death (the dreaded state of being “out of the mainstream,” enforced politically by a cordon sanitaire).

Adrian Vermeule.

I continue to struggle: I want classical liberalism to work, but I am conversant with powerful critiques, including from sorta-scary guys like Vermeule. Monday, I finally ordered a primary source for its defense: Francis Fukuyama’s End of History and the Last Man, having read quite a bit about it over the past few days.

If people have always said it, it is probably true; it is the distilled wisdom of the ages. If people have not always said it, but everybody is saying it now, it is probably a lie; it is the concentrated madness of the moment.

Anthony Esolen, Out of the Ashes

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.